As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 292

Representative Gonzales 

Cosponsors: Representatives Grossman, Stebelton, Reece, Dovilla, Gardner, Baker, Wachtmann, Fende, Antonio, Carney, Celeste, Duffey, Garland, Yuko, Beck, Blair, Boyd, Cera, Combs, Conditt, Damschroder, DeVitis, Hackett, Johnson, Maag, Milkovich, Pelanda, Ruhl, Sears, Slaby, Stinziano, Weddington, Winburn 

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A BILL

To amend sections 4731.07, 4731.19, 4731.22,

1

4731.222, 4731.224, 4731.24, and 4731.25 and to

2

enact sections 4778.01, 4778.02, 4778.03, 4778.04,

3

4778.05, 4778.06, 4778.07, 4778.08, 4778.09,

4

4778.10, 4778.11, 4778.12, 4778.14, 4778.15,

5

4778.16, 4778.18, 4778.19, 4778.20, 4778.21,

6

4778.22, 4778.24, and 4778.99 of the Revised Code

7

to establish licensure requirements for genetic

8

counselors and to modify certain laws governing

9

the State Medical Board.

10

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

Section 1. That sections 4731.07, 4731.19, 4731.22, 4731.222,	11
4731.224, 4731.24, and 4731.25 be amended and sections 4778.01,	12
4778.02, 4778.03, 4778.04, 4778.05, 4778.06, 4778.07, 4778.08,	13
4778.09, 4778.10, 4778.11, 4778.12, 4778.14, 4778.15, 4778.16,	14
4778.18, 4778.19, 4778.20, 4778.21, 4778.22, 4778.24, and 4778.99	15
of the Revised Code be enacted to read as follows:	16

Sec. 4731.07.  The state medical board shall keep a record of	17
its proceedings. It shall also keep a register of applicants for	18
certificates of registration and certificates to practice issued	19
under this chapter and Chapters 4730., 4760., 4762., and 4774. of	20
the Revised Code and licenses issued under Chapter 4778. of the	21
Revised Code. The register shall show the name of the applicant	22
and whether the applicant was granted or refused a certificate or	23
license. With respect to applicants to practice medicine and	24
surgery or osteopathic medicine and surgery, the register shall	25
show the name of the institution that granted the applicant the	26
degree of doctor of medicine or osteopathic medicine. The books	27
and records of the board shall be prima-facie evidence of matters	28
therein contained.	29

Sec. 4731.19. (A) A person seeking a certificate to practice	30
a limited branch of medicine shall file with the state medical	31
board an application in a manner prescribed by the board. The	32
application shall include or be accompanied by evidence of all of	33
the following:	34

(1) ThatEvidence that the applicant is at least eighteen	35
years of age and of good moral character;	36

(2) ThatEvidence that the applicant has attained high school	37
graduation or its equivalent;	38

(3) ThatEvidence that the applicant holds one of the	39
following:	40

(a) A diploma or certificate from a school, college, or	41
institution in good standing as determined by the board, showing	42
the completion of the required courses of instruction;	43

(b) A diploma or certificate from a school, college, or	44
institution in another state or jurisdiction showing completion of	45
a course of instruction that meets course requirements determined	46
by the board through rules adopted under section 4731.05 of the	47
Revised Code;	48

(c) For not less than five years preceding application, a	49
current license, registration, or certificate in good standing in	50
another state for massage therapy or cosmetic therapy.	51

(4) Evidence that the applicant has successfully passed an	52
examination, prescribed in rules described in section 4731.16 of	53
the Revised Code, to determine competency to practice the	54
applicable limited branch of medicine;	55

(5) An affidavit signed by the applicant attesting to the	56
accuracy and truthfulness of information submitted under this	57
section and consenting to release of information;	58

(6) Any other information the board requires.

59

(B) An applicant for a certificate to practice a limited	60
branch of medicine shall comply with the requirements of section	61
4731.171 of the Revised Code.	62

(C) At the time of making application for a certificate to	63
practice a limited branch of medicine, the applicant shall pay to	64
the board a fee of one hundred fifty dollars, no part of which	65
shall be returned. No application shall be considered filed until	66
the board receives the appropriate fee.	67

(D) The board may investigate the application materials	68
received under this section and contact any agency or organization	69
for recommendations or other information about the applicant.	70

Sec. 4731.22.  (A) The state medical board, by an affirmative	71
vote of not fewer than six of its members, may revoke or may	72
refuse to grant a certificate to a person found by the board to	73
have committed fraud during the administration of the examination	74
for a certificate to practice or to have committed fraud,	75
misrepresentation, or deception in applying for or securing any	76
certificate to practice or certificate of registration issued by	77
the board.	78

(B) The board, by an affirmative vote of not fewer than six	79
members, shall, to the extent permitted by law, limit, revoke, or	80
suspend an individual's certificate to practice, refuse to	81
register an individual, refuse to reinstate a certificate, or	82
reprimand or place on probation the holder of a certificate for	83
one or more of the following reasons:	84

(1) Permitting one's name or one's certificate to practice or	85
certificate of registration to be used by a person, group, or	86
corporation when the individual concerned is not actually	87
directing the treatment given;	88

(2) Failure to maintain minimal standards applicable to the	89
selection or administration of drugs, or failure to employ	90
acceptable scientific methods in the selection of drugs or other	91
modalities for treatment of disease;	92

(3) Selling, giving away, personally furnishing, prescribing,	93
or administering drugs for other than legal and legitimate	94
therapeutic purposes or a plea of guilty to, a judicial finding of	95
guilt of, or a judicial finding of eligibility for intervention in	96
lieu of conviction of, a violation of any federal or state law	97
regulating the possession, distribution, or use of any drug;	98

(4) Willfully betraying a professional confidence.

99

For purposes of this division, "willfully betraying a	100
professional confidence" does not include providing any	101
information, documents, or reports to a child fatality review	102
board under sections 307.621 to 307.629 of the Revised Code and	103
does not include the making of a report of an employee's use of a	104
drug of abuse, or a report of a condition of an employee other	105
than one involving the use of a drug of abuse, to the employer of	106
the employee as described in division (B) of section 2305.33 of	107
the Revised Code. Nothing in this division affects the immunity	108
from civil liability conferred by that section upon a physician	109
who makes either type of report in accordance with division (B) of	110
that section. As used in this division, "employee," "employer,"	111
and "physician" have the same meanings as in section 2305.33 of	112
the Revised Code.	113

(5) Making a false, fraudulent, deceptive, or misleading	114
statement in the solicitation of or advertising for patients; in	115
relation to the practice of medicine and surgery, osteopathic	116
medicine and surgery, podiatric medicine and surgery, or a limited	117
branch of medicine; or in securing or attempting to secure any	118
certificate to practice or certificate of registration issued by	119
the board.	120

As used in this division, "false, fraudulent, deceptive, or	121
misleading statement" means a statement that includes a	122
misrepresentation of fact, is likely to mislead or deceive because	123
of a failure to disclose material facts, is intended or is likely	124
to create false or unjustified expectations of favorable results,	125
or includes representations or implications that in reasonable	126
probability will cause an ordinarily prudent person to	127
misunderstand or be deceived.	128

(6) A departure from, or the failure to conform to, minimal	129
standards of care of similar practitioners under the same or	130
similar circumstances, whether or not actual injury to a patient	131
is established;	132

(7) Representing, with the purpose of obtaining compensation	133
or other advantage as personal gain or for any other person, that	134
an incurable disease or injury, or other incurable condition, can	135
be permanently cured;	136

(8) The obtaining of, or attempting to obtain, money or	137
anything of value by fraudulent misrepresentations in the course	138
of practice;	139

(9) A plea of guilty to, a judicial finding of guilt of, or a	140
judicial finding of eligibility for intervention in lieu of	141
conviction for, a felony;	142

(10) Commission of an act that constitutes a felony in this	143
state, regardless of the jurisdiction in which the act was	144
committed;	145

(11) A plea of guilty to, a judicial finding of guilt of, or	146
a judicial finding of eligibility for intervention in lieu of	147
conviction for, a misdemeanor committed in the course of practice;	148

(12) Commission of an act in the course of practice that	149
constitutes a misdemeanor in this state, regardless of the	150
jurisdiction in which the act was committed;	151

(13) A plea of guilty to, a judicial finding of guilt of, or	152
a judicial finding of eligibility for intervention in lieu of	153
conviction for, a misdemeanor involving moral turpitude;	154

(14) Commission of an act involving moral turpitude that	155
constitutes a misdemeanor in this state, regardless of the	156
jurisdiction in which the act was committed;	157

(15) Violation of the conditions of limitation placed by the	158
board upon a certificate to practice;	159

(16) Failure to pay license renewal fees specified in this	160
chapter;	161

(17) Except as authorized in section 4731.31 of the Revised	162
Code, engaging in the division of fees for referral of patients,	163
or the receiving of a thing of value in return for a specific	164
referral of a patient to utilize a particular service or business;	165

(18) Subject to section 4731.226 of the Revised Code,	166
violation of any provision of a code of ethics of the American	167
medical association, the American osteopathic association, the	168
American podiatric medical association, or any other national	169
professional organizations that the board specifies by rule. The	170
state medical board shall obtain and keep on file current copies	171
of the codes of ethics of the various national professional	172
organizations. The individual whose certificate is being suspended	173
or revoked shall not be found to have violated any provision of a	174
code of ethics of an organization not appropriate to the	175
individual's profession.	176

For purposes of this division, a "provision of a code of	177
ethics of a national professional organization" does not include	178
any provision that would preclude the making of a report by a	179
physician of an employee's use of a drug of abuse, or of a	180
condition of an employee other than one involving the use of a	181
drug of abuse, to the employer of the employee as described in	182
division (B) of section 2305.33 of the Revised Code. Nothing in	183
this division affects the immunity from civil liability conferred	184
by that section upon a physician who makes either type of report	185
in accordance with division (B) of that section. As used in this	186
division, "employee," "employer," and "physician" have the same	187
meanings as in section 2305.33 of the Revised Code.	188

(19) Inability to practice according to acceptable and	189
prevailing standards of care by reason of mental illness or	190
physical illness, including, but not limited to, physical	191
deterioration that adversely affects cognitive, motor, or	192
perceptive skills.	193

In enforcing this division, the board, upon a showing of a	194
possible violation, may compel any individual authorized to	195
practice by this chapter or who has submitted an application	196
pursuant to this chapter to submit to a mental examination,	197
physical examination, including an HIV test, or both a mental and	198
a physical examination. The expense of the examination is the	199
responsibility of the individual compelled to be examined. Failure	200
to submit to a mental or physical examination or consent to an HIV	201
test ordered by the board constitutes an admission of the	202
allegations against the individual unless the failure is due to	203
circumstances beyond the individual's control, and a default and	204
final order may be entered without the taking of testimony or	205
presentation of evidence. If the board finds an individual unable	206
to practice because of the reasons set forth in this division, the	207
board shall require the individual to submit to care, counseling,	208
or treatment by physicians approved or designated by the board, as	209
a condition for initial, continued, reinstated, or renewed	210
authority to practice. An individual affected under this division	211
shall be afforded an opportunity to demonstrate to the board the	212
ability to resume practice in compliance with acceptable and	213
prevailing standards under the provisions of the individual's	214
certificate. For the purpose of this division, any individual who	215
applies for or receives a certificate to practice under this	216
chapter accepts the privilege of practicing in this state and, by	217
so doing, shall be deemed to have given consent to submit to a	218
mental or physical examination when directed to do so in writing	219
by the board, and to have waived all objections to the	220
admissibility of testimony or examination reports that constitute	221
a privileged communication.	222

(20) Except when civil penalties are imposed under section	223
4731.225 or 4731.281 of the Revised Code, and subject to section	224
4731.226 of the Revised Code, violating or attempting to violate,	225
directly or indirectly, or assisting in or abetting the violation	226
of, or conspiring to violate, any provisions of this chapter or	227
any rule promulgated by the board.	228

