reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-23 - Witnesses

Current through all regulations passed and filed through July 1, 2024
(A) All witnesses
			 at any hearing before the hearing examiner shall testify under oath or
			 affirmation.
(B) A witness may be
			 accompanied and advised by legal counsel. Participation by counsel for a
			 witness other than the respondent is limited to protection of that
			 witness's rights, and that legal counsel may neither
			 examine nor cross-examine any witnesses.
(C)
								
								The
								 board may institute contempt proceedings
			 pursuant to section 119.09 of the Revised
			 Code, if a witness
			 refuses to answer a question ruled proper at a hearing or disobeys a
			 subpoena.
(D) For purposes of
			 this chapter:
(1) A sitting board member is
			 an individual who is currently a member of the board.
(2) A presiding board member is a sitting
			 board member who has a decisive role in the outcome of the matter in question
			 and who is neither the secretary nor the supervising member as appointed
			 pursuant to Chapter 4731. of the Revised Code.
(3) A non-presiding board member is a sitting
			 board member who does not have a decisive role in the outcome of the matter in
			 question due to recusal, absence or other reason.
(4) A presiding hearing examiner is a hearing
			 examiner who is assigned to the matter in question pursuant to section
			 4731.23 of the Revised
			 Code.
(5) A non-presiding hearing
			 examiner is a hearing examiner who is not assigned to the matter in question
			 pursuant to section 4731.23 of the Revised
			 Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-24 - Conviction of a crime

Current through all regulations passed and filed through July 1, 2024
A certified copy of a plea of guilty to, or a judicial finding
				of guilt of any crime in a court of competent jurisdiction is conclusive proof
				of the commission of all of the elements of that crime.
Five Year Review (FYR) Dates:
				04/21/2016 and
				04/21/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 119.09,
				4731.22
Prior
				Effective Dates: 6/30/89
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-25 - Evidence

Current through all regulations passed and filed through July 1, 2024
(A) The "Ohio Rules
			 of Evidence" may be taken into consideration by the board or its hearing
			 examiner in determining the admissibility of evidence, but shall not be
			 controlling. The "Ohio Rules of Evidence" are readily available to attorneys
			 and may be found at libraries, bookstores and on the internet at
www.supremecourt.ohio.gov/LegalResources/Rules/evidence/
(B) The hearing examiner may permit the use
			 of electronic or photographic means for the presentation of evidence.
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;
				4731.23
Prior
				Effective Dates: 6/30/89; 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-26 - Broadcasting and photographing administrative hearings

Current through all regulations passed and filed through July 1, 2024
If the hearing examiner determines that broadcasting,
				televising, recording or taking of photographs in the hearing room would not
				distract participants, impair the dignity of the proceedings or otherwise
				materially interfere with the achievement of a fair administrative hearing, the
				broadcasting, televising, recording or taking of photographs during hearing
				proceedings open to the public may be permitted under the following conditions
				and upon request:
(A) Requests for
			 permission for the broadcasting, televising, recording or taking of photographs
			 in the hearing room shall be made in writing to the hearing examiner prior to
			 the commencement of the hearing, and shall be made a part of the record of the
			 proceedings;
(B) Permission is
			 expressly granted prior to commencement of the hearing in writing by the
			 hearing examiner and is made a part of the record of the proceedings;
(C) If the permission is granted,
			 the hearing examiner shall specify the place or places in the hearing room
			 where operators and equipment are to be positioned;
(D) The filming, videotaping, recording or
			 taking of photographs of witnesses who object thereto 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, 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-27 - Sexual misconduct evidence

Current through all regulations passed and filed through July 1, 2024
In those cases where sexual misconduct has been alleged:
(A) Evidence of specific instances of
			 the victim's sexual activity, opinion evidence of the victim's sexual activity,
			 and reputation evidence of the victim's sexual activity shall not be admitted
			 unless it involves evidence of the origin of semen, pregnancy, or disease, or
			 the victim's sexual activity with the offender, and only to the extent that the
			 evidence is material to a fact at issue in the case and that its inflammatory
			 or prejudicial nature does not outweigh its probative value.
(B) Prior to taking testimony or receiving
			 evidence of any sexual activity of the victim, the hearing examiner shall
			 resolve the admissibility of the proposed evidence in a closed hearing. The
			 victim may be represented by counsel in that hearing or other proceedings to
			 resolve the admissibility of evidence upon approval by the hearing examiner.
(C) Nothing in this rule shall be
			 construed as limiting the authority of the hearing examiner to close a hearing
			 as provided under paragraph (B) of rule
			 4731-13-03
			 of the Administrative Code.
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: 10/31/89, 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-28 - Supervision of hearing examiners

