April 27,
2017 10570 10570 
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
April 20,
2017 10412 10412
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
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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.
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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.
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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.