If you have any questions about this article or the State Medical Board of Ohio, please feel free to contact attorney Beth Collis at (614) 628-6945, or attorney Todd Collis at (614) 628-6962. Dan Tierney, the governor's spokesman, said DeWine remains supportive of legislative action to better safeguard patients. (a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact. In such a case, the holder shall include with the application a one-hundred-fifty-dollar reinstatement fee. (B) A corporation, limited liability company, partnership, or professional association described in division (A) of this section may be formed for the purpose of providing a combination of the professional services of the following individuals who are licensed, certificated, or otherwise legally authorized to practice their respective professions: (1) Optometrists who are authorized to practice optometry under Chapter 4725. of the Revised Code; (2) Chiropractors who are authorized to practice chiropractic or acupuncture under Chapter 4734. of the Revised Code; (3) Psychologists who are authorized to practice psychology under Chapter 4732. of the Revised Code; (4) Registered or licensed practical nurses who are authorized to practice nursing as registered nurses or as licensed practical nurses under Chapter 4723. of the Revised Code; (5) Pharmacists who are authorized to practice pharmacy under Chapter 4729. of the Revised Code; (6) Physical therapists who are authorized to practice physical therapy under sections 4755.40 to 4755.56 of the Revised Code; (7) Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice mechanotherapy under section 4731.151 of the Revised Code; (9) Doctors of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery who are authorized for their respective practices under this chapter; (10) Licensed professional clinical counselors, licensed professional counselors, independent social workers, social workers, independent marriage and family therapists, or marriage and family therapists who are authorized for their respective practices under Chapter 4757. of the Revised Code. The Interstate Commission is considered to be an instrumentality of the states for the purpose of any such action. (C) Sections 4731.51 to 4731.61 of the Revised Code do not apply to any graduate of a podiatric school or college while performing those acts that may be prescribed by or incidental to participation in an accredited podiatric internship, residency, or fellowship program situated in this state approved by the state medical board. (D) The board may investigate the application materials received under this section and contact any agency or organization for recommendations or other information about the applicant. (2) The board shall adopt and may amend guidelines regarding the amounts of civil penalties to be imposed under this section. (c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and: 1) Impose the same or lesser sanction(s) against the physician so long as such sanctions are consistent with the Medical Practice Act of that state; or. (a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license. (A) As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code. (f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters. court records. (2) "Drug" has the same meaning as in section 4729.01 of the Revised Code. (d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiate under the Compact. (2) In the case of a patient who is a minor, the physician may recommend treatment with medical marijuana only after obtaining the consent of the patient's parent or other person responsible for providing consent to treatment. (5) The applicant shall provide in the application the applicant's full name; the applicant's residence address, business address, and electronic mail address; the number of the applicant's license to practice; and any other information required by the board. The best time for a physician to retain a medical license defense attorney is immediately upon learning that he or she is under investigation by the Kentucky Board of Medical Licensure or the State Medical . If the physician is unable to obtain the individual's name and address, the prescription shall include the patient's name and address and the words "expedited partner therapy" or the letters "EPT.". (b) The applicant does all of the following: (i) Participates currently in a confidential treatment and monitoring program for impairment in the other jurisdiction; (ii) Agrees to provide to the board or monitoring organization documentation of the applicant's current participation; (iii) Waives any right to confidentiality that would prevent the board or monitoring organization from sharing that documentation with each other. The medical board averaged five disciplinary actions per year. The attending physician may present the notice and description required by divisions (B)(2) and (B)(3) of this section through oral or written means. An approved impaired practitioner treatment provider shall do all of the following : (A) Report to the board the name of any practitioner suffering or showing evidence of suffering impairment who fails to comply within one week with a referral for examination; (B) Report to the board the name of any impaired practitioner who fails to enter treatment within forty-eight hours following the provider's determination that the practitioner needs treatment; (C) Require every practitioner who enters treatment to agree to a treatment contract establishing the terms of treatment and aftercare, including any required supervision or restrictions of practice during treatment or aftercare; (D) Require a practitioner to suspend practice upon entry into any required inpatient treatment; (E) Report to the board any failure by an impaired practitioner to comply with the terms of the treatment contract during inpatient or outpatient treatment or aftercare; (F) Report to the board the resumption of practice of any impaired practitioner before the treatment