Current through all regulations passed and filed through July 1, 2024
The hearing examiners shall perform their duties under the
				supervision and direction of the board's executive director, provided that the
				board, other than the secretary and supervising member, shall have exclusive
				authority to impose discipline based on the substance of the hearing examiners'
				reports and recommendations.
Five Year Review (FYR) Dates:
				04/21/2016 and
				04/21/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 4731.05,
				4731.23
Prior
				Effective Dates: 3/27/97, 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-30 - Prehearing conference

Current through all regulations passed and filed through July 1, 2024
With or without written motion from any party, the hearing
				examiner may schedule a prehearing conference to address any matter related to
				preparation for or conduct of a hearing. The prehearing conference may be in
				person or by telephone. No witness testimony shall be taken during a prehearing
				conference. Any documents presented at the prehearing conference shall be made
				part of the hearing record. If a transcript of the proceeding is prepared, the
				transcript shall be made part of the hearing record.
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: 3/27/97, 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-31 - Transcripts of prior testimony

Current through all regulations passed and filed through July 1, 2024
(A) Any transcript of prior testimony of a
			 witness may be used for the purpose of refreshing the recollection,
			 contradicting the testimony or impeaching the credibility of that witness. If
			 only a part of a transcript is offered into evidence by a party, the other
			 party may offer any other part.
(B) A transcript of testimony and exhibits
			 from a prior proceeding may be introduced for any purpose if that prior
			 proceeding concerns the basis for the board's allegations against the
			 respondent. Upon offering part of a transcript or exhibit from a prior
			 proceeding, the offering party may be required by the other party to present
			 any other part of the offered item which should in fairness be considered
			 contemporaneously with it.
(C)
			 Nothing in this paragraph shall be construed to permit the taking of
			 depositions for purposes other than those set forth in rule
			 4731-13-20
			 of the Administrative Code.
(D)
			 Nothing in this rule shall be construed to limit the use of a prior statement
			 by a respondent as set forth in rule
			 4731-13-32
			 of the Administrative Code.
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: 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-32 - Prior statements of the respondent

Current through all regulations passed and filed through July 1, 2024
Prior statements of the respondent shall not be excluded on the
				basis of hearsay.
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: 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-33 - "Physicians' Desk Reference"

Current through all regulations passed and filed through July 1, 2024
The board or its hearing examiner may utilize the "Physicians'
				Desk Reference" (PDR) for information regarding the FDA approved labeling for
				dangerous drugs. The edition(s) of the PDR utilized shall be the edition(s)
				contemporaneous with the allegations set forth in the notice of opportunity for
				hearing upon which the hearing is based. The "PDR" is a well-known and readily
				available text. It may be found at libraries, bookstores or on the internet at
www.pdr.net
. The board or its hearing examiner may also utilize the US
				National library of medicine at medlineplus.gov.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-34 - Ex parte communication

Current through all regulations passed and filed through July 1, 2024
(A) The members of the board shall base their
			 decisions on any matter subject to hearing only on the evidence of record. No
			 information acquired by a member of the board in any way other than by review
			 of the evidence of record shall be considered by such member in that member's
			 decision on a matter subject to hearing. The receipt of information about a
			 matter subject to hearing outside the evidence of record shall not disqualify
			 the member from participating in the decision on that matter unless the member
			 excuses himself or herself from participation in the decision on the ground
			 that he or she cannot restrict his or her decision on the matter to the
			 evidence of record.
(B) Except as
			 otherwise provided under this chapter or by statute, no hearing examiner or
			 member of the board shall initiate or consider ex parte communications
			 concerning a substantive matter related to a pending hearing. Nothing contained herein, however, shall preclude the
			 hearing examiner from nonsubstantive ex parte communications on procedural
			 matters and matters affecting the efficient conduct of adjudicatory
			 hearings.
(C) The hearing examiner
			 and members of the board shall disclose on the public record the source of any
			 ex parte or attempted ex parte communications pertaining to a substantive
			 issue. If the recipient of the ex parte communication determines that he or she
			 can no longer render an impartial decision, the recipient shall recuse himself
			 or herself from further participation in consideration of the matter.
(D) If requested by any party, the recipient
			 of the ex parte communication shall file with the board an affidavit setting
			 forth the substance of the ex parte communication. The affidavit shall be
			 sealed, held as proffered
								 material and maintained with the
			 hearing record.
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: 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-35 - Severability

