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Important Information

from the State Medical Board of Ohio

The Medical Board publishes new telemedicine FAQs

On July 14, 2021, the Medical Board approved new telemedicine FAQs. These FAQs provide guidance on telemedicine in Ohio and the Medical Board’s resumption of enforcement on September 17, 2021 of its laws and rules requiring in-person visits in certain situations. They can be found here

Agendas posted for July 2021 committee and board meetings

The State Medical Board of Ohio will livestream its commitee and board meeting. These open meetings will be shared publicly on the board's YouTube channel. The agenda can be found here.

July 14, 9:00 a.m. Compliance Committee

July 14, 10:00 a.m. Board Meeting 

Survey: Ohio's Health Care Professionals Well-being Survey

The Ohio Physicians Health Program (OPHP) is conducting a statewide COVID-19 well-being survey. The purpose of this study is to gather the perspectives of health care professionals on the types of services needed to support well-being and the infrastructure needed to provide easy accessibility. Your insight will not only benefit the current system of support for health care professionals, but also better equip Ohio for future crises.

OPHP provides an environment for health care professionals to receive confidential services to improve their health and well-being. Understanding the current status of stress, burnout, compassion fatigue, and physical exhaustion for health care professionals is critical. It is necessary to gain a better understanding of what types of supportive services are most desired and how to help those services be more accessible and less stigmatized. OPHP has partnered with the evaluation team at Mighty Crow to design this survey and analyze the results. This survey is being funded through a grant from the Federation of State Medical Boards.

Your input is greatly appreciated. Your answers will help better inform OPHP and its partners as they work to improve services for health care professional health and well-being. The survey will take approximately 10 minutes to complete.

Click here to start the survey. Please complete the survey by August 5. 

Ohio to enter into the Interstate Medical Licensure Compact

Senate Bill 6, signed into law by Governor DeWine on June 29, 2021, authorizes the State Medical Board of Ohio (SMBO) to enter into the Interstate Medical Licensure Compact. Ohio becomes the 35th state to become a member of the Compact. Physicians from any state with Compact membership, including Ohio, who meet the qualifications will be eligible for licensure in any other participating state. Senate Bill 6 gives the SMBO until September 29, 2022 to implement the system to begin processing and issuing licenses through this path.  

Please note, the Compact only includes the licensing of physicians with an MD or DO. Additionally, physicians who choose to obtain licensure through the Compact, whether as an Ohio physician who wants to practice outside of Ohio or as an out-of-state physician who wants to practice in Ohio, will have a licensure process different than the path currently followed by physicians seeking licensure in Ohio today. Out-of-state physicians can continue to seek licensure directly through the state of Ohio today and after implementation of the Compact.

The SMBO looks forward to working as part of the Compact to create an additional avenue for the licensing of physicians. We will keep you and your associations aware of our implementation plans as they develop over the next year. Those plans will include a ‘go live’ date for Ohio, as well as instructions on how to participate.

Additional information on the Interstate Medical Licensure Compact can be found here.

If you have additional questions, please email contact@med.ohio.gov.

Fraudulent prescription notice from Board of Pharmacy

Recently, Maximus, an IT vendor contracted with the Ohio Department of Medicaid became aware of a Maximus cybersecurity incident that potentially exposed Medicaid provider names, social security numbers, addresses, DEA registration numbers, and other information.

Please be advised that the Board of Pharmacy has already been notified by at least one hospital system of several fraudulent prescriptions issued in recent days. While these reports may be coincidental to the Maximus cybersecurity incident, providers are strongly encouraged to utilize the OARRS MyRx Report feature to identify any potential fraudulent prescriptions issued under their DEA registration. If a provider identifies a prescription that appears fraudulent, they should report this information to the DEA and local law enforcement.

For more information on running a MyRx Report, a short video tutorial can be accessed here.  

Reports to the DEA can be made using its online reporting tool: https://apps2.deadiversion.usdoj.gov/rxaor/spring/main?execution=e1s1

If you believe you were impacted by the Maximus cybersecurity incident, Maximus is offering providers, at no cost, 24 months of credit monitoring and other services from Experian. Contact Experian’s dedicated assistance line at (800) 357-0823, Monday to Friday between 9:00 AM-11:00 PM EDT and Saturday/Sunday 11:00 AM-8:00 PM EDT.

If you have additional questions, please contact Maximus at questions@maximus.com or visit the Maximus web page at https://maximus.com/questions.

Telemedicine Update

In response to the COVID-19 pandemic, the Medical Board temporarily suspended the enforcement of rules that require in-person visits and allowed providers to use telemedicine to safely treat patients.

On June 9, the board voted to resume enforcement of these rules and prioritize continuity of care for Ohio patients. Enforcement of these rules were to begin three months after the lifting of the state declaration of emergency.

Governor DeWine has announced that the state emergency order will be lifted on Friday, June 18. The board intends to resume enforcement of these rules on September 17, 2021.

The Medical Board will soon provide additional information and resources to clarify Ohio’s telemedicine requirements.

Request for comment on podiatric scope of practice

Comments due by 7/6/21

The State Medical Board of Ohio is seeking public comments on podiatric scope of practice to assist with its rule-making process.  

