Revise the law governing the practice of physician assistants

hb963_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 963

2025-2026

Representatives Deeter, Craig

To
amend sections 1.64, 2108.16, 2108.61, 2111.031, 2111.49, 2133.211,
2305.51, 2907.13, 3313.7112, 3313.7117, 3705.01, 3705.09, 3705.15,
3705.16, 3705.17, 3705.22, 3705.29, 3705.30, 3705.33, 3705.35,
3705.99, 3715.50, 3719.06, 3719.064, 3727.06, 3727.70, 3728.01,
4723.36, 4725.27, 4725.40, 4725.53, 4725.56, 4725.59, 4729.01,
4729.39, 4730.01, 4730.02, 4730.03, 4730.04, 4730.05, 4730.06,
4730.07, 4730.08, 4730.141, 4730.15, 4730.20, 4730.201, 4730.203,
4730.204, 4730.22, 4730.25, 4730.26, 4730.39, 4730.41, 4730.411,
4730.43, 4730.432, 4730.433, 4730.437, 4730.49, 4730.53, 4730.56,
4731.22, 4731.297, 4731.33, 4761.17, 4765.51, 4773.01, 4773.02,
4773.06, 5122.10, 5164.301, and 5903.12; to enact sections 3902.65,
4730.021, 4730.081, 4730.09, 4730.091, 4730.16, 4730.205, and
4730.23; and to repeal sections 4730.19, 4730.202, 4730.21, 4730.38,
4730.42, and 4730.44 of the Revised Code
to
revise the law governing the practice of physician assistants.

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

Section
1.
That
sections 1.64, 2108.16, 2108.61, 2111.031, 2111.49, 2133.211,
2305.51, 2907.13, 3313.7112, 3313.7117, 3705.01, 3705.09, 3705.15,
3705.16, 3705.17, 3705.22, 3705.29, 3705.30, 3705.33, 3705.35,
3705.99, 3715.50, 3719.06, 3719.064, 3727.06, 3727.70, 3728.01,
4723.36, 4725.27, 4725.40, 4725.53, 4725.56, 4725.59, 4729.01,
4729.39, 4730.01, 4730.02, 4730.03, 4730.04, 4730.05, 4730.06,
4730.07, 4730.08, 4730.141, 4730.15, 4730.20, 4730.201, 4730.203,
4730.204, 4730.22, 4730.25, 4730.26, 4730.39, 4730.41, 4730.411,
4730.43, 4730.432, 4730.433, 4730.437, 4730.49, 4730.53, 4730.56,
4731.22, 4731.297, 4731.33, 4761.17, 4765.51, 4773.01, 4773.02,
4773.06, 5122.10, 5164.301, and 5903.12 be amended and sections
3902.65, 4730.021, 4730.081, 4730.09, 4730.091, 4730.16, 4730.205,
and 4730.23 of the Revised Code be enacted to read as follows:

Sec.
1.64.
As
used in the Revised Code:

(A)
"Certified nurse-midwife" means an advanced practice
registered nurse who holds a current, valid license issued under
Chapter 4723. of the Revised Code and is designated as a certified
nurse-midwife in accordance with section 4723.42 of the Revised Code
and rules adopted by the board of nursing.

(B)
"Certified nurse practitioner" means an advanced practice
registered nurse who holds a current, valid license issued under
Chapter 4723. of the Revised Code and is designated as a certified
nurse practitioner in accordance with section 4723.42 of the Revised
Code and rules adopted by the board of nursing.

(C)
"Clinical nurse specialist" means an advanced practice
registered nurse who holds a current, valid license issued under
Chapter 4723. of the Revised Code and is designated as a clinical
nurse specialist in accordance with section 4723.42 of the Revised
Code and rules adopted by the board of nursing.

(D)
"Physician assistant" means an individual who is licensed

under
Chapter 4730. of the Revised Code
to

provide
services
practice

as
a physician assistant

to patients under the supervision, control, and direction of one or
more physicians

under Chapter 4730. of the Revised Code
.

Sec.
2108.16.
(A)
Except as provided in division (B) of this section, a physician or
technician may remove a donated part from the body of a donor that
the physician or technician is qualified to remove.

(B)
Neither the physician,
physician
assistant,
certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner who attends the decedent at death nor the physician,

physician
assistant,
certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner who determines the time of the decedent's death shall
participate in the procedures for removing or transplanting a part
from the decedent.

Sec.
2108.61.
(A)
As used in this section and sections 2108.62 and 2108.63 of the
Revised Code:

(1)
"Health care institution" means a hospital registered as
such under section 3701.07 of the Revised Code or a freestanding
birthing center.

(2)
"Health care professional" means a physician authorized
under Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery; a registered nurse,
including a certified nurse-midwife, authorized to practice under
Chapter 4723. of the Revised Code; or a physician assistant
authorized to practice under Chapter

4130.

4730.

of the Revised Code.

(3)
"Umbilical cord blood" means the blood that remains in the
umbilical cord and placenta after the birth of a newborn child.

(B)
The department of health shall encourage health care professionals
who provide health care services that are directly related to a
woman's pregnancy to provide a woman before her third trimester of
pregnancy with the publications described in section 2108.62 of the
Revised Code.

Sec.
2111.031.
In
connection with an application for the appointment of a guardian for
an alleged incompetent, the court may appoint physicians,
physician
assistants,
clinical
nurse specialists, certified nurse practitioners, and other qualified
persons to examine, investigate, or represent the alleged
incompetent, to assist the court in deciding whether a guardianship
is necessary. If the person is determined to be an incompetent and a
guardian is appointed for the person, the costs, fees, or expenses
incurred to so assist the court shall be charged either against the
estate of the person or against the applicant, unless the court
determines, for good cause shown, that the costs, fees, or expenses
are to be recovered from the county, in which case they shall be
charged against the county. If the person is not determined to be an
incompetent or a guardian is not appointed for the person, the costs,
fees, or expenses incurred to so assist the court shall be charged
against the applicant, unless the court determines, for good cause
shown, that the costs, fees, or expenses are to be recovered from the
county, in which case they shall be charged against the county.

A
court may require the applicant to make an advance deposit of an
amount that the court determines is necessary to defray the
anticipated costs of examinations of an alleged incompetent and to
cover fees or expenses to be incurred to assist it in deciding
whether a guardianship is necessary.

This
section does not affect or apply to the duties of a probate court
investigator under sections 2111.04 and 2111.041 of the Revised Code.

Sec.
2111.49.
(A)(1)
Subject to division (A)(3) of this section, the guardian of an
incompetent person shall file a guardian's report with the court two
years after the date of the issuance of the guardian's letters of
appointment and biennially after that time, or at any other time upon
the motion or a rule of the probate court. The report shall be in a
form prescribed by the court and shall include all of the following.

(a)
The present address of the place of residence of the ward;

(b)
The present address of the guardian;

(c)
If the place of residence of the ward is not the ward's personal
home, the name of the facility at which the ward resides and the name
of the person responsible for the ward's care;

(d)
The approximate number of times during the period covered by the
report that the guardian has had contact with the ward, the nature of
those contacts, and the date that the ward was last seen by the
guardian;

(e)
Any major changes in the physical or mental condition of the ward
observed by the guardian;

(f)
The opinion of the guardian as to the necessity for the continuation
of the guardianship;

(g)
The opinion of the guardian as to the adequacy of the present care of
the ward;

(h)
The date that the ward was last examined or otherwise seen by a
physician,
physician
assistant,
clinical
nurse specialist, or certified nurse practitioner and the purpose of
that visit;

(i)
A statement by a licensed physician,
licensed
physician assistant,
licensed
clinical nurse specialist, licensed certified nurse practitioner,
licensed clinical psychologist, licensed independent social worker,
licensed professional clinical counselor, or developmental disability
team that has evaluated or examined the ward within three months
prior to the date of the report as to the need for continuing the
guardianship.

(2)
The court shall review a report filed pursuant to division (A)(1) of
this section to determine if a continued necessity for the
guardianship exists. The court may direct a probate court
investigator to verify aspects of the report.

(3)
Division (A)(1) of this section applies to guardians appointed prior
to, as well as on or after,
the
effective date of this section
October
12, 2016
.
A guardian appointed prior to that date shall file the first report
in accordance with any applicable court rule or motion, or, in the
absence of such a rule or motion, upon the next occurring date on
which a report would have been due if division (A)(1) of this section
had been in effect on the date of appointment as guardian, and shall
file all subsequently due reports biennially after that time.

(B)
If, upon review of any report required by division (A)(1) of this
section, the court finds that it is necessary to intervene in a
guardianship, the court shall take any action that it determines is
necessary, including, but not limited to, terminating or modifying
the guardianship.

(C)
Except as provided in this division, for any guardianship, upon
written request by the ward, the ward's attorney, or any other
interested party made at any time after the expiration of one hundred
twenty days from the date of the original appointment of the
guardian, a hearing shall be held in accordance with section 2111.02
of the Revised Code to evaluate the continued necessity of the
guardianship. Upon written request, the court shall conduct a minimum
of one hearing under this division in the calendar year in which the
guardian was appointed, and upon written request, shall conduct a
minimum of one hearing in each of the following calendar years. Upon
its own motion or upon written request, the court may, in its
discretion, conduct a hearing within the first one hundred twenty
days after appointment of the guardian or conduct more than one
hearing in a calendar year. If the ward alleges competence, the
burden of proving incompetence shall be upon the applicant for
guardianship or the guardian, by clear and convincing evidence.

Sec.
2133.211.
A
person who holds a current, valid license issued under Chapter 4723.
of the Revised Code to practice as an advanced practice registered
nurse may take any action that may be taken by an attending physician
under sections 2133.21 to 2133.26 of the Revised Code and has the
immunity provided by section 2133.22 of the Revised Code if the
action is taken pursuant to a standard care arrangement with a
collaborating physician.

A
person who holds a license to practice as a physician assistant
issued under Chapter 4730. of the Revised Code may take any action
that may be taken by an attending physician under sections 2133.21 to
2133.26 of the Revised Code and has the immunity provided by section
2133.22 of the Revised Code

if the action is taken pursuant to a supervision agreement entered
into under section 4730.19 of the Revised Code, including, if
applicable, the policies of a health care facility in which the
physician assistant is practicing
,
subject to the physician assistant's authority to practice as
provided in section 4730.08 of the Revised Code
.

Sec.
2305.51.
(A)(1)
As used in this section:

(a)
"Civil Rights" has the same meaning as in section 5122.301
of the Revised Code.

(b)
"Mental health client or patient" means an individual who
is receiving mental health services from a mental health professional
or organization.

(c)
"Mental health organization" means an organization that
engages one or more mental health professionals to provide mental
health services to one or more mental health clients or patients.

(d)
"Mental health professional" means an individual who is
licensed, certified, or registered under the Revised Code, or
otherwise authorized in this state, to provide mental health services
for compensation, remuneration, or other personal gain.

(e)
"Mental health service" means a service provided to an
individual or group of individuals involving the application of
medical, psychiatric, psychological, professional counseling, social
work, marriage and family therapy, or nursing principles or
procedures to either of the following:

(i)
The assessment, diagnosis, prevention, treatment, or amelioration of
mental, emotional, psychiatric, psychological, or psychosocial
disorders or diseases, as described in the most recent edition of the
diagnostic and statistical manual of mental disorders published by
the American psychiatric association;

(ii)
The assessment or improvement of mental, emotional, psychiatric,
psychological, or psychosocial adjustment or functioning, regardless
of whether there is a diagnosable, pre-existing disorder or disease.

(f)
"Knowledgeable person" means an individual who has reason
to believe that a mental health client or patient has the intent and
ability to carry out an explicit threat of inflicting imminent and
serious physical harm to or causing the death of a clearly
identifiable potential victim or victims and who is either an
immediate family member of the client or patient or an individual who
otherwise personally knows the client or patient.

(g)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

(h)
"Hospital" has the same meaning as in section 2305.25 of
the Revised Code.

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

(j)
"Physician assistant"
has
the same meaning as in section 4730.01
means
an individual who is licensed to practice as a physician assistant
under Chapter 4730.
of
the Revised Code.

(k)
"Certified mental health assistant" has the same meaning as
in section 4772.01 of the Revised Code.

(2)
For the purpose of this section, in the case of a threat to a readily
identifiable structure, "clearly identifiable potential victim"
includes any potential occupant of the structure.

(B)
A mental health professional or mental health organization may be
held liable in damages in a civil action, or may be made subject to
disciplinary action by an entity with licensing or other regulatory
authority over the professional or organization, for serious physical
harm or death resulting from failing to predict, warn of, or take
precautions to provide protection from the violent behavior of a
mental health client or patient, only if the client or patient or a
knowledgeable person has communicated to the professional or
organization an explicit threat of inflicting imminent and serious
physical harm to or causing the death of one or more clearly
identifiable potential victims, the professional or organization has
reason to believe that the client or patient has the intent and
ability to carry out the threat, and the professional or organization
fails to take one or more of the following actions in a timely
manner:

(1)
Exercise any authority the professional or organization possesses to
hospitalize the client or patient on an emergency basis pursuant to
section 5122.10 of the Revised Code;

(2)
Exercise any authority the professional or organization possesses to
have the client or patient involuntarily or voluntarily hospitalized
under Chapter 5122. of the Revised Code;

(3)
Establish and undertake a documented treatment plan that is
reasonably calculated, according to appropriate standards of
professional practice, to eliminate the possibility that the client
or patient will carry out the threat, and, concurrent with
establishing and undertaking the treatment plan, initiate
arrangements for a second opinion risk assessment through a
management consultation about the treatment plan with, in the case of
a mental health organization, the clinical director of the
organization, or, in the case of a mental health professional who is
not acting as part of a mental health organization, any mental health
professional who is licensed to engage in independent practice;

(4)
Communicate to a law enforcement agency with jurisdiction in the area
where each potential victim resides, where a structure threatened by
a mental health client or patient is located, or where the mental
health client or patient resides, and if feasible, communicate to
each potential victim or a potential victim's parent or guardian if
the potential victim is a minor or has been adjudicated incompetent,
all of the following information:

(a)
The nature of the threat;

(b)
The identity of the mental health client or patient making the
threat;

(c)
The identity of each potential victim of the threat.

(C)
All of the following apply when a mental health professional or
organization takes one or more of the actions set forth in divisions
(B)(1) to (4) of this section:

(1)
The mental health professional or organization shall consider each of
the alternatives set forth and shall document the reasons for
choosing or rejecting each alternative.

(2)
The mental health professional or organization may give special
consideration to those alternatives which, consistent with public
safety, would least abridge the rights of the mental health client or
patient established under the Revised Code, including the rights
specified in sections 5122.27 to 5122.31 of the Revised Code.

(3)
The mental health professional or organization is not required to
take an action that, in the exercise of reasonable professional
judgment, would physically endanger the professional or organization,
increase the danger to a potential victim, or increase the danger to
the mental health client or patient.

(4)
The mental health professional or organization is not liable in
damages in a civil action, and shall not be made subject to
disciplinary action by any entity with licensing or other regulatory
authority over the professional or organization, for disclosing any
confidential information about a mental health client or patient that
is disclosed for the purpose of taking any of the actions.

(D)
Notwithstanding any other provision of the Revised Code, a physician,
physician assistant, advanced practice registered nurse, certified
mental health assistant, or hospital is not liable in damages in a
civil action, and shall not be made subject to disciplinary action by
any entity with licensing or other regulatory authority, for doing
either of the following:

(1)
Failing to discharge or to allow a patient to leave the facility if
the physician, physician assistant, advanced practice registered
nurse, certified mental health assistant, or hospital believes in the
good faith exercise of professional medical, advanced practice
registered nursing, physician assistant, or certified mental health
assistant judgment according to appropriate standards of professional
practice that the patient has a mental health condition that
threatens the safety of the patient or others;

(2)
Discharging a patient whom the physician, physician assistant,
advanced practice registered nurse, certified mental health
assistant, or hospital believes in the good faith exercise of
professional medical, advanced practice registered nursing, physician
assistant, or certified mental health assistant judgment according to
appropriate standards of professional practice not to have a mental
health condition that threatens the safety of the patient or others.

(E)
The immunities from civil liability and disciplinary action conferred
by this section are in addition to and not in limitation of any
immunity conferred on a mental health professional or organization or
on a physician, physician assistant, advanced practice registered
nurse, certified mental health assistant, or hospital by any other
section of the Revised Code or by judicial precedent.

(F)
This section does not affect the civil rights of a mental health
client or patient under Ohio or federal law.

Sec.
2907.13.
(A)
As used in this section:

(1)
"Human reproductive material" means:

(a)
Human spermatozoa or ova;

(b)
A human organism at any stage of development from fertilized ovum to
embryo.

(2)
"Assisted reproduction" means a method of causing pregnancy
other than through sexual intercourse including all of the following:

(a)
Intrauterine insemination;

(b)
Human reproductive material donation;

(c)
In vitro fertilization and transfer of embryos;

(d)
Intracytoplasmic sperm injection.

(3)
"Donor" means an individual who provides human reproductive
material to a health care professional to be used for assisted
reproduction, regardless of whether the human reproductive material
is provided for consideration. The term does not include any of the
following:

(a)
A husband or a wife who provides human reproductive material to be
used for assisted reproduction by the wife;

(b)
A woman who gives birth to a child by means of assisted reproduction;

(c)
An unmarried man who, with the intent to be the father of the
resulting child, provides human reproductive material to be used for
assisted reproduction by an unmarried woman.

(4)
"Health care professional" means any of the following:

(a)
A physician

authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery
;

(b)
An advanced practice registered nurse
,
as defined in section 4723.01 of the Revised Code
;

(c)

A
certified nurse practitioner;

(d)
A clinical nurse specialist;

(e)

A

physician's

physician

assistant
;

(f)
A certified nurse-midwife

licensed under Chapter 4730. of the Revised Code
.

(B)
No health care professional shall, in connection with an assisted
reproduction procedure, knowingly do any of the following:

(1)
Use human reproductive material from the health care professional,
a

donor,
or any other person while performing the procedure if the patient
receiving the procedure has not expressly consented to the use of
that material;

(2)
Fail to comply with the standards or requirements of sections 3111.88
to 3111.96 of the Revised Code, including the terms of the required
written consent form;

(3)
Misrepresent to the patient receiving the procedure any material
information about the donor's profile, including the types of
information listed in division (A)(2) of section 3111.93 of the
Revised Code, or the manner or extent to which the material will be
used.

(C)
Whoever violates this section is guilty of fraudulent assisted
reproduction, a felony of the third degree. If an offender commits a
violation of division (B) of this section and the violation occurs as
part of a course of conduct involving other violations of division
(B) of this section, a violation of this section is a felony of the
second degree. The course of conduct may involve one victim or more
than one victim.

(D)
Patient consent to the use of human reproductive material from an
anonymous donor is not effective to provide consent for use of human
reproductive material of the health care professional performing the
procedure.

(E)
It is not a defense to a violation of this section that a patient
expressly consented in writing, or by any other means, to the use of
human reproductive material from an anonymous donor.

Sec.
3313.7112.
(A)
As used in this section:

(1)
"Board of education" means a board of education of a city,
local, exempted village, or joint vocational school district.

(2)
"Governing authority" means a governing authority of a
chartered nonpublic school.

(3)
"Licensed health care professional" means any of the
following:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
A registered nurse, advanced practice registered nurse, or licensed
practical nurse licensed under Chapter 4723. of the Revised Code;

(c)
A physician assistant licensed under Chapter 4730. of the Revised
Code.

(4)
"Local health department" means a department operated by a
board of health of a city or general health district or the authority
having the duties of a board of health as described in section
3709.05 of the Revised Code.

(5)
"School employee" or "employee" means either of
the following:

(a)
A person employed by a board of education or governing authority;

(b)
A licensed health care professional employed by or under contract
with a local health department who is assigned to a school in a city,
local, exempted village, or joint vocational school district or a
chartered nonpublic school.

(6)
"Treating practitioner" means any of the following who has
primary responsibility for treating a student's diabetes and has been
identified as such by the student's parent, guardian, or other person
having care or charge of the student or, if the student is at least
eighteen years of age, by the student:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
An advanced practice registered nurse who holds a current, valid
license to practice nursing as an advanced practice registered nurse
issued under Chapter 4723. of the Revised Code and is designated as a
clinical nurse specialist or certified nurse practitioner in
accordance with section 4723.42 of the Revised Code;

(c)
A physician assistant who holds a license issued under Chapter 4730.
of the Revised Code
,
holds a valid prescriber number issued by the state medical board,

and
has
been
granted physician-delegated
prescriptive
authority

as provided in section 4730.15 of the Revised Code
.

(7)
"504 plan" means a plan based on an evaluation conducted in
accordance with section 504 of the "Rehabilitation Act of 1973,"
29 U.S.C. 794, as amended.

(B)(1)
Each board of education or governing authority shall ensure that each
student enrolled in the school district or chartered nonpublic school
who has diabetes receives appropriate and needed diabetes care in
accordance with an order signed by the student's treating
practitioner. The diabetes care to be provided includes any of the
following:

(a)
Checking and recording blood glucose levels and ketone levels or
assisting the student with checking and recording these levels;

(b)
Responding to blood glucose levels that are outside of the student's
target range;

(c)
In the case of severe hypoglycemia, administering glucagon and other
emergency treatments as prescribed;

(d)
Administering insulin or assisting the student in self-administering
insulin through the insulin delivery system the student uses;

(e)
Providing oral diabetes medications;

(f)
Understanding recommended schedules and food intake for meals and
snacks in order to calculate medication dosages pursuant to the order
of the student's treating practitioner;

(g)
Following the treating practitioner's instructions regarding meals,
snacks, and physical activity;

(h)
Administering diabetes medication, as long as the conditions
prescribed in division (C) of this section are satisfied.

(2)
Not later than fourteen days after receipt of an order signed by the
treating practitioner of a student with diabetes, the board of
education or governing authority shall inform the student's parent,
guardian, or other person having care or charge of the student that
the student may be entitled to a 504 plan regarding the student's
diabetes. The department of education and workforce shall develop a
504 plan information sheet for use by a board of education or
governing authority when informing a student's parent, guardian, or
other person having care or charge of the student that the student
may be entitled to a 504 plan regarding the student's diabetes.

(C)
Notwithstanding division (B) of section 3313.713 of the Revised Code
or any other provision of the Revised Code, diabetes medication may
be administered under this section by a school nurse or, in the
absence of a school nurse, a school employee who is trained in
diabetes care under division (E) of this section. Medication
administration may be provided under this section only when the
conditions prescribed in division (C) of section 3313.713 of the
Revised Code are satisfied.

Notwithstanding
division (D) of section 3313.713 of the Revised Code, medication that
is to be administered under this section may be kept in an easily
accessible location.

(D)(1)
The department of education and workforce shall adopt nationally
recognized guidelines, as determined by the department, for the
training of school employees in diabetes care for students. In doing
so, the department shall consult with the department of health, the
American diabetes association, and the Ohio school nurses
association. The department may consult with any other organizations
as determined appropriate by the department.

(2)
The guidelines shall address all of the following issues:

(a)
Recognizing the symptoms of hypoglycemia and hyperglycemia;

(b)
The appropriate treatment for a student who exhibits the symptoms of
hypoglycemia or hyperglycemia;

(c)
Recognizing situations that require the provision of emergency
medical assistance to a student;

(d)
Understanding the appropriate treatment for a student, based on an
order issued by the student's treating practitioner, if the student's
blood glucose level is not within the target range indicated by the
order;

(e)
Understanding the instructions in an order issued by a student's
treating practitioner concerning necessary medications;

(f)
Performing blood glucose and ketone tests for a student in accordance
with an order issued by the student's treating practitioner and
recording the results of those tests;

(g)
Administering insulin, glucagon, or other medication to a student in
accordance with an order issued by the student's treating
practitioner and recording the results of the administration;

(h)
Understanding the relationship between the diet recommended in an
order issued by a student's treating practitioner and actions that
may be taken if the recommended diet is not followed.

(E)(1)
To ensure that a student with diabetes receives the diabetes care
specified in division (B) of this section, a board of education or
governing authority may provide training that complies with the
guidelines developed under division (D) of this section to a school
employee at each school attended by a student with diabetes. With
respect to any training provided, all of the following apply:

(a)
The training shall be coordinated by a school nurse or, if the school
does not employ a school nurse, a licensed health care professional
with expertise in diabetes who is approved by the school to provide
the training.

(b)
The training shall take place prior to the beginning of each school
year or, as needed, not later than fourteen days after receipt by the
board of education or governing authority of an order signed by the
treating practitioner of a student with diabetes.

(c)
On completion of the training, the board of education or governing
authority, in a manner it determines, shall determine whether each
employee trained is competent to provide diabetes care.

(d)
The school nurse or approved licensed health care professional with
expertise in diabetes care shall promptly provide all necessary
follow-up training and supervision to an employee who receives
training.

(2)
The principal of a school attended by a student with diabetes or
another school official authorized to act on behalf of the principal
may distribute a written notice to each employee containing all of
the following:

(a)
A statement that the school is required to provide diabetes care to a
student with diabetes and is seeking employees who are willing to be
trained to provide that care;

(b)
A description of the tasks to be performed;

(c)
A statement that participation is voluntary and that the school
district or governing authority will not take action against an
employee who does not agree to provide diabetes care;

(d)
A statement that training will be provided by a licensed health care
professional to an employee who agrees to provide care;

(e)
A statement that a trained employee is immune from liability under
division (J) of this section;

(f)
The name of the individual who should be contacted if an employee is
interested in providing diabetes care.

(3)
No employee of a board of education or governing authority shall be
subject to a penalty or disciplinary action under school or district
policies for refusing to volunteer to be trained in diabetes care.

(4)
No board or governing authority shall discourage employees from
agreeing to provide diabetes care under this section.

(F)
A board of education or governing authority may provide training in
the recognition of hypoglycemia and hyperglycemia and actions to take
in response to emergency situations involving these conditions to
both of the following:

(1)
A school employee who has primary responsibility for supervising a
student with diabetes during some portion of the school day;

(2)
A bus driver employed by a school district or chartered nonpublic
school responsible for the transportation of a student with diabetes.

(G)
A student with diabetes shall be permitted to attend the school the
student would otherwise attend if the student did not have diabetes
and the diabetes care specified in division (B) of this section shall
be provided at the school. A board of education or governing
authority shall not restrict a student who has diabetes from
attending the school on the basis that the student has diabetes, that
the school does not have a full-time school nurse, or that the school
does not have an employee trained in diabetes care. The school shall
not require or pressure a parent, guardian, or other person having
care or charge of a student to provide diabetes care for the student
with diabetes at school or school-related activities.

