reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-2 - Notice of Adoption, Amendment, or Rescission of Rules › Section 4731-2-01 - Public notice of rules procedures

Current through all regulations passed and filed through July 1, 2024
(A) Prior to 
								proposing to adopt, amend, or rescind any rule by the
			 state medical board, public notice 
			 shall be given at least thirty days prior to the date set for the public
			 hearing , by publication of that
			 notice in the register of Ohio. 
								The notice shall include a statement of the
			 board's intention to consider adopting, amending, or rescinding a rule; a
			 synopsis of the proposed rule, amendment, or rule to be rescinded or a general
			 statement of the subject matter 
								of the proposed rule, amendment or rescission
			 ; a statement of the reason or
			 purpose for adopting, amending, or rescinding the rule; and the date, time, and
			 place of the public hearing on 
								the proposed action.
(B) The board may give whatever other notice
			 it reasonably considers necessary including, but not limited to, the following:
(1) The board shall post the notice of the
			 public rules hearing on the board's web site.
The board may also post the full text of the proposed rules on
				its web site.
(2) The board
			 may maintain a mailing list of all persons who have made a prior written
			 request to receive a copy of each public notice provided for in paragraph (A)
			 of this rule, and copies of such notices shall be sent by regular mail or
			 electronic mail to each person on the mailing list at least thirty days prior
			 to the date set for the hearing. Upon request, the board shall also promptly
			 send a copy of any notice provided for in paragraph (A) of this rule by regular
			 mail or electronic mail to any person not appearing on its mailing list. The board may assess a reasonable fee, not to exceed
			 the cost of copying and mailing, for notices sent to persons
			 
									according to this rule.
(3) Copies of the notice of the public rules
			 hearing and the full text of the proposed rules shall be available at the
			 board's offices at least thirty days prior to the date of the public rules
			 hearing.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-4 - Criminal Records Checks › Section 4731-4-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"Applicant for an initial license or certificate to
			 practice" includes a person seeking an initial license or certificate to
			 practice under Chapter 4730., 4731., 4759., 4760. , 4761., 4762., 4774., or
			 4778. of the Revised Code.
(B)
								"Applicant for a
			 restored license or certificate to practice" includes a person seeking
			 restoration of a license or certificate to practice pursuant to Chapter 4730.,
			 4731., 4759., 4760., 4761., 4762., 4774., or 4778. of the Revised
			 Code.
(C)
								"Criminal records check" has the same meaning as in
			 division (G) of section
			 109.572 of the Revised
			 Code.
(D)
								BCI means the "Ohio Bureau of Criminal Identification
			 and Investigation."
(E)
								"FBI" means the "Federal Bureau of
			 Investigation."
Replaces: 4730-3-01, 4731-4-01, 4774-2-01, and 4778-2-01
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-4 - Criminal Records Checks › Section 4731-4-02 - Criminal records checks

Current through all regulations passed and filed through July 1, 2024
(A) An applicant for an initial
			 license or certificate to practice or for a
			 restored license or certificate to practice
			 pursuant to Chapter 4730., 4731.,
			 4759., 4760, 4761.,
								 4762., 4774., or
			 4778. of the Revised Code, shall submit fingerprints, required forms, and
			 required fees to BCI for completion of BCI and FBI criminal records checks.
(1) An applicant who is present in Ohio shall
			 use the services of an entity that has been designated by the Ohio attorney
			 general to participate in the "National WebCheck" program (available at
http://www.ohioattorneygeneral.gov/
)
									and pay any
			 processing fee charged by the entity,  with the "State Medical
			 Board of Ohio" designated to receive the results:
(2) An applicant who resides in a state or
			 jurisdiction other than Ohio shall either appear in Ohio in order to comply
			 with the requirements of paragraph (A)(1) of this rule or request that the
			 board 
									provide the forms required 
									to complete the
			 criminal records checks .
Upon receipt of the forms, the applicant shall have
				