provider has made a clear determination that the practitioner is capable of practicing according to acceptable and prevailing standards of care; (G) Require a practitioner who resumes practice after completion of treatment to comply with an aftercare contract that meets the requirements of rules adopted by the board for approval of treatment providers; (H) Report the identity of any practitioner practicing under the terms of an aftercare contract to hospital administrators, medical chiefs of staff, and chairpersons of impaired practitioner committees of all health care institutions at which the practitioner holds clinical privileges or otherwise practices. Any person may nominate a license holder for consideration by the department. (c) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state. Last year, 4,469 new complaints were filed with the board. The Disciplinary Process - Medical License Defense Before the Kentucky Board of Medical Licensure or the State Medical Board of Ohio. Except as provided in sections 4730.252, 4731.225, 4731.24, 4759.071, 4760.133, 4761.091, 4762.133, 4774.133, and 4778.141 of the Revised Code, all funds deposited into the state treasury under this section shall be used solely for the administration and enforcement of this chapter and Chapters 4730., 4759., 4760., 4761., 4762., 4774., and 4778. of the Revised Code by the board. The board shall provide the application for renewal in a form determined by the board. (D) The holder of a license issued under this section shall either provide verification of licensure status from the board's internet web site on request or prominently display a wall certificate in the license holder's office or the place where a major portion of the license holder's practice is conducted. 2907.18. Within thirty days after receiving the written notification, the mental health professional shall inform the physician in writing of the status of treatment of the patient provided by the mental health professional. (B)(1) Subject to division (B)(2) of this section, an individual is an eligible patient if all of the following conditions are met: (a) The individual has a terminal condition, as determined by the individual's treating physician and by one other physician who has examined the individual. About the Board You can file a complaint directly with the Medical Board 24/7 through the confidential complaint hotline at 1-833-333-SMBO (7626) or online at med.ohio.gov . (a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent. (C) Division (B) of this section does not apply in any of the following circumstances: (1) A drug database report regarding the patient is not available, in which case the physician shall document in the patient's record the reason that the report is not available. (F) If an eligible patient dies while being treated with an investigational drug, product, or device and there are any outstanding costs related to treating the patient, the patient's estate, devisees, and heirs shall not be held liable by any person or government entity for those costs. (D) A physician or mental health professional is not liable in damages in a civil action for harm allegedly incurred as a result of a communication made under this section. Each member of the state medical board shall receive an amount fixed pursuant to division (J) of section 124.15 of the Revised Code for each day employed in the discharge of his official duties and his necessary expenses. The board shall include all of the following on the council: (1) One physician who is a member of the state medical board; (3) One individual who is not affiliated with any health care profession, who shall be appointed to represent the interest of consumers. An application is not considered submitted until the board receives the fee. The board shall monitor the progress of each individual undertaking a recommended individual educational program. (E) The board may investigate possible violations of this chapter or the rules adopted under it that are brought to its attention as a result of the reporting requirements of this section, except that the board shall conduct an investigation if a possible violation involves repeated malpractice. (E) This section and any rules adopted under it do not apply if the state board of pharmacy no longer maintains the drug database. (C) The board may revoke a certificate on receiving proof satisfactory to the board that the certificate holder 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. If the latter is the case, the person's scope of practice is limited to the procedures that an osteopathic physician in the other state may perform. As used in sections 4731.861 to 4731.8611 of the Revised Code: (A) "Assisted reproduction," "human reproductive material," "health care professional," and "donor" have the same meanings as in section 2907.13 of the Revised Code. The Board generally doesnt take action in these cases and may not even inform the doctor of them.. 0. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. See Disciplinary Counsel v. Bricker, 137 Ohio St.3d 35, 2013Ohio-3998, 997 N.E.2d 500, 21. And more than half were against doctors. Failing to meet continuing medical education requirements. (5) The practitioner shall be deemed to have waived any right to confidentiality that would prevent the monitoring organization conducting the program from making reports required by section 4731.251 of the Revised Code. Disciplinary Actions. (B) This section applies when a physician's employment with a health care entity to provide physician services is terminated for any reason, unless the physician continues to provide medical services for patients of the health care entity on an independent contractor basis. ohio medical board disciplinary actions Collection. The expense of the examination is the responsibility of the individual compelled to be examined. Share sensitive information only on official, secure websites. Strauss was accused of sexually abusing at least 