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Important Information

from the State Medical Board of Ohio

Board Seeks Comments Regarding Proposed Physician CME Rules

Public comment is being sought on the following proposed Medical Board rules filed with the Common Sense Initiative Office. The Business Impact Analysis and the proposed rules can be found by clicking on the links below.

Comments on any of the rules should be submitted no later than October 16, 2017 to both the Medical Board (Sallie.Debolt@med.ohio.gov) And the Common Sense Initiative Office (csipubliccomments@governor.ohio.gov).

Physician CME Rules
Proposed amendments permit physicians to earn up to 33 hours of Category 2 CME credit per renewal cycle for providing volunteer health services to indigent or uninsured patients and the documentation requirements needed to claim this credit.

4731-10-02 Requisite hours of continuing medical education for license renewal or reinstatement
4731-10-08 Evidence of continuing medical education.
4731-10-09 Continuing medical education requirement for mid-term licensees.
4731-10-10 Continuing medical education requirements following licensure restoration.

 

Board Seeks Comments Regarding Proposed Limited Branch Rules

Public comment is being sought on the following proposed Medical Board rules filed with the Common Sense Initiative Office. The Business Impact Analysis and the proposed rules can be found by clicking on the links below.

Comments on any of the rules should be submitted no later than October 16, 2017 to both the Medical Board (Sallie.Debolt@med.ohio.gov) and the Common Sense Initiative Office (csipubliccomments@governor.ohio.gov).

Limited Branch Rules

4731-1-03 General prohibitions. No changes proposed.

4731-1-04 Scope of practice: mechanotherapy. Proposed to be amended.

4731-1-05 Scope of practice: massage therapy. Proposed to be amended to reflect that wallet cards are no longer issued.

4731-1-06 Scope of practice: naprapathy. No changes proposed.

4731-1-07 Eligibility of electrologists licensed by the Ohio state board of cosmetology to obtain licensure as cosmetic therapists pursuant to Chapter 4731 of the Revised Code and subsequent limitation. No changes proposed.

4731-1-09 Cosmetic therapy curriculum requirements. No changes proposed.

4731-1-10 Distance Education. Proposed to be amended.

4731-1-15 Determination of standing of school, college, or institution. Proposed to be amended.

4731-1-17 Instructional staff in Ohio cosmetic therapy and massage therapy programs. Proposed to be amended.

 

Newly Adopted and Amended Rules effective 8/31/17

Newly Adopted and Amended Rules

The Medical Board adopted the following new and amended rules that are effective on 8/31/17:

 

Medical or osteopathic licensure: 4731-6-01, 4731-6-05, 4731-6-10, 4731-6-21, 4731-6-22, 4731-6-30, 4731-6-32, 4731-6-33, 4731-6-34  

Drug treatment of chronic pain: 4731-21-01, 4731-21-02, 4731-21-03 , 4731-21-04, 4731-21-06

Emeritus registration: 4731-22-01, 4731-22-02, 4731-22-07

Mental or physical impairment: 4731-28-01

 

Medical Marijuana Public Rules Hearing: July 10

​A public hearing on proposed rules will be conducted on July 10, 2017 at 1:00 p.m. in the Multipurpose Room, State Fire Marshal’s Office, 8895 E. Main Street, Reynoldsburg, OH 43068. Oral and written testimony may be presented by any person affected by the proposed rules.

Notice of July 10, 2017 Public Hearing

Rules in Chapter 4731-32. The rules concern medical marijuana certificates to recommend, standards of care related to recommending medical marijuana, and petitions to request additional qualifying conditions or diseases.

A Public Rules Hearing Will Be Held on July 26, 2017

A public hearing on proposed rules will be held on July 26, 2017 at 10:00 a.m. in the Lobby Hearing Room, Rhodes State Office Tower, 30 E. Broad Street, 1st Floor, Columbus, OH 43215. Oral and written testimony may be presented by any person affected by the proposed rules.

Notice of July 26, 2017 Public Hearing

Rules 4731-11-01, 4731-11-02 and 4731-11-13

The rules are applicable to the prescribing of controlled substances. Rule 4731-11-13 is proposed as a new rule applicable to prescribing opiate analgesics for acute pain. The rules will be applicable to physicians and physician assistants. 

 

Newly Adopted and Amended Rules

The Medical Board adopted new and amended rules that are effective on 6-30-17.

