reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-18 - Surgery Standards › Section 4731-18-02 - Use of light based medical devices

Current through all regulations passed and filed through July 1, 2024
(A) The application of light based medical
			 devices to the human body is the practice of medicine and surgery, osteopathic
			 medicine and surgery, or podiatric medicine and surgery.
(B) A physician shall not delegate the
			 application of light based medical devices for ablative procedures.
(C) A physician may delegate the application
			 of a vascular laser for non-ablative dermatologic procedures according to the
			 requirements in paragraph (A) of rule
			 4731-18-03 of the Administrative
			 Code.
(D) A physician may delegate
			 the application of light based medical devices for the purpose of hair removal
			 according to the  requirements
			 of section
			 4731.33 of the Revised
			 Code.
(E) A physician may
			 delegate the application of phototherapy for the treatment of
			 hyperbilirubinemia in neonates according to the requirements in paragraph (A)
			 of rule 4731-18-04 of the Administrative
			 Code.
(F) A physician may delegate
			 the application of phototherapy and photodynamic therapy only for dermatologic
			 purposes according to the requirements of paragraphs (B) and (C) of rule
			 4731-18-04 of the Administrative
			 Code.
(G) A violation of paragraph
			 (B) of this rule shall constitute "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," as that clause is used in division (B)(6) of section
			 4731.22 of the Revised Code and
			 "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," as that clause is used in
			 division (B)(20) of section
			 4731.22 of the Revised Code, to
			 wit: section 4731.41 of the Revised
			 Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-18 - Surgery Standards › Section 4731-18-04 - Delegation of phototherapy and photodynamic therapy

Current through all regulations passed and filed through July 1, 2024
(A)
								A physician may
			 delegate to any appropriate person the application of light based medical
			 devices cleared or approved by the United States food and drug administration
			 for phototherapy in treatment of hyperbilirubinemia in neonates only if all the
			 following conditions are met:
(1)
									The use of the light based medical device for this
			 treatment is within the physician's normal course of practice and
			 expertise.
(2)
									The delegation and application of light based medical
			 devices for phototherapy for this treatment is performed pursuant to hospital
			 rules, regulations, policies, and protocols.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-20 - Surgery Privileges of Podiatrist › Section 4731-20-01 - Definition of foot

Current through all regulations passed and filed through July 1, 2024
"Foot," as used in section
				4731.51 of the Revised Code,
				means the terminal appendage of the lower extremity and includes the ankle
				joint which consists of the tibial plafond, its posterolateral border
				(posterior malleolus), the medial malleolus, distal fibula (lateral malleolus)
				and the talus.
Replaces: 4731-20-01
Effective: 5/31/2018
Five Year
				Review (FYR) Dates: 05/31/2023
Promulgated Under:
				119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 4731.51
Prior
				Effective Dates: 01/30/1997,
				02/28/2004
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-20 - Surgery Privileges of Podiatrist › Section 4731-20-02 - Surgery: ankle joint

Current through all regulations passed and filed through July 1, 2024
(A)
								A podiatric
			 physician may perform surgery on the ankle joint, when both of the following
			 requirements are met:
(1)
									The podiatric physician holds privileges to perform
			 surgery on the ankle joint from one or more of the following entities:
(a)
										A college of
			 podiatric medicine and surgery approved by the board pursuant to section
			 4731.51 of the Revised
			 Code;
(b)
										A hospital approved by the "Joint Commission" or the
			 "American Osteopathic Association"; or
(c)
										An ambulatory
			 surgical facility approved by the department of health pursuant to its
			 authority under Chapter 3702. of the Revised Code; and
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-22 - Emeritus Registration › Section 4731-22-01 - Retired license status

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of
			 this chapter:
(1)
									"Active registration with the federal drug enforcement
			 administration" means any active registration with the federal drug enforcement
			 administration in any state.
(2)
									"Licensee" means
			 a person holding an active license with the medical board under Chapter 4730.,
			 4731., 4759., 4760., 4761., 4762., 4774., or 4778. of the Revised Code except
			 physician training certificate holders or limited permit holders in dietetics
			 or respiratory care.
(3)
									"Retired" means that a licensee of the board has
			 retired from the practice of the licensed profession in this state and is not
			 practicing that licensed profession in this state under any
			 circumstances.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-23 - Delegation of Medical Tasks › Section 4731-23-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 4731-23 of the Administrative Code:
(A) "Administer" means the direct application
			 of a drug, whether by injection, inhalation, ingestion, or any other means to a
			 person.
(B) "Delegate" means to
			 transfer authority for the performance of a medical task to an unlicensed
			 person.
(C) "On-site supervision"
			 means that the physical presence of the physician is required in the same
			 location (e.g., the physician's office suite) as the unlicensed person to whom
			 the medical task has been delegated while the medical task is being performed.
			 "On-site supervision" does not require the physician's presence in the same
			 room.
(D) "Physician" means an
			 individual authorized by Chapter 4731. of the Revised Code to practice medicine
			 and surgery, osteopathic medicine and surgery, or podiatric medicine and
			 surgery.
(E) "Task" includes, but
			 is not limited to, 
								a routine medical service not requiring the special
			 skills of a licensed provider.
(F) "Unlicensed person" means an individual
			 who is not licensed or otherwise specifically authorized by the Revised Code to
			 perform the delegated medical task.
(G) "Drug" means the same as in division (E)
			 of section 4729.01 of the Revised
			 Code.
Effective: 11/30/2016
Five Year
				Review (FYR) Dates: 08/16/2016 and
				11/30/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05,
				4731.053
Rule
				Amplifies: 4731.053,
				4731.22,
				4731.34
Prior
				Effective Dates: 9/30/01
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-23 - Delegation of Medical Tasks › Section 4731-23-02 - Delegation of medical tasks

