reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-11 - Controlled Substances › Section 4731-11-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 4731-11 of the Administrative Code:
(A) "Controlled substance" means a drug,
			 compound, mixture, preparation, or substance included in schedule I, II, III,
			 IV, or V pursuant to the provisions of Chapter 3719. of the Revised Code
			 and Chapter 4729:9-1 of the Administrative
			 Code.
(B) "Controlled
			 substance stimulant" means any drug, compound, mixture, preparation, or
			 substance which is classified as a stimulant in controlled substance schedule
			 II, III, or IV listed in Chapter 4729:9-1 of the
			 Administrative Code
								, or which is classified as a stimulant in controlled
			 substances schedule II, III, or IV pursuant to Chapter
			 4729:9-1 of the Administrative Code.
(C)
								"Cross-coverage" means an agreement
			 between an Ohio-licensed physician and another Ohio licensed physician or
			 healthcare provider acting within the scope of their professional license under
			 which the physician provides medical services for an active patient, as that
			 term is defined in paragraph (D) of rule this rule, of the other physician or
			 healthcare provider who is temporarily unavailable to conduct the evaluation of
			 the patient.
(1) This type of agreement
			 includes on-call coverage for after hours and weekends.
(2) The medical evaluation required by
			 paragraph (C) of rule
			 4731-11-09
			 of the Administrative Code may be a limited evaluation conducted through
			 interaction with the patient.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-11 - Controlled Substances › Section 4731-11-02 - General provisions

Current through all regulations passed and filed through July 1, 2024
(A) A physician shall not utilize a
			 controlled substance other than in accordance with all of the provisions of
			 this chapter of the Administrative Code.
(B) A physician shall not utilize a
			 controlled substance without taking into account the drug's potential for
			 abuse, the possibility the drug may lead to dependence, the possibility the
			 patient will obtain the drug for a nontherapeutic use or to distribute to
			 others, and the possibility of an illicit market for the drug.
(C) A physician shall complete and maintain
			 accurate medical records reflecting the physician's examination, evaluation,
			 and treatment of all the physician's patients. Patient medical records shall
			 accurately reflect the utilization of any controlled substances in the
			 treatment of a patient and shall indicate the diagnosis and purpose for which
			 the controlled substance is utilized, and any additional information upon which
			 the diagnosis is based.
(D) A
			 physician shall obey all applicable provisions of sections
			 3719.06,
			 3719.07,
			 3719.08 and
			 3719.13 of the Revised Code and
			 the rules promulgated thereunder, all prescription
			 issuance rules adopted under Chapter 4729. of the Revised Code, and all
			 applicable provisions of federal law governing the possession, distribution, or
			 use of controlled substances.
(E)
			 Violations of this rule:
(1) A violation of
			 any provision of this rule, as determined by the board, shall constitute any or
			 all of the following: "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; and
			 "a departure from, or the failure to conform to, minimal standards of care of
			 similar physicians 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) A violation of paragraph
			 (C) of this rule shall further constitute "selling, prescribing, giving away,
			 or administering drugs for other than legal and legitimate therapeutic
			 purposes," as that clause is used in division (B)(3) of section
			 4731.22 of the Revised
			 Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-11 - Controlled Substances › Section 4731-11-03 - Utilization of anabolic steroids, schedule II controlled substance cocaine hydrochloride, and schedule II controlled substance stimulants

Current through all regulations passed and filed through July 1, 2024
(A) A physician
			 shall not:
(1) Utilize anabolic steroids,
			 growth hormones, testosterone or its analogs, human chorionic gonadotropin
			 ("HCG"), or other hormones for the purpose of enhancing athletic
			 ability.
(2) Utilize the schedule
			 II controlled substance cocaine hydrochloride for a purpose other than one of
			 the following:
(a) As a topical anesthetic in
			 situations in which it is properly indicated; or
(b) For in-office diagnostic testing for
			 pupillary disorders.
(3)
			 Utilize a schedule II controlled substance stimulant in any of the following
			 circumstances:
(a) For purposes of weight
			 reduction or control;
(b) When the
			 physician knows or has reason to believe that a recognized contraindication to
			 its use exists; or
(c) In the
			 treatment of a patient who the physician knows or should know is pregnant,
			 except if the following criteria are met:
(i)
			 After the physician's medical assessment the physician and patient determine
			 that the benefits of treating the patient with a schedule II controlled
			 substance stimulant outweigh the risks, and
(ii) The basis for the determination is
			 documented in the patient record.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-11 - Controlled Substances › Section 4731-11-07 - Research utilizing controlled substances