(H)(1)
Notwithstanding section 3313.713 of the Revised Code or any policy
adopted under that section and except as provided in division (H)(2)
of this section, on written request of the parent, guardian, or other
person having care or charge of a student and authorization by the
student's treating practitioner, a student with diabetes shall be
permitted during regular school hours and school-sponsored activities
to attend to the care and management of the student's diabetes in
accordance with the order issued by the student's treating
practitioner if the student's treating practitioner determines that
the student is capable of performing diabetes care tasks. The student
shall be permitted to perform diabetes care tasks in a classroom, in
any area of the school or school grounds, and at any school-related
activity, and to possess on the student's self at all times all
necessary supplies and equipment to perform these tasks. If the
student or the parent, guardian, or other person having care or
charge of the student so requests, the student shall have access to a
private area for performing diabetes care tasks.

(2)
If the student performs any diabetes care tasks or uses medical
equipment for purposes other than the student's own care, the board
of education or governing authority may revoke the student's
permission to attend to the care and management of the student's
diabetes.

(I)(1)
Notwithstanding any other provision of the Revised Code to the
contrary, a licensed health care professional shall be permitted to
provide training to a school employee under division (E) of this
section or to supervise the employee in performing diabetes care
tasks.

(2)
Nothing in this section diminishes the rights of eligible students or
the obligations of school districts or governing authorities under
the "Individuals with Disabilities Education Act," 20
U.S.C. 1400 et seq., section 504 of the "Rehabilitation Act,"
29 U.S.C. 794, or the "Americans with Disabilities Act," 42
U.S.C. 12101 et seq.

(J)(1)
A school or school district, a member of a board or governing
authority, or a district or school employee is not liable in damages
in a civil action for injury, death, or loss to person or property
allegedly arising from providing care or performing duties under this
section unless the act or omission constitutes willful or wanton
misconduct.

This
section does not eliminate, limit, or reduce any other immunity or
defense that a school or school district, member of a board of
education or governing authority, or district or school employee may
be entitled to under Chapter 2744. or any other provision of the
Revised Code or under the common law of this state.

(2)
A school employee shall not be subject to disciplinary action under
school or district policies for providing care or performing duties
under this section.

(3)
A school nurse or other licensed health care professional shall be
immune from disciplinary action by the board of nursing or any other
regulatory board for providing care or performing duties under this
section if the care provided or duties performed are consistent with
applicable professional standards.

(K)(1)
Not later than the last day of December of each year, a board of
education or governing authority shall report to the department of
education and workforce both of the following:

(a)
The number of students with diabetes enrolled in the school district
or chartered nonpublic school during the previous school year;

(b)
The number of errors associated with the administration of diabetes
medication to students with diabetes during the previous school year.

(2)
Not later than the last day of March of each year, the department
shall issue a report summarizing the information received by the
department under division (K)(1) of this section for the previous
school year. The department shall make the report available on its
internet web site.

Sec.
3313.7117.
(A)
As used in this section:

(1)

"Licensed
health care professional" means any of the following:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
A registered nurse, advanced practice registered nurse, or licensed
practical nurse licensed under Chapter 4723. of the Revised Code;

(c)
A physician assistant licensed under Chapter 4730. of the Revised
Code.

(2)

"Seizure
disorder" means epilepsy or involuntary disturbance of brain
function that may manifest as an impairment, loss of consciousness,
behavioral abnormalities, sensory disturbance or convulsions.

(3)
(2)

"Treating practitioner" means any of the following who has
primary responsibility for treating a student's seizure disorder and
has been identified as such by the student's parent, guardian, or
other person having care or charge of the student or, if the student
is at least eighteen years of age, by the student:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
An advanced practice registered nurse who holds a current, valid
license to practice nursing as an advanced practice registered nurse
issued under Chapter 4723. of the Revised Code and is designated as a
clinical nurse specialist or certified nurse practitioner in
accordance with section 4723.42 of the Revised Code;

(c)
A physician assistant who holds a license issued under Chapter 4730.
of the Revised Code
,
holds a valid prescriber number issued by the state medical board,

and has
been
granted physician-delegated
prescriptive
authority

as provided in section 4730.15 of the Revised Code
.

(B)
A school nurse, or another district or school employee if a district
or school does not have a school nurse, of each city, local, exempted
village, and joint vocational school district and the governing
authority of a chartered nonpublic school, acting in collaboration
with a student's parents or guardian, shall create an individualized
seizure action plan for each student enrolled in the school district
or chartered nonpublic school who has an active seizure disorder
diagnosis. A plan shall include all of the following components:

(1)
A written request signed by the parent, guardian, or other person
having care or charge of the student, required by division (C)(1) of
section 3313.713 of the Revised Code, to have one or more drugs
prescribed for a seizure disorder administered to the student;

(2)
A written statement from the student's treating practitioner
providing the drug information required by division (C)(2) of section
3313.713 of the Revised Code for each drug prescribed to the student
for a seizure disorder.

(3)
Any other component required by the department of education and
workforce.

(C)(1)
The school nurse or a school administrator if the district does not
employ a school nurse, shall notify a school employee, contractor,
and volunteer in writing regarding the existence and content of each
seizure action plan in force if the employee, contractor, or
volunteer does any of the following:

(a)
Regularly interacts with the student;

(b)
Has legitimate educational interest in the student or is responsible
for the direct supervision of the student;

(c)
Is responsible for transportation of the student to and from school.

(2)
The school nurse or a school administrator if the district does not
employ a school nurse, shall identify each individual who has
received training under division (G) of this section in the
administration of drugs prescribed for seizure disorders. The school
nurse, or another district employee if a district does not employ a
school nurse, shall coordinate seizure disorder care at that school
and ensure that all staff described in division (C)(1) of this
section are trained in the care of students with seizure disorders.

(D)(1)
A drug prescribed to a student with a seizure disorder shall be
provided to the school nurse or another person at the school who is
authorized to administer it to the student if the district does not
employ a full-time school nurse. The drug shall be provided in the
container in which it was dispensed by the prescriber or a licensed
pharmacist. Notwithstanding division (D) of section 3313.713 of the
Revised Code, drugs prescribed for a seizure disorder that are to be
administered to students under this section may be kept in an easily
accessible location.

(2)
Notwithstanding division (D)(1) of this section, section 3313.713 of
the Revised Code, or any policy adopted under that section, a student
enrolled in a school district or chartered nonpublic school may
possess a drug prescribed to the student designed to prevent the
onset of a seizure or to alleviate the symptoms of a seizure if both
of the following conditions are satisfied:

(a)
The student has the written approval of the student's physician and,
if the student is a minor, the written approval of the parent,
guardian, or other person having care or charge of the student. The
physician's written approval shall include at least all of the
following information:

(i)
The student's name and address;

(ii)
The name of the drug and the dosage, if any, to be administered;

(iii)
The circumstances under which the drug is to be administered to the
student;

(iv)
How the drug is to be administered to the student;

(v)
Written instructions that outline procedures school personnel should
follow in the event that the drug does not prevent the onset of a
seizure or alleviate the symptoms of a seizure;

(vi)
Any severe adverse reactions that may occur to the student for whom
the drug is prescribed and that should be reported to the physician;

(vii)
Any severe adverse reactions that may occur to another student for
whom the drug is not prescribed, should such a student receive a dose
of the drug;

(viii)
At least one emergency telephone number for contacting the physician
in an emergency;

(ix)
At least one emergency telephone number for contacting the parent,
guardian, or other person having care or charge of the student in an
emergency;

(x)
Any other special instructions from the physician.

(b)
The school principal and, if a school nurse is assigned to the
student's school building, the school nurse have received copies of
the written approvals required by division (D)(2)(a) of this section.

If
these conditions are satisfied, the student may possess a drug
described in division (D)(2) of this section at school or at any
activity, event, or program sponsored by or in which the student's
school is a participant.

(3)
Notwithstanding division (B)(2) of section 3313.713 of the Revised
Code or any policy adopted under that section, any individual
identified in division (C)(1) of this section may administer to a
student a prescribed drug that is designed to prevent the onset of a
seizure or to alleviate the symptoms of a seizure if both of the
following conditions are satisfied:

(a)
The individual has received a copy of the written approval issued by
the student's physician which contains the information required by
division (D)(2)(a) of this section.

(b)
The individual has received training regarding the circumstances
under which the drug is to be administered to the student and how the
drug is to be administered to the student.

(E)
A seizure action plan is effective only for the school year in which
the written request described in division (B)(1) of this section was
submitted and must be renewed at the beginning of each school year.

(F)
A seizure action plan created under division (B) of this section
shall be maintained in the office of the school nurse or school
administrator if the district does not employ a full-time school
nurse.

(G)
A school district or governing authority of a chartered nonpublic
school shall designate at least one employee at each school building
it operates, aside from a school nurse, to be trained on the
implementation of seizure action plans every two years. The district
or governing authority shall provide or arrange for the training of
the employee. The training must include and be consistent with
guidelines and best practices established by a nonprofit organization
that supports the welfare of individuals with epilepsy and seizure
disorders, such as the
Epilepsy
Alliance
epilepsy
alliance

Ohio or
Epilepsy
Foundation of
epilepsy
foundation
Ohio
or other similar organizations as determined by the department, and
address all of the following:

(1)
Recognizing the signs and symptoms of a seizure;

(2)
The appropriate treatment for a student who exhibits the symptoms of
a seizure;

(3)
Administering drugs prescribed for seizure disorders, subject to this
section and section 3313.713 of the Revised Code.

A
seizure training program under division (G) of this section shall not
exceed one hour and shall qualify as a professional development
activity for the renewal of educator licenses, including activities
approved by local professional development committees under division
(F) of section 3319.22 of the Revised Code. If the training is
provided to a school district on portable media by a nonprofit
entity, the training shall be provided free of charge.

(H)
A board of education or governing authority shall require each person
it employs as an administrator, guidance counselor, teacher, or bus
driver to complete a minimum of one hour of self-study training or
in-person training on seizure disorders not later than twenty-four
months after October 3, 2023. Any such person employed after that
date shall complete the training within ninety days of employment.
The training shall qualify as a professional development activity for
the renewal of educator licenses, including activities approved by
local professional development committees under division (F) of
section 3319.22 of the Revised Code.

(I)(1)
A school or school district, a member of a board or governing
authority, or a district or school employee is not liable in damages
in a civil action for injury, death, or loss to person or property
allegedly arising from providing care or performing duties under this
section unless the act or omission constitutes willful or wanton
misconduct.

This
section does not eliminate, limit, or reduce any other immunity or
defense that a school district, member of a school district board of
education, or school district employee may be entitled to under
Chapter 2744. or any other provision of the Revised Code or under the
common law of this state.

(2)
A chartered nonpublic school or any officer, director, or employee of
the school is not liable in damages in a civil action for injury,
death, or loss to person or property allegedly arising from providing
care or performing duties under this section unless the act or
omission constitutes willful or wanton misconduct.

Sec.
3705.01.
As
used in this chapter:

(A)
"Live birth" means the complete expulsion or extraction
from its mother of a product of human conception that after such
expulsion or extraction breathes or shows any other evidence of life
such as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles, whether or not the umbilical
cord has been cut or the placenta is attached.

(B)(1)
"Fetal death" means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, which after such expulsion
or extraction does not breathe or show any other evidence of life
such as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles.

(2)
"Stillborn" means that an infant of at least twenty weeks
of gestation suffered a fetal death.

(C)
"Dead body" means a human body or part of a human body from
the condition of which it reasonably may be concluded that death
recently occurred.

(D)
"Physician" means a person licensed pursuant to Chapter
4731. of the Revised Code to practice medicine or surgery or
osteopathic medicine and surgery.

(E)
"Attending physician
,
"

when
used in the context of a decedent,
means
the physician in charge of the patient's care for the illness or
condition that resulted in death.

(F)
"Institution" means any establishment, public or private,
that provides medical, surgical, or diagnostic care or treatment, or
domiciliary care, to two or more unrelated individuals, or to persons
committed by law.

(G)
"Funeral director" has the meaning given in section 4717.01
of the Revised Code.

(H)
"State registrar" means the head of the office of vital
statistics in the department of health.

(I)
"Medical certification" means completion of the medical
certification portion of the certificate of death or fetal death as
to the cause of death or fetal death.

(J)
"Final disposition" means the interment, cremation, removal
from the state, donation, or other authorized disposition of a dead
body or a fetal death.

(K)
"Interment" means the final disposition of the remains of a
dead body by burial or entombment.

(L)
"Cremation" means the reduction to ashes of a dead body.

(M)
"Donation" means gift of a dead body to a research
institution or medical school.

(N)
"System of vital statistics" means the registration,
collection, preservation, amendment, and certification of vital
records, the collection of other reports required by this chapter,
and activities related thereto.

(O)
"Vital records" means certificates or reports of birth,
death, fetal death, marriage, divorce, dissolution of marriage,
annulment, and data related thereto and other documents maintained as
required by statute.

(P)
"File" means the presentation of vital records for
registration by the office of vital statistics.

(Q)
"Registration" means the acceptance by the office of vital
statistics and the incorporation of vital records into its official
records.

(R)
"Birth record" means a birth certificate that has been
registered with the office of vital statistics; or, if registered
prior to March 16, 1989, with the division of vital statistics; or,
if registered prior to the establishment of the division of vital
statistics, with the department of health or a local registrar.

(S)
"Certification of birth" means a document issued by the
director of health or state registrar or a local registrar under
division (B) of section 3705.23 of the Revised Code.

(T)
"Certified nurse-midwife
,
"

has

"clinical
nurse specialist," and "certified nurse practitioner"
have
the
same
meaning

meanings

as
in section 4723.01 of the Revised Code.

(U)
"Physician assistant" means an individual who is licensed
to practice as a physician assistant under Chapter 4730. of the
Revised Code.

Sec.
3705.09.
(A)
A birth certificate for each live birth in this state shall be filed
in the registration district in which it occurs within ten calendar
days after such birth and shall be registered if it has been
completed and filed in accordance with this section.

(B)
When a birth occurs in or en route to an institution, the person in
charge of the institution or a designated representative shall obtain
the personal data, prepare the certificate, and complete and certify
the facts of birth on the certificate within ten calendar days. The
physician
,
physician assistant,

or certified nurse-midwife in attendance shall be listed on the birth
record.

(C)
When a birth occurs outside an institution, the birth certificate
shall be prepared and filed by one of the following in the indicated
order of priority:

(1)
The physician
,
physician assistant,

or certified nurse-midwife in attendance at or immediately after the
birth;

(2)
Any other person in attendance at or immediately after the birth;

(3)
The father;

(4)
The mother;

(5)
The person in charge of the premises where the birth occurred.

(D)
Either of the parents of the child or other informant shall attest to
the accuracy of the personal data entered on the birth certificate in
time to permit the filing of the certificate within the ten days
prescribed in this section.

(E)
When a birth occurs in a moving conveyance within the United States
and the child is first removed from the conveyance in this state, the
birth shall be registered in this state and the place where it is
first removed shall be considered the place of birth. When a birth
occurs on a moving conveyance while in international waters or air
space or in a foreign country or its air space and the child is first
removed from the conveyance in this state, the birth shall be
registered in this state but the record shall show the actual place
of birth insofar as can be determined.

(F)(1)
If the mother of a child was married at the time of either conception
or birth or between conception and birth, the child shall be
registered in the surname designated by the mother, and the name of
the husband shall be entered on the certificate as the father of the
child. The presumption of paternity shall be in accordance with
section 3111.03 of the Revised Code.

(2)
If the mother was not married at the time of conception or birth or
between conception and birth, the child shall be registered by the
surname designated by the mother. The name of the father of such
child shall also be inserted on the birth certificate if both the
mother and the father sign an
acknowledgement

acknowledgment

of
paternity affidavit before the birth record has been sent to the
local registrar. If the father is not named on the birth certificate
pursuant to division (F)(1) or (2) of this section, no other
information about the father shall be entered on the record.

(G)
When a man is presumed, found, or declared to be the father of a
child, according to section 2105.26, sections 3111.01 to 3111.18,
former section 3111.21, or sections 3111.38 to 3111.54 of the Revised
Code, or the father has acknowledged the child as his child in an
acknowledgment of paternity, and the acknowledgment has become final
pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised
Code, and documentary evidence of such fact is submitted to the
department of health in such form as the director may require, a new
birth record shall be issued by the department which shall have the
same overall appearance as the record which would have been issued
under this section if a marriage had occurred before the birth of
such child. Where handwriting is required to effect such appearance,
the department shall supply it. Upon the issuance of such new birth
record, the original birth record shall cease to be a public record.
Except as provided in division (C) of section 3705.091 of the Revised
Code, the original record and any documentary evidence supporting the
new registration of birth shall be placed in an envelope which shall
be sealed by the department and shall not be open to inspection or
copy unless so ordered by a court of competent jurisdiction.

(H)
Every birth certificate filed under this section on or after July 1,
1990, shall be accompanied by all social security numbers that have
been issued to the parents of the child, unless the division of child
support in the department of job and family services, acting in
accordance with regulations prescribed under the "Family Support
Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, as amended, finds
good cause for not requiring that the numbers be furnished with the
certificate. The parents' social security numbers shall not be
recorded on the certificate. No social security number obtained under
this division shall be used for any purpose other than the purposes
specified in division (B)(1) of section 3705.07 of the Revised Code.

Sec.
3705.15.
Whoever
claims to have been born in this state, and whose registration of
birth is not recorded, or has been lost or destroyed, or has not been
properly and accurately recorded, may file an application for
registration of birth or correction of the birth record in the
probate court of the county of the person's birth or residence or the
county in which the person's mother resided at the time of the
person's birth. If the person is a minor the application shall be
signed by either parent or the person's guardian.

(A)
An application to correct a birth record shall set forth all of the
available facts required on a birth record and the reasons for making
the application, and shall be verified by the applicant. Upon the
filing of the application the court may fix a date for a hearing,
which shall not be less than seven days after the filing date. The
court may require one publication of notice of the hearing in a
newspaper of general circulation in the county at least seven days
prior to the date of the hearing. The application shall be supported
by the affidavit of the physician
,
physician assistant,

or certified nurse-midwife in attendance. If an affidavit is not
available, the application shall be supported by the affidavits of at
least two persons having knowledge of the facts stated in the
application, by documentary evidence, or by other evidence the court
deems sufficient.

The
probate judge, if satisfied that the facts are as stated, shall make
an order correcting the birth record, except that in the case of an
application to correct the date of birth, the judge shall make the
order only if any date shown as the date the attending physician
,
physician assistant,

or certified nurse-midwife signed the birth record or the date the
local registrar filed the record is consistent with the corrected
date of birth. If supported by sufficient evidence, the judge may
include in an order correcting the date of birth an order correcting
the date the attending physician
,
physician assistant,

or certified nurse-midwife signed the birth record or the date the
local registrar filed the record.

(B)
An application of a person whose registration of birth is not
recorded, or has been lost or destroyed, must comply with division
(A) of this section. Upon the filing of the application the court may
fix a date for a hearing, which shall be not less than seven days
after the filing date. The court may require one publication of
notice of the hearing in a newspaper of general circulation in the
county at least seven days prior to the date of the hearing. The
probate judge, or a special master commissioner, shall personally
examine the applicant in open court and shall take sworn testimony on
the application which shall include the testimony of at least two
credible witnesses, or clear and convincing documentary evidence. The
probate court may conduct any necessary investigation, and shall
permit the applicant and all witnesses presented to be cross-examined
by any interested person, or by the prosecuting attorney of the
county. When a witness or the applicant is unable to appear in open
court, the court may authorize the taking of the witness's or
applicant's deposition. The court may cause a complete record to be
taken of the hearing, shall file it with the other papers in the
case, and may order the transcript of the testimony to be filed and
made a matter of record in the court. Upon being satisfied that
notice of the hearing on the application has been given by
publication, if required, and that the claim of the applicant is
true, the court shall make a finding upon all the facts required on a
birth record, and shall order the registration of the birth of the
applicant. The court shall forthwith transmit to the director of
health a certified summary of its finding and order, on a form
prescribed by the director, who shall file it in the records of the
central division of vital statistics.

(C)
The director may forward a copy of the summary for the registration
of a birth in the director's office to the appropriate local
registrar of vital statistics.

A
certified copy of the birth record corrected or registered by court
order as provided in this section shall have the same legal effect
for all purposes as an original birth record.

The
application, affidavits, findings, and orders of the court, together
with a transcript of the testimony if ordered by the court, for the
correction of a birth record or for the registration of a birth,
shall be recorded in a book kept for that purpose and shall be
properly indexed. The book shall become a part of the records of the
probate court.

(D)(1)
Except as provided in division (D)(2) of this section, whenever a
correction is ordered in a birth record under division (A) of this
section, the court ordering the correction shall forthwith forward to
the department of health a certified copy of the order containing
such information as will enable the department to prepare a new birth
record. Thereupon, the department shall record a new birth record
using the correct information supplied by the court and the new birth
record shall have the same overall appearance as the original record
which would have been issued under this chapter. Where handwriting is
required to effect that appearance, the department shall supply it.
Upon the preparation and filing of the new birth record, the original
birth record and index references shall cease to be a public record.
The original record and all other information pertaining to it shall
be placed in an envelope which shall be sealed by the department, and
its contents shall not be open to inspection or copy unless so
ordered by the probate court of the county that ordered the
correction.

The
department shall promptly forward a copy of the new birth record to
the local registrar of vital statistics of the district in which the
birth occurred and the local registrar shall file a copy of the new
birth record along with and in the same manner as the other copies of
birth records in the local registrar's possession. All copies of the
original birth record, as well as any and all other papers,
documents, and index references pertaining to it, in the possession
of the local registrar shall be destroyed. The probate court shall
retain permanently in the file of its proceedings such information as
will enable the court to identify both the original birth record and
the new birth record.

The
new birth record, as well as any certified copies of it when properly
authenticated by a duly authorized person, shall be prima-facie
evidence in all courts and places of the facts therein stated.

(2)
If the correction ordered in the birth record under division (A) of
this section involves a change in the date of birth of the applicant
and the department of health determines that the corrected date of
birth is inconsistent with the date shown as the date the attending
physician
,
physician assistant,

or certified nurse-midwife signed the birth record or the date the
local registrar filed the record, the department shall request that
the court reconsider the order and, if appropriate, make a new order
in which the dates are consistent. If the court does not make a new
order within a reasonable time, instead of issuing a new birth
record, the department shall file and record the court's order in the
same manner as other birth records and make a cross-reference on the
original and on the corrected record.

(E)
The probate court shall assess costs of registering a birth or
correcting a birth record under this section against the person who
makes application for the registration or correction.

Sec.
3705.16.
(A)
For purposes of this section notwithstanding section 3705.01 of the
Revised Code, "fetal death" does not include death of the
product of human conception prior to twenty weeks of gestation.

(B)
Each death or fetal death that occurs in this state shall be
registered with the local registrar of vital statistics of the
district in which the death or fetal death occurred, by the funeral
director or other person in charge of the final disposition of the
remains. The personal and statistical information in the death or
fetal death certificate shall be obtained from the best qualified
persons or sources available, by the funeral director or other person
in charge of the final disposition of the remains. The statement of
facts relating to the disposition of the body and information
relative to the armed services referred to in section 3705.19 of the
Revised Code shall be signed by the funeral director or other person
in charge of the final disposition of the remains.

(C)(1)
For certification of the cause of death, the funeral director or
other person in charge of the final disposition of the remains shall
present the death or fetal death certificate to one of the following
individuals:

(a)
If a death or fetal death occurs under any circumstance described in
section 313.12 of the Revised Code, the coroner in the county in
which the death occurs or the medical examiner;

(b)
If a death or fetal death occurs under a circumstance other than as
described in section 313.12 of the Revised Code, the attending
physician
or
physician assistant
of
the decedent, except that, in the case of decedent who did not have
an attending physician

or physician assistant
,
the physician

or physician assistant

who, either in person or through a means of telehealth, last examined
or treated the decedent for any illness or condition.

(2)
After the death or fetal death certificate is presented, the cause of
death shall be certified and the medical certificate of death shall
be completed and signed as follows:

(a)
If the death or fetal death certificate is presented to the coroner
or medical examiner, the coroner
,

shall certify the cause of death

or a deputy coroner, medical examiner, or deputy medical examiner
serving in
an

a
capacity
equivalent

capacity,

to
the coroner
shall
certify the cause of death.

(b)
If the death or fetal death certificate is presented to the physician

or
physician assistant
described
in division (C)(1)(b) of this section, that physician

or physician assistant

shall certify the cause of death.

(3)
The medical certificate of death shall be completed and signed by the
coroner or medical examiner, physician
or
physician assistant
who
attended the decedent, or physician
or
physician assistant
who
last examined or treated the decedent, as appropriate, within
forty-eight hours after notification of the death or fetal death.

A
coroner or medical examiner may satisfy the requirement of signing a
medical certificate showing the cause of death or fetal death as
pending by signing it within forty-eight hours after notification of
the death or fetal death, provided that the coroner or medical
examiner shall sign any other medical certificate of death or
supplementary medical certification within forty-eight hours after
the cause of death has been determined.

A
physician
or
physician assistant
described
in division (C)(1)(b) of this section may satisfy the requirement of
signing a medical certificate by signing with an electronic
signature.

(D)
A coroner, medical examiner,
or

physician
,
or physician assistant

who acts in good faith in accordance with this section, without fraud
or malice, and upon reasonable belief of the cause of death or fetal
death based on the information, if any, presented is not subject to
civil liability or professional disciplinary action for any act or
omission in certifying the cause of death or in completing and
signing the medical certificate of death.

(E)
Any death certificate registered pursuant to this section shall
contain the social security number of the decedent, if available. A
social security number obtained under this section is a public record
under section 149.43 of the Revised Code.

Sec.
3705.17.
The
body of a person whose death occurs in this state shall not be
interred, deposited in a vault or tomb, cremated, or otherwise
disposed of by a funeral director until a burial permit is issued by
a local registrar or sub-registrar of vital statistics. No such
permit shall be issued by a local registrar or sub-registrar until a
satisfactory death, fetal death, or provisional death certificate is
filed with the local registrar or sub-registrar. When the medical
certification as to the cause of death cannot be provided by the
attending physician

or physician assistant

or
by
the
coroner
prior to burial, for sufficient cause, as determined by rule of the
director of health, the funeral director may file a provisional death
certificate with the local registrar or sub-registrar for the purpose
of securing a burial or burial-transit permit. When the funeral
director files a provisional death certificate to secure a burial or
burial-transit permit, the funeral director shall file a satisfactory
and complete death certificate within five days after the date of
death. The director of health, by rule, may provide additional time
for filing a satisfactory death certificate. A burial permit
authorizing cremation shall not be issued upon the filing of a
provisional certificate of death.

When
a funeral director or other person obtains a burial permit from a
local registrar or sub-registrar, the registrar or sub-registrar
shall charge a fee of ten dollars for the issuance of the burial
permit. Nine dollars and fifty cents of each fee collected for a
burial permit shall be paid into the state treasury to the credit of
the cemetery registration fund created under section 4767.03 of the
Revised Code to be used by the division of real estate and
professional licensing in the department of commerce in discharging
its duties prescribed in Chapter 4767. of the Revised Code and the
Ohio cemetery dispute resolution commission created by section
4767.05 of the Revised Code. A local registrar or sub-registrar shall
transmit payments of that portion of the amount of each fee collected
under this section to the treasurer of state on a quarterly basis or
more frequently, if possible. The director of health, by rule, shall
provide for the issuance of a burial permit without the payment of
the fee required by this section if the total cost of the burial will
be paid by an agency or instrumentality of the United States, the
state or a state agency, or a political subdivision of the state.