Current through all regulations passed and filed through July 1, 2024
(A) A physician shall not delegate the
			 performance of a medical task unless that physician has complied with all of
			 the requirements of this chapter of the Administrative Code and the delegation
			 otherwise conforms to minimal standards of care of similar physicians under the
			 same or similar circumstances.
(B)
			 Prior to a physician's delegation of the performance of a medical task, that
			 physician shall determine each of the following:
(1) That the task is within that physician's
			 authority;
(2) That the task is
			 indicated for the patient;
(3) The
			 appropriate level of supervision;
(4) That no law prohibits the
			 delegation;
(5) That the person to
			 whom the task will be delegated is competent to perform that task;
			 and,
(6) That the task itself is
			 one that should be appropriately delegated when considering the following
			 factors:
(a) That the task can be performed
			 without requiring the exercise of judgment based on medical
			 knowledge;
(b) That results of the
			 task are reasonably predictable;
(c) That the task can safely be performed
			 according to exact, unchanging directions;
(d) That the task can be performed without a
			 need for complex observations or critical decisions;
(e) That the task can be performed without
			 repeated medical assessments; and,
(f) That the task, if performed improperly,
			 would not present life threatening consequences or the danger of immediate and
			 serious harm to the patient.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-23 - Delegation of Medical Tasks › Section 4731-23-03 - Delegation of medical tasks; Prohibitions

Current through all regulations passed and filed through July 1, 2024
(A) A physician shall not delegate the
			 practice of medicine as defined in section
			 4731.34 of the Revised Code
			 unless specifically authorized to do so in the Revised Code or by an
			 administrative rule adopted pursuant to the Revised Code and which became
			 effective prior to April 10, 2001. Nothing in this chapter of the
			 Administrative Code shall prohibit the performance of emergency medical tasks.
(B) A physician shall not delegate
			 a task to an unlicensed person if the task is beyond that person's competence.
			 In a hospital, as defined in section
			 3727.01 of the Revised Code, or
			 an ambulatory care center affiliated with the hospital (if the center meets the
			 same credentialing, quality assurance, and utilization review standards as the
			 hospital) wherein unlicensed persons are employed or otherwise authorized by
			 the governing authority of the institution to perform specific medical tasks,
			 one factor the physician shall take into account is the policies by which the
			 employer or the governing authority of the institution seeks to ensure that
			 competent persons will be performing the delegated tasks.
(C) A physician shall not delegate a medical
			 task that is not within the authority of that physician or is beyond the
			 physician's training, expertise, or normal course of practice.
(D) A physician shall not transfer his or her
			 responsibility for supervising an unlicensed person in the performance of a
			 delegated medical task, except to another physician who has knowingly accepted
			 that responsibility.
(E) A
			 physician shall not authorize or permit an unlicensed person to whom a medical
			 task is delegated to delegate the performance of that task to another person.
(F) Except as provided in
			 divisions (D)(4) to (D)(8) of section
			 4731.053 of the Revised Code, a
			 physician shall not delegate to an unlicensed person the administration of
			 anesthesia, controlled substances, or drugs administered intravenously.
(G) The supervising physician
			 retains responsibility for the manner in which the delegated task is carried
			 out.
Five Year Review (FYR) Dates:
				08/17/2016 and
				08/17/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05,
				4731.053
Rule
				Amplifies: 4731.22,
				4731.34
Prior
				Effective Dates: 9/30/01, 5/31/02
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-23 - Delegation of Medical Tasks › Section 4731-23-04 - Violations