This division does not apply to a violation or attempted	229
violation of, assisting in or abetting the violation of, or a	230
conspiracy to violate, any provision of this chapter or any rule	231
adopted by the board that would preclude the making of a report by	232
a physician of an employee's use of a drug of abuse, or of a	233
condition of an employee other than one involving the use of a	234
drug of abuse, to the employer of the employee as described in	235
division (B) of section 2305.33 of the Revised Code. Nothing in	236
this division affects the immunity from civil liability conferred	237
by that section upon a physician who makes either type of report	238
in accordance with division (B) of that section. As used in this	239
division, "employee," "employer," and "physician" have the same	240
meanings as in section 2305.33 of the Revised Code.	241

(21) The violation of section 3701.79 of the Revised Code or	242
of any abortion rule adopted by the public health council pursuant	243
to section 3701.341 of the Revised Code;	244

(22) Any of the following actions taken by an agency	245
responsible for authorizing, certifying, or regulating an	246
individual to practice a health care occupation or provide health	247
care services in this state or another jurisdiction, for any	248
reason other than the nonpayment of fees: the limitation,	249
revocation, or suspension of an individual's license to practice;	250
acceptance of an individual's license surrender; denial of a	251
license; refusal to renew or reinstate a license; imposition of	252
probation; or issuance of an order of censure or other reprimand;	253

(23) The violation of section 2919.12 of the Revised Code or	254
the performance or inducement of an abortion upon a pregnant woman	255
with actual knowledge that the conditions specified in division	256
(B) of section 2317.56 of the Revised Code have not been satisfied	257
or with a heedless indifference as to whether those conditions	258
have been satisfied, unless an affirmative defense as specified in	259
division (H)(2) of that section would apply in a civil action	260
authorized by division (H)(1) of that section;	261

(24) The revocation, suspension, restriction, reduction, or	262
termination of clinical privileges by the United States department	263
of defense or department of veterans affairs or the termination or	264
suspension of a certificate of registration to prescribe drugs by	265
the drug enforcement administration of the United States	266
department of justice;	267

(25) Termination or suspension from participation in the	268
medicare or medicaid programs by the department of health and	269
human services or other responsible agency for any act or acts	270
that also would constitute a violation of division (B)(2), (3),	271
(6), (8), or (19) of this section;	272

(26) Impairment of ability to practice according to	273
acceptable and prevailing standards of care because of habitual or	274
excessive use or abuse of drugs, alcohol, or other substances that	275
impair ability to practice.	276

For the purposes of this division, any individual authorized	277
to practice by this chapter accepts the privilege of practicing in	278
this state subject to supervision by the board. By filing an	279
application for or holding a certificate to practice under this	280
chapter, an individual shall be deemed to have given consent to	281
submit to a mental or physical examination when ordered to do so	282
by the board in writing, and to have waived all objections to the	283
admissibility of testimony or examination reports that constitute	284
privileged communications.	285

If it has reason to believe that any individual authorized to	286
practice by this chapter or any applicant for certification to	287
practice suffers such impairment, the board may compel the	288
individual to submit to a mental or physical examination, or both.	289
The expense of the examination is the responsibility of the	290
individual compelled to be examined. Any mental or physical	291
examination required under this division shall be undertaken by a	292
treatment provider or physician who is qualified to conduct the	293
examination and who is chosen by the board.	294

Failure to submit to a mental or physical examination ordered	295
by the board constitutes an admission of the allegations against	296
the individual unless the failure is due to circumstances beyond	297
the individual's control, and a default and final order may be	298
entered without the taking of testimony or presentation of	299
evidence. If the board determines that the individual's ability to	300
practice is impaired, the board shall suspend the individual's	301
certificate or deny the individual's application and shall require	302
the individual, as a condition for initial, continued, reinstated,	303
or renewed certification to practice, to submit to treatment.	304

Before being eligible to apply for reinstatement of a	305
certificate suspended under this division, the impaired	306
practitioner shall demonstrate to the board the ability to resume	307
practice in compliance with acceptable and prevailing standards of	308
care under the provisions of the practitioner's certificate. The	309
demonstration shall include, but shall not be limited to, the	310
following:	311

(a) Certification from a treatment provider approved under	312
section 4731.25 of the Revised Code that the individual has	313
successfully completed any required inpatient treatment;	314

(b) Evidence of continuing full compliance with an aftercare	315
contract or consent agreement;	316

(c) Two written reports indicating that the individual's	317
ability to practice has been assessed and that the individual has	318
been found capable of practicing according to acceptable and	319
prevailing standards of care. The reports shall be made by	320
individuals or providers approved by the board for making the	321
assessments and shall describe the basis for their determination.	322

The board may reinstate a certificate suspended under this	323
division after that demonstration and after the individual has	324
entered into a written consent agreement.	325

When the impaired practitioner resumes practice, the board	326
shall require continued monitoring of the individual. The	327
monitoring shall include, but not be limited to, compliance with	328
the written consent agreement entered into before reinstatement or	329
with conditions imposed by board order after a hearing, and, upon	330
termination of the consent agreement, submission to the board for	331
at least two years of annual written progress reports made under	332
penalty of perjury stating whether the individual has maintained	333
sobriety.	334

(27) A second or subsequent violation of section 4731.66 or	335
4731.69 of the Revised Code;	336

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

337

(a) Waiving the payment of all or any part of a deductible or	338
copayment that a patient, pursuant to a health insurance or health	339
care policy, contract, or plan that covers the individual's	340
services, otherwise would be required to pay if the waiver is used	341
as an enticement to a patient or group of patients to receive	342
health care services from that individual;	343

(b) Advertising that the individual will waive the payment of	344
all or any part of a deductible or copayment that a patient,	345
pursuant to a health insurance or health care policy, contract, or	346
plan that covers the individual's services, otherwise would be	347
required to pay.	348

(29) Failure to use universal blood and body fluid	349
precautions established by rules adopted under section 4731.051 of	350
the Revised Code;	351

(30) Failure to provide notice to, and receive acknowledgment	352
of the notice from, a patient when required by section 4731.143 of	353
the Revised Code prior to providing nonemergency professional	354
services, or failure to maintain that notice in the patient's	355
file;	356

(31) Failure of a physician supervising a physician assistant	357
to maintain supervision in accordance with the requirements of	358
Chapter 4730. of the Revised Code and the rules adopted under that	359
chapter;	360

(32) Failure of a physician or podiatrist to enter into a	361
standard care arrangement with a clinical nurse specialist,	362
certified nurse-midwife, or certified nurse practitioner with whom	363
the physician or podiatrist is in collaboration pursuant to	364
section 4731.27 of the Revised Code or failure to fulfill the	365
responsibilities of collaboration after entering into a standard	366
care arrangement;	367

(33) Failure to comply with the terms of a consult agreement	368
entered into with a pharmacist pursuant to section 4729.39 of the	369
Revised Code;	370

(34) Failure to cooperate in an investigation conducted by	371
the board under division (F) of this section, including failure to	372
comply with a subpoena or order issued by the board or failure to	373
answer truthfully a question presented by the board at a	374
deposition or in written interrogatories, except that failure to	375
cooperate with an investigation shall not constitute grounds for	376
discipline under this section if a court of competent jurisdiction	377
has issued an order that either quashes a subpoena or permits the	378
individual to withhold the testimony or evidence in issue;	379

(35) Failure to supervise an acupuncturist in accordance with	380
Chapter 4762. of the Revised Code and the board's rules for	381
supervision of an acupuncturist;	382

(36) Failure to supervise an anesthesiologist assistant in	383
accordance with Chapter 4760. of the Revised Code and the board's	384
rules for supervision of an anesthesiologist assistant;	385

(37) Assisting suicide as defined in section 3795.01 of the	386
Revised Code;	387

(38) Failure to comply with the requirements of section	388
2317.561 of the Revised Code;	389

(39) Failure to supervise a radiologist assistant in	390
accordance with Chapter 4774. of the Revised Code and the board's	391
rules for supervision of radiologist assistants;	392

(40) Performing or inducing an abortion at an office or	393
facility with knowledge that the office or facility fails to post	394
the notice required under section 3701.791 of the Revised Code;	395

(41) Failure to comply with the standards and procedures	396
established in rules under section 4731.054 of the Revised Code	397
for the operation of or the provision of care at a pain management	398
clinic;	399

(42) Failure to comply with the standards and procedures	400
established in rules under section 4731.054 of the Revised Code	401
for providing supervision, direction, and control of individuals	402
at a pain management clinic;	403

(43) Failure to comply with the requirements of section	404
4729.79 of the Revised Code, unless the state board of pharmacy no	405
longer maintains a drug database pursuant to section 4729.75 of	406
the Revised Code;	407

(41)(44) Failure to comply with the requirements of section	408
2919.171 of the Revised Code or failure to submit to the	409
department of health in accordance with a court order a complete	410
report as described in section 2919.171 of the Revised Code;	411

(45) Failure to supervise a genetic counselor holding a	412
supervised practice license in accordance with Chapter 4778. of	413
the Revised Code and the board's rules for supervision of the	414
genetic counselor;	415

(46) Failure to fulfill the responsibilities of collaboration	416
after entering into a collaborative agreement with a genetic	417
counselor under division (B) of section 4778.11 of the Revised	418
Code or failure to comply with the board's rules regarding such	419
agreements.	420

(C) Disciplinary actions taken by the board under divisions	421
(A) and (B) of this section shall be taken pursuant to an	422
adjudication under Chapter 119. of the Revised Code, except that	423
in lieu of an adjudication, the board may enter into a consent	424
agreement with an individual to resolve an allegation of a	425
violation of this chapter or any rule adopted under it. A consent	426
agreement, when ratified by an affirmative vote of not fewer than	427
six members of the board, shall constitute the findings and order	428
of the board with respect to the matter addressed in the	429
agreement. If the board refuses to ratify a consent agreement, the	430
admissions and findings contained in the consent agreement shall	431
be of no force or effect.	432

A telephone conference call may be utilized for ratification	433
of a consent agreement that revokes or suspends an individual's	434
certificate to practice. The telephone conference call shall be	435
considered a special meeting under division (F) of section 121.22	436
of the Revised Code.	437

If the board takes disciplinary action against an individual	438
under division (B) of this section for a second or subsequent plea	439
of guilty to, or judicial finding of guilt of, a violation of	440
section 2919.123 of the Revised Code, the disciplinary action	441
shall consist of a suspension of the individual's certificate to	442
practice for a period of at least one year or, if determined	443
appropriate by the board, a more serious sanction involving the	444
individual's certificate to practice. Any consent agreement	445
entered into under this division with an individual that pertains	446
to a second or subsequent plea of guilty to, or judicial finding	447
of guilt of, a violation of that section shall provide for a	448
suspension of the individual's certificate to practice for a	449
period of at least one year or, if determined appropriate by the	450
board, a more serious sanction involving the individual's	451
certificate to practice.	452

(D) For purposes of divisions (B)(10), (12), and (14) of this	453
section, the commission of the act may be established by a finding	454
by the board, pursuant to an adjudication under Chapter 119. of	455
the Revised Code, that the individual committed the act. The board	456
does not have jurisdiction under those divisions if the trial	457
court renders a final judgment in the individual's favor and that	458
judgment is based upon an adjudication on the merits. The board	459
has jurisdiction under those divisions if the trial court issues	460
an order of dismissal upon technical or procedural grounds.	461

(E) The sealing of conviction records by any court shall have	462
no effect upon a prior board order entered under this section or	463
upon the board's jurisdiction to take action under this section	464
if, based upon a plea of guilty, a judicial finding of guilt, or a	465
judicial finding of eligibility for intervention in lieu of	466
conviction, the board issued a notice of opportunity for a hearing	467
prior to the court's order to seal the records. The board shall	468
not be required to seal, destroy, redact, or otherwise modify its	469
records to reflect the court's sealing of conviction records.	470