Current through all regulations passed and filed through July 1, 2024
The provisions of this chapter of the
				Administrative Code shall not apply to or in any way prohibit research
				conducted under the auspices of an accredited medical school, or research which
				meets both of the following conditions:
(A)
								 The U.S. food
			 and drug administration has approved an investigational new drug ("IND")
			 application for the research or has notified the researchers that the proposed
			 study is exempt from the "IND" regulations; and
(B)
								 The research is
			 conducted in conformance with the approval granted by either of the
			 following:
(1)
									
			 An institutional review board of a hospital or medical center accredited by the
			 "Joint Commission," "Healthcare Facilities Accreditation Program" or other
			 accrediting body approved by the board; or
(2)
									 An institutional
			 review board accredited by the association for the accreditation of human
			 research protection programs.
Replaces: 4731-11-07
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-11 - Controlled Substances › Section 4731-11-08 - Utilizing controlled substances for self and family members

Current through all regulations passed and filed through July 1, 2024
(A) Accepted and
			 prevailing standards of care presuppose a professional relationship between a
			 patient and physician when the physician is utilizing controlled substances. By
			 definition, a physician may never have such a relationship with himself or
			 herself. Thus, a physician may not self-prescribe or self-administer controlled
			 substances. This paragraph does not prohibit a physician from obtaining a
			 schedule V controlled substance for personal use in conformance with state and
			 federal laws, in the same manner that a non-physician may obtain a schedule V
			 controlled substance.
(B) Accepted
			 and prevailing standards of care require that a physician maintain detached
			 professional judgment when utilizing controlled substances in the treatment of
			 family members. A physician shall utilize controlled substances when treating a
			 family member only in an emergency situation which shall be documented in the
			 patient's record.
(C) For purposes
			 of this rule, "family member" means a spouse, parent, child, sibling or other
			 individual in relation to whom a physician's personal or emotional involvement
			 may render that physician unable to exercise detached professional judgment in
			 reaching diagnostic or therapeutic decisions.
Five Year Review (FYR) Dates:
				08/17/2016 and
				08/17/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 4731.22
Prior
				Effective Dates: 11/11/98, 3/15/01,
				9/30/08
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-11 - Controlled Substances › Section 4731-11-09 - Controlled substance and telehealth prescribing

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this
			 rule:
(1)
									"Hospice care" means the care of a hospice patient as that
			 term is defined in section
			 3712.01 of the Revised
			 Code.
(2)
									"Palliative care" has the same meaning as in section
			 3712.01 of the Revised
			 Code.
(3)
									"Medication assisted treatment" and "substance use
			 disorder" have the same meanings as in rule
			 4731-33-01 of the Administrative
			 Code.
(4)
									"Mental health condition" means any mental health
			 condition, illness, or disorder as determined by the diagnostic criteria in the
			 "Diagnostic and Statistical Manual of Mental Disorders Fifth Edition Text
			 Revision" (DSM-5-TR). This is a well-known and readily available text. It may
			 be found at libraries, bookstores, on the internet at
www.appi.org
,
			 or at the state medical board's office.
(5)
									"Emergency
			 situation" means a situation involving an "emergency medical condition" as that
			 term is defined in section
			 1753.28 of the Revised
			 Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-11 - Controlled Substances › Section 4731-11-11 - Standards and procedures for review of "Ohio Automated Rx Reporting System" (OARRS)

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule:
(1)
									"Delegate" means an authorized representative who
			 is registered with the Ohio board of pharmacy to obtain an OARRS report on
			 behalf of a physician;
(2) "OARRS"
			 means the "Ohio Automated Rx Reporting System" drug database established and
			 maintained pursuant to section
			 4729.75
			 of the Revised Code.
(3) "OARRS
			 report" means a report of information related to a specified patient generated
			 by the drug database established and maintained pursuant to section
			 4729.75
			 of the Revised Code.
(4)
			 "Personally furnish" means the distribution of drugs by a prescriber to the
			 prescriber's patients for use outside the prescriber's practice
			 setting.
(5) "Reported drugs" means
			 all the drugs listed in rule 4729:8-2-01 of the Administrative Code that are
			 required to be reported to the drug database established and maintained
			 pursuant to section
			 4729.75
			 of the Revised Code, including controlled substances in schedules II, III, IV,
			 and V.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-11 - Controlled Substances › Section 4731-11-12 - Office based opioid treatment