										his or
				her fingerprints 
										processed and pay any applicable processing fees .
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 4731-6 of the
				Administrative Code, the following definitions are applicable:
(A)
								"AOA" means the
			 American osteopathic association.
(B)
								"Board" means the
			 state medical board of Ohio.
(C)
								"COMLEX-USA"
			 means the comprehensive osteopathic medical licensing examination prepared by
			 the national board of osteopathic medical examiners.
(D)
								"COMVEX-USA"
			 means the comprehensive osteopathic medical variable purpose examination
			 prepared by the national board of osteopathic medical
			 examiners.
(E)
								"ECFMG" means the educational commission for foreign
			 medical graduates.
(F)
								"FCVS" means the federation credentials verification
			 service.
(G)
								"Federation" means the federation of state medical
			 boards of the United States, Inc.
(H)
								"FLEX" means the
			 federation licensing examination as prepared by the federation.
(I)
								"LCME" means the
			 liaison committee on medical education.
(J)
								"License" means a
			 license to practice medicine and surgery or osteopathic medicine and surgery
			 issued under section 4731.14 of the Revised
			 Code.
(K)
								"LMCC" means licentiate of the medical council of
			 Canada.
(L)
								"Medical and osteopathic examinations" means the
			 examinations to determine competency to practice medicine and surgery or
			 osteopathic medicine and surgery under section
			 4731.09 of the Revised
			 Code.
(M)
								"SPEX" means the special purpose examination as
			 prepared by the federation.
(N)
								"TOEFL iBT" means
			 the test of spoken English of the educational testing service.
(O)
								"Training
			 Program" means an internship, residency, clinical fellowship, or elective
			 clinical rotation that meets the requirements of division (A)(2) of section
			 4731.291 of the Revised
			 Code.
(P)
								"USMLE" means the United States medical licensing
			 examination as prepared by the federation and the national board of medical
			 examiners in a joint program.
Replaces: 4731-6-01
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-02 - Preliminary education for medical and osteopathic licensure

Current through all regulations passed and filed through July 1, 2024
(A)
								The following constitutes prima facie evidence that an
			 applicant for a license has met the requirements of divisions (A)(2) and (A)(3)
			 of section 4731.09 of the Revised
			 Code.
(1)
									The
			 applicant holds a diploma from a medical or osteopathic medical school that, at
			 the time the diploma was issued, was a medical school accredited by the LCME or
			 an osteopathic medical school accredited by the AOA; or
(2)
									The applicant
			 holds certification from the ECFMG .
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-03 - Eligibility for the medical and osteopathic examination

Current through all regulations passed and filed through July 1, 2024
(A) An applicant
			 for consideration to take the medical and osteopathic examination must satisfy
			 the requisite preliminary education pursuant to section
			 4731.09 of the Revised Code and
			 must meet the educational requirements of section
			 4731.09 1 of the Revised Code.
(B) An applicant must have
			 successfully completed one of the following:
(1) Step 1 and step 2 of the USMLE; or
(2) Level 1 and level 2 of the
			 COMLEX-USA.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-04 - Demonstration of proficiency in spoken English

Current through all regulations passed and filed through July 1, 2024
Demonstration of proficiency in spoken English, pursuant to
				section 4731.142 of the Revised Code,
				requires successful completion of the "Test of English as a Foreign Language,
				Internet-based Test" ("TOEFL iBT"). Successful completion of the TOEFL iBT
				requires a total score of ninety or higher and the following minimum scores or
				higher by section:
(A) Writing: no
			 minimum;
(B) Speaking: twenty-six;
(C) Listening: twenty-six; and
(D) Reading: no minimum.
Five Year Review (FYR) Dates:
				06/09/2017 and
				06/09/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 4731.142
Prior
				Effective Dates: 2/28/08
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-05 - Medical and osteopathic examination

Current through all regulations passed and filed through July 1, 2024
(A)
								The medical and
			 osteopathic examinations shall be all steps of the USMLE or all levels of the
			 COMLEX-USA.
(B)
								An applicant shall have passed all steps of the USMLE
			 or all levels of the COMLEX-USA within a ten-year period, and achieved a
			 recognized passing performance on each step or level. No applicant may have
			 exceeded the maximum number of attempts for any step or level established by
			 the national board of medical examiners or the national board of osteopathic
			 medical examiners, as effective on the date of application for a
			 license.
(C)
								The board may waive the requirements of paragraph (B)
			 of this rule, if the applicant meets one or more of the following, as
			 applicable:
(1)
									Holds current specialty board certification from a member
			 board of the American board of medical specialties or the AOA;
			 or
(2)
									Demonstrates that a step or level was completed within
			 the maximum number of attempts permitted by the national board of medical
			 examiners or the national board of osteopathic medical examiners, at the time
			 the step or level was successfully completed, provided that the applicant did
			 not exceed six attempts for the step or level.
(3)
									Demonstrates good
			 cause, as determined by the board, for not having passed all steps or levels
			 with a ten-year period.
(4)
									Steps or levels of the USMLE and COMLEX-USA cannot be
			 combined to fulfill an acceptable testing sequence as required by this
			 rule.
Replaces: 4731-6-05
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-07 - Passing average on examination