The
director of commerce may by rule adopted in accordance with Chapter
119. of the Revised Code reduce the total amount of the fee required
by this section and that portion of the amount of the fee required to
be paid to the credit of the division of real estate and professional
licensing for the use of the division and the Ohio cemetery dispute
resolution commission, if the director determines that the total
amount of funds the fee is generating at the amount required by this
section exceeds the amount of funds the division of real estate and
professional licensing and the commission need to carry out their
powers and duties prescribed in Chapter 4767. of the Revised Code.

No
person in charge of any premises in which interments or cremations
are made shall inter or cremate or otherwise dispose of a body,
unless it is accompanied by a burial permit. Each person in charge of
a cemetery, crematory, or other place of disposal shall indorse upon
a burial permit the date of interment, cremation, or other disposal
and shall retain such permits for a period of at least five years.
The person in charge shall keep an accurate record of all interments,
cremations, or other disposal of dead bodies, made in the premises
under the person's charge, stating the name of the deceased person,
place of death, date of burial, cremation, or other disposal, and
name and address of the funeral director. Such record shall at all
times be open to public inspection.

Sec.
3705.22.
Whenever
it is alleged that the facts stated in any birth, fetal death, or
death record filed in the department of health are not true, the
director may require satisfactory evidence to be presented in the
form of affidavits, amended records, or certificates to establish the
alleged facts. When established, the original record or certificate
shall be supplemented by the affidavit or the amended certificate or
record information.

An
affidavit in a form prescribed by the director shall be sworn to by a
person having personal knowledge of the matter sought to be
corrected. Medical certifications contained on fetal death or death
records may be corrected only by the person whose name appears on the
original record as attending physician

or physician assistant

or by the coroner of the county in which the death occurred.

The
amended birth record shall be signed by the person who attended the
birth and the informant or informants whose names appear on the
original record. The amended death or fetal death record shall be
signed by
the
following persons whose names appear on the original record:
the
physician
,
physician assistant,

or coroner
,
;
the

funeral director
,
;

and
the

informant

whose names appear on the original record
.

An
affidavit or amended record for the correction of the given name of a
person shall have the signature of the person, if the person is age
eighteen or older, or of both parents if the person is under
eighteen, except that in the case of a child born out of wedlock, the
mother's signature will suffice; in the case of the death or
incapacity of either parent, the signature of the other parent will
suffice; in the case of a child not in the custody of
his
the
child's

parents, the signature of the guardian or agency having the custody
of the child will suffice; and in the case of a child whose parents
are deceased, the signature of another person who knows the child
will suffice.

Once
a correction or amendment of an item is made on a vital record, that
item shall not be corrected or amended again except on the order of a
court of this state or the request of a court of another state or
jurisdiction.

The
director may refuse to accept an affidavit or amended certificate or
record that appears to be submitted for the purpose of falsifying the
certificate or record.

A
certified copy of a certificate or record issued by the department of
health shall show the information as originally given and the
corrected information, except that an electronically produced copy
need indicate only that the certificate or record was corrected and
the item that was corrected.

Sec.
3705.29.
(A)
No person shall do any of the following:

(1)
Purposely make any false statement in a certificate, record, or
report required by this chapter or in an application or amendment of
it, or purposely supply false information with the intent that that
information be used in the preparation of any such report, record, or
certificate, or amendment of it;

(2)
Without lawful authority and with intent to deceive, counterfeit,
alter, amend, or mutilate any certificate, record, or report required
by this chapter or any certified copy of it;

(3)
Purposely obtain, possess, use, sell, furnish, or attempt to obtain,
possess, use, sell, or furnish to another for the purpose of
deception any certificate, record, or report required by this chapter
or any certified copy of it, or any certificate, record, or report
that is counterfeit, altered, or amended or false in whole or part;

(4)
Purposely obtain, possess, use, sell, furnish, or attempt to obtain,
possess, use, sell, or furnish to another for the purpose of
deception any certificate, record, or report required by this
chapter, or any certified copy of it, that relates to the birth of
another person, whether living or dead;

(5)
Without lawful authority, possess any certificate, record, or report
required by this chapter or any copy of such a certificate, record,
or report, knowing it to have been stolen or otherwise unlawfully
obtained.

(B)
No person employed by the office of vital statistics or a local
registrar shall purposely furnish or possess a birth record or
certified copy of a birth record with intent that it be used for
deception.

(C)
No person shall do any of the following:

(1)
Purposely refuse to provide information required by this chapter or
rules adopted under it;

(2)
Purposely transport out of this state or accept for interment or
other disposition a dead body without a permit required by this
chapter;

(3)
Knowingly prepare, issue, sell, or give any record or certificate
that is alleged to be an original vital record or a certified copy of
a vital record if the person knows or has reason to know that it is
not an original vital record or a certified copy of a vital record;

(4)
Refuse to comply with the requirements of this chapter or violate any
of the provisions of this chapter.

(D)
No officer or employee of the department of health shall knowingly
reveal or provide any information contained in an adoption file
maintained by the department under section 3705.12, 3705.121,
3705.122, 3705.123, or 3705.124 of the Revised Code to any person, or
knowingly reveal or provide the contents of an adoption file to any
person, unless authorized to do so by section 3705.126 of the Revised
Code.

(E)

If
a death, or a fetal death of at least twenty weeks of gestation,
occurs under any circumstances mentioned in section 313.12 of the
Revised Code, the coroner of the county in which the death or fetal
death occurs, or a deputy coroner, medical examiner, or deputy
medical examiner serving in an equivalent capacity, shall certify the
cause of that death unless the death was reported to the coroner,
deputy coroner, medical examiner, or deputy medical examiner and that
person, after a preliminary examination, declined to assert
jurisdiction with respect to the death or fetal death
No
person shall knowingly certify a decedent's cause of death or
complete the associated medical certificate of death without being
authorized to do so under division (C) of section 3705.16 of the
Revised Code
.

(F)
No
physician
other than the coroner in the county in which a death, or a fetal
death of at least twenty weeks of gestation, occurs, or a deputy
coroner, medical examiner, or deputy medical examiner serving in an
equivalent capacity, may certify any death or fetal death that occurs
under any circumstances other than natural.

(G)
If a death, or a fetal death of at least twenty weeks of gestation,
occurs under any circumstances mentioned in section 313.12 of the
Revised Code, no
person
shall knowingly present a death or fetal death certificate for the
purpose of obtaining certification of the cause of death
or
completion of the associated medical certification of death
to
any
physician
other than the coroner in the county in which the death or fetal
death occurred, or to a deputy coroner, medical examiner, or deputy
medical examiner serving in an equivalent capacity, unless that death
or fetal death was reported to the coroner, deputy coroner, medical
examiner, or deputy medical examiner and that person, after a
preliminary examination, declined to assert jurisdiction with respect
to the death or fetal death
person
who is not authorized to do so under division (C) of section 3705.16
of the Revised Code
.

(H)
(G)

No person, with intent to defraud or knowing that the person is
facilitating a fraud, shall do either of the following:

(1)
Certify a cause of death in violation of
the
prohibition of
division
(E)
or
(F)

of this section;

(2)
Obtain or attempt to obtain a certification of the cause of a death
or fetal death in violation of
the
prohibition of
division

(G)
(F)

of this section.

Sec.
3705.30.
(A)
As used in this section:

(1)

"Certified
nurse-midwife," "clinical nurse specialist," and
"certified nurse practitioner" have the same meanings as in
section 4723.01 of the Revised Code.

(2)

"Freestanding
birthing center" has the same meaning as in section 3701.503 of
the Revised Code.

(3)
(2)

"Hospital"
has
the same meaning as in section 3722.01
means
an institution or facility licensed under Chapter 3722.
of
the Revised Code.

(4)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(B)
The director of health shall establish and, if funds for this purpose
are available, implement a statewide birth defects information system
for the collection of information concerning congenital anomalies,
stillbirths, and abnormal conditions of newborns.

(C)
If the system is implemented under division (B) of this section, all
of the following apply:

(1)
The director may require each physician,
physician
assistant,
certified
nurse-midwife, clinical nurse specialist, certified nurse
practitioner, hospital, and freestanding birthing center to report to
the system information concerning all patients under five years of
age with a primary diagnosis of a congenital anomaly or abnormal
condition. The director shall not require a hospital, freestanding
birthing center, physician,
physician
assistant,
certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner to report to the system any information that is reported
to the director or department of health under another provision of
the Revised Code or Administrative Code.

(2)
On request, each physician,
physician
assistant,
certified
nurse-midwife, clinical nurse specialist, certified nurse
practitioner, hospital, and freestanding birthing center shall give
the director or authorized employees of the department of health
access to the medical records of any patient described in division
(C)(1) of this section. The department shall pay the costs of copying
any medical records pursuant to this division.

(3)
The director may review vital statistics records and shall consider
expanding the list of congenital anomalies and abnormal conditions of
newborns reported on birth certificates pursuant to section 3705.08
of the Revised Code.

(D)
A physician,
physician
assistant,
certified
nurse-midwife, clinical nurse specialist, certified nurse
practitioner, hospital, or freestanding birthing center that provides
information to the system under division (C) of this section shall
not be subject to criminal or civil liability for providing the
information.

Sec.
3705.33.
As
used in this section, "local health department" means a
health department operated by the board of health of a city or
general health district or the authority having the duties of a board
of health under section 3709.05 of the Revised Code.

A
child's parent or legal guardian who wants information concerning the
child removed from the birth defects information system shall request
from the local health department or the child's physician,
physician
assistant,
certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner a form prepared by the director of health. On request, a
local health department, physician,
physician
assistant,
certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner shall provide the form to the child's parent or legal
guardian. The individual providing the form shall discuss with the
child's parent or legal guardian the information contained in the
system. If the child's parent or legal guardian signs the form, the
department, physician,
physician
assistant,
or
nurse shall forward it to the director. On receipt of the signed
form, the director shall remove from the system any information that
identifies the child.

Sec.
3705.35.
Not
later than one hundred eighty days after October 5, 2000, the
The

director
of health shall adopt rules in accordance with Chapter 119. of the
Revised Code to do all of the following:

(A)
Implement the birth defects information system;

(B)
Specify the types of congenital anomalies and abnormal conditions of
newborns to be reported to the system under section 3705.30 of the
Revised Code;

(C)
Establish reporting requirements for information concerning diagnosed
congenital anomalies and abnormal conditions of newborns;

(D)
Establish standards that must be met by persons or government
entities that seek access to the system;

(E)
Establish a form for use by parents or legal guardians who seek to
have information regarding their children removed from the system and
a method of distributing the form to local health departments, as
defined in section 3705.33 of the Revised Code, and to physicians,

physician
assistants,
certified
nurse-midwives, clinical nurse specialists, and certified nurse
practitioners. The method of distribution must include making the
form available on the internet.

Sec.
3705.99.
(A)
Whoever violates division (A), (B), or
(H)
(G)

of section 3705.29 of the Revised Code shall be fined not more than
ten thousand dollars or incarcerated for a term of not more than five
years, or both.

(B)
Whoever violates division (C), (E),
or

(F)
,
or (G)

of section 3705.29 of the Revised Code shall be fined not more than
one thousand dollars or incarcerated for a term of not more than one
year, or both.

(C)
Whoever violates division (D) of section 3705.29 of the Revised Code
is guilty of a misdemeanor of the third degree.

Sec.
3715.50.
(A)
As used in this section and in sections 3715.501 to 3715.505 of the
Revised Code:

(1)
"Advanced practice registered nurse" means an individual
who holds a current, valid license issued under Chapter 4723. of the
Revised Code and is designated as a clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner.

(2)
"Overdose reversal drug" has the same meaning as in section
4729.01 of the Revised Code.

(3)
"Pharmacist" means an individual licensed under Chapter
4729. of the Revised Code to practice as a pharmacist.

(4)
"Pharmacy intern" means an individual licensed under
Chapter 4729. of the Revised Code to practice as a pharmacy intern.

(5)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(6)
"Physician assistant" means an individual who is licensed
under Chapter 4730. of the Revised Code
,
holds a valid prescriber number issued by the state medical board,

and has
been
granted physician-delegated
prescriptive
authority

as provided in section 4730.15 of the Revised Code
.

(7)
"Certified mental health assistant" means an individual who
is licensed under Chapter 4772. of the Revised Code and has been
granted physician-delegated prescriptive authority.

(B)
Notwithstanding any conflicting provision of the Revised Code, any
person or government entity may purchase, possess, distribute,
dispense, personally furnish, sell, or otherwise obtain or provide an
overdose reversal drug, which includes any instrument or device used
to administer the drug, if all of the following conditions are met:

(1)
The overdose reversal drug is in its original manufacturer's
packaging.

(2)
The overdose reversal drug's packaging contains the manufacturer's
instructions for use.

(3)
The overdose reversal drug is stored in accordance with the
manufacturer's or distributor's instructions.

(C)
In addition to actions authorized by division (B) of this section,
any person or government entity may obtain and maintain a supply of
an overdose reversal drug for either or both of the following
purposes: for use in an emergency situation and for distribution
through an automated mechanism.

(1)
In the case of a supply of an overdose reversal drug obtained and
maintained for use in an emergency situation, a person or government
entity shall do all of the following:

(a)
Provide to any individual who accesses the supply instructions
regarding emergency administration of the drug, including a specific
instruction to summon emergency services as necessary;

(b)
Establish a process for replacing within a reasonable time period any
overdose reversal drug that has been accessed;

(c)
Store the overdose reversal drug in accordance with the
manufacturer's or distributor's instructions.

(2)
In the case of a supply of an overdose reversal drug obtained and
maintained for distribution through an automated mechanism, a person
or government entity shall do all of the following:

(a)
Ensure that the mechanism is securely fastened to a permanent
structure or is of an appropriate size and weight to reasonably
prevent it from being removed from its intended location;

(b)
Provide to any individual who accesses the supply instructions
regarding emergency administration of the drug, including a specific
instruction to summon emergency services as necessary;

(c)
Develop a process for monitoring and replenishing the supply
maintained in the automated mechanism;

(d)
Store the overdose reversal drug in accordance with the
manufacturer's or distributor's instructions.

(D)
If the authority granted by division (B) or (C) of this section is
exercised in good faith, the following immunities apply:

(1)
The person or government entity exercising the authority is not
subject to administrative action or criminal prosecution and is not
liable for damages in a civil action for injury, death, or loss to
person or property for an act or omission that arises from exercising
that authority.

(2)
After an overdose reversal drug has been dispensed or personally
furnished, the person or government entity is not liable for or
subject to any of the following for any act or omission of the
individual to whom the drug is dispensed or personally furnished:
damages in any civil action, prosecution in any criminal proceeding,
or professional disciplinary action.

(E)(1)
This section does not affect any other authority to issue a
prescription for, or personally furnish a supply of, an overdose
reversal drug.

(2)
This section does not eliminate, limit, or reduce any other immunity
or defense that a person or government entity may be entitled to
under section 9.86, Chapter 2744., section 4765.49, or any other
provision of the Revised Code or the common law of this state.

Sec.
3719.06.
(A)(1)
A licensed health professional authorized to prescribe drugs, if
acting in the course of professional practice, in accordance with the
laws regulating the professional's practice, and in accordance with
rules adopted by the state board of pharmacy, may, except as provided
in division (A)(2), (3), or (4) of this section, do the following:

(a)
Prescribe schedule II, III, IV, and V controlled substances;

(b)
Administer or personally furnish to patients schedule II, III, IV,
and V controlled substances;

(c)
Cause schedule II, III, IV, and V controlled substances to be
administered under the prescriber's direction and supervision.

(2)
A licensed health professional authorized to prescribe drugs who is a
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner is subject to both of the following:

(a)
A schedule II controlled substance may be prescribed only in
accordance with division (C) of section 4723.481 of the Revised Code.

(b)
No schedule II controlled substance shall be personally furnished to
any patient.

(3)
A licensed health professional authorized to prescribe drugs who is a
physician assistant is subject to
all

both

of
the following:

(a)

A
controlled substance may be prescribed or personally furnished only
if it is included in the physician-delegated prescriptive authority
granted to the physician assistant in accordance with Chapter 4730.
of the Revised Code.

(b)

A
schedule II controlled substance may be prescribed only in accordance
with
division
(B)(4) of section
sections

4730.41
and
section

4730.411
of the Revised Code.

(c)
(b)

No schedule II controlled substance shall be personally furnished to
any patient.

(4)
A licensed health professional authorized to prescribe drugs who is a
certified mental health assistant is subject to both of the
following:

(a)
A controlled substance may be prescribed or personally furnished only
in accordance with sections 4772.12 and 4772.13 of the Revised Code.

(b)
No schedule II controlled substance shall be personally furnished to
any patient.

(B)
No licensed health professional authorized to prescribe drugs shall
prescribe, administer, or personally furnish a schedule III anabolic
steroid for the purpose of human muscle building or enhancing human
athletic performance and no pharmacist shall dispense a schedule III
anabolic steroid for either purpose, unless it has been approved for
that purpose under the "Federal Food, Drug, and Cosmetic Act,"
52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.

(C)
When issuing a prescription for a schedule II controlled substance, a
licensed health professional authorized to prescribe drugs shall do
so only upon an electronic prescription, except that the prescriber
may issue a written prescription if any of the following apply:

(1)
A temporary technical, electrical, or broadband failure occurs
preventing the prescriber from issuing an electronic prescription.

(2)
The prescription is issued for a nursing home resident or hospice
care patient.

(3)
The prescriber is employed by or under contract with the same entity
that operates the pharmacy.

(4)
The prescriber determines that an electronic prescription cannot be
issued in a timely manner and the patient's medical condition is at
risk.

(5)
The prescriber issues the prescription from a health care facility,
which may include an emergency department, and reasonably determines
that an electronic prescription would be impractical for the patient
or would cause a delay that may adversely impact the patient's
medical condition.

(6)
The prescriber issues per year not more than fifty prescriptions for
schedule II controlled substances.

(7)
The prescriber is a veterinarian licensed under Chapter 4741. of the
Revised Code.

(D)
Each written or electronic prescription for a controlled substance
shall be properly executed, dated, and signed by the prescriber on
the day when issued and shall bear the full name and address of the
person for whom, or the owner of the animal for which, the controlled
substance is prescribed and the full name, address, and registry
number under the federal drug abuse control laws of the prescriber.
If the prescription is for an animal, it shall state the species of
the animal for which the controlled substance is prescribed.

Sec.
3719.064.
(A)
As used in this section:

(1)
"Medication-assisted treatment" has the same meaning as in
section 340.01 of the Revised Code.

(2)
"Prescriber" means any of the following:

(a)
An advanced practice registered nurse who holds a current, valid
license issued under Chapter 4723. of the Revised Code and is
designated as a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner;

(b)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(c)
A physician assistant who is licensed under Chapter 4730. of the
Revised Code
,
holds a valid prescriber number issued by the state medical board,

and has
been
granted physician-delegated
prescriptive
authority

as provided in section 4730.15 of the Revised Code
;

(d)
A certified mental health assistant who is licensed under Chapter
4772. of the Revised Code and has been granted physician-delegated
prescriptive authority by the physician supervising the certified
mental health assistant.

(3)
"Qualifying practitioner" has the same meaning as in
section 303(g)(2)(G)(iii) of the "Controlled Substances Act of
1970," 21 U.S.C. 823(g)(2)(G)(iii), as amended.

(B)
Before initiating medication-assisted treatment, a prescriber shall
give the patient or the patient's representative information about
all drugs approved by the United States food and drug administration
for use in medication-assisted treatment. The information must be
provided both orally and in writing. The prescriber or the
prescriber's delegate shall note in the patient's medical record when
this information was provided and make the record available to
employees of the board of nursing or state medical board on their
request.

If

the
prescriber is not a qualifying practitioner and
the
patient's choice is opioid treatment and the prescriber determines
that such treatment is clinically appropriate and meets generally
accepted standards of medicine, the prescriber shall
do
one of the following: provide the treatment, refer the patient to
another prescriber who will provide the treatment, or
refer
the patient to an opioid treatment program licensed under section
5119.37 of the Revised Code

or a qualifying practitioner
.

The

In
the case of a patient's referral, the
prescriber
or the prescriber's delegate shall make a notation in the patient's
medical record naming the
prescriber
or
program

or
practitioner
to

whom

which

the
patient was referred and specifying when the referral was made.

Sec.
3727.06.
(A)
As used in this section:

(1)

"Clinical
nurse specialist," certified nurse-midwife," and "certified
nurse practitioner" have the same meanings as in section 4723.01
of the Revised Code.

(2)

"Doctor"
means an individual authorized to practice medicine and surgery or
osteopathic medicine and surgery.

(2)
(3)
"Physician assistant" means an individual licensed to
practice as a physician assistant under Chapter 4730. of the Revised
Code.

(4)

"Podiatrist" means an individual authorized to practice
podiatric medicine and surgery.

(B)(1)
(B)

Only the following may admit a patient to a hospital:

(a)
(1)

A doctor who is a member of the hospital's medical staff;

(b)
(2)

A dentist who is a member of the hospital's medical staff;

(c)
(3)

A podiatrist who is a member of the hospital's medical staff;

(d)
(4)

A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner if all of the following conditions are met:

(i)
(a)

The clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner has a standard care arrangement entered into
pursuant to section 4723.431 of the Revised Code with a collaborating
doctor or podiatrist who is a member of the medical staff;

(ii)
(b)

The patient will be under the medical supervision of the
collaborating doctor or podiatrist;

(iii)
(c)
Prior to admitting the patient, the clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner notifies the
collaborating doctor or podiatrist of the planned admission;

(d)

The hospital has granted the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner admitting privileges
and appropriate credentials.

(e)
(5)

A physician assistant if all of the following conditions are met:

(i)
(a)

The physician assistant
is
listed on
has

a

supervision

collaboration

agreement
entered into under section
4730.19

4730.09

of
the Revised Code
for

with

a

collaborating

doctor
or podiatrist who is a member of the hospital's medical staff.

(ii)
(b)

The patient will be under the medical supervision of the
supervising

collaborating

doctor
or podiatrist.

(iii)

(c)
Prior to admitting the patient, the physician assistant notifies the
collaborating doctor or podiatrist of the planned admission.

(d)

The
hospital has granted the physician assistant admitting privileges and
appropriate credentials.

(2)
Prior to admitting a patient, a clinical nurse specialist, certified
nurse-midwife, certified nurse practitioner, or physician assistant
shall notify the collaborating or supervising doctor or podiatrist of
the planned admission.

(C)
All hospital patients shall be under the medical supervision of a
doctor, except that services that may be rendered by a licensed
dentist pursuant to Chapter 4715. of the Revised Code provided to
patients admitted solely for the purpose of receiving such services
shall be under the supervision of the admitting dentist and that
services that may be rendered by a podiatrist pursuant to section
4731.51 of the Revised Code provided to patients admitted solely for
the purpose of receiving such services shall be under the supervision
of the admitting podiatrist. If treatment not within the scope of
Chapter 4715. or section 4731.51 of the Revised Code is required at
the time of admission by a dentist or podiatrist, or becomes
necessary during the course of hospital treatment by a dentist or
podiatrist, such treatment shall be under the supervision of a doctor
who is a member of the medical staff. It shall be the responsibility
of the admitting dentist or podiatrist to make arrangements with a
doctor who is a member of the medical staff to be responsible for the
patient's treatment outside the scope of Chapter 4715. or section
4731.51 of the Revised Code when necessary during the patient's stay
in the hospital.

Sec.
3727.70.
As
used in this section and sections 3727.71 to 3727.79 of the Revised
Code:

(A)
"Admission" means a patient's admission to a hospital on an
inpatient basis by a health care professional specified in division

(B)(1)
(B)

of section 3727.06 of the Revised Code.

(B)
"After-care" means assistance provided by a lay caregiver
to a patient in the patient's residence after the patient's discharge
and includes only the caregiving needs of the patient at the time of
discharge.

(C)
"Discharge" means the discharge or release of a patient who
has been admitted to a hospital on an inpatient basis from the
hospital directly to the patient's residence. "Discharge"
does not include the transfer of a patient to another facility or
setting.

(D)
"Discharging health care professional" means a health care
professional who is authorized by division
(B)(1)
(B)

of section 3727.06 of the Revised Code to admit a patient to a
hospital and who has assumed responsibility for directing the
creation of the patient's discharge plan under section 3727.75 of the
Revised Code.

(E)
"Guardian" has the same meaning as in section 2133.01 of
the Revised Code.

(F)
"Lay caregiver" means an adult designated under section
3727.71 of the Revised Code to provide after-care to a patient.

(G)
"Lay caregiver designation" means the designation of a lay
caregiver for a patient as described in section 3727.71 of the
Revised Code.

(H)(1)
"Patient's residence" means either of the following:

(a)
The dwelling that a patient or the patient's guardian considers to be
the patient's home;

(b)
The dwelling of a relative or other individual who has agreed to
temporarily house the patient following discharge and who has
communicated this fact to hospital staff.

(2)
"Patient's residence" does not include any of the
following:

(a)
A hospital;

(b)
A nursing home, residential care facility, county home, or district
home, as defined in section 3721.01 of the Revised Code;

(c)
A veterans' home operated under Chapter 5907. of the Revised Code;

(d)
A residential facility, as defined in section 5119.34 of the Revised
Code;

(e)
A residential facility, as defined in section 5123.19 of the Revised
Code;

(f)
A hospice care program, as defined in section 3712.01 of the Revised
Code;

(g)
A freestanding inpatient rehabilitation facility licensed under
section 3702.30 of the Revised Code;

(h)
Another facility similar to one specified in this division.

Sec.
3728.01.
As
used in this chapter:

(A)
"Administer epinephrine" means to inject an individual with
epinephrine using an autoinjector in a manufactured dosage form.

(B)
"Peace officer" has the same meaning as in section 109.71
of the Revised Code and also includes a sheriff.

(C)
"Prescriber" means an individual who is authorized by law
to prescribe drugs or dangerous drugs or drug therapy related devices
in the course of the individual's professional practice, including
only the following:

(1)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a certificate to prescribe issued under
section 4723.48 of the Revised Code;

(2)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(3)
A physician assistant who is licensed under Chapter 4730. of the
Revised Code
,
holds a valid prescriber number issued by the state medical board,

and has
been
granted physician-delegated
prescriptive
authority

as provided in section 4730.15 of the Revised Code
.