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 otherwise provided under this chapter or by statute, a rule promulgated under
			 this chapter shall apply only to those administrative proceedings for which the
			 notice of opportunity for hearing was mailed to respondent, or his
			 representative, on or after the effective date of the particular rule.
(B) If any provision of the rules
			 in this chapter of the Administrative Code or if the application of any
			 provision of the rules in this chapter of the Administrative Code is held
			 invalid, the invalidity shall not affect any other provision of the rules in
			 this chapter, or the application of any other provision of the rules in this
			 chapter, that can be given effect without the invalid provision or application,
			 and, to this end, the provisions of the rules in this chapter are hereby
			 declared severable.
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: 2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-14 - Pronouncement of Death › Section 4731-14-01 - Pronouncement of death

Current through all regulations passed and filed through July 1, 2024
(A) Only an individual holding one of the
			 following current certificates or licenses may pronounce a person dead:
(1) A certificate to practice medicine and
			 surgery or osteopathic medicine and surgery issued under section
			 4731.14
									of the Revised Code;
(2) A training certificate issued under
			 section
			 4731.291
			 of the Revised Code;
(3) A clinical
			 research faculty certificate issued under section
			 4731.293
			 of the Revised Code;
(4) A special
			 activities certificate issued under section
			 4731.294
			 of the Revised Code;
(5) A
			 license to practice as a certified nurse practitioner
			 or clinical nurse specialist issued under section
			 4723.42 of
			 the Revised Code, when the holder acts in compliance with section
			 4723.36
			 of the Revised Code;
(6) A license
			 to practice as a registered nurse issued under section
			 4723.09
			 of the Revised Code, when the holder acts in compliance with section
			 4723.36
			 of the Revised Code.
(7) A license
			 to practice as a physician assistant issued under section
			 4730.12 of the
			 Revised Code, when the holder acts in compliance with section
			 4730.202
			 of the Revised Code;
(8) A
			 certificate of conceded eminence issued under section
			 4731.297
			 of the Revised Code;
(9) A
			 certificate to practice podiatric medicine and surgery issued under section
			 4731.56
									 of the Revised
			 Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-15 - Reporting Requirements › Section 4731-15-02 - Healthcare facility reporting requirement

Current through all regulations passed and filed through July 1, 2024
(A)
								The chief
			 administrator or executive officer of any healthcare facility as defined in
			 section 3702.51 of the Revised Code,
			 including a hospital, healthcare facility operated by a health insuring
			 corporation, ambulatory surgical facility, or similar facility, shall report to
			 the board any formal disciplinary action against any individual licensed by the
			 board within sixty days after its completion.
(B)
								"Formal
			 disciplinary action" means any procedure resulting in the revocation,
			 restriction, reduction, or termination of clinical privileges for violations of
			 professional ethics, or for reasons of medical incompetence, medical
			 malpractice, misconduct, or impairment. Clinical privileges mean the
			 authorization by the healthcare facility to a person licensed by the board for
			 the provision of health care services.
(C)
								Formal
			 disciplinary actions shall include:
(1)
									Summary actions, actions that take effect
			 notwithstanding any appeal rights that may exist and actions that result in an
			 individual surrendering clinical privileges while under investigation during
			 proceedings regarding the action being taken or in return for not being
			 investigated or having proceedings held, resulting in revocation, restriction,
			 reduction, or termination of privileges for the violations or reasons set forth
			 in paragraph (B) of this rule; and
(2)
									Actions resulting
			 in refusal or denial of clinical privileges for the violations or reasons set
			 forth in paragraph (B) of this rule;
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-15 - Reporting Requirements › Section 4731-15-03 - Malpractice reporting requirement

Current through all regulations passed and filed through July 1, 2024
(A) Any insurer providing professional
			 liability insurance or any other entity that seeks to indemnify the
			 professional liability of any person holding a valid license
								 shall notify the board within thirty days after the final
			 disposition of any written claim for damages where such disposition results in
			 a payment which exceeds twenty-five thousand dollars.
(B) For purposes of the malpractice reporting statutes
								 and this
			 rule:
(1) The amount of payment shall mean the
			 aggregate gross settlement, not including court costs or other litigation
			 costs;
(2) The present value of
			 future payments shall be utilized in calculating the aggregate gross settlement
			 in cases of structured payments;
(3) In cases involving multiple defendants
			 where payment exceeds twenty-five thousand dollars but no specific allocation
			 is made in the disposition of the claim, a report shall be filed with the board
			 for each of the defendants upon whose behalf the payment is made;
(4) Payments made solely for damages not
			 arising from patient care need not be reported;
(5) The waiver of an outstanding debt is not
			 construed as a payment.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-15 - Reporting Requirements › Section 4731-15-04 - Professional society reporting