177 former students and athletes during his time as a doctor at Ohio State University. (d) To the applicant's knowledge, no federal agency, medical society, medical association, or branch of the United States military has investigated or taken action against the applicant. (b) On failure to comply with any subpoena issued by the board and after reasonable notice to the person being subpoenaed, the board may move for an order compelling the production of persons or records pursuant to the Rules of Civil Procedure. (B) No physician shall present or cause to be presented a claim, bill, or demand for payment for anatomic pathology services to any person or entity other than the following: (1) The patient who receives the services or another individual, such as a parent, spouse, or guardian, who is responsible for the patient's bills; (2) A responsible insurer or other third-party payor of a patient who receives the services; (3) A hospital, public health clinic, or not-for-profit health clinic ordering the services; (5) A governmental agency or any person acting on behalf of a governmental agency; (6) A physician who is permitted to bill for the services under division (D) of this section. (e) The applicant has not been sanctioned previously by the board for impairment. (B)(1) Notwithstanding any conflicting provision of this chapter or rule adopted by the state medical board, a physician may issue a prescription for or personally furnish a complete or partial supply of a drug to treat chlamydia, gonorrhea, or trichomoniasis, without having examined the individual for whom the drug is intended, if all of the following conditions are met: (a) The individual is a sexual partner of the physician's patient. (4) "Hospital" means a hospital registered with the department of health under section 3701.07 of the Revised Code. Do all doctors in Ohio need to be licensed? CLEVELAND, Ohio -- In 2011, the State Medical Board disciplined 157 doctors licensed to practice in Ohio. The board shall indicate whether or not the information has been verified. (F) Nothing in this section shall be construed to mandate the assignment of benefits for anatomic pathology services. "We're a complaint-driven organization," says board spokeswoman Joan Wehrle. USAJOBS - Job Announcement Under R.C. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records. (E) A license to practice a limited branch of medicine shall be automatically suspended if the license holder fails to renew the license in accordance with division (C) of this section. (d) Upon receipt of any renewal fees collected in subsection (c), a member board shall renew the physician's license. (I) "Third-party payer" has the same meaning as in section 3901.38 of the Revised Code. The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. Times, dates, agendas and minutes of previous meetings are available on med.ohio.gov. (A) "Fifth pathway training" means supervised clinical training obtained in the United States as a substitute for the internship or social service requirements of a foreign medical school. (D) The state medical board may obtain information not protected by statutory or common law privilege from courts and other sources concerning malpractice claims against any person holding a license to practice under this chapter or practicing as provided in section 4731.36 of the Revised Code. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board. Then the cost is five cents a page, plus postage and shipping. An applicant for renewal shall pay a biennial renewal fee of one hundred dollars. A physician who has established a protocol that meets the requirements specified by the state board of pharmacy in rules adopted under section 4729.47 of the Revised Code may authorize one or more pharmacists and any of the pharmacy interns supervised by the pharmacist or pharmacists to use the protocol for the purpose of dispensing epinephrine under section 4729.47 of the Revised Code. State medical boards pursued a total of 264 cases of disciplinary action for license revocation in . (m) "Rule" means a written statement by the Interstate Commission promulgated pursuant to Section 12 of the Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule. The board shall not solicit or accept a grant or service that would interfere with the board's independence or objectivity, as determined by the board. ohio medical board disciplinary actions - viveksystems.com The application shall include or be accompanied by all of the following: (1) Evidence that the applicant is at least eighteen years of age; (2) Evidence that the applicant has attained high school graduation or its equivalent; (3) Evidence that the applicant holds one of the following: (a) A diploma or certificate from a school, college, or institution in good standing as determined by the board in accordance with rules adopted under section 4731.05 of the Revised Code, showing the completion of a course of instruction in massage therapy of at least six hundred clock hours. (2) An applicant who was not authorized to practice in any jurisdiction before seeking authority to practice in this state is not subject to disciplinary action, as provided by division (A) of this section, and is eligible to participate in the program established under section 4731.251 of the Revised Code, only if all of the following are the case: (a) As part of the process of applying for authority to practice in this state, the applicant disclosed to the board impairment that occurred before applying for authority to practice. As always, if you have any questions about this blog or the State Medical Board of Ohio, please feel free to contact one of the attorneys at Collis Law Group LLC at (614) 486-3909 or email me at Beth@collislaw.com. A training certificate issued pursuant to this section shall be valid only for three years, but may be renewed by the board for one additional three-year period. If the latter is the case, the person's scope of practice is limited to the procedures that a physician in the other state may perform. 