Current through all regulations passed and filed through July 1, 2024
(A) The passing performance for the USMLE
			 step 3 as reported by the USMLE program shall constitute successful completion
			 of the examination.
(B) The
			 passing performance for the COMLEX-USA level 3, as reported by the COMLEX-USA
			 program shall constitute successful completion of the examination.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-10 - Clinical competency examination

Current through all regulations passed and filed through July 1, 2024
(A)
								 For purposes of
			 section 4731.222 of the Revised Code, a
			 passing score on SPEX, as reported by the federation, on the COMVEX-USA, as
			 reported by the NBOME, or a board re-certification examination as reported by
			 the appropriate certification board, shall constitute successful completion of
			 the examination.
(B)
								 The applicant for the SPEX shall apply directly to the
			 federation. An applicant may contact the NBOME regarding application to the
			 COMVEX-USA.
Replaces: 4731-6-10
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-14 - Eligibility for licensure

Current through all regulations passed and filed through July 1, 2024
(A)
								The board shall
			 issue a license to each individual who meets all applicable requirements under
			 section 4731.09 of the Revised Code, and
			 who passes the medical and osteopathic examination in accordance with rule
			 4731-6-05
			 of the Administrative Code, or has passed one of the following
			 examinations:
(B)
(1)
									One of the
			 following examination sequences, with all steps, parts, levels or components
			 having been administered prior to January 2000. The score achieved on each
			 step, part, level or component must have equaled or exceeded the figure
			 established by the USMLE program, the national board of medical examiners, the
			 national board of osteopathic medical examiners or the federation as a passing
			 score for that step, part, level or component, respectively.
(a)
										Part I of the
			 national board of medical examiners examination or step 1 of the USMLE, part II
			 of the national board of medical examiners examination or step 2 of the USMLE,
			 and part III of the national board of medical examiners examination or step 3
			 of the USMLE or component 2 of the FLEX; or
(b)
										Part I of the
			 national board of osteopathic medical examiners examination or level 1 of the
			 COMLEX-USA, part II of the national board of osteopathic medical examiners
			 examination or level 2 of the COMLEX-USA, and part III of the national board of
			 osteopathic medical examiners examination or level 3 of the
			 COMLEX-USA.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-15 - Eligibility for licensure of national board diplomates and medical council of Canada licentiates

Current through all regulations passed and filed through July 1, 2024
A diplomate of the national board of
				medical examiners or the national board of osteopathic medical examiners or an
				LMCC is eligible for licensure if the applicant meets the requirements of
				section 4731.09 of the Revised
				Code.
Replaces: 4731-6-15
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-21 - Application procedures for license issuance; investigation

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to division (B) of section
			 4731.09 of the Revised Code, all
			 applicants for a license shall submit to the board an application under oath in
			 the manner determined by the board, and provide such other facts and materials
			 as the board requires. No application shall be considered submitted to the
			 board until the appropriate fee has been received by the board.
(B)
								Except for
			 applicants applying for a license under section
			 4731.299 of the Revised Code,
			 all applicants for a license shall cause the FCVS to release the applicant's
			 "Physician Information Profile" to the board.
(C)
								No application
			 submitted to the board shall be considered complete until the applicant has
			 complied with the requirements of paragraph (A) of rule
			 4731-4-02
			 of the Administrative Code and the board has received the results of the
			 criminal records checks.
(D)
								The board reserves the right to thoroughly investigate
			 all materials submitted as part of an application. The board may contact
			 individuals, agencies, or organizations for recommendations or other
			 information about applicants as the board deems necessary. Applicants may be
			 requested to appear before the board or a representative thereof as part of the
			 application process.
Replaces: 4731-6-21
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-22 - Abandonment and withdrawal of applications

Current through all regulations passed and filed through July 1, 2024
(A) If 
								an applicant
			 
								for any license or certificate issued under section
			 4731.14,
			 4731.291,
			 4731.292,
			 4731.293,
			 4731.294,
			 4731.295,
			 4731.296,
			 4731.297.
			 4731.298, or
			 4731.299
								 fails to
			 complete the application process within six months of initial application
			 filing, the board may notify the applicant in writing of its intention to
			 consider the application abandoned. If no response to that notice is received
			 by the board within thirty days ,
			 the board shall consider the application as abandoned and no further processing
			 shall be undertaken with respect to that application.
(B) If the application process extends for a
			 period longer than six months, the board may require updated information as it
			 deems necessary.
(C) No application
			 
								being investigated under section
			 4731.22 of the Revised
			 Code, may be withdrawn without approval of the board.
(D) Application fees are not
			 refundable.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-30 - Training certificates