Current through all regulations passed and filed through July 1, 2024
(A) Any professional association or society
			 composed primarily of doctors of medicine and surgery, doctors of osteopathic
			 medicine and surgery, doctors of podiatric medicine and surgery, practitioners
			 of the limited branches of medicine, dietitians,
			 anesthesiologist assistants, respiratory care
			 professionals, physician assistants, acupunctruists
								,  radiologist assistants,
			 or genetic counselors that suspends or revokes an individual's membership
			 in that society for violations of professional ethics or for reasons of
			 professional incompetence or professional malpractice shall report that action
			 to the board within sixty days after a final decision.
(B) Each report shall include:
(1) The licensee's name and license
			 number;
(2) The action taken;
			 and
(3) A summary of the underlying
			 facts leading to the action.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter of the
				Administrative Code:
(A)
								"Applicant" has the same meaning as used in division
			 (A) of section 4731.25 of the Revised
			 Code.
(B)
								"Approved evaluator or treatment provider" means an
			 evaluator or treatment provider approved by the monitoring organization
			 pursuant to section 4731.251 of the Revised Code and
			 this chapter of the Administrative Code.
(C)
								"The board" means
			 the state medical board of Ohio.
(D)
								"Confidential
			 monitoring program" means a confidential non-disciplinary program for the
			 evaluation and treatment of practitioners and applicants who are, or may be
			 impaired under sections
			 4731.25 to
			 4731.255 of the Revised
			 Code.
(E)
								"Continuing care" or "Aftercare" means regular
			 treatment sessions following the successful completion of primary treatment
			 which are facilitated by a licensed healthcare provider to address ongoing
			 recovery issues and are provided by a treatment provider approved by the
			 monitoring organization.
(F)
								"Impaired" or "Impairment" has the same meaning as used
			 in divisions (A)(2)(a) and (A)(2)(b) of section
			 4731.25 of the Revised Code.
			 Impairment includes the inability to practice according to acceptable and
			 prevailing standards of care by reason of mental illness, mental disorder, or
			 physical illness, including but not limited to physical deterioration that
			 adversely affects cognitive, motor, or perceptive skills. Impairment includes
			 the inability to practice in accordance with such standards without appropriate
			 treatment, monitoring, or supervision.
(G)
								"Impaired
			 physician committee" includes health committees, physician assistance
			 committees, peer support committees, and similar bodies.
(H)
								"Monitoring
			 organization" means an entity that meets the requirements of division (B) of
			 section 4731.25 of the Revised Code and
			 enters into a contract with the board for the operation of the confidential
			 monitoring program for impaired practitioners and applicants, review and
			 approval of evaluators and treatment providers in section
			 4731.251 of the Revised Code,
			 and assists the board with monitoring impaired practitioners who are subject to
			 formal disciplinary action by the board under division (C) of section
			 4731.251 of the Revised
			 Code.
(I)
								"Practitioner" has the same meaning as used in section
			 4731.25(A)(3) 
			 of the Revised Code.
Replaces: 4731-16-01
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-02 - General procedures in impairment cases

Current through all regulations passed and filed through July 1, 2024
(A)
								Should the board
			 have reason to believe that any practitioner or applicant is impaired, it shall
			 refer the individual to the monitoring organization. In addition, upon
			 notification by the monitoring organization that the practitioner or applicant
			 is not eligible for the confidential monitoring program, the board may compel
			 the individual to submit to a mental or physical examination, or both.
(1)
									Such examinations
			 shall be undertaken by an evaluator or treatment provider under contract with
			 the board and on the approved list maintained by the monitoring
			 organization.
(2)
									The notice issued ordering the individual to submit to
			 examination shall delineate acts, conduct or behavior committed or displayed
			 which establish reason to believe that the individual is
			 impaired.
(3)
									Failure to submit to examination ordered by the board
			 constitutes an admission of impairment unless the failure is due to
			 circumstances beyond the individual's control.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-04 - Other violations