(D)
"Qualified entity" means either of the following:

(1)
Any public or private entity that is associated with a location where
allergens capable of causing anaphylaxis may be present, including
child care centers, colleges and universities, places of employment,
restaurants, amusement parks, recreation camps, sports playing fields
and arenas, and other similar locations, except that "qualified
entity" does not include either of the following:

(a)
A chartered or nonchartered nonpublic school; community school;
science, technology, engineering, and mathematics school;
college-preparatory boarding school; or a school operated by the
board of education of a city, local, exempted village, or joint
vocational school district, as those entities are otherwise
authorized to procure epinephrine autoinjectors pursuant to sections
3313.7110, 3313.7111, 3314.143, 3326.28, or 3328.29 of the Revised
Code;

(b)
A camp described in section 5180.26 of the Revised Code that is
authorized to procure epinephrine autoinjectors pursuant to that
section;

(2)
Either of the following served by a peace officer: a law enforcement
agency or other entity described in division (A) of section 109.71 of
the Revised Code.

Sec.
3902.65.
(A)
As used in this section, "physician assistant" means an
individual who is licensed to practice as a physician assistant under
Chapter 4730. of the Revised Code.

(B)
A health plan issuer shall provide payment or reimbursement to a
physician assistant for providing a health care service to a patient
in the same manner that it provides payment or reimbursement to any
other health care provider for providing a health care service that
is the equivalent of the health care service provided by the
physician assistant, as long as the covered person's health benefit
plan includes coverage of that type of health care service.

Sec.
4723.36.
(A)
A certified nurse-midwife, certified nurse practitioner, or clinical
nurse specialist may determine and pronounce an individual's death.

(B)(1)
(B)

A registered nurse who is not described in division (A) of this
section may determine and pronounce an individual's death, but only
if the individual's respiratory and circulatory functions are not
being artificially sustained and, at the time the determination and
pronouncement of death is made, the registered nurse is providing or
supervising the individual's care through a hospice care program
licensed under Chapter 3712. of the Revised Code or any other entity
that provides palliative care.

(2)
(C)

A
registered

nurse
who determines and pronounces an individual's death under division

(B)(1)
(A)
or (B)

of this section shall comply with both of the following:

(a)
(1)

The nurse shall not complete any portion of the individual's death
certificate.

(b)
(2)

The nurse shall notify the individual's attending physician
,
certified nurse-midwife, certified nurse practitioner, or clinical
nurse specialist

or
physician assistant
of
the determination and pronouncement of death in order for the
physician
,
certified nurse-midwife, certified nurse practitioner, or clinical
nurse specialist

or
physician assistant
to
fulfill the physician's
,
certified nurse-midwife's, certified nurse practitioner's, or
clinical nurse specialist's

or
physician assistant's
duties
under section 3705.16 of the Revised Code. The nurse shall provide
the notification within a period of time that is reasonable but not
later than twenty-four hours following the determination and
pronouncement of the individual's death.

Sec.
4725.27.
The
testimony and reports of an optometrist licensed by the state vision
professionals board under this chapter shall be received by any
state, county, municipal, school district, or other public board,
body, agency, institution, or official and by any private educational
or other institution receiving public funds as competent evidence
with respect to any matter within the scope of the practice of
optometry. No such board, body, agency, official, or institution
shall interfere with any individual's right to a free choice of
receiving services from
either

an
optometrist

or a
,

physician
,
or physician assistant
.
No such board, body, agency, official, or institution shall
discriminate against an optometrist performing procedures that are
included in the practice of optometry as provided in section 4725.01
of the Revised Code if the optometrist is licensed under this chapter
to perform those procedures.

Sec.
4725.40.
As
used in sections 4725.40 to 4725.59 of the Revised Code:

(A)
"Optical aid" means both of the following:

(1)
Spectacles or other instruments or devices that are not contact
lenses, if the spectacles or other instruments or devices may aid or
correct human vision and have been prescribed by a physician or
optometrist licensed by any state;

(2)
Contact lenses, regardless of whether they address visual function,
if they are designed to fit over the cornea of the eye or are
otherwise designed for use in or on the eye or orbit.

All
contact lenses shall be dispensed only in accordance with a valid
written prescription designated for contact lenses, including the
following:

(a)
Zero-powered plano contact lenses;

(b)
Cosmetic contact lenses;

(c)
Performance-enhancing contact lenses;

(d)
Any other contact devices determined by the state vision
professionals board to be contact lenses.

(B)
"Optical dispensing" means interpreting but not altering a
prescription of a licensed physician or optometrist and designing,
adapting, fitting, or replacing the prescribed optical aids, pursuant
to such prescription, to or for the intended wearer; duplicating
lenses, other than contact lenses, accurately as to power without a
prescription; and duplicating nonprescription eyewear and parts of
eyewear. "Optical dispensing" does not include selecting
frames, placing an order for the delivery of an optical aid,
transacting a sale, transferring an optical aid to the wearer after
an optician has completed fitting it, or providing instruction in the
general care and use of an optical aid, including placement, removal,
hygiene, or cleaning.

(C)
"Licensed dispensing optician" means a person holding a
current, valid license issued under sections 4725.48 to 4725.51 of
the Revised Code that authorizes the person to engage in optical
dispensing. Nothing in this chapter shall be construed to permit a
licensed dispensing optician to alter the specifications of a
prescription.

(D)
"Licensed spectacle dispensing optician" means a licensed
dispensing optician authorized to engage in both of the following:

(1)
The dispensing of optical aids other than contact lenses;

(2)
The dispensing of prepackaged soft contact lenses in accordance with
section 4725.411 of the Revised Code.

(E)
"Licensed spectacle-contact lens dispensing optician" means
a licensed dispensing optician authorized to engage in the dispensing
of any optical aid.

(F)
"Apprentice" means any person dispensing optical aids under
the direct supervision of a licensed dispensing optician.

(G)
"Prescription" means the written or verbal directions or
instructions
as
specified by a physician or optometrist licensed by any state
for
preparing an optical aid for a patient
,
as those directions or instructions are specified by any of the
following who are licensed by any state: an optometrist, physician,
or physician assistant
.

(H)
"Supervision" means the provision of direction and control
through personal inspection and evaluation of work.

Sec.
4725.53.
(A)
Except as provided in division (D) of this section, the state vision
professionals board, by a majority vote of its members, may refuse to
grant a license and, in accordance with Chapter 119. of the Revised
Code, may suspend or revoke the license of a licensed dispensing
optician or impose a fine or order restitution pursuant to division
(B) of this section on any of the following grounds:

(1)
Conviction of a crime involving moral turpitude or a disqualifying
offense as those terms are defined in section 4776.10 of the Revised
Code;

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

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

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

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

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

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

(8)
Permitting another person to use the licensee's license;

(9)
Engaging in optical dispensing not pursuant to the prescription of a

licensed
physician or
licensed
optometrist,
licensed
physician, or licensed physician assistant,
but
nothing in this section shall prohibit the duplication or replacement
of previously prepared optical aids, except contact lenses shall not
be duplicated or replaced without a written prescription;

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

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

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

(13)
Violating the code of ethical conduct adopted under section 4725.66
of the Revised Code.

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

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

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

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

(D)
The board shall not refuse to grant a license to an applicant because
of a conviction unless the refusal is in accordance with section 9.79
of the Revised Code.

(E)
If a violation described in this section has caused, is causing, or
is about to cause substantial and material harm, the board may issue
an order requiring that person to cease and desist from engaging in
the violation. Notice of the order shall be mailed by certified mail,
return receipt requested, immediately after its issuance to the
person subject to the order and to all persons known to be involved
in the violation. The board may thereafter publicize or otherwise
make known to all interested parties that the order has been issued.

The
notice shall specify the particular act, omission, practice, or
transaction that is subject to the cease-and-desist order and shall
set a date, not more than fifteen days after the date of the order,
for a hearing on the continuation or revocation of the order. The
person shall comply with the order immediately upon receipt of notice
of the order.

The
board may, on the application of a party and for good cause shown,
continue the hearing. Chapter 119. of the Revised Code applies to the
hearing to the extent that that chapter does not conflict with the
procedures set forth in this section. The board shall, within fifteen
days after objections are submitted to the hearing officer's report
and recommendation, issue a final order either confirming or revoking
the cease-and-desist order. The final order may be appealed as
provided under section 119.12 of the Revised Code.

The
remedy under this division is cumulative and concurrent with the
other remedies available under this section or section 4725.54 of the
Revised Code.

Sec.
4725.56.
No
licensed dispensing optician, or employee or agent of a licensed
dispensing optician shall pay or offer to pay a rebate or commission
of any nature, or offer any other thing of value, to a
licensed
physician or
licensed
optometrist
,
licensed physician, or licensed physician assistant

for referring patients to the licensed dispensing optician.

Sec.
4725.59.
(A)
Sections 4725.40 to 4725.59 of the Revised Code do not apply to:

(1)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery, or
to persons while in the employment and under the supervision of
a

physician at the physician's office;

(2)
An optometrist licensed under sections 4725.01 to 4725.34 of the
Revised Code, or to persons while in the employment and under the
supervision of an optometrist at the optometrist's office
;

(3)
A physician assistant licensed under Chapter 4730. of the Revised
Code
.

(B)
Nothing in sections 4725.40 to 4725.59 of the Revised Code shall
prevent or restrict any individual, firm, or corporation from
employing or from engaging in optical dispensing through persons
licensed or registered under such sections.

Sec.
4729.01.
As
used in this chapter:

(A)
"Pharmacy," except when used in a context that refers to
the practice of pharmacy, means any area, room, rooms, place of
business, department, or portion of any of the foregoing where the
practice of pharmacy is conducted.

(B)
"Practice of pharmacy" means providing pharmacist care
requiring specialized knowledge, judgment, and skill derived from the
principles of biological, chemical, behavioral, social,
pharmaceutical, and clinical sciences. As used in this division,
"pharmacist care" includes the following:

(1)
Interpreting prescriptions;

(2)
Dispensing drugs and drug therapy related devices;

(3)
Compounding drugs;

(4)
Counseling individuals with regard to their drug therapy,
recommending drug therapy related devices, and assisting in the
selection of drugs and appliances for treatment of common diseases
and injuries and providing instruction in the proper use of the drugs
and appliances;

(5)
Performing drug regimen reviews with individuals by discussing all of
the drugs that the individual is taking and explaining the
interactions of the drugs;

(6)
Performing drug utilization reviews with licensed health
professionals authorized to prescribe drugs when the pharmacist
determines that an individual with a prescription has a drug regimen
that warrants additional discussion with the prescriber;

(7)
Advising an individual and the health care professionals treating an
individual with regard to the individual's drug therapy;

(8)
Acting pursuant to a consult agreement, if an agreement has been
established;

(9)
Engaging in the administration of immunizations to the extent
authorized by section 4729.41 of the Revised Code;

(10)
Engaging in the administration of drugs to the extent authorized by
section 4729.45 of the Revised Code.

(C)
"Compounding" means the preparation, mixing, assembling,
packaging, and labeling of one or more drugs in any of the following
circumstances:

(1)
Pursuant to a prescription issued by a licensed health professional
authorized to prescribe drugs;

(2)
Pursuant to the modification of a prescription made in accordance
with a consult agreement;

(3)
As an incident to research, teaching activities, or chemical
analysis;

(4)
In anticipation of orders for drugs pursuant to prescriptions, based
on routine, regularly observed dispensing patterns;

(5)
Pursuant to a request made by a licensed health professional
authorized to prescribe drugs for a drug that is to be used by the
professional for the purpose of direct administration to patients in
the course of the professional's practice, if all of the following
apply:

(a)
At the time the request is made, the drug is not commercially
available regardless of the reason that the drug is not available,
including the absence of a manufacturer for the drug or the lack of a
readily available supply of the drug from a manufacturer.

(b)
A limited quantity of the drug is compounded and provided to the
professional.

(c)
The drug is compounded and provided to the professional as an
occasional exception to the normal practice of dispensing drugs
pursuant to patient-specific prescriptions.

(D)
"Consult agreement" means an agreement that has been
entered into under section 4729.39 of the Revised Code.

(E)
"Drug" means:

(1)
Any article recognized in the United States pharmacopoeia and
national formulary, or any supplement to them, intended for use in
the diagnosis, cure, mitigation, treatment, or prevention of disease
in humans or animals;

(2)
Any other article intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or animals;

(3)
Any article, other than food, intended to affect the structure or any
function of the body of humans or animals;

(4)
Any article intended for use as a component of any article specified
in division (E)(1), (2), or (3) of this section; but does not include
devices or their components, parts, or accessories.

"Drug"
does not include "hemp" as that term is defined in section
928.01 of the Revised Code.

(F)
"Dangerous drug" means any of the following:

(1)
Any drug to which either of the following applies:

(a)
Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat.
1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to
bear a label containing the legend "Caution: Federal law
prohibits dispensing without prescription" or "Caution:
Federal law restricts this drug to use by or on the order of a
licensed veterinarian" or any similar restrictive statement, or
the drug may be dispensed only upon a prescription;

(b)
Under Chapter 3715. or 3719. of the Revised Code, the drug may be
dispensed only upon a prescription.

(2)
Any drug that contains a schedule V controlled substance and that is
exempt from Chapter 3719. of the Revised Code or to which that
chapter does not apply;

(3)
Any drug intended for administration by injection into the human body
other than through a natural orifice of the human body;

(4)
Any drug that is a biological product, as defined in section 3715.01
of the Revised Code.

(G)
"Federal drug abuse control laws" has the same meaning as
in section 3719.01 of the Revised Code.

(H)
"Prescription" means all of the following:

(1)
A written, electronic, or oral order for drugs or combinations or
mixtures of drugs to be used by a particular individual or for
treating a particular animal, issued by a licensed health
professional authorized to prescribe drugs;

(2)
For purposes of sections 4723.4810, 4729.282, 4730.432, and 4731.93
of the Revised Code, a written, electronic, or oral order for a drug
to treat chlamydia, gonorrhea, or trichomoniasis issued to and in the
name of a patient who is not the intended user of the drug but is the
sexual partner of the intended user;

(3)
For purposes of sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 4723.483, 4729.88, 4730.433, 4731.96, and 5180.26 of the
Revised Code, a written, electronic, or oral order for an epinephrine
autoinjector issued to and in the name of a school, school district,
or camp;

(4)
For purposes of Chapter 3728. and sections 4723.483, 4729.88,
4730.433, and 4731.96 of the Revised Code, a written, electronic, or
oral order for an epinephrine autoinjector issued to and in the name
of a qualified entity, as defined in section 3728.01 of the Revised
Code;

(5)
For purposes of sections 3313.7115, 3313.7116, 3314.147, 3326.60,
3328.38, 4723.4811, 4730.437, 4731.92, and 5180.262 of the Revised
Code, a written, electronic, or oral order for injectable or nasally
administered glucagon in the name of a school, school district, or
camp.

(I)
"Licensed health professional authorized to prescribe drugs"
or "prescriber" means an individual who is authorized by
law to prescribe drugs or dangerous drugs or drug therapy related
devices in the course of the individual's professional practice,
including only the following:

(1)
A dentist licensed under Chapter 4715. of the Revised Code;

(2)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a current, valid license issued under
Chapter 4723. of the Revised Code to practice nursing as an advanced
practice registered nurse;

(3)
A certified registered nurse anesthetist who holds a current, valid
license issued under Chapter 4723. of the Revised Code to practice
nursing as an advanced practice registered nurse, but only to the
extent of the nurse's authority under section 4723.43 of the Revised
Code;

(4)
An optometrist licensed under Chapter 4725. of the Revised Code to
practice optometry;

(5)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(6)
A physician assistant who holds a license to practice as a physician
assistant issued under Chapter 4730. of the Revised Code
,
holds a valid prescriber number issued by the state medical board,

and has
been
granted physician-delegated
prescriptive
authority

as provided in section 4730.15 of the Revised Code
;

(7)
A veterinarian licensed under Chapter 4741. of the Revised Code;

(8)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code who has been granted physician-delegated
prescriptive authority by the physician supervising the certified
mental health assistant.

(J)
"Sale" or "sell" includes any transaction made by
any person, whether as principal proprietor, agent, or employee, to
do or offer to do any of the following: deliver, distribute, broker,
exchange, gift or otherwise give away, or transfer, whether the
transfer is by passage of title, physical movement, or both.

(K)
"Wholesale sale" and "sale at wholesale" mean any
sale in which the purpose of the purchaser is to resell the article
purchased or received by the purchaser.

(L)
"Retail sale" and "sale at retail" mean any sale
other than a wholesale sale or sale at wholesale.

(M)
"Retail seller" means any person that sells any dangerous
drug to consumers without assuming control over and responsibility
for its administration. Mere advice or instructions regarding
administration do not constitute control or establish responsibility.

(N)
"Price information" means the price charged for a
prescription for a particular drug product and, in an easily
understandable manner, all of the following:

(1)
The proprietary name of the drug product;

(2)
The established (generic) name of the drug product;

(3)
The strength of the drug product if the product contains a single
active ingredient or if the drug product contains more than one
active ingredient and a relevant strength can be associated with the
product without indicating each active ingredient. The established
name and quantity of each active ingredient are required if such a
relevant strength cannot be so associated with a drug product
containing more than one ingredient.

(4)
The dosage form;

(5)
The price charged for a specific quantity of the drug product. The
stated price shall include all charges to the consumer, including,
but not limited to, the cost of the drug product, professional fees,
handling fees, if any, and a statement identifying professional
services routinely furnished by the pharmacy. Any mailing fees and
delivery fees may be stated separately without repetition. The
information shall not be false or misleading.

(O)
"Wholesale distributor of dangerous drugs" or "wholesale
distributor" means a person engaged in the sale of dangerous
drugs at wholesale and includes any agent or employee of such a
person authorized by the person to engage in the sale of dangerous
drugs at wholesale.

(P)
"Manufacturer of dangerous drugs" or "manufacturer"
means a person, other than a pharmacist or prescriber, who
manufactures dangerous drugs and who is engaged in the sale of those
dangerous drugs.

(Q)
"Terminal distributor of dangerous drugs" or "terminal
distributor" means a person who is engaged in the sale of
dangerous drugs at retail, or any person, other than a manufacturer,
repackager, outsourcing facility, third-party logistics provider,
wholesale distributor, or pharmacist, who has possession, custody, or
control of dangerous drugs for any purpose other than for that
person's own use and consumption. "Terminal distributor"
includes pharmacies, hospitals, nursing homes, and laboratories and
all other persons who procure dangerous drugs for sale or other
distribution by or under the supervision of a pharmacist, licensed
health professional authorized to prescribe drugs, or other person
authorized by the state board of pharmacy.

(R)
"Promote to the public" means disseminating a
representation to the public in any manner or by any means, other
than by labeling, for the purpose of inducing, or that is likely to
induce, directly or indirectly, the purchase of a dangerous drug at
retail.

(S)
"Person" includes any individual, partnership, association,
limited liability company, or corporation, the state, any political
subdivision of the state, and any district, department, or agency of
the state or its political subdivisions.

(T)(1)
"Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the Revised
Code or a dog pound operated pursuant to Chapter 955. of the Revised
Code.

(2)
"County dog warden" means a dog warden or deputy dog warden
appointed or employed under section 955.12 of the Revised Code.

(3)
"Wild animal rehabilitation facility" means a facility that
holds a permit issued by the chief of the division of wildlife for
rehabilitation purposes in accordance with section 1533.08 of the
Revised Code or rules adopted by the chief.

(U)
"Food" has the same meaning as in section 3715.01 of the
Revised Code.

(V)
"Pain management clinic" has the same meaning as in section
4731.054 of the Revised Code.

(W)
"Investigational drug or product" means a drug or product
that has successfully completed phase one of the United States food
and drug administration clinical trials and remains under clinical
trial, but has not been approved for general use by the United States
food and drug administration. "Investigational drug or product"
does not include controlled substances in schedule I, as defined in
section 3719.01 of the Revised Code.

(X)
"Product," when used in reference to an investigational
drug or product, means a biological product, other than a drug, that
is made from a natural human, animal, or microorganism source and is
intended to treat a disease or medical condition.

(Y)
"Third-party logistics provider" means a person that
provides or coordinates warehousing or other logistics services
pertaining to dangerous drugs including distribution, on behalf of a
manufacturer, wholesale distributor, or terminal distributor of
dangerous drugs, but does not take ownership of the drugs or have
responsibility to direct the sale or disposition of the drugs.

(Z)
"Repackager of dangerous drugs" or "repackager"
means a person that repacks and relabels dangerous drugs for sale or
distribution.

(AA)
"Outsourcing facility" means a facility that is engaged in
the compounding and sale of sterile drugs and is registered as an
outsourcing facility with the United States food and drug
administration.

(BB)
"Laboratory" means a laboratory licensed under this chapter
as a terminal distributor of dangerous drugs and entrusted to have
custody of any of the following drugs and to use the drugs for
scientific and clinical purposes and for purposes of instruction:
dangerous drugs that are not controlled substances, as defined in
section 3719.01 of the Revised Code; dangerous drugs that are
controlled substances, as defined in that section; and controlled
substances in schedule I, as defined in that section.

(CC)
"Overdose reversal drug" means both of the following:

(1)
Naloxone;

(2)
Any other drug that the state board of pharmacy, through rules
adopted in accordance with Chapter 119. of the Revised Code,
designates as a drug that is approved by the federal food and drug
administration for the reversal of a known or suspected
opioid-related overdose.

Sec.
4729.39.
(A)
As used in this section:

(1)
"Certified nurse practitioner," "certified
nurse-midwife," "clinical nurse specialist," and
"standard care arrangement" have the same meanings as in
section 4723.01 of the Revised Code.

(2)

"Collaborating
physician" means a physician who has entered into a standard
care arrangement with a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner.

(3)

"Physician"
means an individual authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery.

(4)
(3)

"Physician assistant" means an individual who is licensed
to practice as a physician assistant under Chapter 4730. of the
Revised Code
,
holds a valid prescriber number issued by the state medical board,

and has
been
granted physician-delegated
prescriptive
authority

as provided in section 4730.15 of the Revised Code
.

(5)
"Supervising physician" means a physician who has entered
into a supervision agreement with a physician assistant under section
4730.19 of the Revised Code.

(B)
Subject to division (C) of this section, one or more pharmacists may
enter into a consult agreement with one or more of the following
practitioners:

(1)

Physicians
A
physician
;

(2)

Physician
assistants
A
physician assistant
,
if entering into a consult agreement is authorized by one or more

supervising

of
the collaborating
physicians

who have entered into a collaboration agreement with the physician
assistant under section 4730.09 of the Revised Code
;

(3)

Clinical

A
clinical
nurse

specialists
specialist
,
certified
nurse-midwives
nurse-midwife
,
or certified nurse
practitioners
practitioner
,
if entering into a consult agreement is authorized by one or more
of
the
collaborating
physicians

who have entered into a standard care arrangement with the nurse
under section 4723.431 of the Revised Code
.

(C)
Before entering into a consult agreement, all of the following
conditions must be met:

(1)
Each practitioner must have an ongoing practitioner-patient
relationship with each patient whose drug therapy is to be managed.

(2)
The diagnosis for which each patient has been prescribed drug therapy
must be within the scope of each practitioner's practice.

(3)
Each pharmacist must have training and experience related to the
particular diagnosis for which drug therapy is to be prescribed.

(D)
With respect to consult agreements, all of the following apply:

(1)
Under a consult agreement, a pharmacist is authorized to do both of
the following, but only to the extent specified in the agreement,
this section, and the rules adopted under this section:

(a)
Manage drug therapy for treatment of specified diagnoses or diseases
for each patient who is subject to the agreement, including all of
the following:

(i)
Changing the duration of treatment for the current drug therapy;

(ii)
Adjusting a drug's strength, dose, dosage form, frequency of
administration, or route of administration;

(iii)
Discontinuing the use of a drug;

(iv)
Administering a drug;

(v)
Notwithstanding the definition of "licensed health professional
authorized to prescribe drugs" in section 4729.01 of the Revised
Code, adding a drug to the patient's drug therapy.

(b)(i)
Order laboratory and diagnostic tests, including blood and urine
tests, that are related to the drug therapy being managed, and
evaluate the results of the tests that are ordered.

(ii)
A pharmacist's authority to evaluate test results under division
(D)(1)(b)(i) of this section does not authorize the pharmacist to
make a diagnosis.

(2)(a)
A consult agreement, or the portion of the agreement that applies to
a particular patient, may be terminated by any of the following:

(i)
A pharmacist who entered into the agreement;

(ii)
A practitioner who entered into the agreement;

(iii)
A patient whose drug therapy is being managed;

(iv)
An individual who consented to the treatment on behalf of a patient
or an individual authorized to act on behalf of a patient.

(b)
The pharmacist or practitioner who receives the notice of a patient's
termination of the agreement shall provide written notice to every
other pharmacist or practitioner who is a party to the agreement. A
pharmacist or practitioner who terminates a consult agreement with
regard to one or more patients shall provide written notice to all
other pharmacists and practitioners who entered into the agreement
and to each individual who consented to treatment under the
agreement. The termination of a consult agreement with regard to one
or more patients shall be recorded by the pharmacist and practitioner
in the medical records of each patient to whom the termination
applies.

(3)
A consult agreement shall be made in writing and shall include all of
the following:

(a)
The diagnoses and diseases being managed under the agreement,
including whether each disease is primary or comorbid;

(b)
A description of the drugs or drug categories the agreement involves;

(c)
A description of the procedures, decision criteria, and plan the
pharmacist is to follow in acting under a consult agreement;

(d)
A description of how the pharmacist is to comply with divisions
(D)(5) and (6) of this section.

(4)
The content of a consult agreement shall be communicated to each
patient whose drug therapy is managed under the agreement.

(5)
A pharmacist acting under a consult agreement shall maintain a record
of each action taken for each patient whose drug therapy is managed
under the agreement.

(6)
Communication between a pharmacist and practitioner acting under a
consult agreement shall take place at regular intervals specified by
the primary practitioner acting under the agreement. The agreement
may include a requirement that a pharmacist send a consult report to
each consulting practitioner.

(7)
A consult agreement is effective for two years and may be renewed if
the conditions specified in division (C) of this section continue to
be met.

(8)
A consult agreement does not permit a pharmacist to manage drug
therapy prescribed by a practitioner who has not entered into the
agreement.

(E)
The state board of pharmacy, state medical board, and board of
nursing shall each adopt rules as follows for its license holders
establishing standards and procedures for entering into a consult
agreement and managing a patient's drug therapy under a consult
agreement:

(1)
The state board of pharmacy, in consultation with the state medical
board and board of nursing, shall adopt rules to be followed by
pharmacists.

(2)
The state medical board, in consultation with the state board of
pharmacy, shall adopt rules to be followed by physicians and rules to
be followed by physician assistants.

(3)
The board of nursing, in consultation with the state board of
pharmacy and state medical board, shall adopt rules to be followed by
clinical nurse specialists, certified nurse-midwives, and certified
nurse practitioners.