Current through all regulations passed and filed through July 1, 2024
(A)
								A training
			 certificate is mandatory for participation in a training program unless the
			 participant holds a license to practice medicine and surgery or osteopathic
			 medicine and surgery. The participation in the programs prior to receiving an
			 acknowledgment letter or a training certificate from the board is the
			 unlicensed practice of medicine pursuant to section
			 4731.34 of the Revised
			 Code.
(B)
								An individual may not begin participation in a training
			 program unless the individual has been issued one of the following:
(1)
									A diploma from an
			 LCME accredited medical school or AOA accredited osteopathic medical school;
			 or
(2)
									 An ECFMG certificate or a fifth pathway
			 certificate.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-31 - Limited preexamination registration and limited certification

Current through all regulations passed and filed through July 1, 2024
(A)
								An applicant for a limited preexamination registration
			 to practice in state-operated institutions under section
			 4731.292 of the Revised Code
			 must be a graduate of a medical or osteopathic school or college that was
			 reputable and in good standing in the judgment of the board at the time the
			 diploma was issued. A school shall be considered reputable and in good standing
			 if it is accredited by the LCME or the AOA, or if its graduates are eligible
			 for ECFMG certification. In addition, an applicant for limited preexamination
			 registration must:
(1)
									Submit an application for limited preexamination
			 registration and pay the appropriate fee.
(2)
									Have achieved a
			 recognized passing performance on step 1 and step 2 of the USMLE or levels 1
			 and 2 of the COMLEX-USA.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-32 - Clinical research faculty certificates

Current through all regulations passed and filed through July 1, 2024
(A) A 
								clinical research faculty
			 certificate may be issued to an applicant holding a current, unrestricted
			 license to practice medicine and surgery in another state or country if the
			 applicant has been appointed to serve in this state on academic staff of an
			 LCME or AOA accredited school and meets the eligibility requirements of section
			 4731.293 of the Revised Code. A
			 current, unrestricted license is a license or other authority granted by the
			 appropriate entity or governmental body which lawfully permits the applicant to
			 practice all branches of medicine and surgery or osteopathic medicine and
			 surgery without governmental restriction or limitation.
(B) The holder of a
			 
								clinical research faculty certificate may practice
			 only as is incidental to teaching or research
			 duties at the school, or at those teaching hospitals affiliated with the
			 school. Those duties must be set forth upon the application and approved by the
			 board.
(C) By signing the
			 application for a 
								clinical research faculty certificate, the dean
			 of the school and the medical director of each affiliated teaching hospital are
			 responsible for assuring that the holder of the certificate does not engage in
			 practice outside its scope. They are further responsible for reporting any
			 belief that practice outside its scope has occurred.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-33 - Special activity certificates

Current through all regulations passed and filed through July 1, 2024
(A)
								A special
			 activity certificate shall not be issued for purposes of locum
			 tenens.
(B)
								For purposes of meeting the requirement of division
			 (B)(1)(c) of section 4731.294 of the Revised Code,the
			 applicant must have done one of the following:
(1)
									Passed step 3 of
			 the USMLE or level 3 of the COMLEX-USA, as applicable. All three steps must
			 have been passed in accordance with rule
			 4731-6-05
			 of the Administrative Code; or
(2)
									Passed the SPEX
			 or the COMVEX-USA.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-6 - Medical or Osteopathic License › Section 4731-6-34 - Volunteer certificates

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of
			 meeting the requirement of division (C)(3) of section
			 4731.295 of the Revised Code,
			 good standing means the authority to practice medicine and surgery or
			 osteopathic medicine and surgery without government restriction or
			 limitation.
(B)
								For purposes of issuance of a volunteer's certificate,
			 an applicant shall be considered retired from practice if the applicant's
			 license has been surrendered or allowed to expire with the intention of ceasing
			 to practice medicine and surgery or osteopathic medicine and surgery for
			 remuneration in this or any other state, without request to do so by the proper
			 licensing authority of the state and without knowledge that the applicant is
			 the subject of an active investigation by the proper licensing authority of the
			 state.
(C)
								The board may require the applicant to demonstrate
			 present fitness to practice in the manner provided in section
			 4731.222 of the Revised Code
			 before issuing a volunteer's certificate to an applicant whose license has been
			 in an inactive status for more than two years or who has not been engaged in
			 the active practice of the applicant's profession for more than two
			 years.
Replaces: 4731-6 -34
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-7 - Notice of Meetings › Section 4731-7-01 - Method of notice of meetings