Current through all regulations passed and filed through July 1, 2024
(A)
								 For the purposes
			 of this rule:
(1)
									 "Office Based Opioid Treatment," or "OBOT," means
			 treatment of opioid addiction utilizing a "Schedule III, IV, or V" controlled
			 substance narcotic.
(2)
									 "Board certified addictionologist or addiction
			 psychiatrist" means a medical doctor or doctor of osteopathic medicine and
			 surgery who holds one of the following certifications:
(a)
										 Subspecialty
			 board certification in addiction psychiatry from the American board of
			 psychiatry and neurology;
(b)
										 Board certification in addiction medicine from the
			 American board of addiction medicine;
(c)
										 Certification
			 from the American society of addiction medicine; or
(d)
										 Board
			 certification with additional qualification in addiction medicine from the
			 American osteopathic association.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-11 - Controlled Substances › Section 4731-11-14 - Prescribing for subacute and chronic pain

Current through all regulations passed and filed through July 1, 2024
(A) Prior to treating, or continuing to treat
			 subacute or chronic pain with an opioid analgesic, the physician shall first
			 consider and document non-medication and nonopioid treatment options.
(1) If opioid analgesic medications are
			 required as determined by a history and physical examination, the physician
			 shall prescribe for the minimum quantity and potency needed to treat the
			 expected duration of pain and improve the patient's ability to
			 function.
(2) The physician shall
			 comply with the requirements of rule
			 4731-11-02 of the Administrative
			 Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-12 - Podiatry Licensure › Section 4731-12-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"APMLE" means the American podiatric medical licensing
			 examination prepared by the national board of podiatric medical
			 examiners.
(B)
								"Board" means the state medical board of
			 Ohio.
(C)
								"CPME" means the council on podiatric medical
			 education.
(D)
								"Examination in podiatric medicine and surgery" means
			 the examination to determine competency to practice podiatric medicine and
			 surgery under section
			 4731.52 of the Revised
			 Code.
(E)
								"License" means a license to practice podiatric
			 medicine and surgery issued under section
			 4731.56 of the Revised
			 Code.
(F)
								"NBPME" means the national board of podiatric medical
			 examiners
(G)
								"PMLexis" means the podiatric medical licensing
			 examination prepared by the national board of podiatric medical
			 examiners.
(H)
								"Training Program" means an internship, residency, or
			 clinical fellowship program that meets the requirements of division (A)(2) of
			 section 4731.573 of the Revised
			 Code.
Replaces: 4731-12-01
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-12 - Podiatry Licensure › Section 4731-12-02 - Preliminary education for licensure and standing of colleges of podiatric surgery and medicine

Current through all regulations passed and filed through July 1, 2024
(A)
								For the purposes
			 of sections 4731.52 and
			 4731.572 of the Revised Code,
			 and rule
			 4731-12-07 of the Administrative
			 Code, a college of podiatric medicine and surgery in the United States shall be
			 defined as being in good standing if, at the time the diploma was issued, the
			 institution was accredited by the CPME or its predecessor accrediting
			 organizations.
(B)
								Production of a diploma from a college of podiatric
			 medicine and surgery in good standing, at the time the diploma was issued,
			 constitutes prima facie evidence that an applicant for a license has met the
			 requirements of divisions (A)(1)(b) and (A)(1) (c) of section
			 4731.52 of the Revised Code. An
			 applicant producing a diploma from a college of podiatric medicine and surgery
			 located outside the United States must present evidence sufficient to establish
			 to the board's satisfaction that the educational program met or exceeded the
			 standards established by the CPME.
Replaces: 4731-12-01, 4731-12-02
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-12 - Podiatry Licensure › Section 4731-12-03 - Podiatric examination

Current through all regulations passed and filed through July 1, 2024
The examination in podiatric medicine and surgery shall
			 be all parts of the APMLE. An applicant shall have passed all parts and
			 achieved a recognized passing performance on each part.
Replaces: 4731-12-03
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-12 - Podiatry Licensure › Section 4731-12-04 - Eligibility for licensure

Current through all regulations passed and filed through July 1, 2024
The board shall issue a license to each
				individual who meets all applicable requirements under section
				4731.52 of the Revised Code, and
				who passes the examination in podiatric medicine and surgery in accordance with
				rule 4731-12-03 of the Administrative
				Code, or has passed one of the following examinations:
(A)
								The "PMLexis"
			 administered between June 12, 1990 and December 4, 2000, in addition to the
			 holding of a passing status or diplomate status with the NBPME.
(B)
								An examination of
			 a state of the United States, United States territory, or district administered
			 before June 12, 1990, that was, in part, a written examination and
(1)
									Taken without
			 previous or subsequent failure of the examination offered by the NBPME;
			 and
(2)
									Taken without previous or subsequent failure of the
			 PMLexis or part III of the APMLE.
Replaces: 4731-12-04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-12 - Podiatry Licensure › Section 4731-12-05 - Application procedures for licensure in podiatric medicine and surgery; investigation