Current through all regulations passed and filed through July 1, 2024
(A) A violation of
			 any provision of any rule in this chapter of the Administrative Code, as
			 determined by the board, shall constitute "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," as that clause is used in division (B)(6) of section
			 4731.22 of the Revised Code.
(B) A violation of any provision
			 of any rule in this chapter of the Administrative Code that pertains to the
			 administration of drugs, as determined by the board, shall constitute "failure
			 to maintain minimal standards applicable to the selection or administration of
			 drugs," as that clause is used in division (B)(2) of section
			 4731.22 of the Revised Code.
Five Year Review (FYR) Dates:
				08/17/2016 and
				08/17/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05,
				4731.053
Rule
				Amplifies: 4731.22,
				4731.34
Prior
				Effective Dates: 9/30/01
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-24 - Anesthesiologist Assistants › Section 4731-24-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 4731-24 of the
				Administrative Code:
(A)
								"Administer" means to apply directly a drug, whether by
			 injection, inhalation, ingestion, or any other means, and the infusion of
			 blood, blood products and supportive fluids.
(B)
								"Assist" means to
			 carry out procedures as requested by the supervising anesthesiologist, provided
			 that the requested procedure is within the anesthesiologist assistant's
			 training and scope of practice, is authorized by the practice protocol adopted
			 by the supervising anesthesiologist, and is not prohibited by Chapter 4731. or
			 4760. of the Revised Code, or by any provision of agency 4731 of the
			 Administrative Code.
(C)
								"Drug" has the same meaning as in division (E) of
			 section 4729.01 of the Revised
			 Code.
(D)
								"Direct supervision, and in the immediate presence of"
			 means the following:
(1)
									The supervising anesthesiologist shall remain
			 physically present and available for immediate diagnosis and treatment of
			 emergencies;
(2)
									The supervising anesthesiologist shall be physically
			 present in the anesthetizing area or operating suite, as defined by the
			 hospital or ambulatory surgical facility, and accessible by page, telephone, or
			 overhead page, such that he or she is immediately available to participate
			 directly in the care of the patient with whom the anesthesiologist assistant
			 and the supervising anesthesiologist are jointly involved;
(3)
									The supervising
			 anesthesiologist shall personally participate in the most demanding procedures
			 in the anesthesia plan, which shall include induction and emergence;
			 and
(4)
									"Direct supervision and the in immediate presence of"
			 shall not be interpretted to:
(a)
										Require the supervising anesthesiologist's presence in
			 the same room as the anesthesiologist assistant for the duration of the
			 anesthetic management; or
(b)
										Prohibit the supervising anesthesiologist from
			 addressing an emergency of short duration, administering labor analgesia, or
			 performing duties of short duration as required of a perioperative specialist
			 in another location in the hospital or ambulatory surgical facility.
Replaces: 4731-24-01
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-24 - Anesthesiologist Assistants › Section 4731-24-02 - Anesthesiologist assistants: supervision

Current through all regulations passed and filed through July 1, 2024
(A)
								A supervising
			 anesthesiologist shall supervise an anesthesiologist assistant within the
			 terms, conditions, and limitations set forth in a written practice protocol
			 that is consistent with section
			 4760.08 of the Revised Code and
			 this chapter of the Administrative Code. The supervision shall be direct
			 supervision and in the immediate presence of the anesthesiologist assistant, as
			 that term is defined in rule
			 4731-24-01 of the
			 Administrative Code.
(B)
								An anesthesiologist assistant shall only perform those
			 tasks assigned on a case-by-case basis by the supervising anesthesiologist. The
			 anesthesiologist assistant shall implement the personalized plan for a patient
			 as individually prescribed by the supervising anesthesiologist after the
			 physician has completed a specific assessment of the patient.
(C)
								In determining
			 which anesthetic procedures to assign to an anesthesiologist assistant, a
			 supervising anesthesiologist shall consider all of the following:
(1)
									The education,
			 training, and experience of the anesthesiologist assistant;
(2)
									The
			 anesthesiologist assistant's scope of practice as defined in section
			 4760.09 of the Revised Code and
			 this chapter of the Administrative Code;
(3)
									The conditions on
			 the practice of the anesthesiologist assistant set out in the written practice
			 protocol;
(4)
									The physical status of the patient according to the
			 physical status classification system of the American society of
			 anesthesiologists, as in effect at the time the assignment of procedures is
			 made. The classification system is available from the American society of
			 anesthesiologists and shall be posted on the board's website at
			 med.ohio.gov.
(5)
									The invasiveness of the anesthetic
			 procedure;
(6)
									The level of risk of the anesthetic
			 procedure;
(7)
									The incidence of complications of the anesthetic
			 procedure;
(8)
									The physical proximity of the supervising
			 anesthesiologist and the anesthologist assistant or assistants being supervised
			 concurrently; and
(9)
									The number of patients whose care is being supervised
			 concurrently by the supervising anesthesiologist.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-24 - Anesthesiologist Assistants › Section 4731-24-03 - Anesthesiologist assistants: enhanced supervision