The
boards shall specify in the rules any categories of drugs or types of
diseases for which a consult agreement may not be established. Each
board may adopt any other rules it considers necessary for the
implementation and administration of this section. All rules adopted
under this section shall be adopted in accordance with Chapter 119.
of the Revised Code.

(F)(1)
Subject to division (F)(2) of this section, both of the following
apply:

(a)
A pharmacist acting in accordance with a consult agreement regarding
a practitioner's change in a drug for a patient whose drug therapy
the pharmacist is managing under the agreement is not liable in
damages in a tort or other civil action for injury or loss to person
or property allegedly arising from the change.

(b)
A practitioner acting in accordance with a consult agreement
regarding a pharmacist's change in a drug for a patient whose drug
therapy the pharmacist is managing under a consult agreement is not
liable in damages in a tort or other civil action for injury or loss
to person or property allegedly arising from the change unless the
practitioner authorized the specific change.

(2)
Division (F)(1) of this section does not limit a practitioner's or
pharmacist's liability in damages in a tort or other civil action for
injury or loss to person or property allegedly arising from actions
that are not related to the practitioner's or pharmacist's change in
a drug for a patient whose drug therapy is being managed under a
consult agreement.

Sec.
4730.01.
As
used in this chapter:

(A)
"Physician" means an individual who is authorized under
Chapter 4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(B)
"Health care facility" means any of the following:

(1)
A hospital
registered
with
licensed
by
the
department of health under
section
3701.07
Chapter
3722.
of
the Revised Code;

(2)
A health care facility licensed by the department of health under
section 3702.30 of the Revised Code;

(3)
Any other facility designated by the state medical board in rules
adopted pursuant to division (B) of section 4730.08 of the Revised
Code.

(C)

"Service"
"Medical
service" or "service"

means a medical activity that requires training in the diagnosis,
treatment, or prevention of disease.

(D)
"Prescriptive authority" means the authority to prescribe
drugs and therapeutic devices.

Sec.
4730.02.
Except
as provided in sections 4730.021 and 4730.03 of the Revised Code:

(A)
No person shall hold that person out as being able to function as a
physician assistant, or use any words or letters indicating or
implying that the person is a physician assistant, without a current,
valid license to practice as a physician assistant issued pursuant to
this chapter.

(B)
No person shall practice as a physician assistant
without
the supervision, control, and direction of a physician
in
a manner that is inconsistent with section 4730.08 of the Revised
Code
.

(C)

No
person shall practice as a physician assistant without having entered
into a supervision agreement with a supervising physician under
section 4730.19 of the Revised Code.

(D)
No person acting as the supervising physician of a physician
assistant shall authorize the physician assistant to perform services
if either of the following is the case:

(1)
The services are not within the physician's normal course of practice
and expertise;

(2)
The services are inconsistent with the supervision agreement under
which the physician assistant is being supervised, including, if
applicable, the policies of the health care facility in which the
physician and physician assistant are practicing.

(E)

No person practicing as a physician assistant shall prescribe any
drug or device to perform or induce an abortion, or otherwise perform
or induce an abortion.

(F)
No person shall advertise to provide services as a physician
assistant, except for the purpose of seeking employment.

(G)

(D)

No
person practicing as a physician assistant shall fail to wear at all
times when on duty a placard, plate, or other device identifying that
person as a "physician assistant."

(H)
Division (A) of this section does not apply to a person who meets all
of the following conditions:

(1)
The person holds in good standing a valid license or other form of
authority to practice as a physician assistant issued by another
state.

(2)
The person is practicing as a volunteer without remuneration during a
charitable event that lasts not more than seven days.

(3)
The medical care provided by the person will be supervised by the
medical director of the charitable event or by another physician.

When
a person meets the conditions of this division, the person shall be
deemed to hold, during the course of the charitable event, a license
to practice as a physician assistant from the state medical board and
shall be subject to the provisions of this chapter authorizing the
board to take disciplinary action against a license holder. Not less
than seven calendar days before the first day of the charitable
event, the person or the event's organizer shall notify the board of
the person's intent to practice as a physician assistant at the
event. During the course of the charitable event, the person's scope
of practice is limited to the procedures that a physician assistant
licensed under this chapter is authorized to perform unless the
person's scope of practice in the other state is more restrictive
than in this state. If the latter is the case, the person's scope of
practice is limited to the procedures that a physician assistant in
the other state may perform.

Sec.
4730.021.
(A)
Division (A) of section 4730.02 of the Revised Code does not apply to
a person who meets all of the following conditions:

(1)
The person holds in good standing a valid license or other form of
authority to practice as a physician assistant issued by another
state.

(2)
The person is practicing as a volunteer without remuneration during a
charitable event that lasts not more than seven days.

(3)
The medical care provided by the person will be supervised by the
medical director of the charitable event or by another physician.

(B)
When a person meets the conditions of division (A) of this section,
the person shall be deemed to hold, during the course of the
charitable event, a license to practice as a physician assistant from
the state medical board and is subject to the provisions of this
chapter authorizing the board to take disciplinary action against a
license holder.

Not
less than seven calendar days before the first day of the charitable
event, the person or the event's organizer shall notify the board of
the person's intent to practice as a physician assistant at the
event.

During
the course of the charitable event, the person's scope of practice is
limited to the procedures that a physician assistant licensed under
this chapter is authorized to perform, unless the person's scope of
practice in the other state is more restrictive than in this state.
If the latter is the case, the person's scope of practice is limited
to the procedures that a physician assistant in the other state may
perform.

Sec.
4730.03.
Nothing
in this chapter shall:

(A)
Be construed to affect or interfere with the performance of duties of
any medical personnel who are either of the following:

(1)
In active service in the army, navy, coast guard, marine corps, air
force, public health service, or marine hospital service of the
United States
,

while so serving;

(2)
Employed by
the
veterans administration of
the
United States
department
of veterans affairs,
while
so employed.

(B)
Prevent any person from performing any of the services a physician
assistant may be authorized to perform, if the person's professional
scope of practice established under any other chapter of the Revised
Code authorizes the person to perform the services;

(C)
Prohibit a physician from delegating responsibilities to any nurse or
other qualified person who does not hold a license to practice as a
physician assistant, provided that the individual
to
whom the responsibilities are delegated
does
not hold the individual out to be a physician assistant;

(D)
Be construed as authorizing a physician assistant independently to
order or direct the execution of procedures or techniques by a
registered nurse or licensed practical nurse in the care and
treatment of a person in any setting, except to the extent that the
physician assistant is authorized to do so
by
a physician who is responsible for supervising the physician
assistant and, if applicable, the policies of the health care
facility in which the physician assistant is practicing
under
the physician assistant's authority to practice as provided in
section 4730.08 of the Revised Code
;

(E)

Authorize
a physician assistant to engage in the practice of optometry, except
to the extent that the physician assistant is authorized by a
supervising physician acting in accordance with this chapter to
perform routine visual screening, provide medical care prior to or
following eye surgery, or assist in the care of diseases of the eye;

(F)

Be
construed as authorizing a physician assistant to prescribe any drug
or device to perform or induce an abortion, or as otherwise
authorizing a physician assistant to perform or induce an abortion.

Sec.
4730.04.
(A)
As used in this section:

(1)
"Disaster" means any imminent threat or actual occurrence
of widespread or severe damage to or loss of property, personal
hardship or injury, or loss of life that results from any natural
phenomenon or act of a human.

(2)
"Emergency" means an occurrence or event that poses an
imminent threat to the health or life of a human.

(B)
Nothing in this chapter prohibits any of the following individuals
from providing medical care, to the extent the individual is able, in
response to a need for medical care precipitated by a disaster or
emergency:

(1)
An individual who holds a license to practice as a physician
assistant issued under this chapter;

(2)
An individual licensed or authorized to practice as a physician
assistant in another state;

(3)
An individual credentialed or employed as a physician assistant by an
agency, office, or other instrumentality of the federal government.

(C)
For purposes of the medical care provided by a physician assistant
pursuant to division (B)(1) of this section, both of the following
apply notwithstanding any
supervision

collaboration

requirement
of this chapter to the contrary:

(1)
The physician who
supervises

collaborates
with
the
physician assistant pursuant to a
supervision

collaboration

agreement
entered into under section
4730.19

4730.09

of
the Revised Code is not required to meet the
supervision

collaboration

requirements
established under this chapter.

(2)
The physician designated as the medical director of the disaster or
emergency may
supervise

collaborate
with the physician assistant for purposes of
the
medical care provided by the physician assistant.

Sec.
4730.05.
(A)

There
is hereby created the
The

physician
assistant policy committee of the state medical board

is created
.
The president of the board shall appoint the members of the
committee.
The

Except
as provided in division (C)(2) of this section, the
committee
shall consist of the
seven
members specified in divisions (A)(1) to (3) of this section. When
the committee is developing or revising policy and procedures for
physician-delegated prescriptive authority for physician assistants,
the committee shall include the additional member specified in
division (A)(4) of this section.
following:

(1)
Three members
of
the committee shall be
who
are
physicians.
Of the physician members, one shall be a member of the state medical
board, one shall be appointed from a list of five physicians
recommended by the Ohio state medical association, and one shall be
appointed from a list of five physicians recommended by the Ohio
osteopathic association. At all times, the physician membership of
the committee shall include at least one physician who is a

supervising

collaborating

physician
of a physician assistant, preferably with at least two years'
experience as a
supervising

collaborating

physician.

(2)
Three members
shall
be
who
are
physician
assistants
.
Each member shall be

appointed from a list of five individuals recommended by the Ohio
association of physician assistants

or its successor organization
.

(3)
One member, who is not affiliated with any health care profession,
shall be appointed to represent the interests of consumers.

(4)
One additional member, appointed to serve only when the committee is
developing or revising policy and procedures for physician-delegated
prescriptive authority for physician assistants, shall be a
pharmacist. The member shall be appointed from a list of five
clinical pharmacists recommended by the Ohio pharmacists association
or appointed from the pharmacist members of the state board of
pharmacy, preferably from among the members who are clinical
pharmacists.

The
pharmacist member shall have voting privileges only for purposes of
developing or revising policy and procedures for physician-delegated
prescriptive authority for physician assistants. Presence of the
pharmacist member shall not be required for the transaction of any
other business.

(B)
Terms of office shall be for two years, with each term ending on the
same day of the same month as did the term that it succeeds.
Each

Except
as provided in division (C)(2) of this section, each
member
shall hold office from the date of being appointed until the end of
the term for which the member was appointed. Members may be
reappointed, except that a member may not be appointed to serve more
than three consecutive terms. As vacancies occur, a successor shall
be appointed who has the qualifications the vacancy requires. A
member appointed to fill a vacancy occurring prior to the expiration
of the term for which a predecessor was appointed shall hold office
as a member for the remainder of that term. A member shall continue
in office subsequent to the expiration date of the member's term
until a successor takes office or until a period of sixty days has
elapsed, whichever occurs first.

(C)
(C)(1)
With respect to the member described in division (A)(3) of this
section, when a vacancy occurs but the board is unable to identify in
a timely manner a successor who is acceptable to the board, the board
may elect to fill the vacancy by appointing a physician assistant.

(2)
A member who is absent from three consecutive committee meetings is
automatically removed from office. The vacancy shall be filled as
provided in division (B) of this section, except that the member who
was removed from office may not be reappointed.

(D)

Each member of the committee shall receive the member's necessary and
actual expenses incurred in the performance of official duties as a
member.

(D)
(E)

The committee members
specified
in divisions (A)(1) to (3) of this section
by
a majority vote shall elect a
member
to serve as the committee's
chairperson

from among those members
.
The members may elect a new chairperson at any time.

(E)
(F)

The
state
medical
board
may appoint assistants, clerical staff, or other employees as
necessary for the committee to perform its duties adequately.

(F)
(G)

The committee shall meet as necessary to carry out its
responsibilities.

(G)
(H)

The board may permit meetings of the
physician
assistant policy
committee
to include the use of interactive videoconferencing,
teleconferencing, or both if all of the following requirements are
met:

(1)
The meeting location is open and accessible to the public.

(2)
Each committee member is permitted to choose whether the member
attends in person or through the use of the meeting's
videoconferencing or teleconferencing;

(3)
Any
meeting
related
meeting-related

materials
available before the meeting are sent to each committee member by
electronic mail, facsimile, or United States mail, or are hand
delivered.

(4)
If interactive videoconferencing is used, there is a clear video and
audio connection that enables all participants at the meeting
location to see and hear each committee member.

(5)
If teleconferencing is used, there is a clear audio connection that
enables all participants at the meeting location to hear each
committee member.

(6)
A roll call vote is recorded for each vote taken.

(7)
The meeting minutes specify for each member whether the member
attended by videoconference, teleconference, or in person.

Sec.
4730.06.
(A)
The physician assistant policy committee of the state medical board
shall review, and shall submit to the board recommendations
concerning, all of the following:

(1)
Requirements for issuing a license to practice as a physician
assistant, including the educational requirements that must be met to
receive the license;

(2)

Standards
and procedures under which applicants who do not meet all
requirements for licensure may become eligible for licensure through
additional training or other supportive measures;

(3)

Existing
and proposed rules pertaining to the practice of physician
assistants,
the
supervisory relationship between physician assistants and supervising
physicians, and
with
the board granting the committee an opportunity to review and make
recommendations on proposed rules before the board accepts any public
comments;

(4)
Existing and proposed rules on
the
administration and enforcement of this chapter;

(3)
In accordance with section 4730.38 of the Revised Code,
physician-delegated
(5)
Policies and procedures regarding the
prescriptive
authority
for

of

physician
assistants
,
including rules that are adopted under section 4730.39 of the Revised
Code
;

(4)
(6)

Application procedures and forms for a license to practice as a
physician assistant;

(5)
(7)

Fees required by this chapter for issuance and renewal of a license
to practice as a physician assistant;

(6)

(8)
Methods for addressing the concerns of physician assistants and the
problems they face in their practice, for purposes of ensuring
patient safety;

(9)

Any
issue the board asks the committee to consider.

(B)
In addition to the matters that are required to be reviewed under
division (A) of this section, the committee may review, and may
submit to the board recommendations concerning
,

quality assurance
systems
established and
activities

to
be
performed

by
a supervising physician and physician assistant under a quality
assurance system established pursuant to division (F) of
for
purposes of
section

4730.21

4730.081

of
the Revised Code.

(C)
The board shall take into consideration all recommendations submitted
by the committee. Not later than ninety days after receiving a
recommendation from the committee, the board shall approve or
disapprove the recommendation and notify the committee of its
decision. If a recommendation is disapproved, the board shall inform
the committee of its reasons for making that decision. The committee
may resubmit the recommendation after addressing the concerns
expressed by the board and modifying the disapproved recommendation
accordingly. Not later than ninety days after receiving a resubmitted
recommendation, the board shall approve or disapprove the
recommendation. There is no limit on the number of times the
committee may resubmit a recommendation for consideration by the
board.

(D)(1)
Except as provided in division (D)(2) of this section, the board may
not take action regarding a matter that is subject to the committee's
review under division (A) or (B) of this section unless the committee
has made a recommendation to the board concerning the matter.

(2)
If the board submits to the committee a request for a recommendation
regarding a matter that is subject to the committee's review under
division (A) or (B) of this section, and the committee does not
provide a recommendation before the sixty-first day after the request
is submitted, the board may take action regarding the matter without
a recommendation.

Sec.
4730.07.
In
addition to rules that are specifically required or authorized by
this chapter to be adopted, the state medical board may, subject to
division (D) of section 4730.06 of the Revised Code, adopt any other
rules necessary to govern the practice of physician assistants, the

supervisory

collaborative

relationship
between physician assistants and
supervising

their
collaborating
physicians,
and the administration and enforcement of this chapter. Rules adopted
under this section shall be adopted in accordance with Chapter 119.
of the Revised Code.

Sec.
4730.08.
(A)
A license to practice as a physician assistant issued under this
chapter authorizes the holder to practice as a physician assistant as
follows:

(1)
The physician assistant shall practice only
under
the supervision, control, and direction of
in
collaboration with
a
physician with whom the physician assistant has entered into a

supervision

collaboration

agreement
under section
4730.19

4730.09

of
the Revised Code.

(2)

The
physician assistant shall practice in accordance with the supervision
agreement entered into with the physician who is responsible for
supervising the

If
practicing in a health care facility, the
physician
assistant
,
including, if applicable,

shall practice only as authorized by

the policies of
the

that

health
care facility

in which the physician assistant is practicing

and in accordance with the collaboration required by division (A)(1)
of this section
.

(B)

The

For
purposes of division (A)(2) of this section, the
state
medical board may, subject to division (D) of section 4730.06 of the
Revised Code, adopt rules designating facilities to be included as
health care facilities that are in addition to the facilities
specified in divisions (B)(1) and (2) of section 4730.01 of the
Revised Code. Any rules adopted shall be adopted in accordance with
Chapter 119. of the Revised Code.

Sec.
4730.081.
(A)
Regardless of the setting in which a physician assistant is
practicing, the physician assistant shall participate in a quality
assurance system. The system shall be established by the entity that
employs or contracts with the physician assistant or, if the
physician assistant is practicing as a sole proprietor, by the
physician assistant.

(B)
Each quality assurance system established for purposes of this
section shall include a process to be used for all of the following:

(1)
Routine reviews of selected patient record entries made by the
physician assistant and selected medical orders issued by the
physician assistant;

(2)
Discussions of complex cases with peers or experts;

(3)
Updates regarding medical developments relevant to the practice of
physician assistants;

(4)
Any activities required by rules adopted according to recommendations
made under section 4730.06 of the Revised Code;

(5)
Any other activities considered appropriate by the entity or
physician assistant responsible for establishing the system.

(C)
A physician assistant shall keep records of all activities performed
under a quality assurance system. On request of the state medical
board, the physician assistant shall make the records available to
the board.

Sec.
4730.09.
This
section and section 4730.091 of the Revised Code establish standards
and procedures governing the collaboration required under section
4730.08 of the Revised Code for the practice of a physician assistant
licensed under this chapter.

(A)
A physician assistant shall enter into a collaboration agreement with
each physician with whom the physician assistant collaborates. The
agreement shall specify that the physician agrees to collaborate with
the physician assistant and that the physician assistant agrees to
practice in collaboration with that physician. The agreement shall be
signed by the physician assistant and the physician.

(B)
A physician assistant may enter into collaboration agreements with
any number of collaborating physicians, and a collaborating physician
may enter into collaboration agreements with any number of physician
assistants. A collaboration agreement may apply to more than one
physician assistant, but, except as provided in division (C)(2)(e) of
this section, the agreement may not apply to more than one physician.

(C)
A collaboration agreement shall include the following specifications
regarding the practice of physician assistants:

(1)
If a physician assistant will practice in a health care facility, the
agreement shall include terms that acknowledge the requirement of
division (A)(2) of section 4730.08 of the Revised Code to practice
only as authorized by the policies of that health care facility,
subject to any limitations imposed by the collaborating physician
under section 4730.091 of the Revised Code.

(2)
If a physician assistant will practice outside a health care
facility, the agreement shall include terms that identify all of the
following:

(a)
The responsibilities to be fulfilled by the physician in
collaborating with the physician assistant;

(b)
The responsibilities to be fulfilled by the physician assistant when
performing services in collaboration with the physician;

(c)
Any limitations on the physician assistant's authority to practice;

(d)
The circumstances under which the physician assistant is required to
refer a patient to the collaborating physician;

(e)
If the collaborating physician chooses to designate physicians to act
as alternate collaborating physicians, the names, business addresses,
and business telephone numbers of the physicians who have agreed to
act in that capacity.

(D)
A collaboration agreement may be amended to modify the
responsibilities of, or limitations on, any of the physician
assistants practicing under the agreement or to include additional
physician assistants.

(E)
Each physician assistant who entered into a collaboration agreement
shall retain a copy of the agreement in the records maintained by the
physician assistant. The collaborating physician who entered into a
collaboration agreement shall retain a copy of the agreement in the
records maintained by the collaborating physician.

(F)(1)
The state medical board may conduct reviews as it considers necessary
to determine whether the requirements of this section are being met.

(2)
If the board finds any of the following, through a review conducted
under this section or through any other means, the board may take
disciplinary action against the individual under section 4730.25 or
4731.22 of the Revised Code, impose a civil penalty, or both:

(a)
That a physician assistant has practiced in a manner that departs
from, or fails to conform to, the terms of a collaboration agreement
that applies to the physician assistant;

(b)
That a physician has collaborated with a physician assistant in a
manner that departs from, or fails to conform to, the terms of a
collaboration agreement entered into under this section;

(c)
That a physician assistant or physician failed to comply with
division (A), (B), or (C) of this section.

(3)
If the board finds, through a review conducted under this section or
through any other means, that a physician assistant or physician
failed to comply with division (E) of this section, the board may do
either of the following:

(a)
Take disciplinary action against the individual under section 4730.25
or 4731.22 of the Revised Code, impose a civil penalty, or both;

(b)
Permit the individual to agree in writing to update the records to
comply with division (E) of this section and pay a civil penalty.

(4)
The board's finding in any disciplinary action taken under division
(F)(2) or (F)(3)(a) of this section shall be made pursuant to an
adjudication conducted under Chapter 119. of the Revised Code.

(5)
A civil penalty imposed under division (F)(2), imposed under division
(F)(3)(a), or paid under division (F)(2)(b) of this section shall be
in an amount specified by the board of not more than five thousand
dollars. All amounts collected shall be deposited in accordance with
section 4731.24 of the Revised Code.

Sec.
4730.091.
(A)
Under a collaboration agreement entered into with a physician
assistant under section 4730.09 of the Revised Code, all of the
following apply to a collaborating physician:

(1)
The collaborating physician shall be continuously available for
direct communication with the physician assistant by either of the
following means:

(a)
Being physically present at the location where the physician
assistant is practicing;

(b)
Being readily available to the physician assistant through some means
of telecommunication.

(2)
The collaborating physician shall personally and actively review the
physician assistant's professional activities.

(3)
The collaborating physician may authorize a physician assistant to
perform a service only if the physician is satisfied that the
physician assistant is capable of competently performing the service.
The collaborating physician shall not authorize a physician assistant
to perform any service that is beyond the physician's or the
physician assistant's normal course of practice and expertise.

(4)
In the case of a physician assistant who is practicing in a health
care facility, the collaborating physician may impose limitations on
the physician assistant's practice that are in addition to any
limitations applicable under the policies of the facility. If the
health care facility has an emergency department, both of the
following apply:

(a)
If the collaborating physician routinely practices in the facility's
emergency department, the physician shall provide on-site
collaboration when the physician assistant practices in the emergency
department.

(b)
If the collaborating physician does not routinely practice in the
facility's emergency department, the physician may, on occasion, send
the physician assistant to the facility's emergency department to
assess and manage a patient. At the request of an emergency
department physician, the collaborating physician shall personally
evaluate the patient.

(B)
The degree to which collaboration is required to occur between a
collaborating physician and a physician assistant shall be based on
all of the following:

(1)
The patient's health condition;

(2)
The physician assistant's education, experience, and competencies;

(3)
The standard of care that applies to similar practitioners in similar
circumstances;

(4)
Any determinations made by an employer or other entity that governs
the professional practice of the parties subject to a collaboration
agreement, including determinations made by a group medical practice
or health care facility using credentialing or other systems to
establish privileges for the practice of physicians and physician
assistants.

Sec.
4730.141.
(A)
An individual who holds a current, valid license issued under this
chapter to practice as a physician assistant and who retires
voluntarily from practice may request that the state medical board
place the individual's license on retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from practice as a
physician assistant;

(c)
That the applicant does not hold an active registration with the
federal drug enforcement administration;

(d)
That the applicant does not have any criminal charges pending against
the applicant;

(e)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(f)
That the applicant does not have any complaints pending with the
board;

(g)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
A fee in an amount equal to the sum of the biennial renewal fee and
restoration penalty described in section 4730.14 of the Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited from practicing as a physician
assistant under any circumstance.

(2)
The license holder is not required to complete the continuing
education described in
sections

section

4730.14

and
4730.49
of
the Revised Code.

(3)
The license holder is prohibited from using the license to obtain a
license to practice as a physician assistant in another state,
whether by endorsement or reciprocity or through a licensure compact.

(4)
The license holder may use a title authorized for the holder's
license, but only if "retired" also is included in the
title.

(5)
In the case of a license holder who
was
issued a prescriber number by the board as part of the holder's
physician-delegated
has

prescriptive
authority

as provided in section 4730.15 of the Revised Code
,
the
prescriber

number
,
like the license,

that
was issued by the board under that section
is
placed on retired status

along with the license
.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4730.28 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The individual seeking to reactivate the license applies to the board
in the form and manner prescribed by the board.

(2)
The applicant certifies completion of, within the two-year period
that ends on the date of the application's submission, the continuing
education requirements that must be met for renewal of a license.

(3)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(4)
The applicant pays a reactivation fee in an amount equal to the sum
of the biennial renewal fee and restoration penalty described in
section 4730.14 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure as a physician
assistant in another state, or uses a title that does not reflect the
holder's retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4730.25
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4730.15.
The
state medical board shall issue a prescriber number to each physician
assistant licensed under this chapter who has prescriptive authority,
as provided by one of the following:

(A)
A license issued by the
state
medical
board
under section 4730.12 of the Revised Code
authorizes

grants
prescriptive authority to
the
license holder
to
exercise physician-delegated prescriptive authority
if
the
license

holder
meets either of the following requirements:

(1)
Holds a master's or higher degree described in division (B) of
section 4730.11 of the Revised Code;

(2)
Had prescriptive authority while practicing as a physician assistant
in another jurisdiction, in any of the armed forces of the United
States or the national guard of any state, or in the United States
public health service commissioned corps.

(B)
A license described in division (D) of section 4730.11 of the Revised
Code
authorizes

grants
prescriptive authority to
the
license holder
to
exercise physician-delegated prescriptive authority
if,
on October 15, 2015, the license holder held a valid certificate to
prescribe issued under former section 4730.44 of the Revised Code, as
it existed immediately prior to that date.

(C)
On application of an individual who holds a license issued under this
chapter
but
is not authorized to exercise physician-delegated prescriptive
authority
that
did not grant prescriptive authority to the license holder at the
time the license was issued
,
the board shall grant
the
authority to exercise physician-delegated
prescriptive
authority
to
the individual
if
the individual meets either of the following requirements:

(1)
The individual provides evidence satisfactory to the board of having
obtained a master's or higher degree from either of the following:

(a)
A program accredited by the accreditation review commission on
education for the physician assistant or a predecessor or successor
organization recognized by the board;

(b)
A program accredited by a regional or specialized and professional
accrediting agency recognized by the council for higher education
accreditation, if the degree is in a course of study with clinical
relevance to the practice of physician assistants.

(2)
The individual meets the requirements specified in division (C)(1) or
(3) of section 4730.11 of the Revised Code and had prescriptive
authority while practicing as a physician assistant in another
jurisdiction, in any of the armed forces of the United States or the
national guard of any state, or in the United States public health
service commissioned corps.