Current through all regulations passed and filed through July 1, 2024
For purposes of board disciplinary
				action for violations of any board rule or law, impairment shall not excuse
				acts which result in a plea of guilty to, a judicial finding of guilt of, or a
				judicial finding of eligibility for intervention in lieu of conviction for, a
				felony, a misdemeanor committed in the course of practice, or a misdemeanor
				involving moral turpitude, the commission an act that constitutes a felony,
				misdemeanor in the course of practice, or misdemeanor of moral turpitude, in
				this state, or which might, as determined by the board, have an adverse impact
				on other individuals. Such acts shall constitute independent basis for
				disciplinary action.
Replaces: 4731-16-04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-05 - Examinations

Current through all regulations passed and filed through July 1, 2024
(A)
								Any impairment examination of an applicant or
			 practitioner ordered by the board and performed by an evaluator or treatment
			 provider approved by the monitoring organization and under contract with the
			 board shall include all of the following:
(1)
									Comprehensive
			 evaluation pertinent to the reasons for referral, including:
(a)
										Routine
			 laboratory tests;
(b)
										Psychiatric evaluation, if applicable;
(c)
										Comprehensive
			 biopsychosocial assessment; and
(d)
										Physical
			 examination, if applicable.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-08 - Criteria for approval for evaluators and treatment providers

Current through all regulations passed and filed through July 1, 2024
(A)
								In order to be approved as an evaluator or treatment
			 provider for impaired applicants or practitioners, the evaluator or treatment
			 provider must submit an application to the monitoring organization, which
			 includes information regarding the areas of expertise and services provided,
			 accreditation status, staffing composition, treatment approaches utilized,
			 census and financial information, and other information as requested by the
			 monitoring organization.
(B)
								The monitoring organization shall review individuals
			 and entities providing evaluations and treatment to licensees and applicants
			 who are impaired or potentially impaired.
(1)
									As part of the
			 review the monitoring organization shall determine whether the individual or
			 entity has the capability to evaluate impaired or potentially impaired
			 practitioners or applicants for conditions which impair the ability to practice
			 in accordance with acceptable and prevailing standards of care, including
			 mental or physical illness, including substance use disorder.
(2)
									As part of the
			 review, the monitoring organization shall determine whether the individual or
			 entity has the capability to provide treatment to impaired practitioners or
			 applicants, which may include withdrawal management, inpatient, residential,
			 extended residential, partial hospitalization intensive outpatient, outpatient,
			 continuing care, or other therapy or treatment.
(3)
									Evaluators or
			 treatment providers which are facilities providing substance use disorder
			 evaluation or treatment shall hold accreditation from one of the
			 following:
(a)
										Commission on accreditation of rehabilitation
			 facilities;
(b)
										American society of addiction medicine;
			 or
(c)
										The joint commission.
(4)
									Evaluators or
			 treatment providers which are facilities providing mental health disorder
			 evaluation or treatment shall hold accreditation from one of the
			 following:
(a)
										Commission on accreditation of rehabilitation facilities;
			 or
(b)
										The joint commission.
(5)
									Evaluators or
			 treatment providers who are individual physicians or other licensed healthcare
			 professionals shall provide evidence of education, training, and experience
			 treating the relevant diseases or conditions.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-16 - Practice prohibition

Current through all regulations passed and filed through July 1, 2024
(A) No individual licensed pursuant to
			 Chapter 4730., 4731., 4760., or 4762. of the Revised Code shall practice while
			 receiving a controlled substance for the treatment of opioid dependence. A
			 violation of this section shall constitute "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 language is used in division (B)(6) of section
			 4731.22 of the Revised Code,
			 division (B)(19) of section
			 4730.25 of the Revised Code,
			 division (B)(4) of section
			 4760.13 of the Revised Code, and
			 in division (B)(4) of section
			 4762.13 of the Revised Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-17 - Requirements for confidential monitoring program

Current through all regulations passed and filed through July 1, 2024
(A)
								Practitioners and
			 applicants of the board who may be impaired in the ability to practice in
			 accordance with acceptable and prevailing standards of care and who want to
			 participate in the confidential monitoring program shall complete the following
			 requirements:
(1)
									The practitioner or applicant shall contact the
			 monitoring organization under contract with the board and obtain a list of the
			 approved evaluators and treatment providers;
(2)
									If the
			 practitioner or applicant reports directly to an approved treatment provider,
			 the practitioner or applicant licensee shall contact the monitoring
			 organization upon referral from the approved evaluator or treatment provider;
			 and
(3)
									The practitioner or applicant shall participate in an
			 evaluation conducted by an evaluator or treatment provider in accordance with
			 the recommendation of the monitoring organization.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-19 - Monitoring organization for confidential monitoring program