Current through all regulations passed and filed through July 1, 2024
(A)
								A supervising
			 anesthesiologist shall provide enhanced supervision of an anesthesiologist
			 assistant during the first four years of the anesthesiologist assistant's
			 practice.
(B)
								"Enhanced supervision" means the following:
(1)
									The supervising
			 anesthesiologist shall require regular, documented quality assurance
			 interactions between the supervising anesthesiologist and the anesthesiologist
			 assistant .
(a)
										The regularly scheduled quality assurance interactions shall
			 occur in greater number and with greater frequency during the first four years
			 of an anesthesiologist assistant's practice than would be required for quality
			 assurance purposes for anesthesiologist assistants in practice for more than
			 four years and shall take place no less frequently than once every three
			 months.
(b)
										The anesthesiologist assistant shall be required to
			 file on a monthly basis during the first two years of practice a separate
			 record of the cases of anesthetic management in which he or she participated.
			 The record shall be reviewed by a supervising anesthesiologist as a component
			 of the quality assurance interactions.
(c)
										The reviewing
			 supervising anesthesiologist shall file a report of each quality assurance
			 interaction with the appropriate committee.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-25 - Office Based Surgery › Section 4731-25-03 - Standards for surgery using moderate sedation/analgesia

Current through all regulations passed and filed through July 1, 2024
(A) A physician or
			 podiatric physician performing special procedures
			 or surgery in the office setting during which moderate sedation/analgesia is
			 administered shall:
(1) Demonstrate
			 sufficient education, training and experience needed to conform to the minimal
			 standards of care of similar practitioners under the same or similar
			 circumstances by meeting at least one of the following criteria:
(a) Holding current privileges at a local
			 hospital accredited by the joint commission on accreditation of healthcare
			 organizations or the American osteopathic association or at a local ambulatory
			 surgical facility licensed by the department of health for the
			 special procedure or surgery being
			 performed;
(b) Being board
			 certified by a specialty board recognized by the American board of medical
			 specialties or the American osteopathic association or, if a podiatric
			 physician, is board certified by the American board of podiatric surgery; and
			 the surgery or special procedure being performed
			 is generally recognized as being within the usual course of practice of that
			 specialty;
(c) Having successfully
			 completed a residency training program approved by the accreditation council
			 for graduate medical education of the American medical association or the
			 American osteopathic association or, if a podiatric physician, having
			 successfully completed at least a twelve month residency in podiatric surgery
			 approved by the council on podiatric medical education; and the surgery or
			 special procedure being performed is generally
			 recognized as being within the usual course of practice of that specialty;
			 or
(d) Having successfully
			 completed a didactic course supplemented by direct hands-on, monitored
			 experience in the surgery or procedure being performed, and the surgery or
			 special procedure being performed is generally
			 recognized as being within the usual course of practice of the specialty of the
			 physician.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-25 - Office Based Surgery › Section 4731-25-04 - Standards for surgery using anesthesia services

Current through all regulations passed and filed through July 1, 2024
(A) A physician or podiatric physician
			 performing special procedures or surgery in the office setting during which
			 anesthesia services are provided shall:
(1)
			 Demonstrate sufficient education, training and experience needed to conform to
			 the minimal standards of care of similar practitioners under the same or
			 similar circumstances by meeting at least one of the following criteria:
(a) Holding current privileges at a local
			 hospital accredited by the joint commission on accreditation of healthcare
			 organizations or the American osteopathic association or at a local ambulatory
			 surgical facility licensed by the department of health for the special
			 procedure or surgery being performed;
(b) Being board certified by a specialty
			 board recognized by the American board of medical specialties or the American
			 osteopathic association or, if a podiatric physician, is board certified by the
			 American board of podiatric surgery; and the surgery or special procedure being performed is generally
			 recognized as being within the usual course of practice of that specialty;
			 or,
(c) Having successfully
			 completed a residency training program approved by the accreditation council
			 for graduate medical education of the American medical association or the
			 American osteopathic association or, if a podiatric physician, having
			 successfully completed at least a twelve month residency in podiatric surgery
			 approved by the council on podiatric medical education; and the surgery or
			 special procedure being performed is generally
			 recognized as being within the usual course of practice of that
			 specialty.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-25 - Office Based Surgery › Section 4731-25-05 - Liposuction in the office setting