Podiatric licensure rules: 4731-12-01, 4731-12-02, 4731-12-04, 4731-12-05, 4731-12-06 and 4731-12-07. (Please note: Rule 4731-12-03 was filed as a “no change” rule and will continue on without having to be re-adopted.)

Standards and procedures for the operation of a pain management clinic: 4731-29-01

 

A Public Hearing Will Be Held June 23, 2017

​A public hearing will be held on June 23rd at 1:30 p.m. in the Lobby Hearing Room of The Rhodes State Office Tower. It is located at 30 E. Broad Street, 1st Floor, Columbus, Ohio 43215. Oral and written testimony may be presented by any person affected by the proposed rules.

Click here for information about the proposed rule rescissions, amendments and adoptions.

SMBO files Prescribing of Opioid Analgesics for Acute Pain rules with Common Sense Initiative Office.

At this time, public comment is being sought on the proposed actions for the following rules. The rule number is a link to the rule and the Business Impact Analysis filed with the Common Sense Initiative.

Prescribing of Opioid Analgesics for Acute Pain

  • 4731-11-01          Definitions (related to controlled substances)

  • 4731-11-02          General provisions (related to controlled substances)

  • 4731-11-13          Prescribing of opioid analgesics for acute pain

  • Business Impact Analysis

  • Comments on the proposed rules must be received no later than May 26, 2017. Please send comments to the Medical Board and to the Common Sense Initiative Office.

  • Please provide comments to both of the following:

  • Questions may be directed to: Sallie Debolt, Senior Counsel, State Medical Board of Ohio at Sallie.Debolt@med.ohio.gov

Proposed Creation of Confidential Monitoring Program

The State Medical Board of Ohio (“Medical Board”) invites interested parties to comment on proposed rules that will create a non-disciplinary, confidential monitoring program that allows licensees with mental or physical illnesses, other than substance use disorders, to be monitored by the Medical Board without being subjected to formal public disciplinary action. The program will be entirely within the Medical Board’s investigative process and overseen by the Secretary and Supervising Member of the Medical Board.

If the proposed confidential monitoring program is created, there will be three possible results should the Medical Board receive a complaint alleging that an applicant or licensee is unable to safely practice due to mental or physical illness, excluding substance use disorders. The three possibilities are: (1) the complaint is closed after review, with no public disclosure; (2) the individual is entered into the confidential monitoring program, with no public disclosure; or (3) formal disciplinary action against the individual is proposed, with the action being publicly disclosed. The proposed rules are as follows:

4731-28-02 Eligibility for confidential monitoring program

4731-28-03 Participation in the confidential monitoring program

4731-28-04 Disqualification from continued participation in the confidential monitoring program

4731-28-05 Termination of the participation agreement for the confidential monitoring program

 

Send comments to Sallie.Debolt@med.ohio.gov by Monday, May 1, 2017. 

Board Seeks Comments Regarding Proposed Acute Pain Rules

The Medical Board is accepting comments on proposed amendments to two existing rules and a proposed new rule that will limit initial opioid analgesic prescriptions for acute pain to 5 days for minors and 7 days for adults. The rules also include a 30MED average daily dose limit. 

(1) Rule 4731-11-01 Definitions Amended by adding definitions for acute pain, morphine equivalent dose, minor, extended-release or long-acting opioid analgesic, opioid analgesic, palliative care and terminal condition.

(2) Rule 4731-11-02 General Provisions Amended by adding a requirement that physicians and physician assistants must follow Rules 4729-5-30 and 4729-5-13, Ohio Administrative Code. This will include the requirement that prescriptions for controlled substances will need to include the diagnosis.

(3) New Rule 4731-11-13 Prescribing of opioid analgesics for acute pain

  • Limits prescriptions for opioid analgesics to treat acute pain to no more than a seven-day supply for adults and a five-day supply for minors. If the physician determines that the pain is expected to persist for longer than seven days, the physician may prescribe for a longer period, but the reason for exceeding the limits and for prescribing an opioid analgesic must be documented in the patient’s medical record.

  • Requires that the patient and the parent or guardian of a minor patient is advised of the benefits and risks of the opioid analgesic, including the potential for addiction.

  • Clarifies that the rule does not apply to the treatment of patients receiving hospice or palliative care, cancer and terminal illness, or medication assisted treatment for addiction.

​*These proposed rules do not apply to your chronic (long-term) pain patients.

 

Send comments to Sallie.Debolt@med.ohio.gov by Friday, April 28, 2017.