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Important Information

from the State Medical Board of Ohio

February 2022 eNews

The February issue of the Medical Board's eNews is available here:

  • telehealth update

  • seeking comment on proposed rules

  • newly adopted rules effective 1/31/22

  • Medical Board considering new qualifying conditions

  • subject matter expert wanted to review medical marijuana petitions

  • BWCs virtual medical & health symposium

  • physician reviewers wanted

  • board seeks subject matter experts

  • death certificates

  • COVID-19 resources

  • upcoming office closure

Request for comment on Telehealth rules

The State Medical Board of Ohio seeks public input on proposed rules several times during the rule-making process. Public input is sought after the Medical Board has conducted its initial review of rules, after rules are filed with the Common Sense Initiative Office, and at the public hearing that occurs after the rules are formally filed with the Joint Committee on Agency Rule Review.

The Medical Board’s initial review of rules may result in a proposal to amend current rules, rescind current rules, make no changes to current rules, and/or adopt new rules.  Comments received will be reviewed and possibly result in changes to the initially proposed language before the rules are then filed with the Common Sense Initiative Office. 

At this time, public comment is being sought on the proposed language for the following rules. The rules title is a link to the rule(s) and a memo explaining the proposed action.

Telehealth Rules

4731-37-01 Telehealth Proposed New Rule

4731-11-09 Controlled substance and telehealth prescribing Proposed New Rule        

4731-11-09 Prescribing to persons not seen by the physician Propose to Rescind

4730-1-07 Miscellaneous provisions Propose to Amend

4730-2-07 Standards for prescribing Propose to Amend

4759-11-01 Miscellaneous provisions Propose to Amend

4761-15-01 Miscellaneous provisions Propose to Amend

4778-1-06 Miscellaneous provisions Propose to Amend

 

Deadline for submitting comments: March 1, 2022

Comments to: Nathan Smith, State Medical Board of Ohio, Nathan.Smith@med.ohio.gov

 

Request for comment on review of controlled substance prescribing rules

The State Medical Board of Ohio seeks public input on proposed rules several times during the rule-making process. Public input is sought after the Medical Board has conducted its initial review of rules, after rules are filed with the Common Sense Initiative Office, and at the public hearing that occurs after the rules are formally filed with the Joint Committee on Agency Rule Review.

The Medical Board’s initial review of rules may result in a proposal to amend current rules, rescind current rules, make no changes to current rules, and/or adopt new rules. Comments received will be reviewed and possibly result in changes to the initially proposed language before the rules are then filed with the Common Sense Initiative Office. 

At this time, public comment is being sought on the proposed language for the following rules. The rules title is a link to the rule(s) and a memo explaining the proposed action.

Controlled Substance Prescribing

4731-11-03 Utilization of anabolic steroids, schedule II controlled substance cocaine hydrochloride, and schedule II controlled substance stimulants Propose to Amend

4731-11-04 Controlled substances: Utilization of short term anorexiants for weight reduction Propose to Rescind

4731-11-04 Controlled substances for the treatment of obesity Proposed New Rule

4731-11-04.1   Controlled substances: Utilization for chronic weight management Propose to Rescind

Deadline for submitting comments: March 1, 2022

Comments to: Kimberly Anderson, State Medical Board of Ohio, Kimberly.Anderson@med.ohio.gov

Medical Board considers new qualifying conditions

To inform whether they should be added as qualifying conditions for Ohio’s Medical Marijuana Control Program, the State Medical Board of Ohio determined the following conditions will move forward for expert review and public comment:

  • Opioid use disorder (2 petitions)

  • Autism spectrum disorder

Written public comment on these conditions will be accepted February 10 – February 25, 2022. Anyone may submit their comments by emailing MedicalMarijuana@med.ohio.gov.

 Petition Process

On Wednesday, February 9, 2022, the board’s Medical Marijuana Committee met to review recently submitted petitions that asked the board to add to the list of conditions that can qualify patients to participate in Ohio’s Medical Marijuana Program. During the submission period, petitions were filed electronically through the state’s website, medicalmarijuana.ohio.gov. A petition needed to include (per Ohio Administrative Code 4731-32-05):

  • The name and contact information

  • Specific disease or condition requested to be added

  • Information from experts who specialize in the study of the disease or condition

  • Relevant medical or scientific evidence

  • Consideration of whether conventional medical therapies are insufficient to treat or alleviate the disease or condition

  • Evidence supporting the use of medical marijuana to treat or alleviate the disease or condition and other types of medical or scientific documentation

  • Letters of support provided by physicians

 The Medical Board received 9 petitions from November 1- December 31, 2021.

4 petitions failed to meet the statutory and rule requirements for consideration by the board. These petitions were recommended for rejection by the committee.  The full board will consider the rejection recommendations at the March 9 meeting.

2 petitions failed to meet the statutory and rule requirements for consideration by the board. However, these petitions either explicitly petitioned for a condition already covered, or the petition was for a condition closely associated with a condition already covered. During the February 9 meeting, the board’s Medical Marijuana Committee determined that the petitions submitted for degenerative disc disease/chronic pain/PTSD and lupus (when pain is present) were already covered by the existing qualifying condition of pain that is either chronic or intractable.