Current through all regulations passed and filed through July 1, 2024
(A)
								The board shall enter into a contract with a monitoring
			 organization to monitor applicants and practitioners participating in the
			 confidential monitoring program.
(1)
									The monitoring organization shall provide practitioners
			 and applicants with a list of treatment providers approved to provide
			 evaluations and treatment for the confidential monitoring
			 program.
(2)
									The medical director or designee of the monitoring
			 organization shall, along with the medical director of the treatment provider,
			 review and determine whether an individual is able to practice according to
			 acceptable and prevailing standards of care.
(3)
									The medical
			 director or designee of the monitoring organization shall, along with the
			 continuing care provider, review and determine whether an individual is
			 eligible for release from continuing care, if applicable.
(4)
									At the request of
			 the board, the medical director of the monitoring organization, or designee,
			 shall provide testimony in any disciplinary proceeding involving a practitioner
			 or applicant reported to the board by the monitoring
			 organization.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-20 - Evaluators and treatment providers in the confidential monitoring program

Current through all regulations passed and filed through July 1, 2024
(A)
								The evaluator or treatment provider shall perform an
			 evaluation appropriate to the practitioner or applicant's condition to
			 determine the degree of impairment of the practitioner or applicant and shall
			 develop an individualized treatment plan. The individualized treatment plan may
			 include a combination of in-patient, residential, partial hospitalization,
			 intensive outpatient treatment, outpatient treatment, or other appropriate
			 therapy or treatment appropriate to the practitioner or applicant's
			 condition.
(B)
								The evaluator or treatment provider may recommend that
			 the practitioner immediately suspend practice upon determination of impairment.
			 Clearance from the treatment provider and monitoring organization medical
			 director or designee are required for return to practice. Failure of the
			 practitioner or applicant to follow the recommendation shall be reported to the
			 board by the treatment provider and the monitoring
			 organization.
(C)
								The evaluator or treatment provider shall notify the
			 monitoring organization of the determination of impairment and the treatment
			 plan.
(D)
								The treatment plan shall include group therapy with
			 other patients who work in similar disciplines as the licensee or other
			 professionals, as appropriate.
(E)
								The treatment
			 plan shall include education regarding the statutes, rules, and policies of the
			 board with respect to impairment.
(F)
								The treatment
			 plan may include education to assist the practitioner to transition back to
			 work, if applicable.
Replaces: 4731-16-20
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-17 - Exposure-Prone Invasive Procedure Precautions › Section 4731-17-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For purposes of this chapter of the Administrative Code:
(A) "Licensee" means any person holding or
			 practicing pursuant to a certificate issued by the board under Chapter 4730.,
			 4731., 4760., 4761., 4762., or 4774. of the
			 Revised Code.
(B) "Invasive
			 procedure" means any of the following:
(1)
			 Surgical or procedural entry into tissues, cavities, or organs or repair of
			 major traumatic injuries associated with any of the following: an operating or
			 delivery room, emergency department, or outpatient setting, including
			 physicians' offices; cardiac catheterization and angiographic procedures; a
			 vaginal or cesarean delivery or other invasive obstetric procedure during which
			 bleeding may occur; or the manipulation, cutting, or removal of any oral or
			 perioral tissues, including tooth structure, during which bleeding occurs or
			 the potential for bleeding exists.
(2) Any entry into the hair follicle using an
			 electric modality for the purpose of hair removal.
(3) The practice of acupuncture as defined in
			 section
			 4762.01
			 of the Revised Code.
(4) The
			 performance of fluoroscopic procedures pursuant to section
			 4774.08
			 of the Revised Code.
(5) The
			 performance of cosmetic procedures, such as the injection of botulinum toxin,
			 dermal fillers, permanent makeup at a location that is not licensed under the
			 rules in Chapter 3701-9 of the Administrative Code, laser hair removal, and
			 hair replacement procedures.
(6)
									The performance of respiratory care procedures
			 involving blood and gas sampling, administering medical gases, aerosols and
			 medications, performing aspiration, and the use of artificial airways,
			 ventilators and other life support equipment.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-17 - Exposure-Prone Invasive Procedure Precautions › Section 4731-17-02 - Universal precautions