(D)
The board shall issue a prescriber number to each physician assistant
licensed under this chapter who is authorized to exercise
physician-delegated prescriptive authority.

Sec.
4730.16.
A
physician assistant licensed under this chapter may seek
reimbursement or any other form of payment for services that are
provided by the physician assistant, including by doing any of the
following:

(A)
Enrolling as a provider with a health plan issuer, as defined in
section 3922.01 of the Revised Code;

(B)
Participating in the medicare program;

(C)
Entering into a medicaid provider agreement under section 5164.301 of
the Revised Code;

(D)
Billing a patient or the patient's representative.

Sec.
4730.20.
(A)
A physician assistant licensed under this chapter may perform any
of
the following services authorized by the supervising physician that
are part of the supervising physician's normal course of practice and
expertise
medical
service that the physician assistant is competent through education,
training, and experience to perform. Subject to division (B) of this
section, the medical services that a physician assistant may perform
include all of the following
:

(1)

Obtaining
and performing comprehensive health histories and physical
examinations;

(2)
Evaluating, diagnosing, managing, and providing medical treatment;

(3)

Ordering
,
performing, and interpreting

diagnostic

studies
,
therapeutic

procedures
,
and other medical services;

(2)
Prescribing physical therapy or referring a patient to a physical
therapist for physical therapy;

(3)
Ordering occupational therapy or referring a patient to an
occupational therapist for occupational therapy;

(4)

Educating
patients on health promotion and disease prevention;

(5)
Providing consultation upon request, consulting with other health
care providers based on a patient's condition, and referring patients
to other health care providers;

(6)
Planning and initiating a therapeutic regimen that includes ordering,
prescribing, and making referrals for non-pharmacological
interventions, including durable medical equipment, nutritional
programs and products, blood and blood products, and diagnostic
support services, including home health care, hospice care, and
physical and occupational therapy;

(7)

Taking
any action that may be taken by an attending physician under sections
2133.21 to 2133.26 of the Revised Code, as specified in section
2133.211 of the Revised Code;

(5)
(8)

Determining and pronouncing death

in accordance with section 4730.202 of the Revised Code
,
except for any actions that are limited to physicians for purposes of
Chapter 2108. of the Revised Code
;

(6)
(9)

Assisting in surgery;

(7)
(10)

If the physician assistant
holds
a valid prescriber number issued by the state medical board and has
been granted physician-delegated
has

prescriptive
authority

as provided in section 4730.15 of the Revised Code
,
ordering, prescribing, personally furnishing, and administering drugs
and

therapeutic devices, including

medical devices;

(8)
Any other services that are part of the supervising physician's
normal course of practice and expertise
(11)
Performing routine visual screenings, prescribing optical aids, and
dispensing optical aids, with the physician assistant's prescribing
and dispensing of optical aids being subject to the same provisions
that apply under sections 4725.38 and 4731.44 of the Revised Code;

(12)
Providing medical care before or following eye surgery and otherwise
assisting in the care of diseases of the eye;

(13)
Obtaining informed consent from patients or their representatives;

(14)
Supervising, delegating, and assigning therapeutic and diagnostic
measures to licensed or unlicensed personnel;

(15)
Certifying the health or disability of a patient for purposes of any
federal, state, or local program or law;

(16)
Using light-based medical devices for ablative procedures;

(17)
Performing any other service that is consistent with section 4730.08
of the Revised Code and all other provisions of this chapter, the
rules adopted under this chapter, and any other provisions of the
Revised Code governing the practice of physician assistants
.

(B)

The

For
purposes of division (A)(2) of section 4730.08 of the Revised Code,
the
services
a physician assistant may provide under the policies of a health care
facility are limited to the services the facility authorizes the
physician assistant to provide for the facility. A
health
care
facility
shall not authorize a physician assistant to perform a service that
is prohibited under this chapter.

A physician who is supervising a physician assistant within a health
care facility may impose limitations on the physician assistant's
practice that are in addition to any limitations applicable under the
policies of the facility.

Sec.
4730.201.
(A)

As
used in this section, "local anesthesia" means the
injection of a drug or combination of drugs to stop or prevent a
painful sensation in a circumscribed area of the body where a painful
procedure is to be performed. "Local anesthesia" includes
only local infiltration anesthesia, digital blocks, and pudendal
blocks.

(B)

With
respect to medical services involving anesthesia or sedation, and
subject to division (B) of this section, all of the following apply
to a physician assistant licensed under this chapter:

(1)

A
physician assistant may administer, monitor, or maintain local
anesthesia

as a component of a procedure the physician assistant is performing
or as a separate service when the procedure requiring local
anesthesia is to be performed by the physician assistant's
supervising physician or another person
.

A

(2)
Except as provided in division (A)(3) of this section, a
physician
assistant shall not

administer, monitor, or maintain any other form of anesthesia,
including regional anesthesia or any systemic sedation

engage in activities involving general anesthesia, monitored
anesthesia care, or neuraxial anesthesia
.

(3)
A physician assistant may use general anesthesia induction agents,
but only for either of the following purposes:

(a)
Initiating intubation for patients in urgent or emergent
circumstances;

(b)
Providing sedation for patients on ventilators in intensive care
units of health care facilities.

(B)
The authority granted by division (A) of this section applies only if
a physician assistant is competent to perform the services, has
obtained any credentials that are required to perform the services,
and performs the services in accordance with all applicable statutes,
standards of practice, and health care facility protocols.

Sec.
4730.203.
(A)

Acting
pursuant to a supervision agreement, a
A

physician
assistant may delegate performance of a task to implement a patient's
plan of care or, if the conditions in division (C) of this section
are met, may delegate administration of a drug. Subject to division
(D) of section 4730.03 of the Revised Code, delegation may be to any
person. The physician assistant must be physically present at the
location where the task is performed or the drug administered.

(B)
Prior to delegating a task or administration of a drug, a physician
assistant shall determine that the task or drug is appropriate for
the patient and the person to whom the delegation is to be made may
safely perform the task or administer the drug.

(C)
A physician assistant may delegate administration of a drug only if
all of the following conditions are met:

(1)
The physician assistant has
been
granted physician-delegated
prescriptive
authority

and is authorized to prescribe the drug
,
as provided in section 4730.15 of the Revised Code
.

(2)
The drug is not a controlled substance.

(3)
The drug will not be administered intravenously.

(4)
The drug will not be administered in a hospital inpatient care unit,
as defined in section 3727.50 of the Revised Code; a hospital
emergency department; a freestanding emergency department; or an
ambulatory surgical facility licensed under section 3702.30 of the
Revised Code.

(D)
A person not otherwise authorized to administer a drug or perform a
specific task may do so in accordance with a physician assistant's
delegation under this section.

Sec.
4730.204.
(A)
Subject to division (B) of this section, a physician assistant may
sign one or more documents relating to any of the following:

(1)
The admission of a patient to a health care facility for the purpose
of receiving psychiatric or other behavioral health care services on
an inpatient basis;

(2)
The discharge of a patient from a health care facility after
receiving inpatient psychiatric or other behavioral health care
services;

(3)
The treatment of a patient while at a health care facility on an
inpatient basis for psychiatric or other behavioral health care
services.

The
documents may include a treatment plan or any medication order that
is part of the treatment plan.

(B)
To be eligible to sign documents described in this section,
all

both

of
the following must be satisfied:

(1)
The physician assistant is employed by the health care facility in
which a patient is receiving psychiatric or other behavioral health
care services on an inpatient basis or the physician assistant has
been granted appropriate credentials by the facility;

(2)

The physician assistant's supervising physician is employed by the
health care facility in which a patient is receiving psychiatric or
other behavioral health care services on an inpatient basis or is a
member of the facility's medical staff.

(3)
The physician assistant's supervising physician has authorized the
physician assistant to sign documents described in this section for
the physician's patients.

(4)

The policies of the health care facility authorize the physician
assistant to sign documents described in this section.

(C)
Notwithstanding section 4730.22 of the Revised Code or any other
conflicting provision of this chapter, a supervising physician who
authorizes a physician assistant to sign one or more documents as
described in this section is not liable for damages in a civil action
for injury, death, or loss to person or property for an act or
omission that arises from the physician assistant signing the
document, and is not subject to administrative action or criminal
prosecution for an act or omission that arises from the physician
assistant signing the document.

Sec.
4730.205.
In
addition to the authority expressly granted under this chapter or any
other provision of the Revised Code, a physician assistant may
authenticate any document, including by providing the physician
assistant's signature, certification, stamp, verification, affidavit,
or endorsement, to the same extent and in the same manner that a
physician is authorized to authenticate the same type of document.

Sec.
4730.22.
(A)
When performing authorized services, a physician assistant acts as
the agent of the physician assistant's supervising physician. The
supervising physician is legally responsible and assumes legal
liability for the services provided by the physician assistant.

The
physician is not responsible or liable for any services provided by
the physician assistant after their supervision agreement expires or
is terminated.

(B)

When
a health care facility permits physician assistants to practice
within that facility or any other health care facility under its
control, the health care facility shall make reasonable efforts to
explain to each individual who may work with a particular physician
assistant the scope of that physician assistant's practice within the
facility. The appropriate credentialing body within the health care
facility shall provide, on request of an individual practicing in the
facility with a physician assistant, a copy of the facility's
policies on the practice of physician assistants within the facility
and a copy of each
supervision

collaboration

agreement
applicable to the physician assistant.

An
individual who follows the orders of a physician assistant practicing
in a health care facility is not subject to disciplinary action by
any administrative agency that governs that individual's conduct and
is not liable in damages in a civil action for injury, death, or loss
to person or property resulting from the individual's acts or
omissions in the performance of any procedure, treatment, or other
health care service if the individual reasonably believed that the
physician assistant was acting

within the proper scope of practice or was relaying medical orders
from a supervising physician

in a manner that is consistent with section 4730.08 of the Revised
Code
,
unless the act or omission constitutes willful or wanton misconduct.

Sec.
4730.23.
A
physician assistant licensed under this chapter is legally
responsible and assumes legal liability for the services provided by
the physician assistant.

Sec.
4730.25.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, may refuse to grant a license to practice as a physician
assistant to, or may revoke the license held by, an individual found
by the board to have committed fraud, misrepresentation, or deception
in applying for or securing the license.

(B)
Except as provided in division (N) of this section, the board, by an
affirmative vote of not fewer than six members, shall, to the extent
permitted by law, limit, revoke, or suspend an individual's license
to practice as a physician assistant or prescriber number, refuse to
issue a license to an applicant, refuse to renew a license, refuse to
reinstate a license, or reprimand or place on probation the holder of
a license for any of the following reasons:

(1)

Failure
to practice
Practicing

in

accordance with the supervising physician's supervision agreement
with the physician assistant, including, if applicable, the policies
of the health care facility in which the supervising physician and
physician assistant are practicing

a manner that is inconsistent with section 4730.08 of the Revised
Code
;

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

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

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

(5)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice;

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

(7)
Willfully betraying a professional confidence;

(8)
Making a false, fraudulent, deceptive, or misleading statement in
soliciting or advertising for employment as a physician assistant; in
connection with any solicitation or advertisement for patients; in
relation to the practice of medicine as it pertains to physician
assistants; or in securing or attempting to secure a license to
practice as a physician assistant.

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

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

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

(11)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(12)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

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

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

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

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

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

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

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

(20)
Violation of the conditions placed by the board on a license to
practice as a physician assistant;

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

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

(23)
Assisting suicide, as defined in section 3795.01 of the Revised Code;

(24)
Prescribing any drug or device to perform or induce an abortion, or
otherwise performing or inducing an abortion;

(25)
Failure to comply with section 4730.53 of the Revised Code, unless
the board no longer maintains a drug database pursuant to section
4729.75 of the Revised Code;

(26)
Failure to comply with the requirements in section 3719.061 of the
Revised Code before issuing for a minor a prescription for an opioid
analgesic, as defined in section 3719.01 of the Revised Code;

(27)
Having certification by the national commission on certification of
physician assistants or a successor organization expire, lapse, or be
suspended or revoked;

(28)
The revocation, suspension, restriction, reduction, or termination of
clinical privileges by the United States department of defense or
department of veterans affairs or the termination or suspension of a
certificate of registration to prescribe drugs by the drug
enforcement administration of the United States department of
justice;

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

(30)
Violation of section 4730.57 of the Revised Code
;

(31)
Failure to comply with the requirements of section 3705.16 of the
Revised Code when certifying a decedent's cause of death and
completing and signing the medical certificate of death
.

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

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

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

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

(1)
In enforcing division (B)(4) of this section, the board, upon a
showing of a possible violation, shall refer any individual who
holds, or has applied for, a license issued under this chapter to the
monitoring organization that conducts the confidential monitoring
program established under section 4731.25 of the Revised Code. The
board also may compel the individual to submit to a mental
examination, physical examination, including an HIV test, or both a
mental and physical examination. The expense of the examination is
the responsibility of the individual compelled to be examined.
Failure to submit to a mental or physical examination or consent to
an HIV test ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds a physician assistant
unable to practice because of the reasons set forth in division
(B)(4) of this section, the board shall require the physician
assistant to submit to care, counseling, or treatment by physicians
approved or designated by the board, as a condition for an initial,
continued, reinstated, or renewed license. An individual affected
under this division shall be afforded an opportunity to demonstrate
to the board the ability to resume practicing in compliance with
acceptable and prevailing standards of care.

(2)
For purposes of division (B)(5) of this section, if the board has
reason to believe that any individual who holds a license issued
under this chapter or any applicant for a license suffers such
impairment, the board shall refer the individual to the monitoring
organization that conducts the confidential monitoring program
established under section 4731.25 of the Revised Code. The board also
may compel the individual to submit to a mental or physical
examination, or both. The expense of the examination is the
responsibility of the individual compelled to be examined. Any mental
or physical examination required under this division shall be
undertaken by a treatment provider or physician qualified to conduct
such examination and approved under section 4731.251 of the Revised
Code.

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

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

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

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

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

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

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

(G)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend the
individual's license without a prior hearing:

(a)
The secretary and supervising member determine that there is clear
and convincing evidence that a physician assistant has violated
division (B) of this section and that the individual's continued
practice or prescribing presents a danger of immediate and serious
harm to the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court with a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (G)(1) of this section, written allegations
shall be prepared for consideration by the board.

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

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code. If the physician
assistant requests an adjudicatory hearing by the board, the date set
for the hearing shall be within fifteen days, but not earlier than
seven days, after the physician assistant requests the hearing,
unless otherwise agreed to by both the board and the license holder.

(3)
A summary suspension imposed under division (G)(2) of this section is
not a final appealable order and is not an adjudication that may be
appealed under section 119.12 of the Revised Code. The summary
suspension shall remain in effect until a final adjudicative order
issued by the board pursuant to this section and Chapter 119. of the
Revised Code becomes effective. Once a final adjudicative order has
been issued by the board, any party adversely affected by it may file
an appeal in accordance with the requirements of Chapter 119. of the
Revised Code.

The
board shall issue its final adjudicative order within seventy-five
days after completion of its hearing. Failure to issue the order
within seventy-five days shall result in dissolution of the summary
suspension order, but shall not invalidate any subsequent, final
adjudicative order.

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

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

The
board shall notify the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license is suspended under this division fails to
make a timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's license to practice.

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

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

(L)
When the board refuses to grant or issue to an applicant a license to
practice as a physician assistant, revokes an individual's license,
refuses to renew an individual's license, or refuses to reinstate an
individual's license, the board may specify that its action is
permanent. An individual subject to a permanent action taken by the
board is forever thereafter ineligible to hold the license and the
board shall not accept an application for reinstatement of the
license or for issuance of a new license.

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

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

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

(3)
Failure by an individual to renew a license in accordance with
section 4730.14 of the Revised Code does not remove or limit the
board's jurisdiction to take disciplinary action under this section
against the individual.

(4)
The placement of an individual's license on retired status, as
described in section 4730.141 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

(N)
The board shall not refuse to issue a license to an applicant because
of a conviction, plea of guilty, judicial finding of guilt, judicial
finding of eligibility for intervention in lieu of conviction, or the
commission of an act that constitutes a criminal offense, unless the
refusal is in accordance with section 9.79 of the Revised Code.

Sec.
4730.26.
(A)
The state medical board shall investigate evidence that appears to
show that any person has violated this chapter or a rule adopted
under it. In an investigation involving the practice
or
supervision
of
a physician assistant pursuant to the policies of a health care
facility, the board may require that the health care facility provide
any information the board considers necessary to identify either or
both of the following:

(1)
The facility's policies for the practice of physician assistants
within the facility;

(2)
The services that the facility has authorized a particular physician
assistant to provide for the facility.

(B)
Any person may report to the board in a signed writing any
information the person has that appears to show a violation of any
provision of this chapter or rule adopted under it. In the absence of
bad faith, a person who reports such information or testifies before
the board in an adjudication conducted under Chapter 119. of the
Revised Code shall not be liable for civil damages as a result of
reporting the information or providing testimony. Each complaint or
allegation of a violation received by the board shall be assigned a
case number and be recorded by the board.

(C)
Investigations of alleged violations of this chapter or rules adopted
under it shall be supervised by the supervising member elected by the
board in accordance with section 4731.02 of the Revised Code and by
the secretary as provided in section 4730.33 of the Revised Code. The
president may designate another member of the board to supervise the
investigation in place of the supervising member. Upon a vote of the
majority of the board to authorize the addition of a consumer member
in the supervision of any part of any investigation, the president
shall designate a consumer member for supervision of investigations
as determined by the president. The authorization of consumer member
participation in investigation supervision may be rescinded by a
majority vote of the board. A member of the board who supervises the
investigation of a case shall not participate in further adjudication
of the case.

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

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.

A
subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee designated by the board.
Service of a subpoena issued by the board may be made by delivering a
copy of the subpoena to the person named therein, reading it to the
person, or leaving it at the person's usual place of residence. When
the person being served is a physician assistant, service of the
subpoena may be made by certified mail, restricted delivery, return
receipt requested, and the subpoena shall be deemed served on the
date delivery is made or the date the person refuses to accept
delivery.

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

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

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

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

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

No
person shall knowingly access, use, or disclose confidential
investigatory information in a manner prohibited by law.

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

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

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

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

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

(4)
Whether witnesses were interviewed;

(5)
Whether the individual against whom the complaint is directed is the
subject of any pending complaints;

(6)
The disposition of the case.

The
report shall state how many cases are still pending, and shall be
prepared in a manner that protects the identity of each person
involved in each case. The report shall be submitted to the physician
assistant policy committee of the board and is a public record for
purposes of section 149.43 of the Revised Code.

(I)
The board may provide a status update regarding an investigation to a
complainant on request if the board verifies the complainant's
identity.

Sec.
4730.39.
(A)
The state medical board
,
subject to division (D) of section 4730.06 of the Revised Code,

shall adopt rules governing
physician-delegated

the

prescriptive
authority
for

of

physician
assistants. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

(B)
The board's rules governing
physician-delegated

the

prescriptive
authority
of
physician assistants
shall
establish all of the following:

(1)

Requirements
regarding the pharmacology courses that a physician assistant is
required to complete;

(2)

A
specific prohibition against prescribing any drug or device to
perform or induce an abortion;

(3)
(2)

Standards and procedures to be followed by a physician assistant in
personally furnishing samples of drugs or complete or partial
supplies of drugs to patients under section 4730.43 of the Revised
Code;

(4)
(3)

Any other requirements the board considers necessary to implement the
provisions of this chapter regarding
physician-delegated

the

prescriptive
authority

of physician assistants
.

Sec.
4730.41.
(A)

A
physician assistant who
holds
a valid prescriber number issued by the state medical board is
authorized to prescribe and personally furnish drugs and therapeutic
devices in the exercise of physician-delegated prescriptive
authority.

(B)
In exercising physician-delegated
has

prescriptive
authority
,
as provided in section 4730.15 of the Revised Code
,

a
physician assistant
is
subject to all of the following

in the exercise of that authority
:

(1)
The physician assistant shall exercise physician-delegated
prescriptive authority only to the extent that the physician
supervising the physician assistant has granted that authority.

(2)
The physician assistant shall comply with all conditions placed on
the physician-delegated prescriptive authority, as specified by the
supervising physician who is supervising the physician assistant in
the exercise of physician-delegated prescriptive authority.

(3)
If the physician assistant possesses physician-delegated prescriptive
authority for controlled substances, the
(A)
The
physician
assistant shall register with the federal drug enforcement
administration

as a condition of being authorized to prescribe controlled
substances
.

(4)
If the physician assistant possesses physician-delegated prescriptive
authority for
(B)
When prescribing
schedule
II controlled substances, the physician assistant shall comply with
section 4730.411 of the Revised Code.

(5)
If the physician assistant possesses physician-delegated prescriptive
authority to prescribe for a minor
(C)
When prescribing
an
opioid analgesic

for a minor
,
as those terms are defined in sections
3719.01
and
3719.061

and
3719.01
of
the Revised Code, respectively, the physician assistant shall comply
with section 3719.061 of the Revised Code.

(6)
The physician assistant shall comply with the requirements of section
4730.44 of the Revised Code.

(C)
(D)

A physician assistant shall not prescribe any drug in violation of
state or federal law.

Sec.
4730.411.
(A)
Except as provided in division (B) or (C) of this section, a
physician assistant
who
has prescriptive authority as provided in section 4730.15 of the
Revised Code
may
prescribe to a patient a schedule II controlled substance only if all
of the following are the case:

(1)
The patient is in a terminal condition, as defined in section 2133.01
of the Revised Code.

(2)
The physician assistant's
supervising

collaborating

physician
initially prescribed the substance for the patient.

(3)
The prescription is for an amount that does not exceed the amount
necessary for the patient's use in a single, twenty-four-hour period.

(B)
The restrictions on prescriptive authority in division (A) of this
section do not apply if a physician assistant issues the prescription
to the patient from any of the following locations:

(1)
A hospital
as
defined in section 3722.01
licensed
under Chapter 3722.
of
the Revised Code;

(2)
An entity owned or controlled, in whole or in part, by a hospital or
by an entity that owns or controls, in whole or in part, one or more
hospitals;

(3)
A health care facility operated by the department of
mental
health and addiction services
behavioral
health
or
the department of developmental disabilities;

(4)
A nursing home licensed under section 3721.02 of the Revised Code or
by a political subdivision certified under section 3721.09 of the
Revised Code;

(5)
A county home or district home operated under Chapter 5155. of the
Revised Code that is certified under the medicare or medicaid
program;

(6)
A hospice care program
,
as defined in section 3712.01
licensed
under Chapter 3712.
of
the Revised Code;

(7)
A community mental health services provider, as defined in section

5122.01

5119.01

of
the Revised Code;

(8)
An ambulatory surgical facility
,
as defined in

licensed
under
section
3702.30 of the Revised Code;

(9)
A freestanding birthing center, as defined in section 3701.503 of the
Revised Code;

(10)
A federally qualified health center, as defined in section 3701.047
of the Revised Code;

(11)
A federally qualified health center look-alike, as defined in section
3701.047 of the Revised Code;

(12)
A health care office or facility operated by the board of health of a
city or general health district or the authority having the duties of
a board of health under section 3709.05 of the Revised Code;

(13)
A site where a medical practice is operated, but only if the practice
is comprised of one or more physicians who also are owners of the
practice; the practice is organized to provide direct patient care;
and the physician assistant has entered into a
supervisory

collaboration

agreement
with at least one of the physician owners who practices primarily at
that site;

(14)
A site where a behavioral health practice is operated that does not
qualify as a location otherwise described in division (B) of this
section, but only if the practice is organized to provide outpatient
services for the treatment of mental health conditions, substance use
disorders, or both, and the physician assistant providing services at
the site of the practice has entered into a
supervisory

collaboration

agreement
with at least one physician who is employed by that practice.

(C)
A physician assistant shall not issue to a patient a prescription for
a schedule II controlled substance from a convenience care clinic
even if the convenience care clinic is owned or operated by an entity
specified in division (B) of this section.

(D)
A pharmacist who acts in good faith reliance on a prescription issued
by a physician assistant under division (B) of this section is not
liable for or subject to any of the following for relying on the
prescription: damages in any civil action, prosecution in any
criminal proceeding, or professional disciplinary action by the state
board of pharmacy under Chapter 4729. of the Revised Code.

Sec.
4730.43.
(A)
A physician assistant who
holds
a valid prescriber number issued by the state medical board and
has

been
granted physician-delegated
prescriptive
authority
,
as provided in section 4730.15 of the Revised Code,

may personally furnish to a patient samples of drugs and therapeutic
devices that are included in the physician assistant's

physician-delegated

prescriptive
authority, subject to all of the following:

(1)
The amount of the sample furnished shall not exceed a
seventy-two-hour supply, except when the minimum available quantity
of the sample is packaged in an amount that is greater than a
seventy-two-hour supply, in which case the physician assistant may
furnish the sample in the
package

packaged

amount.

(2)
No charge may be imposed for the sample or for furnishing it.

(3)
Samples of controlled substances may not be personally furnished.

(B)
A physician assistant who
holds
a valid prescriber number issued by the state medical board and
has

been
granted physician-delegated
prescriptive
authority
,
as provided in section 4730.15 of the Revised Code,

may personally furnish to a patient a complete or partial supply of
the drugs and therapeutic devices that are included in the physician
assistant's
physician-delegated

prescriptive
authority, subject to all of the following:

(1)
The physician assistant shall personally furnish only antibiotics,
antifungals, scabicides, contraceptives, prenatal vitamins,
antihypertensives, drugs and devices used in the treatment of
diabetes, drugs and devices used in the treatment of asthma, and
drugs used in the treatment of dyslipidemia.

(2)
The physician assistant shall not furnish the drugs and devices in
locations other than the following:

(a)
A health department operated by the board of health of a city or
general health district or the authority having the duties of a board
of health under section 3709.05 of the Revised Code;

(b)
A federally funded comprehensive primary care clinic;

(c)
A nonprofit health care clinic or program;

(d)
An employer-based clinic that provides health care services to the
employer's employees.

(3)
The physician assistant shall comply with all standards and
procedures for personally furnishing supplies of drugs and devices,
as established in rules adopted under section 4730.39 of the Revised
Code.

Sec.
4730.432.
(A)(1)
Notwithstanding any conflicting provision of this chapter or rule
adopted by the state medical board, a physician assistant who
holds
a valid prescriber number issued by the board and
has

been
granted physician-delegated
prescriptive
authority
,
as provided in section 4730.15 of the Revised Code,

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 assistant's
patient.

(b)
The patient has been diagnosed with chlamydia, gonorrhea, or
trichomoniasis.

(c)
The patient reports to the physician assistant that the individual is
unable or unlikely to be evaluated or treated by a health
professional.

(2)
A prescription issued under this section shall include the
individual's name and address, if known. If the physician assistant
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."

(3)
A physician assistant may prescribe or personally furnish a drug
under this section for not more than a total of two individuals who
are sexual partners of the physician assistant's patient.