Current through all regulations passed and filed through July 1, 2024
(A) A physician performing liposuction in the
			 office setting shall meet the training requirements set forth in paragraph (A)
			 of rule
			 4731-25-03
			 of the Administrative Code and must be in compliance with this rule.
(B) Liposuction in the office setting shall
			 be performed in compliance with rules
			 4731-25-03
			 and
			 4731-25-04
			 of the Administrative Code as appropriate to the level of sedation being
			 administered and in compliance with the following standards:
(1) The cannula utilized shall be no larger
			 than 4.5 millimeters in diameter;
(2) The concentration of lidocaine in the
			 solution shall not be greater than 0.1 per cent and the total dosage of
			 lidocaine received by the patient during the procedure shall not exceed fifty
			 milligrams per kilogram of body weight;
(3) The concentration of epinephrine in the
			 solution shall not be greater than 1.5:1,000,000 and the total dosage of
			 epinephrine received by the patient during the procedure shall not exceed fifty
			 micrograms per kilogram of body weight;
(4) Intravenous access shall be maintained if
			 the total aspirate is less than or equal to one hundred milliliters;
(5) If the total aspirate is more than one
			 hundred milliliters, an intravenous line shall be running at a rate sufficient
			 to prevent hypovolemia and must be monitored appropriately;
(6) Appropriate monitoring shall be
			 performed. Such monitoring shall include:
(a)
			 Recording the baseline vital signs, including blood pressure and heart rate,
			 both preoperatively and postoperatively.
(b) If more than one hundred milliliters of
			 aspirate is to be removed, a second person who is a health care professional as
			 that term is defined in section
			 2305.234 of the Revised Code and
			 who is acting within that health care professional's scope of practice shall be
			 continuously within the room to monitor the patient. Continuous blood pressure
			 monitoring and cardiac monitoring with pulse oximetry shall be performed and
			 documented; supplemental oxygen shall be available.
(c) Patients who receive oral anxiolytics,
			 sedatives, narcotic analgesics, moderate sedation or anesthesia services shall
			 be monitored postoperatively until fully recovered and ready for discharge.
(7) Liposuction in the
			 office setting shall be performed only on patients who are evaluated as level
			 P1 or P2 according to the version of the American society of anesthesiologists
			 physical status classification system current at the effective date of this
			 rule;
(8) Liposuction shall not be
			 performed in an office setting in combination with other procedures except as
			 specifically authorized in paragraph (F) of this rule.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-25 - Office Based Surgery › Section 4731-25-07 - Accreditation of office settings

Current through all regulations passed and filed through July 1, 2024
(A) No physician or podiatric physician shall
			 perform special procedures or surgery using
			 moderate sedation/analgesia or anesthesia services in an office setting unless
			 that office setting is accredited by an accrediting agency approved by the
			 board, except 
								in compliance with both of the following
			 requirements:
(1)
									Prior to performing special procedures or surgery in
			 the office setting that is not accredited, the physician or podiatric physician
			 shall file an application for accreditation with an accrediting agency listed
			 in paragraph (B) of this rule.
(2)
									Upon receipt of
			 provisional accreditation, the physician or podiatric physician may perform
			 special procedures or surgery in the office setting in accordance with the
			 rules in Chapter 4731-25 of the Administrative Code until full accreditation is
			 received or for one year from the date application for accreditation was filed,
			 which ever is sooner.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-25 - Office Based Surgery › Section 4731-25-08 - Standards for surgery

Current through all regulations passed and filed through July 1, 2024
(A)
								The surgeon of
			 record in an operative case shall personally:
(1)
									 Evaluate the
			 patient sufficiently to formulate an appropriate preoperative
			 diagnosis;
(2)
									Select the operation to be performed in consultation
			 with the patient or with a person authorized to act on the patient's
			 behalf;
(3)
									Determine, based on the surgeon's own evaluation, and,
			 as necessary, on consultation with other physicians involved in the patient's
			 care, that the patient is a fit candidate for the operation to be
			 performed;
(4)
									Assure that the patient or a person authorized to act
			 on the patient's behalf gives informed consent before the surgery
			 begins;
(5)
									Comply with division (B)(6) of section
			 4731.22 of the Revised Code;
			 and
(6)
									Perform or personally supervise the surgery, except
			 those portions of the surgery, if any, which are performed or supervised by
			 another qualified surgeon with the informed consent of the
			 patient.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-26 - Sexual Misconduct and Impropriety › Section 4731-26-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For purposes of Chapter 4731-26 of the Administrative
				Code:
(A) "Licensee" means any of the
			 following:
(1) An individual holding a
			 license to practice as a physician assistant under
			 Chapter 4730. of the Revised Code;
(2) An individual holding a
			 license to practice medicine and surgery, osteopathic
			 medicine and surgery, or podiatric medicine and surgery under Chapter 4731. of
			 the Revised Code;
(3) An individual
			 holding a license to practice a limited branch of medicine under
			 Chapter 4731. of the Revised Code;
(4)
									An individual
			 holding a license or limited permit to practice dietetics under Chapter 4759.
			 of the Revised Code.
(5) An individual
			 holding a license of registration as an anesthesiologist
			 assistant under Chapter 4760. of the Revised Code;
(6)
									An individual
			 holding a license or limited permit to practice respiratory care under Chapter
			 4761. of the Revised Code.
(7) An individual
			 holding a license to practice as an acupuncturist
			 under
			 Chapter 4762. of the Revised Code;
(8) An individual
			 holding a license to practice as a radiologist assistant under
			 Chapter 4774. of the Revised Code; or
(9) An individual
			 holding a license to practice as a genetic counselor under Chapter 4778. of the
			 Revised Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-26 - Sexual Misconduct and Impropriety › Section 4731-26-02 - Prohibitions