1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license. No person shall open or conduct an office or other place for such practice without a license or certificate from the board. The board may reinstate a license or certificate suspended under this division after that demonstration and after the individual has entered into a written consent agreement. House Bill 263, House Bill 442 - 133rd General Assembly, House Bill 254 (GA 134), Senate Bill 288 (GA 134), The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. (2) The hearing examiner shall hear and consider the oral and documented evidence introduced by the parties and issue in writing proposed findings of fact and conclusions of law to the board for their consideration within thirty days following the close of the hearing. The board shall deposit the fee in accordance with section 4731.24 of the Revised Code, except that the board shall deposit twenty dollars of the fee into the state treasury to the credit of the physician loan repayment fund created by section 3702.78 of the Revised Code. Section 4731.66 of the Revised Code does not apply to any of the following referrals by the holder of a license under this chapter: (A) Referrals for physicians' services that are performed by or under the personal supervision of a physician in the same group practice as the referring physician; (B) Referrals for clinical laboratory services by a license holder specializing in the practice of pathology if those services are provided by or under the supervision of the pathologist pursuant to a consultation requested by another physician; (C) Referrals for in-office ancillary services to which all of the following apply: (1) The services are furnished by the referring physician, a physician in the same group practice as the referring physician, or individuals who are employed by the referring physician or the group practice and who are supervised by the referring physician or a physician in the group practice, and are furnished either: (a) In a building in which the referring physician, or another physician in the same group practice as the referring physician, furnishes physicians' services unrelated to the furnishing of designated health services; (b) In another building used by the referring physician's group practice for the centralized provision of the group's designated health services. In the absence of bad faith, any person who reports information of that nature or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable in damages in a civil action as a result of the report or testimony. Of those doctors, 199 sexually abused or harassed 449 patients, The Dispatch revealed. But . Two of the three consumer representatives cannot be in the health profession and at least one of them must be 60 or older. (c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the Commissioners and all rights, privileges, and benefits conferred by the Compact shall terminate on the effective date of termination. SECTION 12. (C) Any professional association or society composed primarily of doctors of medicine and surgery, doctors of osteopathic medicine and surgery, doctors of podiatric medicine and surgery, or practitioners of limited branches of medicine that suspends or revokes an individual's membership for violations of professional ethics, or for reasons of professional incompetence or professional malpractice, within sixty days after a final decision shall report to the board, on forms prescribed and provided by the board, the name of the individual, the action taken by the professional organization, and a summary of the underlying facts leading to the action taken. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. Any person may report to the board in a signed writing any information that the person may have that appears to show a violation of any provision of this chapter or any rule adopted under it. (2) In all circumstances in which division (I)(1) of this section does not apply, enter a final order permanently revoking the individual's license or certificate to practice. A guide to The Dispatch's investigation of doctor sexual misconduct in Ohio Subject to the rules, the board shall review and approve treatment providers on a regular basis. (viii) The applicant has been the recipient of a national institutes of health or other competitive grant award. (b) A copy of the applicant's most recent license equivalent to a license to practice medicine and surgery or osteopathic medicine and surgery in one or more branches of the United States armed services that the United States government issued. A lock or https:// means you've safely connected to the .gov website. SECTION 15. Dr. Sidney Wolfe, founder and director of Public Citizen's Health Research Group, says it's good that Ohio uses license fees to support the medical board. The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. (e) "Interstate Commission" means the interstate commission created pursuant to Section 11. (b) That the applicant has practiced for at least ten years prior to retirement in good standing as a doctor of medicine and surgery or osteopathic medicine and surgery in one or more of the branches of the United States armed services. (c) The governors of non-member states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the Compact by all states. (2) An individual whom the state medical board authorizes to engage in the practice of mechanotherapy may render the professional services of a mechanotherapist within this state through a corporation formed under division (B) of section 1701.03 of the Revised Code, a limited liability company formed under Chapter 1705. or 1706. of the Revised Code, a partnership, or a professional association formed under Chapter 1785. of the Revised Code. (3) The remuneration is provided pursuant to an agreement that would be commercially reasonable even if the license holder made no referrals to the person.