Current through all regulations passed and filed through July 1, 2024
(A) Any person may determine the time and
			 place of all regularly scheduled meetings and the time, place, and purpose of
			 all special meetings by:
(1) Writing the
			 state medical board of Ohio (hereinafter, "board") at its business
			 address;
(2) Calling the board at
			 its business office during normal business hours;
(3) Checking the board's public
			 website.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-8 - Personal Information Systems › Section 4731-8-01 - Personal information systems

Current through all regulations passed and filed through July 1, 2024
(A) All personal information systems of the
			 state medical board shall be maintained in accordance with chapter 1347. of the
			 Revised Code.
(B) The executive
			 director of the state medical board shall designate one or more persons to be
			 directly responsible for the personal information systems maintained by the
			 State Medical Board;
(C) An
			 employee who initiates or otherwise contributes to any disciplinary or other
			 punitive action against any individual who brings to the attention of
			 appropriate authorities, the press, or any member of the public, evidence of
			 unauthorized use of information contained in the Medical Board's personal
			 information systems shall be disciplined at the discretion of the executive
			 director and in a manner which he or she deems appropriate.
(D) If personal information contained in the
			 Medical Board's personal information systems is not accurate, relevant, timely,
			 and complete, this fact shall be directed to the attention of the executive
			 director's designee(s), who shall take such action as he is deemed appropriate
			 concerning the information system in order to assure fairness in any
			 determination made with respect to the person on the basis of the information.
(E) The state medical board shall
			 collect only personal information that is necessary and relevant to the
			 functions that the board is required to perform by statute, ordinance, code, or
			 rule. The executive director's designee(s) shall eliminate personal information
			 from the system when he determines it is determined that the information is no
			 longer necessary and relevant to those functions.
Five Year Review (FYR) Dates:
				04/21/2016 and
				04/21/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1347.05;
				4731.05
Rule
				Amplifies: Chapter 1347
Prior Effective Dates:
				06/30/05
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-8 - Personal Information Systems › Section 4731-8-03 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems,
				whether manual or computer systems, that contain confidential personal
				information, the board shall do the following:
(A)
								 Establish
			 criteria for accessing confidential personal information. Personal information
			 systems of the board are managed on a "need-to-know" basis whereby the
			 information owner determines the level of access required for an employee of
			 the board to fulfill his/her job duties. The determination of access to
			 confidential personal information shall be approved by the employee's
			 supervisor and the information owner prior to providing the employee with
			 access to confidential personal information within a personal information
			 system. The board shall establish procedures for determining a revision to an
			 employee's access to confidential personal information upon a change to that
			 employee's job duties including, but not limited to, transfer or termination.
			 Whenever an employee's job duties no longer require access to confidential
			 personal information in a personal information system, the employee's access to
			 confidential personal information shall be removed.
(B)
								 Respond to an
			 individual's request for a list of confidential personal information. Upon the
			 signed written request of any individual for a list of confidential personal
			 information about the individual maintained by the board, the board shall do
			 all of the following:
(1)
									 Verify the identity of the individual by a method that
			 provides safeguards commensurate with the risk associated with the confidential
			 personal information;
(2)
									 Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(3)
									 Inform the individual that the board has no
			 confidential personal information about the individual that is responsive to
			 the individual's request if all information maintained by the board relates to
			 an investigation about that individual.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-8 - Personal Information Systems › Section 4731-8-04 - Valid reasons for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of division (B)(2) of section