Under section 121.931,Ohio Revised Code, a party may petition an agency to restate a policy in a rule. In June 2019, the State Medical Board of Ohio considered a request from a podiatrist as to whether five specific procedures were within the scope of practice of a podiatrist.  The Board determined that four of the five procedures were within the scope of practice of a podiatrist. After the Board issued its determination on this issue, concerns were raised with respect to two of the specific procedures that were determined to be within the podiatric scope of practice: 

1.    Is it permissible for a podiatrist in Ohio to perform a supramalleolar osteotomy of the tibia or fibula to correct a deformity?
2.    Is it permissible for a podiatrist in Ohio to harvest bone marrow aspirate from the proximal tibia?

In May 2021, the State Medical Board appeared before the Joint Commission on Agency Rule Review (“JCARR”) for consideration as to whether the policy determination should be specified in a rule. Prior to receiving the determination from JCARR, the State Medical Board of Ohio decided to commence the rule-making process on this issue. Given the differences from the affected parties, the Board has decided to first solicit comments from interested parties to inform the rule-making process. 

These links provide copies of the Medical Board rules related to podiatric scope of practice (4731-20-01 and 4731-20-02) and the June 2019 communication regarding the specific procedures. 

Please provide any comments and supporting material that you would like the Medical Board to consider in drafting rules related to the above-listed specific procedures and whether they are within the scope of practice of a podiatrist.

Comments on the proposed rules must be received no later than July 6, 2021. Please provide comments to: Kimberly.Anderson@med.ohio.gov.

Three medical marijuana qualifying conditions approved

The State Medical Board of Ohio (SMBO) met virtually on June 9 and discussed the petitions to add six new qualifying conditions to the Ohio Medical Marijuana Control Program (OMMCP). After the discussion, the full board voted to accept 4 petitions and add Huntington’s disease, terminal illness (two petitions) and spasticity as qualifying conditions, effective immediately. The board also voted to reject the petitions for autism spectrum disorder, restless leg syndrome, panic disorder with agoraphobia and spasms. This brings the total number of qualifying conditions in the OMMCP to 25.

Under Ohio law, the following are qualifying medical conditions: AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cachexia, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, Huntington’s disease, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spasticity, spinal cord disease or injury, terminal illness, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis.

The next submission period is scheduled for Nov. 1 – Dec. 31, 2021.  Anyone may submit a petition requesting a condition be added to the OMMCP. If a condition has been previously rejected by the board, the new petition must contain new scientific information that supports the request. Details on the process can be found here.

Agendas posted for June 2021 Committee and Board Meetings

The State Medical Board of Ohio will livestream several meetings this week. These open meetings will be shared publicly on the board's YouTube channel.

June 8, 2:00 p.m. Respiratory Care Advisory Council agenda

June 9, 7:30 a.m. Finance Committee agenda

June 9, 8:15 a.m. FSMB Recommendations Review Committee agenda

June 9, 9:00 a.m. ICD-10 Code Data Review Committee agenda

June 9, 10:00 a.m. Board Meeting agenda

 

New CME requirement on the duty to report

As a licensee of the State Medical Board of Ohio, you have a statutory and ethical duty to report misconduct. You are obligated to report violations of law, rule and code of ethics standards to the Medical Board. Examples of misconduct include, but are not limited to, sexual misconduct, impairment, practice below the minimal standards of care, and improper prescribing of controlled substances. If you suspect or have observed inappropriate behavior by a health care professional or colleague, you should contact your local law enforcement immediately and file a complaint with the State Medical Board. Knowing a colleague is violating regulations and not reporting to the Medical Board not only puts patients at risk but also puts your license to practice in jeopardy. Licensees should not assume that by informing their supervisor their duty to report is fulfilled. Failure to report a colleague’s misconduct can result in fines of up to $20,000 and disciplinary action. Ohio law is clear when a licensee needs to report information directly to the Medical Board.

Effective May 31, 2021, MDs, DOs and DPMs are required to complete one hour of Continuing Medical Education (CME) prior to renewal on the topic of a licensee’s duty to report misconduct under section 4731.224 of the Revised Code. The enforcement of this requirement will commence with renewal applications submitted on or after July 1, 2021.

The board has created a one-hour course designed to educate physicians (MDs, DOs, DPMs) on the duty to report to the State Medical Board of Ohio. You are encouraged to read the Frequently Asked Questions and Tips and Technical Requirements on our website prior to watching the video. A certificate of completion will be provided for your records. At this time, you will need to take a screen shot of your certificate (please see the Tips and Technical Requirements document for more information). Your certificate will not include your name or have a date. You will also attest to the completion of the course at the time of your license renewal. As with all CME, records of completion should be kept in case of an audit (OAC 4731-10-08).

If the board discovers you failed to report a colleague’s misconduct, you may be disciplined by the board, up to and including permanent license revocation, and you may be ordered to pay fines up to $20,000. If you have observed inappropriate behavior or suspect another health care professional or colleague has crossed sexual boundaries with a patient, you should contact your local law enforcement immediately and file a complaint with the State Medical Board. 

To file a complaint you can visit med.ohio.gov, call the board’s confidential complaint hotline at 1-833-333-SMBO (7626) or visit elicense.ohio.gov. Remember, provisions in the Ohio Revised Code make all complaints received by the board confidential.

If you have licensing or CME questions, please email license@med.ohio.gov.