(F)(1) The board shall investigate evidence that appears to	471
show that a person has violated any provision of this chapter or	472
any rule adopted under it. Any person may report to the board in a	473
signed writing any information that the person may have that	474
appears to show a violation of any provision of this chapter or	475
any rule adopted under it. In the absence of bad faith, any person	476
who reports information of that nature or who testifies before the	477
board in any adjudication conducted under Chapter 119. of the	478
Revised Code shall not be liable in damages in a civil action as a	479
result of the report or testimony. Each complaint or allegation of	480
a violation received by the board shall be assigned a case number	481
and shall be recorded by the board.	482

(2) Investigations of alleged violations of this chapter or	483
any rule adopted under it shall be supervised by the supervising	484
member elected by the board in accordance with section 4731.02 of	485
the Revised Code and by the secretary as provided in section	486
4731.39 of the Revised Code. The president may designate another	487
member of the board to supervise the investigation in place of the	488
supervising member. No member of the board who supervises the	489
investigation of a case shall participate in further adjudication	490
of the case.	491

(3) In investigating a possible violation of this chapter or	492
any rule adopted under this chapter, the board may administer	493
oaths, order the taking of depositions, inspect and copy any	494
books, accounts, papers, records, or documents, issue subpoenas,	495
and compel the attendance of witnesses and production of books,	496
accounts, papers, records, documents, and testimony, except that a	497
subpoena for patient record information shall not be issued	498
without consultation with the attorney general's office and	499
approval of the secretary and supervising member of the board.	500
Before issuance of a subpoena for patient record information, the	501
secretary and supervising member shall determine whether there is	502
probable cause to believe that the complaint filed alleges a	503
violation of this chapter or any rule adopted under it and that	504
the records sought are relevant to the alleged violation and	505
material to the investigation. The subpoena may apply only to	506
records that cover a reasonable period of time surrounding the	507
alleged violation.	508

On failure to comply with any subpoena issued by the board	509
and after reasonable notice to the person being subpoenaed, the	510
board may move for an order compelling the production of persons	511
or records pursuant to the Rules of Civil Procedure.	512

A subpoena issued by the board may be served by a sheriff,	513
the sheriff's deputy, or a board employee designated by the board.	514
Service of a subpoena issued by the board may be made by	515
delivering a copy of the subpoena to the person named therein,	516
reading it to the person, or leaving it at the person's usual	517
place of residence. When the person being served is a person whose	518
practice is authorized by this chapter, service of the subpoena	519
may be made by certified mail, restricted delivery, return receipt	520
requested, and the subpoena shall be deemed served on the date	521
delivery is made or the date the person refuses to accept	522
delivery.	523

A sheriff's deputy who serves a subpoena shall receive the	524
same fees as a sheriff. Each witness who appears before the board	525
in obedience to a subpoena shall receive the fees and mileage	526
provided for under section 119.094 of the Revised Code.	527

(4) All hearings and investigations of the board shall be	528
considered civil actions for the purposes of section 2305.252 of	529
the Revised Code.	530

(5) Information received by the board pursuant to an	531
investigation is confidential and not subject to discovery in any	532
civil action.	533

The board shall conduct all investigations and proceedings in	534
a manner that protects the confidentiality of patients and persons	535
who file complaints with the board. The board shall not make	536
public the names or any other identifying information about	537
patients or complainants unless proper consent is given or, in the	538
case of a patient, a waiver of the patient privilege exists under	539
division (B) of section 2317.02 of the Revised Code, except that	540
consent or a waiver of that nature is not required if the board	541
possesses reliable and substantial evidence that no bona fide	542
physician-patient relationship exists.	543

The board may share any information it receives pursuant to	544
an investigation, including patient records and patient record	545
information, with law enforcement agencies, other licensing	546
boards, and other governmental agencies that are prosecuting,	547
adjudicating, or investigating alleged violations of statutes or	548
administrative rules. An agency or board that receives the	549
information shall comply with the same requirements regarding	550
confidentiality as those with which the state medical board must	551
comply, notwithstanding any conflicting provision of the Revised	552
Code or procedure of the agency or board that applies when it is	553
dealing with other information in its possession. In a judicial	554
proceeding, the information may be admitted into evidence only in	555
accordance with the Rules of Evidence, but the court shall require	556
that appropriate measures are taken to ensure that confidentiality	557
is maintained with respect to any part of the information that	558
contains names or other identifying information about patients or	559
complainants whose confidentiality was protected by the state	560
medical board when the information was in the board's possession.	561
Measures to ensure confidentiality that may be taken by the court	562
include sealing its records or deleting specific information from	563
its records.	564

(6) On a quarterly basis, the board shall prepare a report	565
that documents the disposition of all cases during the preceding	566
three months. The report shall contain the following information	567
for each case with which the board has completed its activities:	568

(a) The case number assigned to the complaint or alleged	569
violation;	570

(b) The type of certificate to practice, if any, held by the	571
individual against whom the complaint is directed;	572

(c) A description of the allegations contained in the	573
complaint;	574

(d) The disposition of the case.

575

The report shall state how many cases are still pending and	576
shall be prepared in a manner that protects the identity of each	577
person involved in each case. The report shall be a public record	578
under section 149.43 of the Revised Code.	579

(G) If the secretary and supervising member determine both of	580
the following, they may recommend that the board suspend an	581
individual's certificate to practice without a prior hearing:	582

(1) That there is clear and convincing evidence that an	583
individual has violated division (B) of this section;	584

(2) That the individual's continued practice presents a	585
danger of immediate and serious harm to the public.	586

Written allegations shall be prepared for consideration by	587
the board. The board, upon review of those allegations and by an	588
affirmative vote of not fewer than six of its members, excluding	589
the secretary and supervising member, may suspend a certificate	590
without a prior hearing. A telephone conference call may be	591
utilized for reviewing the allegations and taking the vote on the	592
summary suspension.	593

The board shall issue a written order of suspension by	594
certified mail or in person in accordance with section 119.07 of	595
the Revised Code. The order shall not be subject to suspension by	596
the court during pendency of any appeal filed under section 119.12	597
of the Revised Code. If the individual subject to the summary	598
suspension requests an adjudicatory hearing by the board, the date	599
set for the hearing shall be within fifteen days, but not earlier	600
than seven days, after the individual requests the hearing, unless	601
otherwise agreed to by both the board and the individual.	602

Any summary suspension imposed under this division shall	603
remain in effect, unless reversed on appeal, until a final	604
adjudicative order issued by the board pursuant to this section	605
and Chapter 119. of the Revised Code becomes effective. The board	606
shall issue its final adjudicative order within seventy-five days	607
after completion of its hearing. A failure to issue the order	608
within seventy-five days shall result in dissolution of the	609
summary suspension order but shall not invalidate any subsequent,	610
final adjudicative order.	611

(H) If the board takes action under division (B)(9), (11), or	612
(13) of this section and the judicial finding of guilt, guilty	613
plea, or judicial finding of eligibility for intervention in lieu	614
of conviction is overturned on appeal, upon exhaustion of the	615
criminal appeal, a petition for reconsideration of the order may	616
be filed with the board along with appropriate court documents.	617
Upon receipt of a petition of that nature and supporting court	618
documents, the board shall reinstate the individual's certificate	619
to practice. The board may then hold an adjudication under Chapter	620
119. of the Revised Code to determine whether the individual	621
committed the act in question. Notice of an opportunity for a	622
hearing shall be given in accordance with Chapter 119. of the	623
Revised Code. If the board finds, pursuant to an adjudication held	624
under this division, that the individual committed the act or if	625
no hearing is requested, the board may order any of the sanctions	626
identified under division (B) of this section.	627

(I) The certificate to practice issued to an individual under	628
this chapter and the individual's practice in this state are	629
automatically suspended as of the date of the individual's second	630
or subsequent plea of guilty to, or judicial finding of guilt of,	631
a violation of section 2919.123 of the Revised Code, or the date	632
the individual pleads guilty to, is found by a judge or jury to be	633
guilty of, or is subject to a judicial finding of eligibility for	634
intervention in lieu of conviction in this state or treatment or	635
intervention in lieu of conviction in another jurisdiction for any	636
of the following criminal offenses in this state or a	637
substantially equivalent criminal offense in another jurisdiction:	638
aggravated murder, murder, voluntary manslaughter, felonious	639
assault, kidnapping, rape, sexual battery, gross sexual	640
imposition, aggravated arson, aggravated robbery, or aggravated	641
burglary. Continued practice after suspension shall be considered	642
practicing without a certificate.	643

The board shall notify the individual subject to the	644
suspension by certified mail or in person in accordance with	645
section 119.07 of the Revised Code. If an individual whose	646
certificate is automatically suspended under this division fails	647
to make a timely request for an adjudication under Chapter 119. of	648
the Revised Code, the board shall do whichever of the following is	649
applicable:	650

(1) If the automatic suspension under this division is for a	651
second or subsequent plea of guilty to, or judicial finding of	652
guilt of, a violation of section 2919.123 of the Revised Code, the	653
board shall enter an order suspending the individual's certificate	654
to practice for a period of at least one year or, if determined	655
appropriate by the board, imposing a more serious sanction	656
involving the individual's certificate to practice.	657

(2) In all circumstances in which division (I)(1) of this	658
section does not apply, enter a final order permanently revoking	659
the individual's certificate to practice.	660

(J) If the board is required by Chapter 119. of the Revised	661
Code to give notice of an opportunity for a hearing and if the	662
individual subject to the notice does not timely request a hearing	663
in accordance with section 119.07 of the Revised Code, the board	664
is not required to hold a hearing, but may adopt, by an	665
affirmative vote of not fewer than six of its members, a final	666
order that contains the board's findings. In that final order, the	667
board may order any of the sanctions identified under division (A)	668
or (B) of this section.	669

(K) Any action taken by the board under division (B) of this	670
section resulting in a suspension from practice shall be	671
accompanied by a written statement of the conditions under which	672
the individual's certificate to practice may be reinstated. The	673
board shall adopt rules governing conditions to be imposed for	674
reinstatement. Reinstatement of a certificate suspended pursuant	675
to division (B) of this section requires an affirmative vote of	676
not fewer than six members of the board.	677

(L) When the board refuses to grant a certificate to an	678
applicant, revokes an individual's certificate to practice,	679
refuses to register an applicant, or refuses to reinstate an	680
individual's certificate to practice, the board may specify that	681
its action is permanent. An individual subject to a permanent	682
action taken by the board is forever thereafter ineligible to hold	683
a certificate to practice and the board shall not accept an	684
application for reinstatement of the certificate or for issuance	685
of a new certificate.	686

(M) Notwithstanding any other provision of the Revised Code,	687
all of the following apply:	688

(1) The surrender of a certificate issued under this chapter	689
shall not be effective unless or until accepted by the board. A	690
telephone conference call may be utilized for acceptance of the	691
surrender of an individual's certificate to practice. The	692
telephone conference call shall be considered a special meeting	693
under division (F) of section 121.22 of the Revised Code.	694
Reinstatement of a certificate surrendered to the board requires	695
an affirmative vote of not fewer than six members of the board.	696

(2) An application for a certificate made under the	697
provisions of this chapter may not be withdrawn without approval	698
of the board.	699

(3) Failure by an individual to renew a certificate of	700
registration in accordance with this chapter shall not remove or	701
limit the board's jurisdiction to take any disciplinary action	702
under this section against the individual.	703

(N) Sanctions shall not be imposed under division (B)(28) of	704
this section against any person who waives deductibles and	705
copayments as follows:	706

(1) In compliance with the health benefit plan that expressly	707
allows such a practice. Waiver of the deductibles or copayments	708
shall be made only with the full knowledge and consent of the plan	709
purchaser, payer, and third-party administrator. Documentation of	710
the consent shall be made available to the board upon request.	711