				1347.15
				of the Revised Code, this rule contains a list of valid reasons, directly
				related to the board's exercise of its powers or duties, for which only
				employees of the board may access confidential personal information regardless
				of whether the personal information system is a manual system or computer
				system:
(A) Responding to a public
			 records request;
(B) Responding to
			 a request from an individual for the list of confidential personal information
			 the board maintains on that individual;
(C) Administering a constitutional provision
			 or duty;
(D) Administering a
			 statutory provision or duty;
(E)
			 Administering an administrative rule provision or duty;
(F) Complying with any state or federal
			 program requirements;
(G)
			 Processing or payment of invoices and other financial activities;
(H) Auditing purposes;
(I) Licensure, renewal, or verification of
			 licensure processes;
(J)
			 Investigation or law enforcement purposes;
(K) Administrative hearings or evidentiary
			 review by a hearing examiner;
(L)
			 Litigation, complying with an order of the court, or subpoena;
(M) Human resource matters (e.g., hiring,
			 promotion, demotion, discharge, salary/ compensation issues, leave
			 requests/issues, time card approvals/issues, payroll, Federal Medical Leave Act
			 issues, disability issues, employee assistance program issues);
(N) Complying with an executive order or
			 policy;
(O) Complying with a board
			 policy or resolution, or with a state administrative policy or directive issued
			 by the department of administrative services, the office of budget and
			 management or other similar state board;
(P) Complying with a collective bargaining
			 agreement provision;
(Q)
			 Administering a board program;
(R)
			 Facilitating operational efficiencies or responding to complaints about the
			 board's investigative, monitoring, or licensure processes; or
(S) Maintaining data systems or performing
			 information technology responsibilities.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-8 - Personal Information Systems › Section 4731-8-05 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
With regard to confidential personal information maintained by
				the board, the following federal statutes or regulations or state statutes and
				administrative rules make the personal information confidential:
(A) Social security numbers of applicants,
			 licensees, and board employees:
			 5 U.S.C.
			 552a., unless the individual was told that
			 the number would be disclosed.
(B)
			 "Bureau of Criminal Investigation and Information" criminal records check
			 results: section
			 4776.04
			 of the Revised Code.
(C)
			 Complaints, the names of complainants and patients, and information received in
			 an investigation, including any medical records of the subject of the
			 complaint: division (F) of section
			 4730.26,
			 division (F) of section
			 4731.22,
			 division (E) of section
			 4760.14,
			 division (E) of section
			 4762.14,
			 and division (E) of section
			 4774.14
			 of the Revised Code.
(D) Medical
			 malpractice payouts reported by a professional liability insurer: division (F)
			 of section
			 4730.32,
			 division (F) of section
			 4731.224,
			 division (F) of section
			 4760.16,
			 division (F) of section
			 4762.16,
			 and division (F) of section
			 4774.16
			 of the Revised Code.
(E) Formal
			 disciplinary action reported by a health care facility: division (F) of section
			 4730.32,
			 division (F) of section
			 4731.224,
			 division (F) of section
			 4760.16,
			 division (F) of section
			 4762.16,
			 and division (F) of section
			 4774.16
			 of the Revised Code.
(F) A belief
			 that a violation of law has occurred when reported by a licensee or
			 professional society of licensees: division (F) of section
			 4730.32,
			 division (F) of section
			 4731.224,
			 division (F) of section
			 4760.16,
			 division (F) of section
			 4762.16,
			 and division (F) of section
			 4774.16
			 of the Revised Code.
(G) Medical
			 records of board employees or their family members: "Family Medical Leave Act
			 of 1993,"
			 Pub.
			 L. No. 103-3;
			 29 U.S.C. Sec.
			 260 as implemented in
			 29 C.F.R.
			 825.500; Section I of the "Americans with
			 Disabilities Act of 1990,"
			 42 U.S.C. Sec.
			 12112(d).
(H) Employee assistance program records:
			 section
			 124.88
			 of the Revised Code.
(I) Alcohol
			 and drug treatment records: 42 CFR Part 2; 42 U.S.C. 290dd-3.
(J) "Federal Bureau of Investigation"
			 criminal records check results: section
			 4776.04
			 of the Revised Code;
			 28 CFR
			 20.33(d).
(K) "National Practitioner Data Bank" and
			 "Healthcare and Integrity Protection Data Bank" reports: 45 CFR Part
			 60.
(L)
								