Current through all regulations passed and filed through July 1, 2024
Licensees who perform or participate in invasive procedures
				shall, in the performance of or participation in any such procedures or
				functions, be familiar with, observe and rigorously adhere to the acceptable
				and prevailing standards for universal blood and body fluid precautions to
				minimize the risk of being exposed to or exposing others to the hepatitis B
				virus (HBV), the hepatitis C virus (HCV), and
				the human immunodeficiency virus (HIV). The
				acceptable and prevailing universal blood and body fluid precautions which the
				licensee follows shall include at least the following:
(A) Appropriate use of hand
			 washing;
(B) Effective disinfection
			 and sterilization of equipment;
(C)
			 Safe handling and disposal of needles and other sharp instruments;
			 and
(D) Appropriate barrier
			 techniques including wearing and disposal of gloves and other protective
			 garments and devices.
Effective: 11/30/2016
Five Year
				Review (FYR) Dates: 08/16/2016 and
				11/30/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05,
				4731.052
Rule
				Amplifies: 4731.051,
				4731.22
Prior
				Effective Dates: 10/1/94, 12/31/97,
				2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-17 - Exposure-Prone Invasive Procedure Precautions › Section 4731-17-03 - Hand washing

Current through all regulations passed and filed through July 1, 2024
Licensees who perform or participate in invasive procedures
				shall follow acceptable and prevailing standards for hand washing which shall
				include at least the following:
(A)
			 Hands shall be washed appropriately prior to performing or participating in an
			 invasive procedure and after performing or participating in an invasive
			 procedure;
(B) Hands and other
			 skin surfaces shall be washed immediately and thoroughly if contaminated with
			 blood or other body fluids; and
(C) Hands shall be washed immediately after
			 gloves are removed.
Five Year Review (FYR) Dates:
				08/17/2016 and
				08/17/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05
Rule
				Amplifies: 4731.051,
				4731.22
Prior
				Effective Dates: 10/1/94, 12/31/97,
				2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-17 - Exposure-Prone Invasive Procedure Precautions › Section 4731-17-04 - Disinfection and sterilization

Current through all regulations passed and filed through July 1, 2024
Instruments and other equipment classified by the FDA as
				reusable, used by licensees who perform or participate in invasive procedures
				shall be appropriately disinfected and sterilized according to acceptable and
				prevailing standards for disinfection and sterilization which shall include at least the
				following:
(A) Instruments and devices
			 that enter the patient's vascular system or other normally sterile areas of the
			 body shall be sterilized before being used for each patient;
(B) Instruments and devices that touch intact
			 mucous membranes but do not penetrate the patient's body surfaces shall be
			 sterilized when possible, or undergo high-level disinfection if they cannot be
			 sterilized before using for each patient;
(C) Instruments and devices that are able to
			 withstand repeated exposure to heat shall be heat sterilized. Sterilization
			 shall be accomplished by autoclave, dry heat, unsaturated chemical vapor,
			 ethylene oxide, hydrogen peroxide gas plasma, or any other FDA/ EPA-approved
			 method;
(D) Instruments and items
			 that cannot withstand heat sterilization shall be subjected to a high level
			 disinfection process, including compliance with any manufacturer's instructions
			 for disinfection;
(E) Heat
			 sterilizing devices shall be tested for proper function on a weekly basis by
			 means of a biological monitoring system that indicates microorganism kill.
			 Documentation shall be maintained either in the form of a log reflecting dates
			 and person(s) conducting the testing or copies of reports from an independent
			 testing entity. The documentation shall be maintained for a period of at least
			 two years. In the event of a positive biological spore test, the licensee must
			 take immediate remedial action to ensure that heat sterilization is being
			 accomplished;
(F) Surface
			 disinfection:
(1) Environmental surfaces that
			 are contaminated by blood or other body fluids shall be disinfected with a
			 chemical germicide that is registered with the environmental protection agency
			 as a "hospital disinfectant" or sodium hypochlorite and is mycobactericidal at
			 use-dilution. The disinfection process shall be followed before each patient;
			 and
(2) Impervious backed paper,
			 aluminum foil or plastic wrap shall be used to cover
			 surfaces that may be contaminated by blood or other body fluids and that are
			 difficult or impossible to disinfect. The cover shall be removed, discarded and
			 then replaced between patients.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-17 - Exposure-Prone Invasive Procedure Precautions › Section 4731-17-05 - Handling and disposal of sharps and wastes

Current through all regulations passed and filed through July 1, 2024
(A) To prevent injuries, no licensee
			 performing or participating in invasive procedures shall recap needles, or
			 purposely bend or break needles or other sharp instruments or items by
			 hand.
(B) After a licensee who is
			 performing or participating in an invasive procedure uses disposable needles,
			 syringes, scalpel blades or other sharp items, the licensee shall place the
			 disposable sharp items used in a puncture-resistant container for disposal. The
			 puncture-resistant container shall be located as close as practicable to the use area.
(C) All sharp items and contaminated wastes
			 shall be disposed of according to requirements established by federal, local
			 and state environmental or regulatory agencies.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-17 - Exposure-Prone Invasive Procedure Precautions › Section 4731-17-06 - Barrier techniques