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 division (A) of section
			 4731.52 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)
								No application
			 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.
(C)
								The board reserves the right to thoroughly investigate
			 all materials submitted as part of an application. The board may contact
			 individual 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.
(D)
								If an applicant for any license or certificate issued
			 under section 4731.56,
			 4731.572, or
			 4731.573of the Revised Code,
			 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.
(E)
								If the
			 application process extends for a period longer than six months, the board may
			 require updated information as it deems necessary.
(F)
								No application
			 being investigated under section
			 4731.22 of the Revised Code, may
			 be withdrawn without approval of the board.
(G)
								Application fees
			 are not refundable.
Replaces: 4731-12-05
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-12 - Podiatry Licensure › Section 4731-12-07 - Podiatric 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 podiatric medicine and surgery. The
			 participation in the program 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 a diploma from a college of
			 podiatric medicine and surgery in good standing.
(C)
								Evidence that the
			 applicant for a training certificate has been accepted or appointed to a
			 training program meeting the requirements of division (A)(2) of section
			 4731.573 of the Revised Code
			 must include a certification from the training program of both of the
			 following:
(1)
									The training program will verify that the applicant has been
			 issued a diploma before permitting the applicant to begin participation in the
			 training program; and
(2)
									The training program will notify the board if a holder
			 of a training certificate has not been issued a diploma before the start date
			 of the training program.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-01 - Representatives; appearances

Current through all regulations passed and filed through July 1, 2024
(A) As used in this chapter of the
			 Administrative Code:
(1) "Respondent" means a
			 person who is requesting or has requested a hearing as provided in Chapter 119.
			 of the Revised Code.
(2)
			 "Representative of record" means one person designated by each party to be the
			 party's agent for purposes of receipt of service pursuant to this chapter of
			 the Administrative Code.
(3)
			 "Hearing" means the adjudication hearing held pursuant to Chapter 119. of the
			 Revised Code when a hearing is requested by an applicant or licensee for whom
			 the Board has proposed formal action under section
			 4730.25,
			 4731.22,
			 
										4759.07,
			 
									4760.13,
			 
										4761.09,
									4762.13,
			 4774.13,
			 or
			 4778.14
			 of the Revised Code.
(4) "Summary
			 Suspension" means the pre-hearing suspension of the license under division (G)
			 of section
			 4730.25,
			 4731.22,
			 
										4759.07,
									4760.13,
			 
										4761.09,
									4762.13,
			 4774.13,
			 or
			 4778.14
			 of the Revised Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-02 - Filing request for hearing

Current through all regulations passed and filed through July 1, 2024
(A) In order to request a hearing pursuant to
			 Chapter 119. of the Revised Code, the respondent or the respondent's attorney
			 or attorneys shall file a written request for a
			  hearing in accordance
			 with rule
			 4731-13-08 of the
			 Administrative Code. The request shall be filed within thirty days of the date
			 of mailing of the board's notice of opportunity for hearing upon which service
			 is perfected, of the date of personal service of the board's notice of
			 opportunity for hearing or of the date of publication of the board's notice of
			 opportunity for hearing in accordance with Chapter 119. of the Revised Code,
			 whichever occurs first. The date of mailing of the board's notice of
			 opportunity for hearing shall be the date postmarked on the certified mail
			 receipt.
(B) A respondent properly
			 filing a request for a
								 hearing, whether personally or by
			 attorney or attorneys, shall be entitled to such  hearing within fifteen days but not
			 sooner than seven days after such request has been filed unless both parties
			 agree otherwise or a continuance is granted pursuant to section
			 119.09 of the Revised Code and
			 rule
			 4731-13-06
			 of the Administrative Code.
Effective: 7/31/2016
Five Year
				Review (FYR) Dates: 05/05/2016 and
				07/31/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 119.07,
				119.09
Prior
				Effective Dates: 6/30/89, 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-03 - Authority and duties of hearing examiners

