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S. B. No. 39 -- As Introduced
As Introduced
| 124th General Assembly | | Regular Session | | 2001-2002 |
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SENATORS Hagan, Furney
A BILL
To enact section 4731.28 of the Revised Code to
require the State Medical
Board to create
physician profiles and make them available to the
public.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. To enact section 4731.28 of the Revised Code to
read as follows:
Sec. 4731.28. (A) For the purposes of this section,
"physician"
means an individual licensed under this chapter to
practice medicine and
surgery or osteopathic medicine and
surgery.
(B) The state medical board shall develop an individual
profile
of each physician who holds a valid certificate issued
under this
chapter. The board shall provide a copy of a
physician's profile
without charge to any person on request. Each
profile shall be
printed and, on request, shall be mailed to the
person requesting
it. If funds are available and the board
considers it
appropriate, physician profiles may also be
distributed through
the internet or an on-line computer service. Except as provided
in division (D) of this section, each
profile shall include all
the following: (1) Names of medical schools and dates of graduation; (2) Graduate medical education; (3) Specialty board certification; (4) Number of years in practice; (5) Names of hospitals where the physician has privileges to
practice; (6) The physician's primary practice location; (7) Identification of any translating services that may be
available at the physician's primary practice location; (8) A statement of whether or not the physician participates
in
the medicaid program; (9) A statement of whether or not the physician is accepting
new patients; (10) Appointments to medical faculties and indication as to
whether the physician has had responsibility for graduate medical
education
during the preceding ten years; (11) Information regarding publications in peer-reviewed
medical
literature during the preceding ten years; (12) Information regarding professional or community service
activities and awards; (13) A listing of all medical malpractice court judgments,
all
medical malpractice arbitration awards, and insurance
settlements, in
the preceding ten years in which a payment was
awarded to a complaining
party; (14) A description of any final disciplinary actions taken
within
the preceding ten years by the board or a professional
licensing board of
another
state; (15) A description of either of the following that occurred
in
the preceding ten years: (a) Revocation or involuntary restriction of privileges to
practice in a hospital for reasons related to competence or
character that
were taken by the hospital's governing
board or an
official of the hospital after procedural due process was
afforded; (b) Resignation from or nonrenewal of medical staff
membership or
the restriction of privileges to practice at a
hospital taken in lieu of or in
settlement of a pending
disciplinary
case related to competence or character. (16) A listing of any felonies or misdemeanors determined by
the
board to be serious misdemeanors of which the physician was
convicted,
or to which the physician pleaded guilty or no contest
within the
preceding ten years. (C) The board shall provide each physician with a copy of
the
physician's profile prior to release to the public. A
physician shall be
provided a reasonable time to correct factual
inaccuracies that appear in the profile. (D) A physician may elect to have the profile omit any of
the
information specified in divisions (B)(10) to (12) of this
section.
In collecting information for the profiles and in
disseminating
the profiles, the board shall inform physicians that
they may
choose not to provide any of the information specified in
divisions (B)(10) to (12) of this section. (E) Information required by division (B)(13) of this
section
about dispositions of paid medical malpractice claims shall be
reported in physician profiles in a
minimum of three graduated
categories indicating the level of significance of
the award or
settlement. Information concerning paid medical malpractice
claims shall be
put in context by
comparing an individual
physician's medical malpractice judgment
awards and settlement to
the experience of other physicians within
the same specialty.
Information concerning all settlements shall
be accompanied by the
following statement: "Settlement of a claim
may occur for a
variety of reasons that do not necessarily reflect
negatively on
the professional competence or conduct of the
physician. A
payment in settlement of a medical malpractice
action or claim
should not be construed as creating a presumption
that medical
malpractice occurred." The board may provide
further explanatory
information regarding the significance of
categories in which
settlements are reported.
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