(2) For professional services rendered to any other person	712
authorized to practice pursuant to this chapter, to the extent	713
allowed by this chapter and rules adopted by the board.	714

(O) Under the board's investigative duties described in this	715
section and subject to division (F) of this section, the board	716
shall develop and implement a quality intervention program	717
designed to improve through remedial education the clinical and	718
communication skills of individuals authorized under this chapter	719
to practice medicine and surgery, osteopathic medicine and	720
surgery, and podiatric medicine and surgery. In developing and	721
implementing the quality intervention program, the board may do	722
all of the following:	723

(1) Offer in appropriate cases as determined by the board an	724
educational and assessment program pursuant to an investigation	725
the board conducts under this section;	726

(2) Select providers of educational and assessment services,	727
including a quality intervention program panel of case reviewers;	728

(3) Make referrals to educational and assessment service	729
providers and approve individual educational programs recommended	730
by those providers. The board shall monitor the progress of each	731
individual undertaking a recommended individual educational	732
program.	733

(4) Determine what constitutes successful completion of an	734
individual educational program and require further monitoring of	735
the individual who completed the program or other action that the	736
board determines to be appropriate;	737

(5) Adopt rules in accordance with Chapter 119. of the	738
Revised Code to further implement the quality intervention	739
program.	740

An individual who participates in an individual educational	741
program pursuant to this division shall pay the financial	742
obligations arising from that educational program.	743

Sec. 4731.222. Before restoring to good standing(A) This	744
section applies to both of the following:	745

(1) An applicant seeking restoration of a certificate issued	746
under this chapter that has been in a suspended or inactive state	747
for any cause for more than two years, or before issuing;	748

(2) An applicant seeking issuance of a certificate pursuant	749
to section 4731.29, 4731.295, 4731.57, or 4731.571 of the Revised	750
Code to an applicant who for more than two years has not been	751
engaged in the practice of medicine and surgery, osteopathic	752
medicine and surgery, podiatric medicine and surgery, or a limited	753
branch of medicine as anany of the following:	754

(a) An active practitioner, as a;

755

(b) A participant in a program of graduate medical education,	756
as defined in section 4731.091 of the Revised Code, as a;	757

(c) A student in a college of podiatry determined by the	758
state medical board to be in good standing, or as a;	759

(d) A student in a school, college, or institution giving	760
instruction in a limited branch of medicine determined by the	761
board to be in good standing under section 4731.194731.16 of the	762
Revised Code, the state medical board may require the applicant to	763
pass an oral or written examination, or both, to determine the	764
applicant's present fitness to resume practice.	765

The authority of(B) Before restoring a certificate to good	766
standing for or issuing a certificate to an applicant subject to	767
this section, the state medical board tomay impose terms and	768
conditions includesincluding the following:	769

(A)(1) Requiring the applicant to pass an oral or written	770
examination, or both, to determine the applicant's present fitness	771
to resume practice;	772

(2) Requiring the applicant to obtain additional training and	773
to pass an examination upon completion of such training;	774

(B)(3) Restricting or limiting the extent, scope, or type of	775
practice of the applicant.	776

The board shall consider the moral background and the	777
activities of the applicant during the period of suspension or	778
inactivity, in accordance with section 4731.08 of the Revised	779
Code. The board shall not restore a certificate under this section	780
unless the applicant complies with sections 4776.01 to 4776.04 of	781
the Revised Code.	782

Sec. 4731.224.  (A) Within sixty days after the imposition of	783
any formal disciplinary action taken by any health care facility,	784
including a hospital, health care facility operated by a health	785
insuring corporation, ambulatory surgical center, or similar	786
facility, against any individual holding a valid certificate to	787
practice issued pursuant to this chapter, the chief administrator	788
or executive officer of the facility shall report to the state	789
medical board the name of the individual, the action taken by the	790
facility, and a summary of the underlying facts leading to the	791
action taken. Upon request, the board shall be provided certified	792
copies of the patient records that were the basis for the	793
facility's action. Prior to release to the board, the summary	794
shall be approved by the peer review committee that reviewed the	795
case or by the governing board of the facility. As used in this	796
division, "formal disciplinary action" means any action resulting	797
in the revocation, restriction, reduction, or termination of	798
clinical privileges for violations of professional ethics, or for	799
reasons of medical incompetence, medical malpractice, or drug or	800
alcohol abuse. "Formal disciplinary action" includes a summary	801
action, an action that takes effect notwithstanding any appeal	802
rights that may exist, and an action that results in an individual	803
surrendering clinical privileges while under investigation and	804
during proceedings regarding the action being taken or in return	805
for not being investigated or having proceedings held. "Formal	806
disciplinary action" does not include any action taken for the	807
sole reason of failure to maintain records on a timely basis or	808
failure to attend staff or section meetings.	809

The filing or nonfiling of a report with the board,	810
investigation by the board, or any disciplinary action taken by	811
the board, shall not preclude any action by a health care facility	812
to suspend, restrict, or revoke the individual's clinical	813
privileges.	814

In the absence of fraud or bad faith, no individual or entity	815
that provides patient records to the board shall be liable in	816
damages to any person as a result of providing the records.	817

(B) If any individual authorized to practice under this	818
chapter or any professional association or society of such	819
individuals believes that a violation of any provision of this	820
chapter, Chapter 4730., 4760., 4762., or 4774., or 4778. of the	821
Revised Code, or any rule of the board has occurred, the	822
individual, association, or society shall report to the board the	823
information upon which the belief is based. This division does not	824
require any treatment provider approved by the board under section	825
4731.25 of the Revised Code or any employee, agent, or	826
representative of such a provider to make reports with respect to	827
an impaired practitioner participating in treatment or aftercare	828
for substance abuse as long as the practitioner maintains	829
participation in accordance with the requirements of section	830
4731.25 of the Revised Code, and as long as the treatment provider	831
or employee, agent, or representative of the provider has no	832
reason to believe that the practitioner has violated any provision	833
of this chapter or any rule adopted under it, other than the	834
provisions of division (B)(26) of section 4731.22 of the Revised	835
Code. This division does not require reporting by any member of an	836
impaired practitioner committee established by a health care	837
facility or by any representative or agent of a committee or	838
program sponsored by a professional association or society of	839
individuals authorized to practice under this chapter to provide	840
peer assistance to practitioners with substance abuse problems	841
with respect to a practitioner who has been referred for	842
examination to a treatment program approved by the board under	843
section 4731.25 of the Revised Code if the practitioner cooperates	844
with the referral for examination and with any determination that	845
the practitioner should enter treatment and as long as the	846
committee member, representative, or agent has no reason to	847
believe that the practitioner has ceased to participate in the	848
treatment program in accordance with section 4731.25 of the	849
Revised Code or has violated any provision of this chapter or any	850
rule adopted under it, other than the provisions of division	851
(B)(26) of section 4731.22 of the Revised Code.	852

(C) Any professional association or society composed	853
primarily of doctors of medicine and surgery, doctors of	854
osteopathic medicine and surgery, doctors of podiatric medicine	855
and surgery, or practitioners of limited branches of medicine that	856
suspends or revokes an individual's membership for violations of	857
professional ethics, or for reasons of professional incompetence	858
or professional malpractice, within sixty days after a final	859
decision shall report to the board, on forms prescribed and	860
provided by the board, the name of the individual, the action	861
taken by the professional organization, and a summary of the	862
underlying facts leading to the action taken.	863

The filing of a report with the board or decision not to file	864
a report, investigation by the board, or any disciplinary action	865
taken by the board, does not preclude a professional organization	866
from taking disciplinary action against an individual.	867

(D) Any insurer providing professional liability insurance to	868
an individual authorized to practice under this chapter, or any	869
other entity that seeks to indemnify the professional liability of	870
such an individual, shall notify the board within thirty days	871
after the final disposition of any written claim for damages where	872
such disposition results in a payment exceeding twenty-five	873
thousand dollars. The notice shall contain the following	874
information:	875

(1) The name and address of the person submitting the	876
notification;	877

(2) The name and address of the insured who is the subject of	878
the claim;	879

(3) The name of the person filing the written claim;

880

(4) The date of final disposition;

881

(5) If applicable, the identity of the court in which the	882
final disposition of the claim took place.	883

(E) The board may investigate possible violations of this	884
chapter or the rules adopted under it that are brought to its	885
attention as a result of the reporting requirements of this	886
section, except that the board shall conduct an investigation if a	887
possible violation involves repeated malpractice. As used in this	888
division, "repeated malpractice" means three or more claims for	889
medical malpractice within the previous five-year period, each	890
resulting in a judgment or settlement in excess of twenty-five	891
thousand dollars in favor of the claimant, and each involving	892
negligent conduct by the practicing individual.	893

(F) All summaries, reports, and records received and	894
maintained by the board pursuant to this section shall be held in	895
confidence and shall not be subject to discovery or introduction	896
in evidence in any federal or state civil action involving a	897
health care professional or facility arising out of matters that	898
are the subject of the reporting required by this section. The	899
board may use the information obtained only as the basis for an	900
investigation, as evidence in a disciplinary hearing against an	901
individual whose practice is regulated under this chapter, or in	902
any subsequent trial or appeal of a board action or order.	903

The board may disclose the summaries and reports it receives	904
under this section only to health care facility committees within	905
or outside this state that are involved in credentialing or	906
recredentialing the individual or in reviewing the individual's	907
clinical privileges. The board shall indicate whether or not the	908
information has been verified. Information transmitted by the	909
board shall be subject to the same confidentiality provisions as	910
when maintained by the board.	911

(G) Except for reports filed by an individual pursuant to	912
division (B) of this section, the board shall send a copy of any	913
reports or summaries it receives pursuant to this section to the	914
individual who is the subject of the reports or summaries. The	915
individual shall have the right to file a statement with the board	916
concerning the correctness or relevance of the information. The	917
statement shall at all times accompany that part of the record in	918
contention.	919

(H) An individual or entity that, pursuant to this section,	920
reports to the board or refers an impaired practitioner to a	921
treatment provider approved by the board under section 4731.25 of	922
the Revised Code shall not be subject to suit for civil damages as	923
a result of the report, referral, or provision of the information.	924

(I) In the absence of fraud or bad faith, no professional	925
association or society of individuals authorized to practice under	926
this chapter that sponsors a committee or program to provide peer	927
assistance to practitioners with substance abuse problems, no	928
representative or agent of such a committee or program, and no	929
member of the state medical board shall be held liable in damages	930
to any person by reason of actions taken to refer a practitioner	931
to a treatment provider approved under section 4731.25 of the	932
Revised Code for examination or treatment.	933

Sec. 4731.24.  Except as provided in sections 4731.281 and	934
4731.40 of the Revised Code, all receipts of the state medical	935
board, from any source, shall be deposited in the state treasury.	936
Until July 1, 1998, the funds shall be deposited to the credit of	937
the occupational licensing and regulatory fund. On and after July	938
1, 1998, the funds shall be deposited to the credit of the state	939
medical board operating fund, which is hereby created on July 1,	940
1998. All funds deposited into the state treasury under this	941
section shall be used solely for the administration and	942
enforcement of this chapter and Chapters 4730., 4760., 4762., and	943
4774., and 4778. of the Revised Code by the board.	944

Sec. 4731.25.  The state medical board, in accordance with	945
Chapter 119. of the Revised Code, shall adopt and may amend and	946
rescind rules establishing standards for approval of physicians	947
and facilities as treatment providers for impaired practitioners	948
who are regulated under this chapter or Chapter 4730., 4760.,	949
4762., or 4774., or 4778. of the Revised Code. The rules shall	950
include standards for both inpatient and outpatient treatment. The	951
rules shall provide that in order to be approved, a treatment	952
provider must have the capability of making an initial examination	953
to determine what type of treatment an impaired practitioner	954
requires. Subject to the rules, the board shall review and approve	955
treatment providers on a regular basis. The board, at its	956
discretion, may withdraw or deny approval subject to the rules.	957