Current through all regulations passed and filed through July 1, 2024
Sexual misconduct, as that term is defined in paragraph (H) of
				rule
				4731-26-01 of the
				Administrative Code, between a licensee and a patient is never diagnostic or
				therapeutic.
(A) A licensee shall not
			 engage in sexual misconduct with a patient or key third party, as that term is
			 defined in paragraph (C) of rule
			 4731-26-01 of the
			 Administrative Code.
(B) Conduct
			 included within the definition of sexual misconduct occurring between a
			 licensee and a former patient constitutes sexual misconduct and is prohibited
			 if it meets any of the following criteria:
(1)
			 The conduct occurred within ninety days after the licensee-patient relationship
			 was terminated;
(2) The conduct
			 occurred between a psychiatrist and a person to whom the psychiatrist formerly
			 provided psychiatric or mental health services, and the conduct is in violation
			 of the code of ethics of the "American Psychiatric Association"; or
(3) The board determines that the conduct
			 constitutes sexual misconduct upon consideration of the following factors:
(a) The duration of the licensee-patient
			 relationship;
(b) The nature of the
			 health care services provided;
(c)
			 The lapse of time since the licensee-patient relationship ended;
(d) The extent to which the former patient
			 confided personal or private information to the licensee;
(e) The degree of emotional dependence that
			 the former patient has or had on the licensee; and
(f) The extent to which the licensee used or
			 exploited the trust, knowledge, emotions, or influence derived from the
			 previous licensee-patient relationship.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-26 - Sexual Misconduct and Impropriety › Section 4731-26-03 - Violations, miscellaneous

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraph (C) of
			 this rule, a violation of rule
			 4731-26-02 of the
			 Administrative Code, as determined by the board, shall constitute the
			 following:
(1) For a physician or massage
			 therapist,  "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," as that clause is used in division
			 (B)(6) of section
			 4731.22
			 of the Revised Code.
(2) For a
			 physician assistant, "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,
			 as that clause is used in division (B)(19) of section
			 4730.25
			 of the Revised Code.
(3)
									For a dietitian, "a departure from, or 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" as that clause is used in division (A)(11) of section
			 4759.07
			 of the Revised Code.
(4) For an
			 anesthesiologist assistant, "a departure from, or failure to conform to,
			 minimal standards of care of similar practitioners under the same or similar
			 circumstances whether or not actual injury to the patient is established," as
			 that clause is used in division (B)(4) of section
			 4760.13
			 of the Revised Code.
(5)
									For a respiratory care professional or limited permit
			 holder, "a departure from, or a 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", as that clause is used in
			 division (A)(10) of section
			 4761.09
			 of the Revised Code.
(6) For an
			 acupuncturist, a "departure from, or failure to conform to, minimal
			 standards of care of similar practitioners under the same or similar
			 circumstances whether or not actual injury to the patient is established," as
			 that clause is used in division (B)(4) of section
			 4762.13
			 of the Revised Code.
(7) For a radiologist assistant, a "departure from, or
			 failure to conform to, minimal standards of care of similar practitioners under
			 the same or similar circumstances whether or not actual injury to the patient
			 is established," as that clause is used in division (B)(4) of section
			 4774.13
			 of the Revised Code.
(8) For a genetic counselor, a "departure from, or
			 failure to conform to, minimal standards of care of similar practitioners under
			 the same or similar circumstances whether or not actual injury to the patient
			 is established," as that clause is used in division (B)(4) of section
			 4778.14
			 of the Revised Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-27 - Termination of Physician-Patient Relationship › Section 4731-27-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in section
				4731.228 of the Revised Code and
				this chapter:
(A)
								 "Health care entity" has the same meaning as in
			 section 4731.228 of the Revised
			 Code.
(B)
								 "Termination" has the same meaning as in section
			 4731.228 of the Revised
			 Code.Pursuant to division (B) of section
			 4731.228 of the Revised Code
			 termination does not include a physician leaving employment with a health care
			 entity but continuing to provide medical services for patients of the health
			 care entity on an independent contractor basis.
(C)
								 "Retiring" means
			 the relinquishing of all clinical privileges and either expiration of medical
			 liability insurance by lapse of the policy or conversion of the policy to
			 extended reporting period coverage only.
(D)
								 "Terminate"
			 means to put an end to.
(E)
								 "Resignation" as that term is used in division (D) of
			 section 4731.228 of the Revised Code
			 means the provision of notice by a physician to a health care entity that the
			 physician will no longer be an employee of the health care entity as of the
			 date stated in the notice or a determination by the health care entity that the
			 physician has resigned.
Replaces: part of 4731-27-01
Effective:
				12/31/2013
R.C. 119.032 review dates:
				12/31/2018
Promulgated
				Under: 119.03
Statutory Authority: 4731.05, 4731.228
Rule
				Amplifies: 4731.22, 4731.228
Prior Effective Dates:
				9/30/06
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-27 - Termination of Physician-Patient Relationship › Section 4731-27-02 - Dismissing a patient from the medical practice