Current through all regulations passed and filed through July 1, 2024
(A) Hearings shall be conducted before
			 hearing examiner pursuant to section
			 4731.23
			 of the Revised Code.
(B) All
			 hearings shall be open to the public, but the hearing examiner conducting a
			 hearing may close the hearing to the extent necessary to protect compelling
			 interests and rights or to comply with statutory requirements. In the event the
			 hearing examiner determines to close the hearing, the hearing examiner shall
			 state the reasons in the public record.
(C) The hearing examiner shall conduct
			 hearings in such a manner as to prevent unnecessary delay, maintain order and
			 ensure the development of a clear and adequate record.
(D) The authority of the hearing examiner
			 shall include, but not be limited to, authority to:
(1) Administer oaths and
			 affirmations;
(2) Order issuance of
			 subpoenas and subpoenas duces tecum to require the attendance of witnesses at
			 hearings and depositions in lieu of live testimony and to require the
			 production of evidence for hearings and depositions in lieu of live
			 testimony;
(3) Examine witnesses
			 and direct witnesses to testify;
(4) Make rulings on the admissibility of
			 evidence;
(5) Make rulings on
			 procedural motions, whether such motions are oral or written;
(6) Hold prehearing conferences;
(7) Request briefs before, during or
			 following the hearing;
(8) Prepare
			 entries, proposed findings, proposed orders or reports and recommendations
			 pursuant to rule
			 4731-13-15
			 of the Administrative Code;
(9)
			 Make rulings on requests to broadcast, record, televise or photograph the
			 hearing;
(10) Take such other
			 actions as may be necessary to accomplish the purposes of paragraph (C) of this
			 rule; and
(11) Determine the order
			 in which any hearing shall proceed.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-04 - Consolidation

Current through all regulations passed and filed through July 1, 2024
Upon motion by either party, or upon the initiative of the
				hearing examiner, the hearing examiner may consolidate two or more hearings
				into a single hearing, unless either party objects for good cause .
Five Year Review (FYR) Dates:
				04/21/2016 and
				04/21/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 119.07,
				119.08,
				119.09,
				4731.23
Prior
				Effective Dates: 6/30/89, 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-05 - Intervention

Current through all regulations passed and filed through July 1, 2024
Petitions to intervene shall not be permitted.
Five Year Review (FYR) Dates:
				04/21/2016 and
				04/21/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 119.09
Prior
				Effective Dates: 6/30/89
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-06 - Continuance of hearing

Current through all regulations passed and filed through July 1, 2024
(A) Except in matters of summary suspension,
			 the board or the board through its hearing examiner, shall continue the
			 initially scheduled hearing upon its own motion in order to more efficiently
			 and effectively conduct its business unless the circumstances establish that a
			 continuance would not serve the interest of justice. The new hearing date shall
			 be set according to the case management schedule approved by the board for the
			 type of violation alleged and available from the board's
			 website at
http://med.ohio.gov/
. In setting the new
			 hearing date, the hearing examiner shall make a reasonable attempt to obtain
			 input from the parties. Upon motion of at least one of the parties
			 demonstrating extraordinary circumstances, the hearing examiner may approve a
			 special case management schedule.
(B) A hearing shall be continued only with
			 the approval of the board or its hearing examiner based upon a written motion
			 of a party or upon the initiative of the hearing examiner.
(C) A motion for a continuance shall not be
			 granted unless good cause and proper diligence is demonstrated.
(1) Before granting any continuance,
			 consideration shall be given to harm to the public which may result from delay
			 in proceedings.
(2) In no event
			 will a motion for a continuance requested less than fourteen days prior to the
			 scheduled date of the hearing be granted unless it is demonstrated that good
			 cause exists which would justify the granting of a continuance.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-07 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 otherwise provided under Chapter 4731-13 of the Administrative Code or Chapter
			 119. of the Revised Code, all motions, unless made upon the record at hearing,
			 shall be made in writing. A written motion shall state with particularity the
			 relief or order sought, shall be accompanied by a memorandum setting forth the
			 grounds therefore, and shall be filed in compliance with rule
			 4731-13-08 of the
			 Administrative Code. Except in cases of summary suspensions pursuant to
			 division (G) of section
			 4731.22
			 of the Revised Code, all prehearing motions except motions for continuance
			 pursuant to rule
			 4731-13-06
			 of the Administrative Code and motions to quash pursuant to paragraph (F) of
			 rule
			 4731-13-13
			 of the Administrative Code, shall be made no later than fourteen days before
			 the date of hearing unless express exception is granted by the hearing examiner
			 or by this chapter.
(1) If filed by email,
			 motions and supporting or opposing memoranda shall be filed as
			 pdf attachments to emails, and not be
			 incorporated into the body of the email itself.
(2) All supporting or opposing memoranda
			 shall comply with rule 4731-13-07.1 of the Administrative Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-07.1 - Form and page limitations for briefs and memoranda

