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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 375
2025-2026
Senators Manning, Huffman
To
enact section 4731.2211 of the Revised Code
to
authorize a physician whose license was revoked to apply for
reinstatement.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 4731.2211 of the Revised Code be enacted to read as follows:
Sec.
4731.2211.
(A)(1)
An individual whose license to practice medicine and surgery or
osteopathic medicine and surgery was revoked under section 4731.22 of
the Revised Code may apply to the state medical board for
reinstatement of the individual's license.
(2)
An applicant shall submit to the board a written application on a
form prescribed and supplied by the board. The application shall
include all the information the board considers necessary to process
it. An applicant shall include with the application a fee of six
hundred ten dollars, no part of which may be returned. An application
is not considered submitted until the board receives the fee.
(3)
As part of an application, an applicant may request an adjudicatory
hearing by the board.
(B)
The board shall accept an application for reinstatement submitted
under this section as follows:
(1)
Only if submitted after the date that is five years after the date
the board issued its order revoking the applicant's license, except
that in the case of an applicant whose license was revoked under
division (B)(19) or (26) of section 4731.22 of the Revised Code, the
board shall accept an application submitted on any date that is after
the date the board issued its revocation order;
(2)
In the case of an applicant whose license was revoked under division
(B)(6) of section 4731.22 of the Revised Code, only if the grounds
for revocation under that section involved an act constituting a
misdemeanor offense;
(3)
In the case of an applicant whose license was revoked under division
(B)(9) or (10) of section 4731.22 of the Revised Code, only if the
felony offense that was the grounds for revocation under that section
was neither violent nor related to patient care;
(4)
Even if the board, when revoking an applicant's license, specified
under division (L) of section 4731.22 of the Revised Code that its
action was permanent.
(C)
To be eligible for reinstatement under this section, an applicant
shall demonstrate that all of the following are the case:
(1)
The applicant participated in one or more community service or
professional volunteer activities or programs while the license was
revoked.
(2)
In the case of an applicant whose license was revoked under division
(B)(19) of section 4731.22 of the Revised Code, the applicant has
been treated for the underlying mental or physical illness by a
provider recognized in accordance with this chapter.
(3)
In the case of an applicant whose license was revoked under division
(B)(26) of section 4731.22 of the Revised Code, the applicant
successfully completed a treatment program conducted by a treatment
provider approved in accordance with this chapter.
(4)
The applicant has complied with all terms specified in the board's
order revoking the license, including paying any fines or costs
imposed by the board.
(5)
The applicant has successfully completed, for each year the
applicant's license has been revoked, at least twenty-five hours of
continuing medical education approved by the board or has read an
equivalent amount of literature relevant to the applicant's practice
specialty as determined by the board.
(6)
The applicant has undergone an evaluation of the applicant's
professional skills and knowledge conducted by an individual or
entity trained or otherwise qualified to do so, and a written
assessment prepared by the individual or entity conducting the
evaluation demonstrates that the applicant has the professional
skills and knowledge necessary to practice medicine and surgery or
osteopathic medicine and surgery.
(7)
The applicant seeks in good faith to be reinstated to the privilege
of practicing medicine and surgery or osteopathic medicine and
surgery in this state.
(D)(1)
The board shall review and consider each application for
reinstatement it accepts. Following its review and consideration and,
if requested, the adjudicatory hearing described in division (A)(3)
of this section, the board may reinstate the applicant's license if
it finds, by clear and convincing evidence, both of the following:
(a)
That the requirements of division (C) of this section have been met;
(b)
That the applicant is of good moral character, is able to practice
with reasonable skill and safety to patients, and should be permitted
in the public interest to practice medicine and surgery or
osteopathic medicine and surgery.
(2)
The board shall not reinstate a license unless the applicant complies
with sections 4776.01 to 4776.04 of the Revised Code and the board,
in its discretion, decides that the results of the criminal records
check do not make the applicant ineligible for a license to practice
medicine and surgery or osteopathic medicine and surgery.
(3)
In the case of an applicant whose license was revoked under division
(B)(19) of section 4731.22 of the Revised Code, the board shall not
reinstate the applicant's license until it finds that the applicant
is mentally and physically able to practice medicine and surgery or
osteopathic medicine and surgery with reasonable skill and safety to
patients.
(E)
If the board reinstates a license under this section, then both of
the following apply:
(1)
The board shall impose both of the following terms and conditions on
the license holder:
(a)
Placing the holder on probation for a one-year period under
conditions set by the board;
(b)
Requiring the holder to successfully pass an examination prescribed
by the board to determine competency to practice medicine and surgery
or osteopathic medicine and surgery.
(2)
The board may impose additional terms and conditions on the license
holder, including the following:
(a)
In the case of a holder described in division (C)(2) of this section,
requiring the holder to undergo, on a regular basis, an examination
of the holder's mental or physical abilities conducted by an
individual or entity trained or otherwise qualified to do so and to
demonstrate, based on a written assessment prepared by the individual
or entity conducting the examination, that the holder has the mental
or physical skills necessary to practice medicine and surgery or
osteopathic medicine and surgery;
(b)
Requiring the holder to participate in didactic and clinical
coursework or training approved by the board in order to become
competent or proficient in areas of practice that the board finds
deficient.
(F)
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.