An approved impaired practitioner treatment provider shall:

958

(A) Report to the board the name of any practitioner	959
suffering or showing evidence of suffering impairment as described	960
in division (B)(5) of section 4730.25 of the Revised Code,	961
division (B)(26) of section 4731.22 of the Revised Code, division	962
(B)(6) of section 4760.13 of the Revised Code, division (B)(6) of	963
section 4762.13 of the Revised Code, or division (B)(6) of section	964
4774.13 of the Revised Code, or division (B)(6) of section 4778.14	965
of the Revised Code who fails to comply within one week with a	966
referral for examination;	967

(B) Report to the board the name of any impaired practitioner	968
who fails to enter treatment within forty-eight hours following	969
the provider's determination that the practitioner needs	970
treatment;	971

(C) Require every practitioner who enters treatment to agree	972
to a treatment contract establishing the terms of treatment and	973
aftercare, including any required supervision or restrictions of	974
practice during treatment or aftercare;	975

(D) Require a practitioner to suspend practice upon entry	976
into any required inpatient treatment;	977

(E) Report to the board any failure by an impaired	978
practitioner to comply with the terms of the treatment contract	979
during inpatient or outpatient treatment or aftercare;	980

(F) Report to the board the resumption of practice of any	981
impaired practitioner before the treatment provider has made a	982
clear determination that the practitioner is capable of practicing	983
according to acceptable and prevailing standards of care;	984

(G) Require a practitioner who resumes practice after	985
completion of treatment to comply with an aftercare contract that	986
meets the requirements of rules adopted by the board for approval	987
of treatment providers;	988

(H) Report the identity of any practitioner practicing under	989
the terms of an aftercare contract to hospital administrators,	990
medical chiefs of staff, and chairpersons of impaired practitioner	991
committees of all health care institutions at which the	992
practitioner holds clinical privileges or otherwise practices. If	993
the practitioner does not hold clinical privileges at any health	994
care institution, the treatment provider shall report the	995
practitioner's identity to the impaired practitioner committee of	996
the county medical society, osteopathic academy, or podiatric	997
medical association in every county in which the practitioner	998
practices. If there are no impaired practitioner committees in the	999
county, the treatment provider shall report the practitioner's	1000
identity to the president or other designated member of the county	1001
medical society, osteopathic academy, or podiatric medical	1002
association.	1003

(I) Report to the board the identity of any practitioner who	1004
suffers a relapse at any time during or following aftercare.	1005

Any individual authorized to practice under this chapter who	1006
enters into treatment by an approved treatment provider shall be	1007
deemed to have waived any confidentiality requirements that would	1008
otherwise prevent the treatment provider from making reports	1009
required under this section.	1010

In the absence of fraud or bad faith, no person or	1011
organization that conducts an approved impaired practitioner	1012
treatment program, no member of such an organization, and no	1013
employee, representative, or agent of the treatment provider shall	1014
be held liable in damages to any person by reason of actions taken	1015
or recommendations made by the treatment provider or its	1016
employees, representatives, or agents.	1017

Sec. 4778.01.  As used in this chapter:

1018

(A) "American board of genetic counseling" means the	1019
organization known by that name, its successor organization, or an	1020
equivalent organization recognized by the state medical board.	1021

(B) "American board of medical genetics" means the	1022
organization known by that name, its successor organization, or an	1023
equivalent organization recognized by the state medical board.	1024

(C) "Certified genetic counselor" means either of the	1025
following:	1026

(1) An individual who possesses the certified genetic	1027
counselor credential from the American board of genetic	1028
counseling;	1029

(2) An individual who is a diplomate of the American board of	1030
medical genetics.	1031

(D) "Collaborating physician" means a physician who has	1032
entered into a collaborative agreement with a genetic counselor	1033
under division (B) of section 4778.11 of the Revised Code.	1034

(E) "Collaborative agreement" means the document that is	1035
established under division (B) of section 4778.11 of the Revised	1036
Code by a genetic counselor and the genetic counselor's	1037
collaborating physician.	1038

(F) "Genetic counselor" means an individual who engages in	1039
any of the activities authorized under section 4778.11 of the	1040
Revised Code.	1041

(G) "National society of genetic counselors" means the	1042
organization known by that name, its successor organization, or an	1043
equivalent organization recognized by the state medical board.	1044

(H) "Physician" means an individual authorized under Chapter	1045
4731. of the Revised Code to practice medicine and surgery or	1046
osteopathic medicine and surgery.	1047

Sec. 4778.02.  (A)(1) Except as provided in division (B) of	1048
this section, no person shall practice as a genetic counselor	1049
unless the person holds a current, valid license to practice as a	1050
genetic counselor issued under this chapter.	1051

(2) No person shall use the title "genetic counselor," or	1052
otherwise hold the person out as a genetic counselor, unless the	1053
person holds a current, valid license to practice as a genetic	1054
counselor issued under this chapter.	1055

(B) Division (A)(1) of this section does not apply to either	1056
of the following:	1057

(1) A student performing an activity as part of a genetic	1058
counseling graduate program described in division (B)(2) of	1059
section 4778.03 of the Revised Code;	1060

(2) A person who is authorized pursuant to another provision	1061
of the Revised Code to perform any of the activities that a	1062
genetic counselor is authorized to perform.	1063

Sec. 4778.03.  (A) An individual seeking a license to	1064
practice as a genetic counselor shall file with the state medical	1065
board an application in a manner prescribed by the board. The	1066
application shall include all the information the board considers	1067
necessary to process the application, including evidence	1068
satisfactory to the board that the applicant meets the	1069
requirements specified in division (B) of this section.	1070

At the time an application is submitted, the applicant shall	1071
pay the board an application fee of two hundred dollars. No part	1072
of the fee shall be returned to the applicant or transferred for	1073
purposes of another application.	1074

(B) To be eligible to receive a license to practice as a	1075
genetic counselor, an applicant shall demonstrate to the board	1076
that the applicant meets all of the following requirements:	1077

(1) Is at least eighteen years of age and of good moral	1078
character;	1079

(2) Has attained a master's degree or higher degree from a	1080
genetic counseling graduate program accredited by the American	1081
board of genetic counseling, inc.;	1082

(3) Is a certified genetic counselor;

1083

(4) Has satisfied any other requirements established by the	1084
board in rules adopted under section 4778.12 of the Revised Code.	1085

(C) The board shall review all applications received under	1086
this section. Not later than sixty days after receiving an	1087
application it considers complete, the board shall determine	1088
whether the applicant meets the requirements for a license to	1089
practice as a genetic counselor. The affirmative vote of not fewer	1090
than six members of the board is required to determine that the	1091
applicant meets the requirements for the license.	1092

Sec. 4778.04.  In addition to any other eligibility	1093
requirement set forth in this chapter, each applicant for a	1094
license to practice as a genetic counselor shall comply with	1095
sections 4776.01 to 4776.04 of the Revised Code. The state medical	1096
board shall not grant to an applicant a license to practice as a	1097
genetic counselor unless the board, in its discretion, decides	1098
that the results of the criminal records check do not make the	1099
applicant ineligible for a license issued pursuant to section	1100
4778.05 of the Revised Code.	1101

Sec. 4778.05.  If the state medical board determines under	1102
section 4778.03 of the Revised Code that an applicant meets the	1103
requirements for a license to practice as a genetic counselor, the	1104
secretary of the board shall issue the license to the applicant.	1105
The license shall expire biennially and may be renewed in	1106
accordance with section 4778.06 of the Revised Code.	1107

Sec. 4778.06. (A) An individual seeking to renew a license to	1108
practice as a genetic counselor shall, on or before the	1109
thirty-first day of January of each even-numbered year, apply for	1110
renewal of the license. The state medical board shall send renewal	1111
notices at least one month prior to the expiration date.	1112

Renewal applications shall be submitted to the board in a	1113
manner prescribed by the board. Each application shall be	1114
accompanied by a biennial renewal fee of one hundred fifty	1115
dollars.	1116

The applicant shall report any criminal offense to which the	1117
applicant has pleaded guilty, of which the applicant has been	1118
found guilty, or for which the applicant has been found eligible	1119
for intervention in lieu of conviction, since last signing an	1120
application for a license to practice as a genetic counselor.	1121

(B) To be eligible for renewal, a genetic counselor shall	1122
certify to the board that the counselor has done both of the	1123
following:	1124

(1) Maintained the counselor's status as a certified genetic	1125
counselor;	1126

(2) Completed at least thirty hours of continuing education	1127
in genetic counseling that has been approved by the national	1128
society of genetic counselors or American board of genetic	1129
counseling.	1130

(C) If an applicant submits a renewal application that the	1131
board considers to be complete and qualifies for renewal pursuant	1132
to division (B) of this section, the board shall issue to the	1133
applicant a renewed license to practice as a genetic counselor.	1134

(D) The board may require a random sample of genetic	1135
counselors to submit materials documenting that their status as	1136
certified genetic counselors has been maintained and that the	1137
number of hours of continuing education required under division	1138
(B)(2) of this section has been completed.	1139

If a genetic counselor certifies that the genetic counselor	1140
has completed the number of hours and type of continuing education	1141
required for renewal of a license, and the board finds through the	1142
random sample or any other means that the genetic counselor did	1143
not complete the requisite continuing education, the board may	1144
impose a civil penalty of not more than five thousand dollars. The	1145
board's finding shall be made pursuant to an adjudication under	1146
Chapter 119. of the Revised Code and by an affirmative vote of not	1147
fewer than six members. A civil penalty imposed under this	1148
division may be in addition to or in lieu of any other action the	1149
board may take under section 4778.14 of the Revised Code.	1150

Sec. 4778.07. (A) A license to practice as a genetic	1151
counselor issued under section 4778.05 of the Revised Code that is	1152
not renewed on or before its expiration date is automatically	1153
suspended on its expiration date. Continued practice after	1154
suspension shall be considered as practicing in violation of	1155
section 4778.02 of the Revised Code.	1156

(B) If a license has been suspended pursuant to this section	1157
for two years or less, the board shall reinstate the license upon	1158
an applicant's submission of a complete renewal application, the	1159
biennial renewal fee, and a monetary penalty of twenty-five	1160
dollars.	1161

(C)(1) If a license has been suspended pursuant to this	1162
section for more than two years, it may be restored upon an	1163
applicant's submission of a complete restoration application, the	1164
biennial renewal fee, and a monetary penalty of fifty dollars and	1165
compliance with sections 4776.01 to 4776.04 of the Revised Code.	1166
The board shall not restore a license unless the board, in its	1167
discretion, decides that the results of the criminal records check	1168
do not make the applicant ineligible for a license issued pursuant	1169
to section 4778.05 of the Revised Code.	1170

(2) The board may impose terms and conditions for the	1171
restoration, including the following:	1172

(a) Requiring the applicant to pass an oral or written	1173
examination, or both, to determine the applicant's present fitness	1174
to resume practice;	1175

(b) Requiring the applicant to obtain additional training and	1176
to pass an examination upon completion of such training;	1177

(c) Restricting or limiting the extent, scope, or type of	1178
practice of the applicant.	1179

Sec. 4778.08.  (A) The state medical board may issue to an	1180
applicant under section 4778.03 of the Revised Code a license to	1181
practice as a genetic counselor, designated as a supervised	1182
practice license, if both of the following apply:	1183

(1) The applicant meets the requirements specified in section	1184
4778.03 of the Revised Code other than being a certified genetic	1185
counselor;	1186

(2) The applicant is in active candidate status with the	1187
American board of genetic counseling.	1188

