130th Ohio General Assembly
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Sub. H. B. No. 438  As Passed by the House
As Passed by the House

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 438


Representative Sears 

Cosponsors: Representatives Fende, Barnes, Carney, Garland, Schuring, Yuko, Amstutz, Antonio, Ashford, Buchy, Celebrezze, Conditt, Fedor, Hackett, Hall, Henne, Hill, Hottinger, Letson, Luckie, Maag, Mallory, Newbold, O'Brien, Patmon, Phillips, Slaby, Stebelton, Winburn Speaker Batchelder 



A BILL
To amend section 4731.293 of the Revised Code to specify requirements for obtaining and renewing a clinical research faculty certificate and to declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4731.293 of the Revised Code be amended to read as follows:
Sec. 4731.293.  (A) The state medical board may issue, without examination, a visiting medical clinical research faculty certificate to any person who applies for the certificate and provides to the board all of the following:
(1) Evidence satisfactory to the board of all of the following:
(a) That the applicant holds a current, unrestricted license to practice medicine and surgery or osteopathic medicine and surgery issued by another state or country and;
(b) That the applicant has been appointed to serve in this state on the academic staff of a medical school accredited by the liaison committee on medical education or an osteopathic medical school accredited by the American osteopathic association;
(c) That the applicant is an international medical graduate who holds a medical degree from an educational institution listed in the international medical education directory;
(d) That the applicant will be permitted to work only under the authority of the department director or chairperson of a teaching hospital affiliated with the medical school where the applicant's teaching and research activities will occur.
(2) An affidavit and supporting documentation from the dean of the medical school or the department director or chairperson of a teaching hospital affiliated with the school that the applicant is qualified to perform teaching and research activities;
(3) A description from the medical school or teaching hospital of the scope of practice in which the applicant will be involved, including the types of teaching, research, and procedures in which the applicant will be engaged;
(4) A description of the type and amount of patient contact that will occur in connection with the applicant's teaching and research activities. Except as provided in division (E) of this section, the board shall not issue more than one visiting medical faculty certificate to any particular person.
(B) An applicant for a visiting medical an initial clinical research faculty certificate shall submit evidence satisfactory to the board that the applicant meets the requirements of division (A) of this section. The applicant shall pay a fee of three hundred seventy-five dollars. The board shall maintain a register of all persons who hold a visiting medical faculty certificate.
(C) The holder of a visiting medical clinical research faculty certificate may practice medicine and surgery or osteopathic medicine and surgery only as is incidental to the certificate holder's teaching or research duties at the medical school or the a teaching hospitals hospital affiliated with the school. The board may revoke a certificate on receiving proof satisfactory to the board that the certificate holder of the certificate has engaged in practice in this state outside the scope of the certificate or that there are grounds for action against the certificate holder under section 4731.22 of the Revised Code.
(D) A visiting medical clinical research faculty certificate is valid for the shorter of three years or the duration of, except that the certificate ceases to be valid if the holder's appointment to the academic staff of the school is no longer valid. The certificate may not be renewed.
(E) If a person was granted a visiting medical faculty certificate before the effective date of this amendment, the person may apply for a second visiting medical faculty certificate, unless the person's first certificate was revoked. The board may issue the second certificate if the applicant complies with division (B) of this section (1) A clinical research faculty certificate may be renewed for an additional three-year period. There is no limit on the number of times a certificate may be renewed. A person seeking renewal of a certificate shall apply to the board and is eligible for renewal if the applicant does all of the following:
(a) Pays a renewal fee of three hundred seventy-five dollars;
(b) Provides to the board an affidavit and supporting documentation from the dean of the medical school or the department director or chairperson of a teaching hospital affiliated with the school that the applicant is in compliance with the applicant's current clinical research faculty certificate;
(c) Provides evidence satisfactory to the board of all of the following:
(i) That the applicant continues to maintain a current, unrestricted license to practice medicine and surgery or osteopathic medicine and surgery issued by another state or country;
(ii) That the applicant's initial appointment to serve in this state on the academic staff of a medical school is still valid or has been renewed;
(iii) That the applicant has satisfied the same continuing medical education requirements set forth in section 4731.281 of the Revised Code that apply to a person who holds a certificate to practice medicine and surgery or osteopathic medicine and surgery issued under this chapter.
(2) Regardless of whether the certificate has expired, a person who was granted a visiting medical faculty certificate under this section as it existed immediately prior to the effective date of this amendment may apply for a clinical research faculty certificate as a renewal. The board may issue the clinical research faculty certificate if the applicant meets the requirements of division (E)(1) of this section. The board may not issue a clinical research faculty certificate if the visiting medical faculty certificate was revoked.
(F) The board shall maintain a register of all persons who hold clinical research faculty certificates.
(G) The board may adopt any rules it considers necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Section 2.  That existing section 4731.293 of the Revised Code is hereby repealed.
Section 3.  This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for this necessity is that swift enactment will allow several extraordinary doctors to renew their certificates and continue their work in Ohio without interruption. Otherwise, these doctors will not be permitted to work in Ohio and will leave the state. Therefore, this act shall go into immediate effect.
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