Current through all regulations passed and filed through July 1, 2024
(A) All hearing
			 briefs provided under paragraph (D)(7) of rule
			 4731-13-03
			 of the Administrative Code and memoranda filed under rule
			 4731-13-07 of the
			 Administrative Code shall be provided or filed subject to the following
			 requirements:
(1) The body text of a brief or
			 memorandum shall be set in a legible typeface of at least twelve points, either
			 single-spaced or double-spaced.
(2)
			 A brief or memorandum shall not exceed fifteen pages exclusive of the
			 certificate of service and the appendix unless an exception is granted in
			 advance pursuant to paragraph (A)(3) of this rule.
(3) Upon motion by either party, or upon the
			 initiative of the hearing examiner, the hearing
			 examiner may authorize briefs or memoranda that exceed fifteen pages, up to a
			 maximum of thirty pages exclusive of the certificate of service and the
			 appendix, in matters that involve complex legal issues. Unless made upon the
			 record at hearing, a motion for such a determination shall be filed no later
			 than seven days prior to the deadline for filing the brief or
			 memorandum.
(4) If a reply
			 memorandum is authorized pursuant to paragraph (C) of rule
			 4731-13-07 of the
			 Administrative Code, that memorandum shall not exceed seven pages exclusive of
			 the certificate of service and the appendix.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-08 - Filing

Current through all regulations passed and filed through July 1, 2024
(A) A document is
			 "filed" when it is received and time stamped in the offices of the board. For
			 documents received via e-mail or through any electronic
			 filing system implemented by the board, the time stamp provided by the
			 board's computer shall be the time of receipt. Documents received after five
			 p.m. eastern standard time shall not be considered for filing until the next
			 business day.
(B) An original of
			 any document required to be served by Chapter 4731-13 of the Administrative
			 Code shall be filed with the board not more than three days after
			 service.
(C) All filings shall be
			 addressed to the board to the attention of its hearing unit.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-09 - Service

Current through all regulations passed and filed through July 1, 2024
To be considered by the board and its hearing examiner, any
				document required by Chapter 4731-13 of the Administrative Code to be served
				shall:
(A) Be served either
			 personally, by regular mail, by facsimile,  by e-mail, or through
			 any electronic filing system which provides automatic notice to parties
			 utilized by the board. Service is complete on the date of mailing,
			 e-mailing, facsimile or personal service of the document.
(B) Contain the name, address, and telephone
			 number of the person submitting the document and shall be appropriately
			 captioned to indicate the name of the respondent.
(C) Have a certificate of service on it. A
			 certificate of service shall be signed and contain the following:
(1) The date of service;
(2) The method by which service was
			 made;
(3) The address where service
			 was made; and
(4) The name of the
			 person or authority who was served.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-10 - Computation and extension of time

Current through all regulations passed and filed through July 1, 2024
(A) The date of occurrence of the event
			 causing time to run is not counted in the computation of any time limit under
			 Chapter 4731-13 of the Administrative Code. The last day of the period is
			 included in the computation of the time limit. If the last day of a period is
			 not a regular business day, the time period runs through the end of the next
			 regularly scheduled business day.
(B) The board or its hearing examiner may
			 extend the time for filing or responding to motions and briefs.
(1) Requests for extension of time shall be
			 made in writing and filed as provided in rule
			 4731-13-08 of the
			 Administrative Code prior to the expiration of any applicable time
			 limit.
(2) Requests for extension
			 of time shall be addressed to the attention of the board's
			 
									hearing unit.
(3) Requests for extension of time shall be
			 served as provided in rule
			 4731-13-09 of the
			 Administrative Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-11 - Notice of hearings

Current through all regulations passed and filed through July 1, 2024
Notice specifying the date, time and place set for hearing
				shall be mailed by certified mail to the representatives of record , except
				that notice of changes to the date, time or place set for hearing shall be
				mailed by regular mail, e-mail or facsimile if a
				representative of each party participated in the selection of the new date,
				time or place.
Effective: 7/31/2016
Five Year
				Review (FYR) Dates: 05/05/2016 and
				07/31/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 119.07,
				119.09
Prior
				Effective Dates: 6/30/89, 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-12 - Transcripts

Current through all regulations passed and filed through July 1, 2024
(A) Duplicate
			 transcripts of the stenographic record taken of hearings may be obtained
			 directly from the court reporter at the requestor's expense prior to receipt of
			 the original transcript by the board, except as otherwise restricted by
			 4731-13-31 of the Administrative Code.
(B) Upon request made to the board's
			 
								hearing unit, a copy of the original hearing
			 transcripts may be reviewed at the board offices. Additional copies may be
			 prepared at the requestor's expense and shall be provided by the board within a
			 reasonable period of time.
(C)
			 Original transcripts shall not be removed from the board offices.
(D) Any portion of a hearing transcript which
			 contains information that is required to be kept confidential pursuant to any
			 state or federal law shall be sealed and made part of the hearing record.
			 Confidential portions of hearing transcripts shall be provided only to agents
			 of the parties for purposes of the administrative hearing and shall not be
			 disseminated to any other persons.
Effective: 7/31/2016
Five Year
				Review (FYR) Dates: 05/05/2016 and
				07/31/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 119.09
Prior
				Effective Dates: 6/30/89, 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-13 - Subpoenas for purposes of hearing