			 Residential and familial information for covered licensees: divisions
			 (A)(1)(p), (A)(7), and (A)(8) of section
			 149.43
			 of the Revised Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-8 - Personal Information Systems › Section 4731-8-06 - Restricting and logging access to confidential personal information in computerized personal information systems

Current through all regulations passed and filed through July 1, 2024
For personal information systems that
				are computer systems and contain confidential personal information, the board
				shall do the following:
(A)
								 Access restrictions. Access to confidential personal
			 information that is kept electronically shall require a password or other
			 authentication measure.
(B)
								 Acquisition of a new computer system. When the board
			 acquires a new computer system that stores, manages or contains confidential
			 personal information, the board shall include a mechanism for recording
			 specific access by employees of the board to confidential personal information
			 in the system.
(C)
								 Upgrading existing computer systems. When the board
			 makes an upgrade to a computer system, as that term is defined in rule
			 4731-8-02 of the
			 Administrative Code, to an existing computer system that stores, manages or
			 contains confidential personal information, the upgrade shall include a
			 mechanism for recording specific access by employees of the board to
			 confidential personal information in the system.
(D)
								 Logging
			 requirements regarding confidential personal information in existing computer
			 systems.
(1)
									
			 Employees who access confidential personal information within computer systems
			 shall maintain a log that records that access.
(2)
									 Access to
			 confidential information is not required to be entered into a log under the
			 following circumstances:
(a)
										 The employee is accessing confidential personal
			 information for official board purposes, including research, and the access is
			 not specifically directed toward a specifically named individual or a group of
			 specifically named individuals.
(b)
										 The employee is
			 accessing confidential personal information for routine office procedures and
			 the access is not specifically directed toward a specifically named individual
			 or a group of specifically named individuals.
(c)
										 The employee
			 comes into incidental contact with confidential personal information and the
			 access of the information is not specifically directed toward a specifically
			 named individual or a group of specifically named individuals.
(d)
										 The employee
			 accesses confidential personal information about an individual based upon a
			 request made under either of the following circumstances:
(i)
											 The individual
			 requests confidential personal information about himself/herself; or
(ii)
											 The
			 individual makes a request that the board take some action on that individual's
			 behalf and accessing the confidential personal information is required in order
			 to consider or process that request.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-9 - Recordation of Meetings › Section 4731-9-01 - Record of board meetings; recording, filming, and photographing of meetings

Current through all regulations passed and filed through July 1, 2024
(A) The minutes of board meetings, upon
			 approval by the board, shall constitute the official record of its proceedings.
			 Audio recordings of meetings made for the purpose of facilitating the
			 transcription of minutes shall be considered transitory documents.
(B) In order to promote the orderly
			 transaction of business, any party intending to broadcast, televise, record, or photograph any board meeting shall provide
			 written notice  to the board within at least twenty-four hours prior to the
			 scheduled meeting.The board shall not refuse permission to broadcast,
			 televise, record, or photograph a meeting based
			 solely upon a determination that prior written notice was not provided in a
			 timely fashion.
(C) Board meetings
			 may be broadcast, televised, recorded, or
			 photographed consistent with the following
			 standards:
(1) The
			 presiding officer of the board or his or her designee shall designate a
			 reasonable location or locations within the meeting room from which
			 broadcasting, televising, recording, or photographing may take place;
(2)
									Broadcasting, televising,
			 recording, or photographic equipment
			 
									used
			 at the board meeting shall be silent, unobtrusive, self-contained, and self-powered so as not to interfere with any
			 individual's ability to hear, see 
									or participate in the meeting and so as not
			 to interfere with the orderly transaction of
			 board business; and
(3)
									
									The
			 presiding officer or his or her designee may terminate
			 or limit the
			 broadcasting, televising, recording, or
			 photographing if it is determined that it is
			 interfering with the orderly transaction of board business, is inhibiting a
			 participant's presentation to the board, or is
			 interfering with the dignity of the proceedings.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-10 - Licensing; Continuing Education › Section 4731-10-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter of the
				Administrative Code:
(A)
								"License" means the legal authorization issued by the
			 board to practice medicine and surgery, osteopathic medicine and surgery, or
			 podiatric medicine and surgery in Ohio.
(B)
								"CME" means
			 continuing medical education.
(C)
								"License renewal"
			 means the extension of a current license by fulfilling the requirements of
			 section
			 4731.281 of the
			 Revised Code, and this chapter of the Administrative Code.
(D)
								"License
			 reinstatement" means the reactivation of a license which has lapsed or been in
			 a suspended or inactive status for two years or less for any
			 reason.
(E)
								"License restoration" means the reactivation of a
			 license which has lapsed or been in a suspended or inactive status for more
			 than two years for any reason.
(F)
								"Licensee" means
			 a person who holds a license to practice medicine and surgery, osteopathic
			 medicine and surgery, or podiatric medicine and surgery in
			 Ohio.
(G)
								"Registration period" means the period between the
			 granting or renewal of a license and the next scheduled license renewal
			 date.
(H)
								"Volunteer registration period" means the period
			 between the granting or renewal of a volunteer certificate and the next
			 scheduled renewal date.
(I)
								"Board" means the state medical board of
			 Ohio.
(J)
								"CME waiver" means a reduction of CME hours that may be
			 granted by the board on an individual basis to licensees or certificate holders
			 that have been disabled by illness or accident for a minimum of six consecutive
			 months, or absent from United States for a minimum of six consecutive months,
			 during a CME registration period, volunteer registration period, clinical
			 research registration period, or conceded eminence registration
			 period.
(K)
								"Clinical research registration period" means the
			 period between the granting or renewal of a clinical research faculty
			 certificate and the next scheduled renewal date."
(L)
								"Conceded
			 eminence registration period" means the period between the granting or renewal
			 of a certificate of conceded eminence and the next scheduled renewal
			 date.
(M)
								"Certificate holder" means a person that holds a
			 volunteer's certificate, clinical research faculty certificate, or certificate
			 of conceded eminence.
Replaces: 4731-10-01
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-10 - Licensing; Continuing Education › Section 4731-10-02 - Requisite hours of continuing medical education for license renewal or reinstatement