The petitions for opioid use disorder and autism spectrum disorder will move forward for expert review since the board determined they met the requirements of new scientific information outlined in Ohio Administrative Code 4731-32-05. Petitions for autism and opioid use disorder were rejected by the board in 2019, 2020, and 2021.

Next Steps

For those petitions moving forward to expert review and public comment, the experts may include physicians who specialize in the named conditions, experts who have experience with medical marijuana programs in other states, etc. Petitions for the same condition will be combined for the reviews.

The committee will review the subject matter experts’ reports, and then make a recommendation to the full board for a vote to adopt/deny the petition to add the qualifying conditions. That full board vote is expected this summer.

The Medical Board’s rules (Ohio Administrative Code) for the qualifying conditions can be found here: http://codes.ohio.gov/oac/4731-32-05.

The next condition petition window will be November 1 – December 31, 2022.

Agendas posted for February 2022 Meetings

The State Medical Board of Ohio has several public meetings scheduled this week.

Monday, February 7

The Massage Therapy Advisory Council is meeting in person at 2:00 p.m. The agenda can be found here.


Wednesday, February 9

The following meetings will be shared on the board's YouTube channel. The agendas can be found here.

9:00 a.m. Compliance Committee

9:30 a.m. Finance Committee

10:00 a.m. Board Meeting

Immediately following the Board Meeting - Medical Marijuana Expert Review Committee

January 2022 eNews

The January issue of the Medical Board's eNews is available here:

  • Proposed rules for licenses issued under the Interstate Medical Licensure Compact (IMLC)

  • newly adopted rules effective 1/31/22

  • nine medical marijuana petitions received

  • subject matter expert wanted to review medical marijuana petitions

  • IMLC update

  • duty to report obligation

  • licensee obligation to complete death certificates

  • ICD-10 Code reminder

  • COVID-19 resources

  • board seeks subject matter experts

  • upcoming office closure

Agendas posted for January committee and board meetings

The State Medical Board of Ohio will livestream its committee and board meetings on Wednesday, January 12. These open meetings will be shared on the board's YouTube channel. The agendas can be found here.

7:30 a.m. Finance Committee

8:00 a.m. Quality Assurance Committee

9:00 a.m. Compliance Committee

10:00 a.m. Board Meeting

Nine Medical Marijuana Petitions Received

The Medical Board received nine petitions for potential new qualifying conditions during the 2021 petition window. The Medical Board’s Medical Marijuana Committee is anticipated to meet February 9. At that meeting, the committee will decide which petitions will be considered. A final vote on new qualifying conditions is expected this summer.

Condition names as listed by the petitioners:

  1. Gilbert’s Disease

  2. Anxiety

  3. Degenerative Disk Disease, Chronic pain, PTSD

  4. Bi polar, Anxiety, Depression, Sleep Disorder

  5. Opioid Use Disorder (OUD)

  6. Insomnia

  7. Lupus

  8. Opioid Use Disorder

  9. Autism Spectrum Disorder

During the submission period (November 1, 2021 - December 31, 2021), petitions were filed electronically through the state’s website, medicalmarijuana.ohio.gov. Per Ohio Administrative Code 4731-32-05, a petition needs to include:

  • The name and contact information

  • Specific disease or condition requested to be added

  • Information from experts who specialize in the study of the disease or condition

  • Relevant medical or scientific evidence

  • Consideration of whether conventional medical therapies are insufficient to treat or alleviate the disease or condition

  • Evidence supporting the use of medical marijuana to treat or alleviate the disease or condition and other types of medical or scientific documentation

  • Letters of support provided by physicians

Petitions that meet the requirements of OAC 4731-32-05 will proceed and be reviewed by subject matter experts. Petitions submitted for the same condition will be combined for the reviews. Any petition for a condition that has been previously reviewed by the board and rejected will not be considered by the board unless new scientific research that supports the request is offered.

The board’s committee will review the expert reports and then make a recommendation to the full board for a vote to adopt/deny a petition to add the qualifying condition under review. A full board vote is expected in summer 2022.

The Medical Board’s rules (Ohio Administrative Code) for the qualifying conditions can be found here: http://codes.ohio.-gov/oac/4731-32-05.

The next condition petition window is scheduled for November 1 – December 31, 2022.

December 2021 eNews

The December issue of the Medical Board's eNews is available

  • proposed rules for approval of licensure applications

  • newly adopted rules

  • health alert

  • petition period open to add new medical marijuana qualifying conditions

  • IMLC update

  • duty to report obligation

  • ICD-10 Code reminder

  • COVID-19 resources

  • licensee obligation to complete death certificates

  • board seeks subject matter experts in family medicine, internal medicine and pain management

  • office closure

New rules effective 12/31/21

The maintenance of list of disqualifying criminal offenses rule was adopted by the board at its meeting on September 8 and PA consult agreements rules were adopted by the board on December 8. Both are effective on December 31.