(B)
For each drug prescribed or personally furnished under this section,
the physician assistant shall do all of the following:

(1)
Provide the patient with information concerning the drug for the
purpose of sharing the information with the individual, including
directions for use of the drug and any side effects, adverse
reactions, or known contraindications associated with the drug;

(2)
Recommend to the patient that the individual seek treatment from a
health professional;

(3)
Document all of the following in the patient's record:

(a)
The name of the drug prescribed or furnished and its dosage;

(b)
That information concerning the drug was provided to the patient for
the purpose of sharing the information with the individual;

(c)
If known, any adverse reactions the individual experiences from
treatment with the drug.

(C)
A physician assistant who prescribes or personally furnishes a drug
under this section may contact the individual for whom the drug is
intended.

(1)
If the physician assistant contacts the individual, the physician
assistant shall do all of the following:

(a)
Inform the individual that the individual may have been exposed to
chlamydia, gonorrhea, or trichomoniasis;

(b)
Encourage the individual to seek treatment from a health
professional;

(c)
Explain the treatment options available to the individual, including
treatment with a prescription drug, directions for use of the drug,
and any side effects, adverse reactions, or known contraindications
associated with the drug;

(d)
Document in the patient's record that the physician assistant
contacted the individual.

(2)
If the physician assistant does not contact the individual, the
physician assistant shall document that fact in the patient's record.

(D)
A physician assistant who in good faith prescribes or personally
furnishes a drug under this section is not liable for or subject to
any of the following:

(1)
Damages in any civil action;

(2)
Prosecution in any criminal proceeding;

(3)
Professional disciplinary action.

Sec.
4730.433.
(A)(1)
Subject to division (A)(2) of this section, and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician assistant who
holds
a license issued under this chapter and a valid prescriber number
issued by the state medical board and
has

been
granted physician-delegated
prescriptive
authority
,
as provided in section 4730.15 of the Revised Code,

may do either of the following without having examined an individual
to whom epinephrine may be administered:

(a)
Personally furnish a supply of epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and 5180.26 of the Revised Code;

(b)
Issue a prescription for epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and 5180.26 of the Revised Code.

(2)
An epinephrine autoinjector personally furnished or prescribed under
division (A)(1) of this section must be furnished or prescribed in
such a manner that it may be administered only in a manufactured
dosage form.

(B)
A physician assistant who acts in good faith in accordance with this
section is not liable for or subject to any of the following for any
action or omission of an entity to which an epinephrine autoinjector
is furnished or a prescription is issued: damages in any civil
action, prosecution in any criminal proceeding, or professional
disciplinary action.

Sec.
4730.437.
(A)(1)
Subject to division (A)(2) of this section and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician assistant who
holds
a valid prescriber number issued by the board and
has

been
granted physician-delegated
prescriptive
authority
,
as provided in section 4730.15 of the Revised Code,

may do either of the following without having examined an individual
to whom glucagon may be administered:

(a)
Personally furnish a supply of injectable or nasally administered
glucagon for use in accordance with section 3313.7115, 3313.7116,
3314.147, 3326.60, 3328.38, or 5180.262 of the Revised Code;

(b)
Issue a prescription for injectable or nasally administered glucagon
in accordance with section 3313.7115, 3313.7116, 3314.147, 3326.60,
3328.38, or 5180.262 of the Revised Code.

(2)
Injectable or nasally administered glucagon personally furnished or
prescribed under division (A)(1) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.

(B)
A physician assistant who acts in good faith in accordance with this
section is not liable for or subject to any of the following for any
action or omission of an entity to which injectable or nasally
administered glucagon is furnished or a prescription is issued:
damages in any civil action, prosecution in any criminal proceeding,
or professional disciplinary action.

Sec.
4730.49.
(A)

To
be eligible for renewal of a license to practice as a physician
assistant, an applicant who has been granted physician-delegated
prescriptive authority is subject to both of the following:

(1)
The applicant shall complete every two years at least twelve hours of
continuing education in pharmacology obtained through a program or
course approved by the state medical board or a person the board has
authorized to approve continuing pharmacology education programs and
courses. Except as provided in section 5903.12 of the Revised Code,
the continuing education shall be completed not later than the date
on which the applicant's license expires.

(2)(a)

Except
as provided in division
(A)(2)(b)

(B)

of
this section, in the case of an applicant
for
renewal of a license issued under this chapter
who
prescribes opioid analgesics or benzodiazepines, as defined in
section 3719.01 of the Revised Code, the applicant shall certify to
the
state
medical
board
whether the applicant has been granted access to the drug database
established and maintained by the state board of pharmacy pursuant to
section 4729.75 of the Revised Code.

(b)
(B)

The requirement described in division
(A)(2)(a)
(A)

of this section does not apply if any of the following is the case:

(i)
(1)

The state board of pharmacy notifies the state medical board pursuant
to section 4729.861 of the Revised Code that the applicant has been
restricted from obtaining further information from the drug database.

(ii)
(2)

The state board of pharmacy no longer maintains the drug database.

(iii)
(3)

The applicant does not practice as a physician assistant in this
state.

(c)
(C)

If an applicant certifies to the state medical board that the
applicant has been granted access to the drug database and the board
finds through an audit or other means that the applicant has not been
granted access, the board may take action under section 4730.25 of
the Revised Code.

(B)
The state medical board shall provide for pro rata reductions by
month of the number of hours of continuing education in pharmacology
that is required to be completed for physician assistants who have
been disabled due to illness or accident or have been absent from the
country. The board shall adopt rules, in accordance with Chapter 119.
of the Revised Code, as necessary to implement this division.

(C)
The continuing education required by this section is in addition to
the continuing education required under section 4730.14 of the
Revised Code.

(D)
If the board chooses to authorize persons to approve continuing
pharmacology education programs and courses, it shall establish
standards for granting that authority and grant the authority in
accordance with the standards.

Sec.
4730.53.
(A)
As used in this section:

(1)
"Drug database" means the database established and
maintained by the state board of pharmacy pursuant to section 4729.75
of the Revised Code.

(2)
"Opioid analgesic" and "benzodiazepine" have the
same meanings as in section 3719.01 of the Revised Code.

(B)
Except as provided in divisions (C) and (E) of this section, a
physician assistant licensed under this chapter who has
been
granted physician-delegated
prescriptive
authority
,
as provided in section 4730.15 of the Revise Code,

shall comply with all of the following as conditions of prescribing a
drug that is either an opioid analgesic or a benzodiazepine as part
of a patient's course of treatment for a particular condition:

(1)
Before initially prescribing the drug, the physician assistant or the
physician assistant's delegate shall request from the drug database a
report of information related to the patient that covers at least the
twelve months immediately preceding the date of the request. If the
physician assistant practices primarily in a county of this state
that adjoins another state, the physician assistant or delegate also
shall request a report of any information available in the drug
database that pertains to prescriptions issued or drugs furnished to
the patient in the state adjoining that county.

(2)
If the patient's course of treatment for the condition continues for
more than ninety days after the initial report is requested, the
physician assistant or delegate shall make periodic requests for
reports of information from the drug database until the course of
treatment has ended. The requests shall be made at intervals not
exceeding ninety days, determined according to the date the initial
request was made. The request shall be made in the same manner
provided in division (B)(1) of this section for requesting the
initial report of information from the drug database.

(3)
On receipt of a report under division (B)(1) or (2) of this section,
the physician assistant shall assess the information in the report.
The physician assistant shall document in the patient's record that
the report was received and the information was assessed.

(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 assistant shall document in the patient's
record the reason that the report is not available.

(2)
The drug is prescribed in an amount indicated for a period not to
exceed seven days.

(3)
The drug is prescribed for the treatment of cancer or another
condition associated with cancer.

(4)
The drug is prescribed to a hospice patient in a hospice care
program, as those terms are defined in section 3712.01 of the Revised
Code, or any other patient diagnosed as terminally ill.

(5)
The drug is prescribed for administration in a hospital, nursing
home, or residential care facility.

(D)
The state medical board may adopt rules that establish standards and
procedures to be followed by a physician assistant licensed under
this chapter who has
been
granted physician-delegated
prescriptive
authority
,
as provided in section 4730.15 of the Revised Code,

regarding the review of patient information available through the
drug database under division (A)(5) of section 4729.80 of the Revised
Code. The rules shall be adopted in accordance with Chapter 119. of
the Revised Code.

(E)
This section and any rules adopted under it do not apply if the state
board of pharmacy no longer maintains the drug database.

Sec.
4730.56.
(A)
As used in this section
:

(1)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

(2)
"Medication-assisted
,
"medication-assisted
treatment"
has the same meaning as in section 340.01 of the Revised Code.

(B)
A physician assistant shall comply with section 3719.064 of the
Revised Code and rules adopted under section 4730.55 of the Revised
Code when treating a patient with medication-assisted treatment or
proposing to initiate such treatment.

Sec.
4731.22.
(A)
The state medical board, by an affirmative vote of not fewer than six
of its members, may limit, revoke, or suspend a license or
certificate to practice or certificate to recommend, refuse to grant
a license or certificate, refuse to renew a license or certificate,
refuse to reinstate a license or certificate, or reprimand or place
on probation the holder of a license or certificate if the individual
applying for or holding the license or certificate is found by the
board to have committed fraud during the administration of the
examination for a license or certificate to practice or to have
committed fraud, misrepresentation, or deception in applying for,
renewing, or securing any license or certificate to practice or
certificate to recommend issued by the board.

(B)
Except as provided in division (P) of this section, the board, by an
affirmative vote of not fewer than six members, shall, to the extent
permitted by law, limit, revoke, or suspend a license or certificate
to practice or certificate to recommend, refuse to issue a license or
certificate, refuse to renew a license or certificate, refuse to
reinstate a license or certificate, or reprimand or place on
probation the holder of a license or certificate for one or more of
the following reasons:

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

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

(3)
Except as provided in section 4731.97 of the Revised Code, selling,
giving away, personally furnishing, prescribing, or administering
drugs for other than legal and legitimate therapeutic purposes or a
plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction of, a
violation of any federal or state law regulating the possession,
distribution, or use of any drug;

(4)
Willfully betraying a professional confidence.

For
purposes of this division, "willfully betraying a professional
confidence" does not include providing any information,
documents, or reports under sections 307.621 to 307.629 of the
Revised Code to a child fatality review board; does not include
providing any information, documents, or reports under sections
307.631 to 307.6410 of the Revised Code to a drug overdose fatality
review committee, a suicide fatality review committee, or hybrid drug
overdose fatality and suicide fatality review committee; does not
include providing any information, documents, or reports under
sections 307.651 to 307.659 of the Revised Code to a domestic
violence fatality review board; does not include providing any
information, documents, or reports to the director of health pursuant
to guidelines established under section 3701.70 of the Revised Code;
does not include written notice to a mental health professional under
section 4731.62 of the Revised Code; does not include making a report
as described in division (F) of section 2921.22 and section 4731.224
of the Revised Code; and does not include the making of a report of
an employee's use of a drug of abuse, or a report of a condition of
an employee other than one involving the use of a drug of abuse, to
the employer of the employee as described in division (B) of section
2305.33 of the Revised Code. Nothing in this division affects the
immunity from civil liability conferred by section 2305.33 or 4731.62
of the Revised Code upon a physician who makes a report in accordance
with section 2305.33 or notifies a mental health professional in
accordance with section 4731.62 of the Revised Code. As used in this
division, "employee," "employer," and "physician"
have the same meanings as in section 2305.33 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For
purposes of this division, a "provision of a code of ethics of a
national professional organization" does not include any
provision that would preclude the making of a report by a physician
of an employee's use of a drug of abuse, or of a condition of an
employee other than one involving the use of a drug of abuse, to the
employer of the employee as described in division (B) of section
2305.33 of the Revised Code. 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. As used in this division, "employee,"
"employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.

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

In
enforcing this division, the board, upon a showing of a possible
violation, shall refer any individual who is authorized to practice
by this chapter or who has submitted an application pursuant to this
chapter to the monitoring organization that conducts the confidential
monitoring program established under section 4731.25 of the Revised
Code. The board also may compel the individual to submit to a mental
examination, physical examination, including an HIV test, or both a
mental and a physical examination. The expense of the examination is
the responsibility of the individual compelled to be examined.
Failure to submit to a mental or physical examination or consent to
an HIV test ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds an individual unable to
practice because of the reasons set forth in this division, the board
shall require the individual to submit to care, counseling, or
treatment by physicians approved or designated by the board, as a
condition for initial, continued, reinstated, or renewed authority to
practice. An individual affected under this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's license or
certificate. For the purpose of this division, any individual who
applies for or receives a license or certificate to practice under
this chapter accepts the privilege of practicing in this state and,
by so doing, shall be deemed to have given consent to submit to a
mental or physical examination when directed to do so in writing by
the board, and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.

(20)
Except as provided in division (F)(1)(b) of section 4731.282 of the
Revised Code or when civil penalties are imposed under section
4731.225 of the Revised Code, and subject to section 4731.226 of the
Revised Code, violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provisions of this chapter or any rule
promulgated by the board.

This
division does not apply to a violation or attempted violation of,
assisting in or abetting the violation of, or a conspiracy to
violate, any provision of this chapter or any rule adopted by the
board that would preclude the making of a report by a physician of an
employee's use of a drug of abuse, or of a condition of an employee
other than one involving the use of a drug of abuse, to the employer
of the employee as described in division (B) of section 2305.33 of
the Revised Code. 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. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section
2305.33 of the Revised Code.

(21)
The violation of section 3701.79 of the Revised Code or of any
abortion rule adopted by the director of health pursuant to section
3701.341 of the Revised Code;

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

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

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

(25)
Termination or suspension from participation in the medicare or
medicaid programs by the department of health and human services or
other responsible agency;

(26)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice.

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

If
it has reason to believe that any individual authorized to practice
by this chapter or any applicant for licensure or certification to
practice suffers such impairment, the board shall refer the
individual to the monitoring organization that conducts the
confidential monitoring program established under section 4731.25 of
the Revised Code. The board also may compel the individual to submit
to a mental or physical examination, or both. The expense of the
examination is the responsibility of the individual compelled to be
examined. Any mental or physical examination required under this
division shall be undertaken by a treatment provider or physician who
is qualified to conduct the examination and who is approved under
section 4731.251 of the Revised Code.

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

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

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

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

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

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.

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

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

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

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

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

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

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

(31)
Failure of a physician
supervising

who
has entered into a collaboration agreement with
a
physician assistant
under
section 4730.09 of the Revised Code
to

maintain supervision in accordance with the requirements of Chapter
4730. of the Revised Code and the rules adopted under that chapter

fulfill the responsibilities of collaboration after entering into the
agreement
;

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

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

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

(35)
Failure to supervise an anesthesiologist assistant in accordance with
Chapter 4760. of the Revised Code and the board's rules for
supervision of an anesthesiologist assistant;

(36)
Assisting suicide, as defined in section 3795.01 of the Revised Code;

(37)
Failure to comply with the requirements of section 2317.561 of the
Revised Code;

(38)
Failure to supervise a radiologist assistant in accordance with
Chapter 4774. of the Revised Code and the board's rules for
supervision of radiologist assistants;

(39)
Performing or inducing an abortion at an office or facility with
knowledge that the office or facility fails to post the notice
required under section 3701.791 of the Revised Code;

(40)
Failure to comply with the standards and procedures established in
rules under section 4731.054 of the Revised Code for the operation of
or the provision of care at a pain management clinic;

(41)
Failure to comply with the standards and procedures established in
rules under section 4731.054 of the Revised Code for providing
supervision, direction, and control of individuals at a pain
management clinic;

(42)
Failure to comply with the requirements of section 4729.79 or
4731.055 of the Revised Code, unless the state board of pharmacy no
longer maintains a drug database pursuant to section 4729.75 of the
Revised Code;

(43)
Failure to comply with the requirements of section 2919.171,
2919.202, or 2919.203 of the Revised Code or failure to submit to the
department of health in accordance with a court order a complete
report as described in section 2919.171 or 2919.202 of the Revised
Code;

(44)
Practicing at a facility that is subject to licensure as a category
III terminal distributor of dangerous drugs with a pain management
clinic classification unless the person operating the facility has
obtained and maintains the license with the classification;

(45)
Owning a facility that is subject to licensure as a category III
terminal distributor of dangerous drugs with a pain management clinic
classification unless the facility is licensed with the
classification;

(46)
Failure to comply with any of the requirements regarding making or
maintaining medical records or documents described in division (A) of
section 2919.192, division (C) of section 2919.193, division (B) of
section 2919.195, or division (A) of section 2919.196 of the Revised
Code;

(47)
Failure to comply with the requirements in section 3719.061 of the
Revised Code before issuing for a minor a prescription for an opioid
analgesic, as defined in section 3719.01 of the Revised Code;

(48)
Failure to comply with the requirements of section 4731.30 of the
Revised Code or rules adopted under section 4731.301 of the Revised
Code when recommending treatment with medical marijuana;

(49)
A pattern of continuous or repeated violations of division (E)(2) or
(3) of section 3963.02 of the Revised Code;

(50)
Failure to fulfill the responsibilities of a collaboration agreement
entered into with an athletic trainer as described in section
4755.621 of the Revised Code;

(51)
Failure to take the steps specified in section 4731.911 of the
Revised Code following an abortion or attempted abortion in an
ambulatory surgical facility or other location that is not a hospital
when a child is born alive;

(52)
Violation of section 4731.77 of the Revised Code;

(53)
Failure of a physician supervising a certified mental health
assistant to maintain supervision in accordance with the requirements
of Chapter 4772. of the Revised Code and the rules adopted under that
chapter;

(54)
Failure to comply with the requirements of section 3705.16 of the
Revised Code when certifying a decedent's cause of death and
completing and signing the medical certificate of death.

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

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

If
the board takes disciplinary action against an individual under
division (B) of this section for a second or subsequent plea of
guilty to, or judicial finding of guilt of, a violation of section
2919.123 or 2919.124 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's license or
certificate to practice for a period of at least one year or, if
determined appropriate by the board, a more serious sanction
involving the individual's license or certificate to practice. Any
consent agreement entered into under this division with an individual
that pertains to a second or subsequent plea of guilty to, or
judicial finding of guilt of, a violation of that section shall
provide for a suspension of the individual's license or certificate
to practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's license or certificate to practice.

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

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

(F)(1)
The board shall investigate evidence that appears to show that a
person has violated any provision of this chapter or any rule adopted
under it. 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. 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.
Each complaint or allegation of a violation received by the board
shall be assigned a case number and shall be recorded by the board.

(2)
Investigations of alleged violations of this chapter or any rule
adopted under it shall be supervised by the supervising member
elected by the board in accordance with section 4731.02 of the
Revised Code and by the secretary as provided in section 4731.39 of
the Revised Code. The president may designate another member of the
board to supervise the investigation in place of the supervising
member. Upon a vote of the majority of the board to authorize the
addition of a consumer member in the supervision of any part of any
investigation, the president shall designate a consumer member for
supervision of investigations as determined by the president. The
authorization of consumer member participation in investigation
supervision may be rescinded by a majority vote of the board. No
member of the board who supervises the investigation of a case shall
participate in further adjudication of the case.

(3)
In investigating a possible violation of this chapter or any rule
adopted under this chapter, or in conducting an inspection under
division (E) of section 4731.054 of the Revised Code, the board may
question witnesses, conduct interviews, administer oaths, order the
taking of depositions, inspect and copy any books, accounts, papers,
records, or documents, issue subpoenas, and compel the attendance of
witnesses and production of books, accounts, papers, records,
documents, and testimony, except that a subpoena for patient record
information shall not be issued without consultation with the
attorney general's office and approval of the secretary of the board.

(a)
Before issuance of a subpoena for patient record information, the
secretary shall determine whether there is probable cause to believe
that the complaint filed alleges a violation of this chapter or any
rule adopted under it and that the records sought are relevant to the
alleged violation and material to the investigation. The subpoena may
apply only to records that cover a reasonable period of time
surrounding the alleged violation.

(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.

(c)
A subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee or agent designated by the
board. Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual place
of residence, usual place of business, or address on file with the
board. When serving a subpoena to an applicant for or the holder of a
license or certificate issued under this chapter, service of the
subpoena may be made by certified mail, return receipt requested, and
the subpoena shall be deemed served on the date delivery is made or
the date the person refuses to accept delivery. If the person being
served refuses to accept the subpoena or is not located, service may
be made to an attorney who notifies the board that the attorney is
representing the person.

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

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

(5)
A report required to be submitted to the board under this chapter, a
complaint, or information received by the board pursuant to an
investigation or pursuant to an inspection under division (E) of
section 4731.054 of the Revised Code is confidential and not subject
to discovery in any civil action.

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

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

No
person shall knowingly access, use, or disclose confidential
investigatory information in a manner prohibited by law.

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

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

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

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

(d)
Whether witnesses were interviewed;

(e)
Whether the individual against whom the complaint is directed is the
subject of any pending complaints;

(f)
The disposition of the case.

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

(7)
The board may provide a status update regarding an investigation to a
complainant on request if the board verifies the complainant's
identity.

(G)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend an
individual's license or certificate to practice or certificate to
recommend without a prior hearing:

(a)
The secretary and supervising member determine both of the following:

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

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

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court with a crime classified as a
felony under the charging court's law and the conduct constitutes a
violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (G)(1) of this section, written allegations
shall be prepared for consideration by the board. The board, upon
review of those allegations and by an affirmative vote of not fewer
than six of its members, excluding the secretary and supervising
member, may suspend a license or certificate without a prior hearing.
A telephone conference call may be utilized for reviewing the
allegations and taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code. If the individual
subject to the summary suspension requests an adjudicatory hearing by
the board, the date set for the hearing shall be within fifteen days,
but not earlier than seven days, after the individual requests the
hearing, unless otherwise agreed to by both the board and the
individual.

(3)
Any summary suspension imposed under division (G)(2) of this section
is not a final appealable order and is not an adjudication that may
be appealed under section 119.12 of the Revised Code. The summary
suspension shall remain in effect until a final adjudicative order
issued by the board pursuant to this section and Chapter 119. of the
Revised Code becomes effective. Once a final adjudicative order has
been issued by the board, any party adversely affected by it may file
an appeal in accordance with the requirements of Chapter 119. of the
Revised Code.

The
board shall issue its final adjudicative order within seventy-five
days after completion of its hearing. A failure to issue the order
within seventy-five days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order.

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

(I)
The license or certificate to practice issued to an individual under
this chapter and the individual's practice in this state are
automatically suspended as of the date of the individual's second or
subsequent plea of guilty to, or judicial finding of guilt of, a
violation of section 2919.123 or 2919.124 of the Revised Code. In
addition, the license or certificate to practice or certificate to
recommend issued to an individual under this chapter and the
individual's practice in this state are automatically suspended as of
the date the individual pleads guilty to, is found by a judge or jury
to be guilty of, or is subject to a judicial finding of eligibility
for intervention in lieu of conviction in this state or treatment or
intervention in lieu of conviction in another jurisdiction for any of
the following criminal offenses in this state or a substantially
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary manslaughter, felonious assault,
trafficking in persons, kidnapping, rape, sexual battery, gross
sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary. Continued practice after suspension shall be
considered practicing without a license or certificate.

The
board shall notify the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license or certificate is automatically suspended
under this division fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the board shall
do whichever of the following is applicable:

(1)
If the automatic suspension under this division is for a second or
subsequent plea of guilty to, or judicial finding of guilt of, a
violation of section 2919.123 or 2919.124 of the Revised Code, the
board shall enter an order suspending the individual's license or
certificate to practice for a period of at least one year or, if
determined appropriate by the board, imposing a more serious sanction
involving the individual's license or certificate to practice.

(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.

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

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

(L)
When the board refuses to grant or issue a license or certificate to
practice to an applicant, revokes an individual's license or
certificate to practice, refuses to renew an individual's license or
certificate to practice, or refuses to reinstate an individual's
license or certificate to practice, the board may specify that its
action is permanent. An individual subject to a permanent action
taken by the board is forever thereafter ineligible to hold a license
or certificate to practice and the board shall not accept an
application for reinstatement of the license or certificate or for
issuance of a new license or certificate.

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

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

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

(3)
Failure by an individual to renew a license or certificate to
practice in accordance with this chapter or a certificate to
recommend in accordance with rules adopted under section 4731.301 of
the Revised Code does not remove or limit the board's jurisdiction to
take any disciplinary action under this section against the
individual.

(4)
The placement of an individual's license on retired status, as
described in section 4731.283 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

(5)
At the request of the board, a license or certificate holder shall
immediately surrender to the board a license or certificate that the
board has suspended, revoked, or permanently revoked.

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

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

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

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

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

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

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

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

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

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

(P)
The board shall not refuse to issue a license to an applicant because
of a conviction, plea of guilty, judicial finding of guilt, judicial
finding of eligibility for intervention in lieu of conviction, or the
commission of an act that constitutes a criminal offense, unless the
refusal is in accordance with section 9.79 of the Revised Code.

(Q)
A license or certificate to practice or certificate to recommend
issued to an individual under this chapter and an individual's
practice under this chapter in this state are automatically suspended
if the individual's license or certificate to practice a health care
occupation or provide health care services is suspended, revoked, or
surrendered or relinquished in lieu of discipline by an agency
responsible for authorizing, certifying, or regulating an individual
to practice a health care occupation or provide health care services
in this state or another jurisdiction. The automatic suspension
begins immediately upon entry of the order by the agency and lasts
for ninety days to permit the board to investigate the basis for the
action under this chapter. Continued practice during the automatic
suspension shall be considered practicing without a license or
certificate.

The
board shall notify the individual subject to the automatic suspension
by certified mail or in person in accordance with section 119.07 of
the Revised Code. If an individual subject to an automatic suspension
under this division fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the board is not
required to hold a hearing, but may adopt, by an affirmative vote of
not fewer than six of its members, a final order that contains the
board's findings. In that final order, the board may order any of the
sanctions identified under division (A) or (B) of this section.

Sec.
4731.297.
(A)
As used in this section:

(1)
"Academic medical center" means a medical school and its
affiliated teaching hospitals and clinics partnering to do all of the
following:

(a)
Provide the highest quality of patient care from expert physicians;

(b)
Conduct groundbreaking research leading to medical advancements for
current and future patients;

(c)
Provide medical education and graduate medical education to educate
and train physicians.

(2)
"Affiliated physician group practice" means a medical
practice that consists of one or more physicians authorized under
this chapter to practice medicine and surgery or osteopathic medicine
and surgery and that is affiliated with an academic medical center to
further the objectives described in divisions (A)(1)(a) to (c) of
this section.

(B)
The state medical board shall issue, without examination, to an
applicant who meets the requirements of this section a certificate of
conceded eminence authorizing the practice of medicine and surgery or
osteopathic medicine and surgery as part of the applicant's
employment with an academic medical center in this state or
affiliated physician group practice in this state.