(B) A supervised practice license authorizes the holder to	1189
engage in the activities authorized by section 4778.11 of the	1190
Revised Code while the holder is under the general supervision of	1191
a genetic counselor licensed under section 4778.05 of the Revised	1192
Code or a physician. General supervision does not require the	1193
supervising licensed genetic counselor or physician to be present	1194
while the holder engages in such activities, but does require the	1195
licensed genetic counselor or physician to have professional	1196
responsibility for the holder and be readily accessible to the	1197
holder for professional consultation and assistance.	1198

A supervised practice license is valid from the date of	1199
issuance until the earlier of one year from that date or the date	1200
a license is issued under section 4778.05 of the Revised Code. A	1201
supervised practice license may not be renewed.	1202

Sec. 4778.09. (A) The state medical board may issue a license	1203
to practice as a genetic counselor, designated as a special	1204
activity license, to an individual from another state seeking to	1205
practice in this state genetic counseling associated with a rare	1206
disease.	1207

(B) An applicant for a special activity license shall submit	1208
to the board all of the following information:	1209

(1) Evidence that the applicant holds a current, unrestricted	1210
license to practice genetic counseling issued by another state or,	1211
if the applicant practices genetic counseling in another state	1212
that does not license genetic counselors, evidence that the	1213
applicant is a certified genetic counselor;	1214

(2) Evidence that the applicant has actively practiced	1215
genetic counseling within the two-year period immediately	1216
preceding application;	1217

(3) The name of the applicant's sponsoring institution or	1218
organization, a statement of need for genetic counseling from the	1219
sponsoring institution or organization, and the name of the rare	1220
disease for which the applicant will be practicing genetic	1221
counseling in this state.	1222

(C) At the time an application is submitted, the applicant	1223
shall pay a fee of twenty-five dollars. No part of the fee shall	1224
be returned to the applicant or transferred for purposes of	1225
another application.	1226

(D) A special activity license is valid for the shorter of	1227
thirty days or the duration of the genetic counseling associated	1228
with the rare disease for which the license was issued. The	1229
license may not be renewed.	1230

(E) The holder of a special activity license may practice	1231
genetic counseling only to the extent that it is associated with	1232
the rare disease for which the license was issued. The license	1233
holder shall not bill a patient or any third party payer for	1234
genetic counseling provided in this state.	1235

(F) The board may revoke a special activity license on	1236
receiving proof satisfactory to the board that the holder of the	1237
license has engaged in practice in this state outside the scope of	1238
the license or that there are grounds for action against the	1239
license holder under section 4778.14 of the Revised Code.	1240

Sec. 4778.10.  On application by the holder of a license to	1241
practice as a genetic counselor, the state medical board shall	1242
issue a duplicate license to replace one that is missing or	1243
damaged, to reflect a name change, or for any other reasonable	1244
cause. The fee for a duplicate license is thirty-five dollars.	1245

Sec. 4778.11. (A) An individual who holds a valid license to	1246
practice as a genetic counselor may engage in all of the following	1247
activities:	1248

(1) Obtain and evaluate the medical histories of a patient	1249
and the patient's family members to determine the risk for genetic	1250
or medical conditions and diseases in the patient, the patient's	1251
offspring, or the patient's family members;	1252

(2) Discuss with a patient and the patient's family the	1253
features, natural history, means of diagnosis, genetic and	1254
environmental factors, and management of risk for genetic or	1255
medical conditions and diseases;	1256

(3) Identify and coordinate genetic laboratory tests and	1257
other diagnostic studies as appropriate for genetic assessment;	1258

(4) Integrate the results of genetic laboratory tests and	1259
other diagnostic tests with individual and family medical	1260
histories;	1261

(5) Explain to a patient and the patient's family the	1262
clinical implications of the results of genetic laboratory tests	1263
and other diagnostic tests;	1264

(6) Evaluate the response of a patient or the patient's	1265
family members to one or more genetic conditions or the risk of	1266
reoccurrence and provide patient-centered counseling and guidance;	1267

(7) Identify and use community resources that provide	1268
medical, educational, financial, and psychosocial support and	1269
advocacy;	1270

(8) Provide medical, genetic, and counseling information to	1271
patients, their families, and other health care professionals;	1272

(9) Pursuant to a collaborative agreement, perform the	1273
activities specified in division (B) of this section.	1274

(B) A genetic counselor may enter into a collaborative	1275
agreement with a physician who agrees to work with and provide	1276
medical support to the genetic counselor. The agreement shall be	1277
established as a written, formal document that memorializes the	1278
relationship between the genetic counselor and the physician and	1279
establishes the criteria governing the genetic counselor's	1280
performance of both of the following:	1281

(1) Order genetic or other tests for the purpose of	1282
diagnosing a medical condition or inherited disorder or	1283
determining the carrier status of one or more of the patient's	1284
family members;	1285

(2) Select the most appropriate, accurate, and cost-effective	1286
methods of diagnosis.	1287

Sec. 4778.12.  The state medical board shall adopt rules in	1288
accordance with Chapter 119. of the Revised Code to implement and	1289
administer this chapter. The rules shall include the following:	1290

(A) Any standards and procedures not addressed in this	1291
chapter that the board considers necessary for issuing and	1292
renewing licenses under this chapter;	1293

(B) Any standards and procedures the board considers	1294
necessary to govern the practice of genetic counselors, the	1295
collaborative agreements between genetic counselors and	1296
collaborating physicians, and the supervision of genetic	1297
counselors holding supervised practice licenses;	1298

(C) Any other standards and procedures the board considers	1299
necessary for the administration and enforcement of this chapter.	1300

Sec. 4778.14. (A) The state medical board, by an affirmative	1301
vote of not fewer than six members, may revoke or may refuse to	1302
grant a license to practice as a genetic counselor to an	1303
individual found by the board to have committed fraud,	1304
misrepresentation, or deception in applying for or securing the	1305
license.	1306

(B) The board, by an affirmative vote of not fewer than six	1307
members, shall, to the extent permitted by law, limit, revoke, or	1308
suspend an individual's license to practice as a genetic	1309
counselor, refuse to issue a license to an applicant, refuse to	1310
reinstate a license, or reprimand or place on probation the holder	1311
of a license for any of the following reasons:	1312

(1) Permitting the holder's name or license to be used by	1313
another person;	1314

(2) Failure to comply with the requirements of this chapter,	1315
Chapter 4731. of the Revised Code, or any rules adopted by the	1316
board;	1317

(3) Violating or attempting to violate, directly or	1318
indirectly, or assisting in or abetting the violation of, or	1319
conspiring to violate, any provision of this chapter, Chapter	1320
4731. of the Revised Code, or the rules adopted by the board;	1321

(4) A departure from, or failure to conform to, minimal	1322
standards of care of similar practitioners under the same or	1323
similar circumstances whether or not actual injury to the patient	1324
is established;	1325

(5) Inability to practice according to acceptable and	1326
prevailing standards of care by reason of mental illness or	1327
physical illness, including physical deterioration that adversely	1328
affects cognitive, motor, or perceptive skills;	1329

(6) Impairment of ability to practice according to acceptable	1330
and prevailing standards of care because of habitual or excessive	1331
use or abuse of drugs, alcohol, or other substances that impair	1332
ability to practice;	1333

(7) Willfully betraying a professional confidence;

1334

(8) Making a false, fraudulent, deceptive, or misleading	1335
statement in securing or attempting to secure a license to	1336
practice as a genetic counselor.	1337

As used in this division, "false, fraudulent, deceptive, or	1338
misleading statement" means a statement that includes a	1339
misrepresentation of fact, is likely to mislead or deceive because	1340
of a failure to disclose material facts, is intended or is likely	1341
to create false or unjustified expectations of favorable results,	1342
or includes representations or implications that in reasonable	1343
probability will cause an ordinarily prudent person to	1344
misunderstand or be deceived.	1345

(9) The obtaining of, or attempting to obtain, money or a	1346
thing of value by fraudulent misrepresentations in the course of	1347
practice;	1348

(10) A plea of guilty to, a judicial finding of guilt of, or	1349
a judicial finding of eligibility for intervention in lieu of	1350
conviction for, a felony;	1351

(11) Commission of an act that constitutes a felony in this	1352
state, regardless of the jurisdiction in which the act was	1353
committed;	1354

(12) A plea of guilty to, a judicial finding of guilt of, or	1355
a judicial finding of eligibility for intervention in lieu of	1356
conviction for, a misdemeanor committed in the course of practice;	1357

(13) A plea of guilty to, a judicial finding of guilt of, or	1358
a judicial finding of eligibility for intervention in lieu of	1359
conviction for, a misdemeanor involving moral turpitude;	1360

(14) Commission of an act in the course of practice that	1361
constitutes a misdemeanor in this state, regardless of the	1362
jurisdiction in which the act was committed;	1363

(15) Commission of an act involving moral turpitude that	1364
constitutes a misdemeanor in this state, regardless of the	1365
jurisdiction in which the act was committed;	1366

(16) A plea of guilty to, a judicial finding of guilt of, or	1367
a judicial finding of eligibility for intervention in lieu of	1368
conviction for violating any state or federal law regulating the	1369
possession, distribution, or use of any drug, including	1370
trafficking in drugs;	1371

(17) Any of the following actions taken by an agency	1372
responsible for authorizing, certifying, or regulating an	1373
individual to practice a health care occupation or provide health	1374
care services in this state or in another jurisdiction, for any	1375
reason other than the nonpayment of fees: the limitation,	1376
revocation, or suspension of an individual's license to practice;	1377
acceptance of an individual's license surrender; denial of a	1378
license; refusal to renew or reinstate a license; imposition of	1379
probation; or issuance of an order of censure or other reprimand;	1380

(18) Violation of the conditions placed by the board on a	1381
license to practice as a genetic counselor;	1382

(19) Failure to cooperate in an investigation conducted by	1383
the board under section 4778.18 of the Revised Code, including	1384
failure to comply with a subpoena or order issued by the board or	1385
failure to answer truthfully a question presented by the board at	1386
a deposition or in written interrogatories, except that failure to	1387
cooperate with an investigation shall not constitute grounds for	1388
discipline under this section if a court of competent jurisdiction	1389
has issued an order that either quashes a subpoena or permits the	1390
individual to withhold the testimony or evidence in issue;	1391

(20) Failure to maintain the individual's status as a	1392
certified genetic counselor;	1393

(21) Failure to comply with the code of ethics established by	1394
the national society of genetic counselors.	1395

(C) Disciplinary actions taken by the board under divisions	1396
(A) and (B) of this section shall be taken pursuant to an	1397
adjudication under Chapter 119. of the Revised Code, except that	1398
in lieu of an adjudication, the board may enter into a consent	1399
agreement with a genetic counselor or applicant to resolve an	1400
allegation of a violation of this chapter or any rule adopted	1401
under it. A consent agreement, when ratified by an affirmative	1402
vote of not fewer than six members of the board, shall constitute	1403
the findings and order of the board with respect to the matter	1404
addressed in the agreement. If the board refuses to ratify a	1405
consent agreement, the admissions and findings contained in the	1406
consent agreement shall be of no force or effect.	1407

A telephone conference call may be utilized for ratification	1408
of a consent agreement that revokes or suspends an individual's	1409
license. The telephone conference call shall be considered a	1410
special meeting under division (F) of section 121.22 of the	1411
Revised Code.	1412

(D) For purposes of divisions (B)(11), (14), and (15) of this	1413
section, the commission of the act may be established by a finding	1414
by the board, pursuant to an adjudication under Chapter 119. of	1415
the Revised Code, that the applicant or license holder committed	1416
the act in question. The board shall have no jurisdiction under	1417
these divisions in cases where the trial court renders a final	1418
judgment in the license holder's favor and that judgment is based	1419
upon an adjudication on the merits. The board shall have	1420
jurisdiction under these divisions in cases where the trial court	1421
issues an order of dismissal on technical or procedural grounds.	1422