Current through all regulations passed and filed through July 1, 2024
A physician-patient relationship is established when the
				physician provides service to a person to address medical needs, whether the
				service was provided by mutual consent or implied consent, or was provided
				without consent pursuant to a court order. Once a physician-patient
				relationship is established, a person remains a patient until the relationship
				is terminated.
(A) Except as provided
			 in paragraph (B) of this rule, a physician shall comply with the following
			 requirements in order to dismiss a patient from the medical practice:
(1) Send notice to the patient that includes
			 all of the following:
(a) A statement that the
			 physician-patient relationship is terminated;
(b)
										
										Except where the patient, or patient's repressentative,
			 has displayed disruptive or threatening behavior toward the physician, office
			 staff, or other patients, statement that the physician will continue to
			 provide emergency treatment and access to services for up to thirty days from
			 the date the letter was mailed, to allow the patient to secure care from
			 another licensee; and
(c) An offer
			 to transfer records to a new provider upon the patient's signed authorization
			 to do so.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-27 - Termination of Physician-Patient Relationship › Section 4731-27-03 - Notice of termination of physician employment or physician leaving a practice, selling a practice, or retiring from the practice of medicine

Current through all regulations passed and filed through July 1, 2024
(A) When pursuant
			 to section 4731.228 of the Revised Code a
			 health care entity provides to patients a notice of the termination of a
			 physician's employment, the notice shall be provided in one of the following
			 ways:
(1) A letter sent via regular mail to
			 the last address for the patient on record, with the date of mailing of the
			 letter documented;
(2) An
			 electronic message sent via a HIPAA compliant electronic medical record system
			 or HIPAA compliant electronic health record system that provides a means of
			 electronic communication between the health care entity and the patient and is
			 capable of sending the patient a notification that a message has been received
			 and is in the patient's portal.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-30 - State Medical Board Metrics › Section 4731-30-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) "Board" means
			 the state medical board of Ohio.
(B) "Case" means a matter that has been
			 assigned to investigation, enforcement, or the hearing unit of the board
			 relating to a potential violation of Chapter 4730., 4731.,
			 4759., 4760., 4761., 4762., 4774., or 4778. of the Revised
			 Code.
(C) "Hearing" means a hearing
			 held pursuant to Chapter 119. of the Revised Code, which involves the
			 adjudication of a certificate to practice or an application for a certificate
			 to practice issued under Chapter 4730., 4731., 4759., 4760., 4761.,
			 4762., or 4774. of the Revised Code, or the adjudication of a license or an
			 application for a license issued under Chapter 4778. of the Revised
			 Code.
(D) "Hearing unit" means the
			 subunit of the board staff which administers and conducts hearings on behalf of
			 the board.
(E) "Enforcement
			 section" means the subunit of the board staff that coordinates, develops and
			 /or evaluates a case regarding possible disciplinary action.
(F) "Investigation section" means the subunit
			 of the board staff which conducts the initial and follow-up investigation of a
			 case.
(G) "License" means a
			 certificate to practice issued under Chapter 4730., 4731.,
			 4759., 4760., 4761., 4762., or 4774. of the Revised Code, or a
			 license issued under Chapter 4778. of the Revised Code.
(H) "License application" means an
			 application for a certificate to practice issued under Chapter 4730., 4731.,
			 4759., 4760., 4761., 4762., or 4774. of the Revised Code, or an
			 application for a license issued under Chapter 4778. of the Revised
			 Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-30 - State Medical Board Metrics › Section 4731-30-02 - Board metrics

Current through all regulations passed and filed through July 1, 2024
As set forth in this rule, the board shall prepare and publish
				metrics of the board's operations for each fiscal year.
(A) Licensure and renewal metrics:
(1) The total number of licenses issued by
			 the board broken down by license type.
(2) The median and/or
			 average number of days to issue a license for all license applications.
(3) The number of renewals processed
			  by
			 license type.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-30 - State Medical Board Metrics › Section 4731-30-03 - Approval of licensure applications