(C)
To be eligible for a certificate of conceded eminence, an applicant
shall provide to the board all of the following:

(1)
Evidence satisfactory to the board of all of the following:

(a)
That the applicant is an international medical graduate who holds a
medical degree from an educational institution listed in the
international medical education directory;

(b)
That the applicant has been appointed to serve in this state as a
full-time faculty member 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 has accepted an offer of employment with an
academic medical center in this state or affiliated physician group
practice in this state;

(d)
That the applicant holds a license in good standing in another state
or country authorizing the practice of medicine and surgery or
osteopathic medicine and surgery;

(e)
That the applicant has unique talents and extraordinary abilities not
generally found within the applicant's specialty, as demonstrated by
satisfying at least four of the following:

(i)
The applicant has achieved educational qualifications beyond those
that are required for entry into the applicant's specialty, including
advanced degrees, special certifications, or other academic
credentials.

(ii)
The applicant has written multiple articles in journals listed in the
index medicus or an equivalent scholarly publication acceptable to
the board.

(iii)
The applicant has a sustained record of excellence in original
research, at least some of which involves serving as the principal
investigator or co-principal investigator for a research project.

(iv)
The applicant has received nationally or internationally recognized
prizes or awards for excellence.

(v)
The applicant has participated in peer review in a field of
specialization that is the same as or similar to the applicant's
specialty.

(vi)
The applicant has developed new procedures or treatments for complex
medical problems that are recognized by peers as a significant
advancement in the applicable field of medicine.

(vii)
The applicant has held previous academic appointments with or been
employed by a health care organization that has a distinguished
national or international reputation.

(viii)
The applicant has been the recipient of a national institutes of
health or other competitive grant award.

(f)
That the applicant has received staff membership or professional
privileges from the academic medical center pursuant to standards
adopted under section 3701.351 of the Revised Code on a basis that
requires the applicant's medical education and graduate medical
education to be at least equivalent to that of a physician educated
and trained in the United States;

(g)
That the applicant has sufficient written and oral English skills to
communicate effectively and reliably with patients, their families,
and other medical professionals;

(h)
That the applicant will have professional liability insurance through
the applicant's employment with the academic medical center or
affiliated physician group practice.

(2)
An attestation that the applicant agrees to practice only within the
clinical setting of the academic medical center or for the affiliated
physician group practice;

(3)
Three letters of reference from distinguished experts in the
applicant's specialty attesting to the unique capabilities of the
applicant, at least one of which must be from outside the academic
medical center or affiliated physician group practice;

(4)
An affidavit from the dean of the medical school where the applicant
has been appointed to serve as a faculty member stating that the
applicant meets all of the requirements of division (C)(1) of this
section and that the letters of reference submitted under division
(C)(3) of this section are from distinguished experts in the
applicant's specialty, and documentation to support the affidavit;

(5)
A fee of one thousand dollars for the certificate.

(D)(1)
The holder of a certificate of conceded eminence may practice
medicine and surgery or osteopathic medicine and surgery only within
the clinical setting of the academic medical center with which the
certificate holder is employed or for the affiliated physician group
practice with which the certificate holder is employed.

(2)
A certificate holder may supervise medical students,
supervise

physicians
participating in graduate medical education,
collaborate
with
advanced
practice
registered

nurses,
and
collaborate
with
physician
assistants when performing clinical services in the certificate
holder's area of specialty.

(E)
The board may revoke a certificate issued under this section 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.

(F)
A certificate of conceded eminence is valid for the shorter of two
years or the duration of the certificate holder's employment with the
academic medical center or affiliated physician group practice. The
certificate ceases to be valid if the holder resigns or is otherwise
terminated from the academic medical center or affiliated physician
group practice.

(G)
A certificate of conceded eminence may be renewed for an additional
two-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:

(1)
Pays the renewal fee of one thousand dollars;

(2)
Provides to the board an affidavit and supporting documentation from
the academic medical center or affiliated physician group practice of
all of the following:

(a)
That the applicant's initial appointment to the medical faculty is
still valid or has been renewed;

(b)
That the applicant's clinical practice is consistent with the
established standards in the field;

(c)
That the applicant has demonstrated continued scholarly achievement;

(d)
That the applicant has demonstrated continued professional
achievement consistent with the academic medical center's
requirements, established pursuant to standards adopted under section
3701.351 of the Revised Code, for physicians with staff membership or
professional privileges with the academic medical center.

(3)
Satisfies the same continuing medical education requirements set
forth in section 4731.282 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.

(4)
Complies with any other requirements established by the board.

(H)
The board shall not require a person to obtain a certificate under
Chapter 4796. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery if the person holds a certificate of
conceded eminence issued under this section.

(I)
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.

Sec.
4731.33.
(A)
As used in this section:

(1)
"Light-based medical device" means any device that can be
made to produce or amplify electromagnetic radiation at wavelengths
equal to or greater than one hundred eighty nm but less than or equal
to 1.0 X 106 nm and that is manufactured, designed, intended, or
promoted for irradiation of any part of the human body for the
purpose of affecting the structure or function of the body.

(2)
"Physician" means a person authorized to practice medicine
and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery under this chapter.

(3)
"On-site supervision" means the supervising physician is
physically in the same location as the delegate during the use of a
light-based medical device, but does not require the physician to be
in the same room. "On-site supervision" includes the
supervising physician's presence in the same office suite as the
delegate during the use of the device.

(4)
"Off-site supervision" means the supervising physician is
continuously available for direct communication with the cosmetic
therapist during the use of a light-based medical device.

(5)
"Direct physical oversight" means the supervising physician
is in the same room directly observing the delegate's use of the
light-based medical device.

(B)
A physician may delegate the application of light-based medical
devices for the purpose of hair removal only if all of the following
conditions are met:

(1)
The light-based medical device has been specifically cleared or
approved by the United States food and drug administration for the
removal of hair from the human body.

(2)
The use of the light-based medical device for the purpose of hair
removal is within the physician's normal course of practice and
expertise.

(3)
The physician has seen and evaluated the patient to determine whether
the proposed application of the specific light-based medical device
is appropriate.

(4)
The physician has seen and evaluated the patient following the
initial application of the specific light-based medical device, but
before any continuation of treatment, to determine that the patient
responded well to that initial application of the specific
light-based medical device.

(5)
The person to whom the delegation is made is one of the following:

(a)
A physician assistant licensed under Chapter 4730. of the Revised
Code

with whom the physician has an effective supervision agreement
;

(b)
A person who was licensed as a cosmetic therapist under Chapter 4731.
of the Revised Code on April 11, 2021;

(c)
A person who has completed a cosmetic therapy course of instruction
for a minimum of seven hundred fifty clock hours and received a
passing score on the certified laser hair removal professional
examination administered by the society for clinical and medical hair
removal;

(d)
A registered nurse or licensed practical nurse licensed under Chapter
4723. of the Revised Code.

(C)

For
delegation to a physician assistant, the delegation must meet the
requirements of section 4730.21 of the Revised Code.

(D)(1)

For
delegation to a person described under division (B)(5)(b) or (c) of
this section, the physician shall ensure that the person to whom the
delegation is made has received adequate education and training to
provide the level of skill and care necessary, including all of the
following:

(a)
The person has completed eight hours of basic education that includes
the following topics:

(i)
Light-based procedure physics;

(ii)
Tissue interaction in light-based procedures;

(iii)
Light-based procedure safety, including use of proper safety
equipment;

(iv)
Clinical application of light-based procedures;

(v)
Preoperative and postoperative care of light-based procedure
patients;

(vi)
Reporting of adverse events.

(b)
The person has observed fifteen procedures for each specific type of
light-based medical device procedure for hair removal that the person
will perform under the delegation.

(c)
The person shall perform at least twenty procedures under the direct
physical oversight of the physician on each specific type of
light-based medical device procedure for hair removal delegated.

(2)
For purposes of division
(D)(1)(b)
(C)(1)(b)

of this section, the procedures observed shall be performed by a
physician who uses the specific light-based medical device procedure
for hair removal in the physician's normal course of practice and
expertise.

(3)
For purposes of division
(D)(1)(c)
(C)(1)(c)

of this section, the physician overseeing the performance of these
procedures shall use this specific light-based medical device
procedure for hair removal within the physician's normal course of
practice and expertise.

(4)
Each delegating physician and delegate shall document and retain
satisfactory completion of training required under division
(D)
(C)

of this section. The education requirement in division

(D)(1)(a)
(C)(1)(a)

of this section shall be completed only once by the delegate
regardless of the number of types of specific light-based medical
device procedures for hair removal delegated and the number of
delegating physicians. The training requirements of divisions

(D)(1)(b)
(C)(1)(b)

and (c) of this section shall be completed by the delegate once for
each specific type of light-based medical device procedure for hair
removal delegated regardless of the number of delegating physicians.

(E)
(D)

The following delegates are exempt from the education and training
requirements of division
(D)(1)
(C)(1)

of this section:

(1)
A person who, before
the
effective date of this section
September
30, 2021
,
has been applying a light-based medical device for hair removal for
at least two years through a lawful delegation by a physician;

(2)
A person described under division (B)(5)(b) of this section if the
person was authorized to use a light-based medical device under the
cosmetic therapist license;

(3)
A person described in division (B)(5)(a) or (d) of this section.

(F)
(E)

For delegation to a person under division (B)(5)(b), (c), or (d) of
this section, the physician shall provide on-site supervision at all
times that the person to whom the delegation is made is applying the
light-based medical device.

A
physician shall not supervise more than two delegates under division
(B)(5)(b), (c), or (d) of this section at the same time.

(G)(1)
(F)(1)

Notwithstanding division
(F)
(E)

of this section, a physician may provide off-site supervision when
the light-based medical device is applied for the purpose of hair
removal to an established patient if the person to whom the
delegation is made is a cosmetic therapist who meets all of the
following criteria:

(a)
The cosmetic therapist has successfully completed a course in the use
of light-based medical devices for the purpose of hair removal that
has been approved by the delegating physician;

(b)
The course consisted of at least fifty hours of training, at least
thirty hours of which was clinical experience;

(c)
The cosmetic therapist has worked under the on-site supervision of
the delegating physician for a sufficient period of time that the
physician is satisfied that the cosmetic therapist is capable of
competently performing the service with off-site supervision.

(2)
The cosmetic therapist shall maintain documentation of the successful
completion of the required training.

(H)
(G)

A delegate under this section shall immediately report to the
supervising physician any clinically significant side effect
following the application of the light-based medical device or any
failure of the treatment to progress as was expected at the time the
delegation was made. The physician shall see and personally evaluate
the patient who has experienced the clinically significant side
effect or whose treatment is not progressing as expected as soon as
practicable.

(I)
(H)

No physician shall fail to comply with division (A), (B),
(G)
(F)
,
or
(H)
(G)

of this section. A violation of this division constitutes a departure
from, or the failure to conform to, minimal standards of care of
similar practitioners under the same or similar circumstances,
whether or not actual injury to a patient is established, under
division (B)(6) of section 4731.22 of the Revised Code.

(J)
(I)

No physician shall delegate the application of light-based medical
devices for the purpose of hair removal to a person who is not listed
in division (B)(5) of this section. A violation of this division
constitutes violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate section 4731.41 of the Revised Code for
purposes of division (B)(20) of section 4731.22 of the Revised Code.

(K)
(J)

No cosmetic therapist to whom a delegation is made under division
(B)(5)(b) or (c) of this section shall fail to comply with division

(G)
(F)

or
(H)
(G)

of this section. A violation of this division constitutes the
unauthorized practice of medicine pursuant to section 4731.41 of the
Revised Code.

(L)
(K)

No physician assistant shall fail to comply with division
(H)
(G)

of this section. A violation of this division constitutes a departure
from, or failure to conform to, minimal standards of care of similar
physician assistants under the same or similar circumstances,
regardless of whether actual injury to patient is established, for
purposes of division (B)(19) of section 4730.25 of the Revised Code.

Sec.
4761.17.
All
of the following apply to the practice of respiratory care by a
person who holds a license or limited permit issued under this
chapter:

(A)
The person shall practice only pursuant to a prescription or other
order for respiratory care issued by any of the following:

(1)
A physician;

(2)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a current, valid license issued under
Chapter 4723. of the Revised Code to practice nursing as an advanced
practice registered nurse and has entered into a standard care
arrangement with a physician;

(3)
A certified registered nurse anesthetist who holds a current, valid
license issued under Chapter 4723. of the Revised Code to practice
nursing as an advanced practice registered nurse and acts in
compliance with section 4723.43 of the Revised Code;

(4)
A physician assistant who
holds
a valid prescriber number issued by the state medical board,
has

been
granted physician-delegated
prescriptive
authority,
and
has entered into a supervision agreement that allows the physician
assistant to prescribe or order respiratory care services
as
provided in section 4730.15 of the Revised Code, subject to the
conditions under which the physician assistant is practicing, as
provided in section 4730.08 of the Revised Code
.

(B)
The person shall practice only under the supervision of any of the
following:

(1)
A physician;

(2)
A certified nurse practitioner, certified nurse-midwife, or clinical
nurse specialist;

(3)
A physician assistant who is authorized to prescribe or order
respiratory care services as provided in division (A)(4) of this
section.

(C)(1)
When practicing under the prescription or order of a certified nurse
practitioner, certified nurse midwife, or clinical nurse specialist
or under the supervision of such a nurse, the person's administration
of medication that requires a prescription is limited to the drugs
that the nurse is authorized to prescribe pursuant to section
4723.481 of the Revised Code.

(2)
When practicing under the order of a certified registered nurse
anesthetist, the person's administration of medication is limited to
the drugs that the nurse is authorized to order or direct the person
to administer, as provided in section 4723.43 of the Revised Code.

(3)
When practicing under the prescription or order of a physician
assistant or under the supervision of a physician assistant, the
person's administration of medication that requires a prescription is
limited to the drugs that the physician assistant is authorized to
prescribe pursuant to the physician assistant's
physician-delegated

prescriptive
authority.

Sec.
4765.51.
Nothing
in this chapter prevents or restricts the practice, services, or
activities of any registered nurse practicing within the scope of the
registered nurse's practice.

Nothing
in this chapter prevents or restricts the practice, services, or
activities of any physician assistant practicing in accordance with
a
supervision agreement entered into under section 4730.19 of the
Revised Code, including, if applicable, the policies of the health
care facility in which the physician assistant is practicing
section
4730.08 of the Revised Code
.

Nothing
in this chapter prevents or restricts the practice, services, or
activities of any certified mental health assistant practicing in
accordance with a supervision agreement entered into under section
4772.10 of the Revised Code.

Sec.
4773.01.
As
used in this chapter:

(A)
"General x-ray machine operator" means an individual who
operates ionizing radiation-generating equipment in order to perform
standard radiology procedures; whose performance of such procedures
is limited to specific body sites; and who does not, to any
significant degree, determine procedure positioning or the dosage of
radiation to which a patient is exposed.

(B)
"Chiropractor" means an individual licensed under Chapter
4734. of the Revised Code to practice chiropractic.

(C)
"Ionizing radiation" means any electromagnetic or
particulate radiation that interacts with atoms to produce ionization
in matter, including x-rays, gamma rays, alpha and beta particles,
high speed electrons, neutrons, and other nuclear particles.

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

(E)
"Podiatrist" means an individual authorized under Chapter
4731. of the Revised Code to practice podiatric medicine and surgery.

(F)
"Nuclear medicine technologist" means an individual who
does all of the following:

(1)
Prepares and administers radio-pharmaceuticals to human beings;

(2)
Conducts in vivo or in vitro detection and measurement of
radioactivity for medical purposes;

(3)
Documents orders for radio-pharmaceuticals in patient medical
records.

(G)
"Radiation therapy technologist" means an individual who
utilizes ionizing radiation-generating equipment, including therapy
simulator radiation-generating equipment, for therapeutic purposes on
human beings.

"Radiation
therapy technologist" is the same as a radiation therapist.

(H)
"Radiographer" means an individual who does all of the
following in order to perform a comprehensive scope of radiology
procedures on human beings:

(1)
Operates ionizing radiation-generating equipment;

(2)
Administers contrast;

(3)
Documents orders for contrast in patient medical records;

(4)
Determines procedure positioning;

(5)
Determines the dosage of ionizing radiation.

(I)
"Mechanotherapist" means an individual who holds a
certificate issued under section 4731.15 of the Revised Code
authorizing the individual to practice mechanotherapy.

(J)
"Physician assistant" means an individual who is licensed
to practice as a physician assistant under Chapter 4730. of the
Revised Code.

Sec.
4773.02.
(A)
Except as provided in division (B) of this section, no person shall
practice or hold self out as a general x-ray machine operator,
radiographer, radiation therapy technologist, or nuclear medicine
technologist without a valid license issued under this chapter for
the person's area of practice.

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

(1)

A

Any
of the following practitioners, to the extent that an activity
subject to this chapter is within the practitioner's scope of
practice: a
physician,
podiatrist,
physician
assistant,
mechanotherapist,
or chiropractor;

(2)

An
individual
Any
of the following practitioners
licensed
under Chapter 4715. of the Revised Code
,

to
practice
dentistry, to practice as a
the
extent that an activity subject to this chapter is within the
practitioner's scope of practice: a dentist,
dental
hygienist, or
to
practice as a
dental
x-ray machine operator;

(3)
As specified in 42 C.F.R. 75, radiologic personnel employed by the
federal government or serving in a branch of the armed forces of the
United States;

(4)
Students engaging in any of the activities performed by basic x-ray
machine operators, radiographers, radiation therapy technologists,
and nuclear medicine technologists as an integral part of a program
of study leading to receipt of a license issued under this chapter or
Chapter 4715.,
4730.,

4731.,
or 4734. of the Revised Code.

Sec.
4773.06.
(A)
Except as provided in division (C) of this section, a general x-ray
machine operator may perform radiologic procedures only if
direct
supervision is being provided. Direct supervision shall be provided
by
a
physician, podiatrist,

physician assistant,

mechanotherapist, or chiropractor

is providing direct supervision
.
Direct supervision does not require the
supervising

practitioner
to observe each radiologic procedure performed by the operator, but
does require
that

the

supervising

practitioner

to

be
present at the location where the operator is performing radiologic
procedures for purposes of consulting with and directing the operator
while performing the procedures. A practitioner supervising a general
x-ray machine operator may authorize the operator to perform only
those radiologic procedures that are within the practitioner's scope
of practice as determined by the laws under which the practitioner is
authorized to practice.

(B)
A radiographer, radiation therapy technologist, or nuclear medicine
technologist may perform radiologic procedures only if
a
physician is providing
general
supervision

is being provided. General supervision shall be provided by a
physician, except that in the case of computed tomography procedures,
general supervision also may be provided by a physician assistant
.
General supervision does not require the
physician

supervising
practitioner
to
observe each radiologic procedure performed or to be present at the
location where the procedure is being performed, but does require

that

the

physician

supervising
practitioner to
be
readily available for purposes of consulting with and directing the
individual while performing the procedures.

(C)
A general x-ray machine operator who is licensed under Chapter 4723.
of the Revised Code to practice as a registered nurse and is
providing occupational health nursing services in an industrial
workplace may perform radiologic procedures under a physician's
or
physician assistant's
general
supervision, as described in division (B) of this section.

Sec.
5122.10.
(A)(1)
Any of the following who has reason to believe that a person is a
person with a mental illness subject to court order and represents a
substantial risk of physical harm to self or others if allowed to
remain at liberty pending examination may take the person into
custody and may immediately transport the person to a hospital or,
notwithstanding section 5119.33 of the Revised Code, to a general
hospital not licensed by the department of behavioral health where
the person may be held for the period prescribed in this section:

(a)
A psychiatrist
;

(b)
A
or
any other
licensed
physician
;

(b)
A physician assistant licensed under Chapter 4730. of the Revised
Code
;

(c)
A licensed clinical psychologist;

(d)
A clinical nurse specialist who is certified as a psychiatric-mental
health CNS by the American nurses credentialing center;

(e)
A certified nurse practitioner who is certified as a
psychiatric-mental health NP by the American nurses credentialing
center;

(f)
A health officer;

(g)
A parole officer;

(h)
A police officer;

(i)
A sheriff.

(2)
If the chief of the adult parole authority or a parole or probation
officer with the approval of the chief of the authority has reason to
believe that a parolee, an offender under a community control
sanction or post-release control sanction, or an offender under
transitional control is a person with a mental illness subject to
court order and represents a substantial risk of physical harm to
self or others if allowed to remain at liberty pending examination,
the chief or officer may take the parolee or offender into custody
and may immediately transport the parolee or offender to a hospital
or, notwithstanding section 5119.33 of the Revised Code, to a general
hospital not licensed by the department of behavioral health where
the parolee or offender may be held for the period prescribed in this
section.

(B)
A written statement shall be given to the hospital by the individual
authorized under division (A)(1) or (2) of this section to transport
the person. The statement shall specify the circumstances under which
such person was taken into custody and the reasons for the belief
that the person is a person with a mental illness subject to court
order and represents a substantial risk of physical harm to self or
others if allowed to remain at liberty pending examination. This
statement shall be made available to the respondent or the
respondent's attorney upon request of either.

(C)
Every reasonable and appropriate effort shall be made to take persons
into custody in the least conspicuous manner possible. A person
taking the respondent into custody pursuant to this section shall
explain to the respondent: the name and professional designation and
affiliation of the person taking the respondent into custody; that
the custody-taking is not a criminal arrest; and that the person is
being taken for examination by mental health professionals at a
specified mental health facility identified by name.

(D)
If a person taken into custody under this section is transported to a
general hospital, the general hospital may admit the person, or
provide care and treatment for the person, or both, notwithstanding
section 5119.33 of the Revised Code, but by the end of twenty-four
hours after arrival at the general hospital, the person shall be
transferred to a hospital as defined in section 5122.01 of the
Revised Code.

(E)
A person transported or transferred to a hospital or community mental
health services provider under this section shall be examined by the
staff of the hospital or services provider within twenty-four hours
after arrival at the hospital or services provider. If to conduct the
examination requires that the person remain overnight, the hospital
or services provider shall admit the person in an unclassified status
until making a disposition under this section. After the examination,
if the chief clinical officer of the hospital or services provider
believes that the person is not a person with a mental illness
subject to court order, the chief clinical officer shall release or
discharge the person immediately unless a court has issued a
temporary order of detention applicable to the person under section
5122.11 of the Revised Code. After the examination, if the chief
clinical officer believes that the person is a person with a mental
illness subject to court order, the chief clinical officer may detain
the person for not more than three court days following the day of
the examination and during such period admit the person as a
voluntary patient under section 5122.02 of the Revised Code or file
an affidavit under section 5122.11 of the Revised Code. If neither
action is taken and a court has not otherwise issued a temporary
order of detention applicable to the person under section 5122.11 of
the Revised Code, the chief clinical officer shall discharge the
person at the end of the three-day period unless the person has been
sentenced to the department of rehabilitation and correction and has
not been released from the person's sentence, in which case the
person shall be returned to that department.

Sec.
5164.301.
(A)
As used in this section, "group practice" has the same
meaning as in section 4731.65 of the Revised Code.

(B)
The department of medicaid shall establish a process by which a
physician assistant may enter into a provider agreement.

(C)(1)
Subject to division (C)(2) of this section, a claim for medicaid
payment for a medicaid service provided by a physician assistant to a
medicaid recipient may be submitted by the physician assistant who
provided the service or the physician, group practice, clinic, or
other health care facility that employs the physician assistant.

(2)
A claim for medicaid payment may be submitted by the physician
assistant who provided the service only if the physician assistant
has a valid provider agreement. When submitting the claim, the
physician assistant shall use only the medicaid provider number the
department has assigned to the physician assistant.

(D)
If a physician assistant submits a claim under this section, the
medicaid program shall provide payment to the physician assistant to
the same extent that the program provides payment to any other
provider for providing an equivalent health care service.

Sec.
5903.12.
(A)
As used in this section:

"Continuing
education" means continuing education required of a licensee by
law and includes, but is not limited to, the continuing education
required of licensees under sections 3737.881, 3776.07, 3781.10,
4701.11, 4715.141, 4715.25, 4717.09, 4723.24, 4725.16, 4725.51,
4730.14,
4730.49,

4731.155,
4731.282, 4734.25, 4735.141, 4741.16, 4741.19, 4751.24, 4751.25,
4755.63, 4757.33, 4759.06, 4761.06, 4763.07, and 4772.081 of the
Revised Code.

"Reporting
period" means the period of time during which a licensee must
complete the number of hours of continuing education required of the
licensee by law.

(B)
A licensee may submit an application to a licensing agency, stating
that the licensee requires an extension of the current reporting
period because the licensee has served on active duty during the
current or a prior reporting period. The licensee shall submit proper
documentation certifying the active duty service and the length of
that active duty service. Upon receiving the application and proper
documentation, the licensing agency shall extend the current
reporting period by an amount of time equal to the total number of
months that the licensee spent on active duty during the current
reporting period. For purposes of this division, any portion of a
month served on active duty shall be considered one full month.

Section
2.
That
existing sections 1.64, 2108.16, 2108.61, 2111.031, 2111.49,
2133.211, 2305.51, 2907.13, 3313.7112, 3313.7117, 3705.01, 3705.09,
3705.15, 3705.16, 3705.17, 3705.22, 3705.29, 3705.30, 3705.33,
3705.35, 3705.99, 3715.50, 3719.06, 3719.064, 3727.06, 3727.70,
3728.01, 4723.36, 4725.27, 4725.40, 4725.53, 4725.56, 4725.59,
4729.01, 4729.39, 4730.01, 4730.02, 4730.03, 4730.04, 4730.05,
4730.06, 4730.07, 4730.08, 4730.141, 4730.15, 4730.20, 4730.201,
4730.203, 4730.204, 4730.22, 4730.25, 4730.26, 4730.39, 4730.41,
4730.411, 4730.43, 4730.432, 4730.433, 4730.437, 4730.49, 4730.53,
4730.56, 4731.22, 4731.297, 4731.33, 4761.17, 4765.51, 4773.01,
4773.02, 4773.06, 5122.10, 5164.301, and 5903.12 of the Revised Code
are hereby repealed.

Section
3.
That
sections 4730.19, 4730.202, 4730.21, 4730.38, 4730.42, and 4730.44 of
the Revised Code are hereby repealed.

Section
4.
Division
(C)(2) of section 4730.05 of the Revised Code, as amended by this
act, does not affect the members of the Physician Assistant Policy
Committee of the State Medical Board who are serving on the effective
date of this section and applies only to members who are appointed on
or after that date.

Section
5.
Section
3902.65 of the Revised Code, as enacted by this act, applies to
health benefit plans, as defined in section 3922.01 of the Revised
Code, that are delivered, issued for delivery, modified, or renewed
on or after the effective date of this section.

Section
6.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
4729.01 of the Revised Code as amended by H.B. 52, H.B. 96, S.B. 56,
and S.B. 152, all of the 136th General Assembly.

Section
4730.53 of the Revised Code as amended by S.B. 110 of the 131st
General Assembly and H.B. 394 and S.B. 276 both of the 130th General
Assembly.