Current through all regulations passed and filed through July 1, 2024
(A) Upon written request, the board shall
			 issue subpoenas for purposes of hearing to compel the attendance and testimony
			 of witnesses and production of books, records and papers. Each subpoena shall
			 indicate on whose behalf the witness is required to testify. Copies of such
			 subpoenas shall be issued to each representative of record.
(B) For purposes of a hearing conducted
			 pursuant to Chapter 119. of the Revised Code, subpoena requests shall specify
			 the name and address of the individual to be served and the date and time at
			 which the individual is to appear. With respect to the production of books,
			 records and papers, such request shall set a compliance
			 date in accordance with the exchange deadlines established by the hearing
			 examiner in rule
			 4731-13-18.
(C)
			 Except upon leave of the board or its hearing examiner, subpoena requests are
			 to be filed with the board as provided in rule
			 4731-13-08 of the
			 Administrative Code at least twenty-one days in advance of the requested date
			 of compliance in order to allow sufficient time for preparation and service of
			 the subpoenas.
(D) In the event
			 that the number of subpoenas requested appears to be unreasonable, the board or
			 its hearing examiner may require a showing of necessity therefore and, in the
			 absence of such showing, may limit the number of subpoenas. Absent such a
			 limitation, subpoenas shall be issued within seven days of request. Failure to
			 issue subpoenas within this time may constitute sufficient grounds for the
			 granting of a continuance.
(E)
			 After the hearing has commenced the hearing examiner may order the issuance of
			 subpoenas for purposes of hearing to compel the attendance and testimony of
			 witnesses and production of books, records and papers. Copies of such subpoenas
			 shall be issued to each representative of record.
(F) Upon motion and for good cause, the
			 hearing examiner may order any subpoena be quashed. Motions to quash shall be
			 made in the manner provided in rules
			 4731-13-07 and
			 4731-13-08 of the
			 Administrative Code, except that motions to quash shall be filed at least seven
			 days prior to the date of compliance. The non-moving party may file a response
			 no later than five days after service of the motion to quash or at least one
			 day prior to the date of compliance whichever is earlier. Unless a motion to
			 quash has been granted, a witness shall attend the hearing to which he or she
			 was subpoenaed. The board shall make a reasonable attempt to contact any
			 witness whose subpoena has been quashed.
(G) Witnesses shall not be subpoenaed to
			 prehearing conferences.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-14 - Mileage reimbursement and witness fees

Current through all regulations passed and filed through July 1, 2024
(A) Mileage shall be paid in the same manner
			 as that allowed in the court of common pleas in criminal cases in the county of
			 hearing.
(B) The respondent shall
			 not subpoena him or her self.
(C)
			 Mileage and witness fees shall be returned by anyone who fails to appear at the
			 hearing for which he or she was subpoenaed.
Five Year Review (FYR) Dates:
				04/21/2016 and
				04/21/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 119.07;
				119.09;
				119.094
Prior
				Effective Dates: 6/30/89, 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-16 - Reinstatement or restoration of certificate

Current through all regulations passed and filed through July 1, 2024
Any disciplinary action taken by the board which results in a
				suspension from practice shall either lapse by its own terms or contain a
				written statement of the conditions under which the certificate may be
				reinstated or restored, unless terms for reinstatement or restoration are
				otherwise governed by statute.
Such conditions may include but are not limited to:
(A) Submission of a written application for
			 reinstatement or restoration;
(B)
			 Payment of all appropriate fees, civil penalties,
			 and fines as provided in Chapter 4731. of the Revised Code;
(C) Mental or physical examination;
(D) Additional education or
			 training;
(E)
			 Reexamination;
(F) Practice
			 limitations;
(G) Participation in
			 counseling programs;
(H)
			 Demonstration that the respondent can resume practice in compliance with
			 acceptable and prevailing standards.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-17 - Settlements, dismissals, and voluntary surrenders