(E) The sealing of conviction records by any court shall have	1423
no effect on a prior board order entered under the provisions of	1424
this section or on the board's jurisdiction to take action under	1425
the provisions of this section if, based upon a plea of guilty, a	1426
judicial finding of guilt, or a judicial finding of eligibility	1427
for intervention in lieu of conviction, the board issued a notice	1428
of opportunity for a hearing or took other formal action under	1429
Chapter 119. of the Revised Code prior to the court's order to	1430
seal the records. The board shall not be required to seal,	1431
destroy, redact, or otherwise modify its records to reflect the	1432
court's sealing of conviction records.	1433

(F) For purposes of this division, any individual who holds a	1434
license to practice as a genetic counselor, or applies for a	1435
license, shall be deemed to have given consent to submit to a	1436
mental or physical examination when directed to do so in writing	1437
by the board and to have waived all objections to the	1438
admissibility of testimony or examination reports that constitute	1439
a privileged communication.	1440

(1) In enforcing division (B)(5) of this section, the board,	1441
on a showing of a possible violation, may compel any individual	1442
who holds a license to practice as a genetic counselor or who has	1443
applied for a license to practice as a genetic counselor to submit	1444
to a mental or physical examination, or both. A physical	1445
examination may include an HIV test. The expense of the	1446
examination is the responsibility of the individual compelled to	1447
be examined. Failure to submit to a mental or physical examination	1448
or consent to an HIV test ordered by the board constitutes an	1449
admission of the allegations against the individual unless the	1450
failure is due to circumstances beyond the individual's control,	1451
and a default and final order may be entered without the taking of	1452
testimony or presentation of evidence. If the board finds a	1453
genetic counselor unable to practice because of the reasons set	1454
forth in division (B)(5) of this section, the board shall require	1455
the genetic counselor to submit to care, counseling, or treatment	1456
by physicians approved or designated by the board, as a condition	1457
for an initial, continued, reinstated, or renewed license to	1458
practice. An individual affected by this division shall be	1459
afforded an opportunity to demonstrate to the board the ability to	1460
resume practicing in compliance with acceptable and prevailing	1461
standards of care.	1462

(2) For purposes of division (B)(6) of this section, if the	1463
board has reason to believe that any individual who holds a	1464
license to practice as a genetic counselor or any applicant for a	1465
license suffers such impairment, the board may compel the	1466
individual to submit to a mental or physical examination, or both.	1467
The expense of the examination is the responsibility of the	1468
individual compelled to be examined. Any mental or physical	1469
examination required under this division shall be undertaken by a	1470
treatment provider or physician qualified to conduct such	1471
examination and chosen by the board.	1472

Failure to submit to a mental or physical examination ordered	1473
by the board constitutes an admission of the allegations against	1474
the individual unless the failure is due to circumstances beyond	1475
the individual's control, and a default and final order may be	1476
entered without the taking of testimony or presentation of	1477
evidence. If the board determines that the individual's ability to	1478
practice is impaired, the board shall suspend the individual's	1479
license or deny the individual's application and shall require the	1480
individual, as a condition for an initial, continued, reinstated,	1481
or renewed license, to submit to treatment.	1482

Before being eligible to apply for reinstatement of a license	1483
suspended under this division, the genetic counselor shall	1484
demonstrate to the board the ability to resume practice in	1485
compliance with acceptable and prevailing standards of care. The	1486
demonstration shall include the following:	1487

(a) Certification from a treatment provider approved under	1488
section 4731.25 of the Revised Code that the individual has	1489
successfully completed any required inpatient treatment;	1490

(b) Evidence of continuing full compliance with an aftercare	1491
contract or consent agreement;	1492

(c) Two written reports indicating that the individual's	1493
ability to practice has been assessed and that the individual has	1494
been found capable of practicing according to acceptable and	1495
prevailing standards of care. The reports shall be made by	1496
individuals or providers approved by the board for making such	1497
assessments and shall describe the basis for their determination.	1498

The board may reinstate a license suspended under this	1499
division after such demonstration and after the individual has	1500
entered into a written consent agreement.	1501

When the impaired genetic counselor resumes practice, the	1502
board shall require continued monitoring of the genetic counselor.	1503
The monitoring shall include monitoring of compliance with the	1504
written consent agreement entered into before reinstatement or	1505
with conditions imposed by board order after a hearing, and, on	1506
termination of the consent agreement, submission to the board for	1507
at least two years of annual written progress reports made under	1508
penalty of falsification stating whether the genetic counselor has	1509
maintained sobriety.	1510

(G) If the secretary and supervising member determine both of	1511
the following, they may recommend that the board suspend an	1512
individual's license to practice without a prior hearing:	1513

(1) That there is clear and convincing evidence that a	1514
genetic counselor has violated division (B) of this section;	1515

(2) That the individual's continued practice presents a	1516
danger of immediate and serious harm to the public.	1517

Written allegations shall be prepared for consideration by	1518
the board. The board, on review of the allegations and by an	1519
affirmative vote of not fewer than six of its members, excluding	1520
the secretary and supervising member, may suspend a license	1521
without a prior hearing. A telephone conference call may be	1522
utilized for reviewing the allegations and taking the vote on the	1523
summary suspension.	1524

The board shall issue a written order of suspension by	1525
certified mail or in person in accordance with section 119.07 of	1526
the Revised Code. The order shall not be subject to suspension by	1527
the court during pendency of any appeal filed under section 119.12	1528
of the Revised Code. If the genetic counselor requests an	1529
adjudicatory hearing by the board, the date set for the hearing	1530
shall be within fifteen days, but not earlier than seven days,	1531
after the genetic counselor requests the hearing, unless otherwise	1532
agreed to by both the board and the genetic counselor.	1533

A summary suspension imposed under this division shall remain	1534
in effect, unless reversed on appeal, until a final adjudicative	1535
order issued by the board pursuant to this section and Chapter	1536
119. of the Revised Code becomes effective. The board shall issue	1537
its final adjudicative order within sixty days after completion of	1538
its hearing. Failure to issue the order within sixty days shall	1539
result in dissolution of the summary suspension order, but shall	1540
not invalidate any subsequent, final adjudicative order.	1541

(H) If the board takes action under division (B)(10), (12),	1542
or (13) of this section, and the judicial finding of guilt, guilty	1543
plea, or judicial finding of eligibility for intervention in lieu	1544
of conviction is overturned on appeal, on exhaustion of the	1545
criminal appeal, a petition for reconsideration of the order may	1546
be filed with the board along with appropriate court documents. On	1547
receipt of a petition and supporting court documents, the board	1548
shall reinstate the license to practice as a genetic counselor.	1549
The board may then hold an adjudication under Chapter 119. of the	1550
Revised Code to determine whether the individual committed the act	1551
in question. Notice of opportunity for hearing shall be given in	1552
accordance with Chapter 119. of the Revised Code. If the board	1553
finds, pursuant to an adjudication held under this division, that	1554
the individual committed the act, or if no hearing is requested,	1555
it may order any of the sanctions specified in division (B) of	1556
this section.	1557

(I) The license to practice as a genetic counselor and the	1558
counselor's practice in this state are automatically suspended as	1559
of the date the genetic counselor pleads guilty to, is found by a	1560
judge or jury to be guilty of, or is subject to a judicial finding	1561
of eligibility for intervention in lieu of conviction in this	1562
state or treatment of intervention in lieu of conviction in	1563
another jurisdiction for any of the following criminal offenses in	1564
this state or a substantially equivalent criminal offense in	1565
another jurisdiction: aggravated murder, murder, voluntary	1566
manslaughter, felonious assault, kidnapping, rape, sexual battery,	1567
gross sexual imposition, aggravated arson, aggravated robbery, or	1568
aggravated burglary. Continued practice after the suspension shall	1569
be considered practicing without a license.	1570

The board shall notify the individual subject to the	1571
suspension by certified mail or in person in accordance with	1572
section 119.07 of the Revised Code. If an individual whose license	1573
is suspended under this division fails to make a timely request	1574
for an adjudication under Chapter 119. of the Revised Code, the	1575
board shall enter a final order permanently revoking the	1576
individual's license to practice.	1577

(J) In any instance in which the board is required by Chapter	1578
119. of the Revised Code to give notice of opportunity for hearing	1579
and the individual subject to the notice does not timely request a	1580
hearing in accordance with section 119.07 of the Revised Code, the	1581
board is not required to hold a hearing, but may adopt, by an	1582
affirmative vote of not fewer than six of its members, a final	1583
order that contains the board's findings. In the final order, the	1584
board may order any of the sanctions identified under division (A)	1585
or (B) of this section.	1586

(K) Any action taken by the board under division (B) of this	1587
section resulting in a suspension shall be accompanied by a	1588
written statement of the conditions under which the license of the	1589
genetic counselor may be reinstated. The board shall adopt rules	1590
in accordance with Chapter 119. of the Revised Code governing	1591
conditions to be imposed for reinstatement. Reinstatement of a	1592
license suspended pursuant to division (B) of this section	1593
requires an affirmative vote of not fewer than six members of the	1594
board.	1595

(L) When the board refuses to grant a license to practice as	1596
a genetic counselor to an applicant, revokes an individual's	1597
license, refuses to renew a license, or refuses to reinstate an	1598
individual's license, the board may specify that its action is	1599
permanent. An individual subject to a permanent action taken by	1600
the board is forever thereafter ineligible to hold a license to	1601
practice as a genetic counselor and the board shall not accept an	1602
application for reinstatement of the license or for issuance of a	1603
new license.	1604

(M) Notwithstanding any other provision of the Revised Code,	1605
all of the following apply:	1606

(1) The surrender of a license to practice as a genetic	1607
counselor is not effective unless or until accepted by the board.	1608
A telephone conference call may be utilized for acceptance of the	1609
surrender of an individual's license. The telephone conference	1610
call shall be considered a special meeting under division (F) of	1611
section 121.22 of the Revised Code. Reinstatement of a license	1612
surrendered to the board requires an affirmative vote of not fewer	1613
than six members of the board.	1614

(2) An application made under this chapter for a license to	1615
practice may not be withdrawn without approval of the board.	1616

(3) Failure by an individual to renew a license in accordance	1617
with section 4778.06 of the Revised Code shall not remove or limit	1618
the board's jurisdiction to take disciplinary action under this	1619
section against the individual.	1620

Sec. 4778.15.  On receipt of a notice pursuant to section	1621
3123.43 of the Revised Code, the state medical board shall comply	1622
with sections 3123.41 to 3123.50 of the Revised Code and any	1623
applicable rules adopted under section 3123.63 of the Revised Code	1624
with respect to a license issued under this chapter.	1625

Sec. 4778.16. If the state medical board has reason to	1626
believe that any person who has been granted a license to practice	1627
as a genetic counselor under this chapter is mentally ill or	1628
mentally incompetent, it may file in the probate court of the	1629
county in which the person has a legal residence an affidavit in	1630
the form prescribed in section 5122.11 of the Revised Code and	1631
signed by the board secretary or a member of the board secretary's	1632
staff, whereupon the same proceedings shall be had as provided in	1633
Chapter 5122. of the Revised Code. The attorney general may	1634
represent the board in any proceeding commenced under this	1635
section.	1636

If any person who has been granted a license to practice is	1637
adjudged by a probate court to be mentally ill or mentally	1638
incompetent, the person's license shall be automatically suspended	1639
until the person has filed with the state medical board a	1640
certified copy of an adjudication by a probate court of the	1641
person's subsequent restoration to competency or has submitted to	1642
the board proof, satisfactory to the board, that the person has	1643
been discharged as having a restoration to competency in the	1644
manner and form provided in section 5122.38 of the Revised Code.	1645
The judge of the probate court shall forthwith notify the state	1646
medical board of an adjudication of mental illness or mental	1647
incompetence, and shall note any suspension of a license in the	1648
margin of the court's record of such license.	1649