Current through all regulations passed and filed through July 1, 2024
All licensees who perform or participate in invasive procedures
				shall routinely use appropriate barrier precautions to prevent skin and
				mucous-membrane contact with blood and other body fluids of all patients. The
				barrier techniques to be followed are:
(A) All licensees shall wear disposable
			 gloves when performing or participating in invasive procedures. Hands shall be
			 washed when gloves are removed. Before performing or participating in invasive
			 procedures on another patient, the licensee shall wash hands and reglove with
			 another pair of disposable gloves. If a glove is torn or a needlestick or other
			 injury occurs, the glove shall be removed and a new glove used as promptly as
			 patient safety permits. The needle or instrument involved in the incident shall
			 be removed from the sterile field. Disposable gloves shall not be washed or
			 reused for any purpose.
(B) All
			 licensees shall wear masks and protective eyewear when performing or
			 participating in invasive procedures if during the procedure there is likely to
			 be spattering or splashing of blood or other body fluids.
(C) Gowns or aprons made of materials that
			 provide an effective barrier shall be worn by all licensees who are performing
			 or participating in invasive procedures if during the procedure there is likely
			 to be spattering or splashing of blood or other body fluids.
Five Year Review (FYR) Dates:
				08/17/2016 and
				08/17/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4731.05,
				4731.051
Rule
				Amplifies: 4731.051,
				4731.22
Prior
				Effective Dates: 10/1/94, 12/31/97,
				2/28/04
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-17 - Exposure-Prone Invasive Procedure Precautions › Section 4731-17-07 - Violations

Current through all regulations passed and filed through July 1, 2024
(A) A physician
			 assistant who violates any provision of this chapter shall be subject to
			 discipline pursuant to divisions (B)(2), (B)(3), (B)(19) and (B)(21) of section
			 4730.25
			 of the Revised Code.
(B) An
			 anesthesiologist assistant who violates any provision of this chapter shall be
			 subject to discipline pursuant to divisions (B)(2), (B)(3), (B)(4) and (B)(19)
			 of section
			 4760.13
			 of the Revised Code.
(C) An
			 acupuncturist  who violates any provision of this chapter shall be
			 subject to discipline pursuant to divisions (B)(2), (B)(3), (B)(4) and (B)(20)
			 of section
			 4762.13
			 of the Revised Code.
(D) A
			 radiologist assistant who violates any provision of this chapter shall be
			 subject to discipline pursuant to divisions (B)(2), (B)(3), (B)(4), and (B)(19)
			 of section
			 4774.13
			 of the Revised Code.
(E) Any other
			 licensee who violates any provision of this chapter shall be subject to
			 discipline pursuant to divisions (B)(6), (B)(20) and (B)(29) of section
			 4731.22
			 of the Revised Code.
(F)
								A respiratory care professional or limited permit
			 holder who violates any provision of this chapter shall be subject to
			 discipline pursuant to division (B)(10) of section
			 4761.09
			 of the Revised Code.
Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-18 - Surgery Standards › Section 4731-18-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter of the Administrative Code:
(A) "Light based medical device " means any
			 device that can be made to produce or amplify electromagnetic radiation at
			 wavelengths equal to or greater than one hundred eighty nm but less than or
			 equal to 1.0 X 10 6nm [ten to the sixth
			 power] and that is manufactured, designed, intended or promoted for irradiation
			 of any part of the human body for the purpose of affecting the structure or
			 function of the body.
(B)
			 "Phototherapy" means the following:
(1) For
			 paragraph (A) of rule
			 4731-18-04 of the Administrative
			 Code, phototherapy means the application of light for the treatment of
			 hyperbilirubinemia in neonates.
(2)
			 For paragraphs (B) and (C) of rule
			 4731-18-04 of the Administrative
			 Code, phototherapy means the application of ultraviolet light for the treatment
			 of psoriasis and similar skin diseases. This application can occur with any
			 device cleared or approved by the United States food and drug administration
			 for the indicated use that can be made to produce irradiation with broadband
			 ultraviolet B (290-320nm), narrowband ultraviolet B (311-313 nm), excimer light
			 based (308nm), ultraviolet A1 (340-400nm), or UVA (320-400nm) plus oral
			 psoralen called PUVA.