Current through all regulations passed and filed through July 1, 2024
(A) Settlement shall be negotiated on behalf
			 of the board by the secretary and supervising member of the board. Any
			 settlement agreement containing terms not in conformity with the disciplinary
			 guidelines adopted by the board must have the concurrence of the board's
			 president prior to execution.
(B)
			 Any matter which is the subject of a hearing may be settled by the parties. If
			 settlement negotiations continue after the final day of hearing, the parties
			 shall, within ten days of the final day of hearing, jointly present the hearing
			 examiner with written notice specifying a period of time, not to exceed thirty
			 days, during which the record shall be held open for purposes of negotiation.
(1) If the hearing record has closed or
			 closes during the period of time specified in the parties' joint notice, such
			 notice shall toll the hearing examiner's thirty-day time period for issuance of
			 findings of fact and conclusions of law pursuant to section
			 4731.23
			 of the Revised Code.
(2) If, at the
			 conclusion of the time period specified by the parties' joint notice, the
			 hearing examiner has not received appropriate written notice that a settlement
			 agreement has been executed, the tolling of the hearing examiner's thirty-day
			 period for issuance of findings of fact and conclusions of law shall cease, no
			 further settlement negotiations shall be undertaken, and no settlement
			 agreement shall be executed in lieu of the filing of a report and
			 recommendation by the hearing examiner and the issuance of a final order by the
			 board.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-18 - Exchange of documents and witness lists

Current through all regulations passed and filed through July 1, 2024
(A)
								At the time the
			 hearing examiner schedules the hearing with input from the parties, a case
			 management schedule shall be created which will include the deadline dates for
			 each party to provide a list of both the witnesses and the documents intended
			 to be introduced at hearing.
(B)
								Upon motion of
			 any party, failure without good cause to provide the list of witnesses and
			 documents by the deadline date established in the case management schedule may
			 result in exclusion from the hearing of such testimony or
			 documents.
(C)
								The hearing examiner shall set, in the case management
			 schedule, the deadline dates by which the parties shall exchange hearing
			 exhibits, identify lay and expert witnesses and exchange written reports from
			 expert witnesses.
(1)
									Absent extraordinary circumstances, the failure of a
			 party to produce an exhibit under the terms of the case management schedule
			 shall result in the exclusion of that exhibit from evidence at
			 hearing.
(2)
									Absent extraordinary circumstances, the failure of a
			 party to identify a lay or expert witness under the terms of the case
			 management schedule shall result in the exclusion of that witness' testimony at
			 hearing.
(3)
									Absent extraordinary circumstances, the failure of a
			 party to produce a written report from an expert witness under the terms of the
			 case management schedule shall result in the exclusion of the witness' expert
			 testimony at hearing.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-20 - Depositions in lieu of live testimony

Current through all regulations passed and filed through July 1, 2024
(A) Upon written motion of any party, and
			 upon service of that motion to the other party's representative of record, the
			 hearing examiner may order that the testimony of a prospective witness be taken
			 by deposition in lieu of live testimony. The hearing examiner may grant the
			 motion if it appears probable that:
(1) The
			 prospective witness will be unavailable to attend or will be prevented from
			 attending a hearing;
(2) The
			 testimony of the prospective witness is material; and
(3) In the case of an expert witness, a
			 showing of the unavailability of the expert to attend shall not be necessary
			 for the hearing examiner's consideration of the motion to take a deposition in
			 lieu of live testimony.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-20.1 - Electronic testimony

Current through all regulations passed and filed through July 1, 2024
(A)
								Upon written
			 motion of any party, and upon service of that motion to the other party's
			 representative of record, the hearing examiner may order that the testimony of
			 a prospective witness be taken by telephonic or real-time video testimony. The
			 hearing examiner may grant the motion if it appears probable that:
(1)
									The prospective
			 witness will be unavailable to attend or will be prevented from attending a
			 hearing; and
(2)
									The testimony of the prospective witness is
			 material.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-21 - Prior action by the state medical board

Current through all regulations passed and filed through July 1, 2024
The hearing examiner shall admit evidence of any prior action
				entered by the board against the respondent. Such evidence shall include a
				certified copy of the final order in that prior action, and may also include
				other certified documents pertaining to that action.
Five Year Review (FYR) Dates:
				04/21/2016 and
				04/21/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 119.09,
				4731.23
Prior
				Effective Dates: 6/30/89, 3/27/97,
				2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-22 - Stipulation of facts

Current through all regulations passed and filed through July 1, 2024
Parties may, by stipulation, agree on any or all facts involved
				in proceedings before the hearing examiner. The hearing examiner may thereafter
				require development of any fact the hearing examiner deems necessary.
Five Year Review (FYR) Dates:
				04/21/2016 and
				04/21/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 119.09
Prior
				Effective Dates: 6/30/89, 2/28/04