Sec. 4778.18.  (A) The state medical board shall investigate	1650
evidence that appears to show that any individual has violated	1651
this chapter or the rules adopted under it. Any person may report	1652
to the board in a signed writing any information the person has	1653
that appears to show a violation of this chapter or rules adopted	1654
under it. In the absence of bad faith, a person who reports such	1655
information or testifies before the board in an adjudication	1656
conducted under Chapter 119. of the Revised Code shall not be	1657
liable for civil damages as a result of reporting the information	1658
or providing testimony. Each complaint or allegation of a	1659
violation received by the board shall be assigned a case number	1660
and be recorded by the board.	1661

(B) Investigations of alleged violations of this chapter or	1662
rules adopted under it shall be supervised by the supervising	1663
member elected by the board in accordance with section 4731.02 of	1664
the Revised Code and by the board's secretary, pursuant to section	1665
4778.20 of the Revised Code. The board's president may designate	1666
another member of the board to supervise the investigation in	1667
place of the supervising member. A member of the board who	1668
supervises the investigation of a case shall not participate in	1669
further adjudication of the case.	1670

(C) In investigating a possible violation of this chapter or	1671
the rules adopted under it, the board may administer oaths, order	1672
the taking of depositions, inspect and copy any books, accounts,	1673
papers, records, or documents, issue subpoenas, and compel the	1674
attendance of witnesses and production of books, accounts, papers,	1675
records, documents, and testimony, except that a subpoena for	1676
patient record information shall not be issued without	1677
consultation with the attorney general's office and approval of	1678
the secretary and supervising member of the board. Before issuance	1679
of a subpoena for patient record information, the secretary and	1680
supervising member shall determine whether there is probable cause	1681
to believe that the complaint filed alleges a violation of this	1682
chapter or the rules adopted under it and that the records sought	1683
are relevant to the alleged violation and material to the	1684
investigation. The subpoena may apply only to records that cover a	1685
reasonable period of time surrounding the alleged violation.	1686

On failure to comply with any subpoena issued by the board	1687
and after reasonable notice to the person being subpoenaed, the	1688
board may move for an order compelling the production of persons	1689
or records pursuant to the Rules of Civil Procedure.	1690

A subpoena issued by the board may be served by a sheriff,	1691
the sheriff's deputy, or a board employee designated by the board.	1692
Service of a subpoena issued by the board may be made by	1693
delivering a copy of the subpoena to the person named therein,	1694
reading it to the person, or leaving it at the person's usual	1695
place of residence. When the person being served is a genetic	1696
counselor, service of the subpoena may be made by certified mail,	1697
restricted delivery, return receipt requested, and the subpoena	1698
shall be deemed served on the date delivery is made or the date	1699
the person refuses to accept delivery.	1700

A sheriff's deputy who serves a subpoena shall receive the	1701
same fees as a sheriff. Each witness who appears before the board	1702
in obedience to a subpoena shall receive the fees and mileage	1703
provided for witnesses in civil cases in the courts of common	1704
pleas.	1705

(D) All hearings and investigations of the board shall be	1706
considered civil actions for the purposes of section 2305.252 of	1707
the Revised Code.	1708

(E) Information received by the board pursuant to an	1709
investigation is confidential and not subject to discovery in any	1710
civil action.	1711

The board shall conduct all investigations and proceedings in	1712
a manner that protects the confidentiality of patients and persons	1713
who file complaints with the board. The board shall not make	1714
public the names or any other identifying information about	1715
patients or complainants unless proper consent is given.	1716

The board may share any information it receives pursuant to	1717
an investigation, including patient records and patient record	1718
information, with law enforcement agencies, other licensing	1719
boards, and other governmental agencies that are prosecuting,	1720
adjudicating, or investigating alleged violations of statutes or	1721
administrative rules. An agency or board that receives the	1722
information shall comply with the same requirements regarding	1723
confidentiality as those with which the state medical board must	1724
comply, notwithstanding any conflicting provision of the Revised	1725
Code or procedure of the agency or board that applies when it is	1726
dealing with other information in its possession. In a judicial	1727
proceeding, the information may be admitted into evidence only in	1728
accordance with the Rules of Evidence, but the court shall require	1729
that appropriate measures are taken to ensure that confidentiality	1730
is maintained with respect to any part of the information that	1731
contains names or other identifying information about patients or	1732
complainants whose confidentiality was protected by the state	1733
medical board when the information was in the board's possession.	1734
Measures to ensure confidentiality that may be taken by the court	1735
include sealing its records or deleting specific information from	1736
its records.	1737

(F) The state medical board shall develop requirements for	1738
and provide appropriate initial training and continuing education	1739
for investigators employed by the board to carry out its duties	1740
under this chapter. The training and continuing education may	1741
include enrollment in courses operated or approved by the Ohio	1742
peace officer training commission that the board considers	1743
appropriate under conditions set forth in section 109.79 of the	1744
Revised Code.	1745

(G) On a quarterly basis, the board shall prepare a report	1746
that documents the disposition of all cases during the preceding	1747
three months. The report shall contain the following information	1748
for each case with which the board has completed its activities:	1749

(1) The case number assigned to the complaint or alleged	1750
violation;	1751

(2) The type of license, if any, held by the individual	1752
against whom the complaint is directed;	1753

(3) A description of the allegations contained in the	1754
complaint;	1755

(4) The disposition of the case.

1756

The report shall state how many cases are still pending, and	1757
shall be prepared in a manner that protects the identity of each	1758
individual involved in each case. The report is a public record	1759
for purposes of section 149.43 of the Revised Code.	1760

Sec. 4778.19. (A) As used in this section, "prosecutor" has	1761
the same meaning as in section 2935.01 of the Revised Code.	1762

(B) Whenever any individual holding a valid license to	1763
practice as a genetic counselor pleads guilty to, is subject to a	1764
judicial finding of guilt of, or is subject to a judicial finding	1765
of eligibility for intervention in lieu of conviction for a	1766
violation of Chapter 2907., 2925., or 3719. of the Revised Code or	1767
of any substantively comparable ordinance of a municipal	1768
corporation in connection with the person's practice, the	1769
prosecutor in the case, on forms prescribed and provided by the	1770
state medical board, shall promptly notify the board of the	1771
conviction. Within thirty days of receipt of that information, the	1772
board shall initiate action in accordance with Chapter 119. of the	1773
Revised Code to determine whether to suspend or revoke the license	1774
under section 4778.16 of the Revised Code.	1775

(C) The prosecutor in any case against any person holding a	1776
valid license to practice as a genetic counselor, on forms	1777
prescribed and provided by the state medical board, shall notify	1778
the board of any of the following:	1779

(1) A plea of guilty to, a finding of guilt by a jury or	1780
court of, or judicial finding of eligibility for intervention in	1781
lieu of conviction for a felony, or a case in which the trial	1782
court issues an order of dismissal upon technical or procedural	1783
grounds of a felony charge;	1784

(2) A plea of guilty to, a finding of guilt by a jury or	1785
court of, or judicial finding of eligibility for intervention in	1786
lieu of conviction for a misdemeanor committed in the course of	1787
practice, or a case in which the trial court issues an order of	1788
dismissal upon technical or procedural grounds of a charge of a	1789
misdemeanor, if the alleged act was committed in the course of	1790
practice;	1791

(3) A plea of guilty to, a finding of guilt by a jury or	1792
court of, or judicial finding of eligibility for intervention in	1793
lieu of conviction for a misdemeanor involving moral turpitude, or	1794
a case in which the trial court issues an order of dismissal upon	1795
technical or procedural grounds of a charge of a misdemeanor	1796
involving moral turpitude.	1797

The report shall include the name and address of the license	1798
holder, the nature of the offense for which the action was taken,	1799
and the certified court documents recording the action.	1800

Sec. 4778.20.  The secretary of the state medical board shall	1801
enforce the laws relating to the practice of genetic counselors.	1802
If the secretary has knowledge or notice of a violation of this	1803
chapter or the rules adopted under it, the secretary shall	1804
investigate the matter, and, upon probable cause appearing, file a	1805
complaint and prosecute the offender. When requested by the	1806
secretary, the prosecuting attorney of the proper county shall	1807
take charge of and conduct the prosecution.	1808

Sec. 4778.21.  The attorney general, the prosecuting attorney	1809
of any county in which the offense was committed or the offender	1810
resides, the state medical board, or any other person having	1811
knowledge of a person engaged either directly or by complicity in	1812
practicing as a genetic counselor without having first obtained	1813
under this chapter a license to practice as a genetic counselor,	1814
may, in accordance with provisions of the Revised Code governing	1815
injunctions, maintain an action in the name of the state to enjoin	1816
any person from engaging either directly or by complicity in	1817
unlawfully practicing as a genetic counselor by applying for an	1818
injunction in any court of competent jurisdiction.	1819

Prior to application for an injunction, the secretary of the	1820
state medical board shall notify the individual allegedly engaged	1821
either directly or by complicity in the unlawful practice by	1822
registered mail that the secretary has received information	1823
indicating that this individual is so engaged. The individual	1824
shall answer the secretary within thirty days showing that the	1825
individual is either properly licensed for the stated activity or	1826
that the individual is not in violation of this chapter. If the	1827
answer is not forthcoming within thirty days after notice by the	1828
secretary, the secretary shall request that the attorney general,	1829
the prosecuting attorney of the county in which the offense was	1830
committed or the offender resides, or the state medical board	1831
proceed as authorized in this section.	1832

Upon the filing of a verified petition in court, the court	1833
shall conduct a hearing on the petition and shall give the same	1834
preference to this proceeding as is given all proceedings under	1835
Chapter 119. of the Revised Code, irrespective of the position of	1836
the proceeding on the calendar of the court.	1837

Injunction proceedings shall be in addition to, and not in	1838
lieu of, all penalties and other remedies provided in this	1839
chapter.	1840

Sec. 4778.22.  All fees, penalties, and other funds received	1841
by the state medical board under this chapter shall be deposited	1842
in accordance with section 4731.24 of the Revised Code.	1843

Sec. 4778.24.   In the absence of fraud or bad faith, the	1844
state medical board, a current or former board member, an agent of	1845
the board, a person formally requested by the board to be the	1846
board's representative, or an employee of the board shall not be	1847
held liable in damages to any person as the result of any act,	1848
omission, proceeding, conduct, or decision related to official	1849
duties undertaken or performed pursuant to this chapter. If any	1850
such person asks to be defended by the state against any claim or	1851
action arising out of any act, omission, proceeding, conduct, or	1852
decision related to the person's official duties, and if the	1853
request is made in writing at a reasonable time before trial and	1854
the person requesting defense cooperates in good faith in the	1855
defense of the claim or action, the state shall provide and pay	1856
for the person's defense and shall pay any resulting judgment,	1857
compromise, or settlement. At no time shall the state pay any part	1858
of a claim or judgment that is for punitive or exemplary damages.	1859

Sec. 4778.99.  Whoever violates section 4778.02 of the	1860
Revised Code is guilty of a misdemeanor of the first degree on a	1861
first offense and felony of the fifth degree on each subsequent	1862
offense.	1863

Section 2.  That existing sections 4731.07, 4731.19, 4731.22,	1864
4731.222, 4731.224, 4731.24, and 4731.25 of the Revised Code are	1865
hereby repealed.	1866

Section 3.  Section 4731.22 of the Revised Code is presented	1867
in this act as a composite of the section as amended by both H.B.	1868
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General	1869
Assembly, applying the principle stated in division (B) of section	1870
1.52 of the Revised Code that amendments are to be harmonized if	1871
reasonably capable of simultaneous operation, finds that the	1872
composite is the resulting version of the section in effect prior	1873
to the effective date of the section as presented in this act.	1874

Section 4. Section 4778.02 of the Revised Code, as enacted by	1875
this act, shall take effect one year after the effective date of	1876
this act.	1877