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, routine
			 authorization means issuance of a license or certificate to an individual
			 pursuant to an application that meets the following criteria:
(1) The applicant meets eligibility
			 requirements for the license or certificate under the applicable provisions of
			 the Revised Code and Administrative Code;
(2) If applicable, the secretary
			  of the board has
			 granted to the applicant a waiver of, or a determination of equivalency to, any
			 eligibility requirement, as may be provided for under the applicable provisions
			 of the Revised Code and Administrative Code;
(3) If applicable, the secretary
			  of the board has
			 determined that the applicant has demonstrated fitness to resume practice due
			 to inactivity under the applicable provisions of the Revised Code and
			 Administrative Code;
(4) The
			 application presents no grounds for discipline under the applicable provisions
			 of the Revised Code or Administrative Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-30 - State Medical Board Metrics › Section 4731-30-04 - Maintenance of list of disqualifying criminal offenses

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of this rule, "list of disqualifying
			 criminal offenses" is the list of specific criminal offenses authorized by
			 section
			 9.79
			 of the Revised Code for which a conviction, judicial finding of guilt, or plea
			 of guilty may disqualify an individual from obtaining an initial license to
			 practice under Chapter 4730., 4731., 4759., 4760., 4761., 4762.,4774., or 4778.
			 of the Revised Code.
(B)
								For purposes of this rule, "board" means the state
			 medical board of Ohio, a licensing authority under division (A) of section
			 9.79
			 of the Revised Code.
(C)
								At least once per calendar year, the board shall review
			 the list of disqualifying criminal offenses. As part of the review, the board
			 may approve the addition, deletion or modification of specific criminal
			 offenses on the list of disqualifying criminal offenses.
(D)
								The board shall
			 make the list of disqualifying criminal offenses available to the public on the
			 board's website.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-31 - Return of Athlete to Practice or Competition › Section 4731-31-01 - Requirements for assessing and granting clearance for return to practice or competition

Current through all regulations passed and filed through July 1, 2024
(A)
								A physician
			 holding a current license to practice medicine and surgery or osteopathic
			 medicine and surgery issued under Chapter 4731. of the Revised Code meets the
			 minimum education requirements to assess and clear athletes for return to
			 practice or competition under section
			 3313.539 or
			 3707.511 of the Revised
			 Code.
(1)
									A
			 physician shall diagnose and treat concussions and determine the return-to-play
			 protocol for athletes under section
			 3313.539 or
			 3707.511 of the Revised Code in
			 accordance with the "Consensus statement on concussion in sport issued by the
			 5th international conference on concussion in sport" held in Berlin, October
			 2016." (Available from the website of the state medical board of Ohio at:
			 med.ohio.gov.)
(2)
									A physician shall use the model form developed by the
			 Ohio youth sports concussion and head injury return-to-play guidelines
			 committee to document written clearance for the return to practice or
			 competition. The model form may be found on the state medical board of Ohio's
			 website at med.ohio.gov.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-32 - Medical Marijuana › Section 4731-32-01 - Definition of terms

Current through all regulations passed and filed through July 1, 2024
(A) "Annual report" means the annual
			 compilation of information a physician holding a certificate to recommend
			 medical marijuana must submit to the board that describes the physician's
			 observation regarding the efficacy of treatment with medical
			 marijuana.
(B) "Board" means the
			 state medical board of Ohio.
(C)
			 "Caregiver" means an individual registered under section
			 3796.08 of the Revised Code to
			 assist a registered patient in the use or administration of medical
			 marijuana.
(D) "Certificate to
			 recommend medical marijuana" means the certificate issued by the board
			 authorizing a physician to recommend treatment with medical
			 marijuana.
(E) "Drug database"
			 means the database established and maintained by the board of pharmacy pursuant
			 to section 4729.75 of the Revised
			 Code.
(F) "Marijuana" means
			 marihuana as defined in section
			 3719.01 of the Revised
			 Code.
(G) "Medical marijuana" means
			 marihuana that is cultivated, processed, dispensed, tested, possessed, or used
			 for a medical purpose. Medical marijuana is a schedule II controlled substance
			 pursuant to division (B) of section
			 3796.01 of the Revised
			 Code.
(H) "Medical marijuana
			 entity" means a medical marijuana cultivator, processor, or testing laboratory
			 licensed by the department of commerce under section
			 3796.09 of the Revised Code, or
			 a retail dispensary licensed by the division of marijuana control
			 under section 3796.10 of the Revised
			 Code.
(I) "Patient" means an
			 individual diagnosed with a qualifying medical condition as defined in division
			 (A) of section 3796.01 of the Revised Code and
			 who is seeking to use medical marijuana.
(J) "Physician" means an individual
			 authorized under Chapter 4731. of the Revised Code to practice medicine and
			 surgery or osteopathic medicine and surgery.