Current through all regulations passed and filed through July 1, 2024
(A)
								During a
			 registration period, a licensee shall be required to complete fifty hours of
			 CME. A licensee must complete a minimum of one hour of CME, approved by the
			 board, on the topic of a licensee's duty to report misconduct under section
			 4731.224 of
			 the Revised Code. The remainder shall be completed by participating in the
			 following:
(1)
									Educational activities recognized by the American medical
			 association as category 1 pursuant to its CME categorization system, and
(a)
										Are certified for
			 category 1 CME credit by the Ohio state medical association;
(b)
										Are certified for
			 category 1 CME credit by an institution or organization accredited by the Ohio
			 state medical association or the accreditation council for continuing medical
			 education; or
(c)
										Have been awarded category 1 CME credit directly by the
			 American medical association.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-10 - Licensing; Continuing Education › Section 4731-10-03 - CME waiver

Current through all regulations passed and filed through July 1, 2024
For purposes of obtaining a CME waiver,
				a licensee or certificate holder shall have the burden of establishing that the
				illness, accident, or absence affected the reasonable opportunity to
				participate in CME activities. Request for a CME waiver shall be submitted to
				the board at least sixty days prior to the end of the registration period,
				volunteer registration period, clinical research registration period, or
				conceded eminence registration period, as applicable. A licensee or holder of a
				certificate shall not submit the renewal application prior to receiving
				approval from the board of the waiver request.
Replaces: 4731-10-03
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-10 - Licensing; Continuing Education › Section 4731-10-04 - Continuing medical education requirements for restoration of a license

Current through all regulations passed and filed through July 1, 2024
To be eligible for restoration of a
				license the licensee shall submit evidence establishing that the licensee has
				met the requirements of rule
				4731-10-02
				of the Administrative Code during the twenty four months preceding the board's
				receipt of the application for restoration. If the licensee has not met the
				requirements, the licensee must do so as a prerequisite to restoration of the
				license.
Replaces: 4731-10-04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-10 - Licensing; Continuing Education › Section 4731-10-08 - Evidence of continuing medical education

Current through all regulations passed and filed through July 1, 2024
(A)
								Each licensee or
			 certificate holder applying for license renewal or license reinstatement shall
			 certify completion of the requisite hours of CME pursuant to the rules in this
			 chapter.
(B)
								The board may select applications for verification that
			 all CME requirements have been met. Licensees and certificate holders whose
			 applications are selected shall submit additional documentation of compliance
			 with CME requirements as the board may require. Failure to submit the
			 additional documents shall constitute a violation of section
			 4731.282
			 of the Revised Code and section
			 4731.22
			 of the Revised Code.
(C)
								Licensees and certificate holders have a continuing
			 obligation to maintain detailed records of CME hours completed. The licensee or
			 certificate holder shall obtain verification of completion of CME activities.
			 At a minimum, verification shall include a description of the CME activity, the
			 date of attendance or completion, and the number of hours completed. Records of
			 all CME undertaken shall be retained by the licensee or certificate holder for
			 two years after the end of the CME period and shall be made available to the
			 board upon request.
(D)
								Licensees seeking to receive credit pursuant to
			 paragraph (A)(6) of rule
			 4731-10-02
			 of the Administrative Code shall maintain a log of their qualifying activities.
			 The log shall indicate the dates the health care services were provided, the
			 number of hours spent providing health care services on those dates, and the
			 location where the health care services were provided.
(E)
								Notwithstanding
			 the provisions of paragraph (C) of this rule, licensees and certificate holders
			 shall not destroy or otherwise make unavailable written documentation of CME
			 activity after the board has requested verification of CME pursuant to this
			 rule or section
			 4731.22
			 of the Revised Code. Upon verification that all CME requirements have been met,
			 the applicant or licensee or certificate holder may destroy the requested
			 records.
(F)
								Nothing in this rule shall limit the board's authority
			 to investigate and take action under section
			 4731.22
			 of the Revised Code.
Replaces: 4731-10-08