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Important Information

from the State Medical Board of Ohio

Notice of June 5, 2019 Rules Hearing

A public hearing on proposed rules will be conducted on June 5, 2019, at 1:30 p.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 June 5, 2019 Public Hearing

 

Massage therapy

4731-1-05 Scope of practice: massage therapy – To be amended

4731-1-24 Massage therapy renewal and continuing education – New rule

 

Notice of Medical Board meetings

4731-7-01 Method of notice of meetings – To be amended

 

Anesthesiologist assistants

4731-24-05 Military provisions related to certificate to practice as an anesthesiologist assistant – To be amended, but only by changing the referenced implementing and authorizing statutes

 

New Rules Effective May 31, 2019

There are rule changes that have been adopted by the Medical Board and are effective on May 31, 2019.

 

Amended Rules

4731-1-17: Instructional Staff in Ohio Cosmetic Therapy and Massage Therapy Programs

4731-27-02: Dismissing a Patient from the Medical Practice

4731-27-03: Notice of Termination of Physician Employment or physician Leaving a Practice, Selling a Practice, or Retiring from the Practice of Medicine

 

Rescinded Rule

4761-11-03: Board Imposition of Penalties

 

Special Meeting May 23, 2019

The State Medical Board of Ohio has voted to waive its confidentiality interest in the investigative materials involving Richard Strauss, M.D. with protections for individuals who have not waived their confidentiality interests. This vote allows OSU to unredact information from the university’s report if they are able to obtain waivers of confidentiality from each entity that was involved with the Medical Board investigation

 

Under the case law interpreting Ohio Revised Code 4731.22(F)(5), several parties have confidentiality rights in the board’s investigative files, and each must waive confidentiality before their portion of the materials can be made public. Entities involved include:

• Medical Board

• Complainant

• Witnesses

• Patients/victims

• Doctors/licensees

 

This confidentiality law protects sensitive patient information from being inappropriately released to the public. However, investigative information protected under section 4731.22(F)(5) may be released to another governmental agency only if that agency is conducting an investigation of a violation of laws and rules.

 

In December 2018, the State Medical Board of Ohio provided all of its investigation files regarding Richard Strauss, M.D. to Ohio State University as a governmental agency conducting an investigation of a violation of laws and rules. The investigative file provided to Ohio State University was unredacted, with the exception of any social security numbers included in the file.

 

The statute requires that the governmental agency in receipt of the board’s investigative materials must keep the information confidential in the same manner as the Medical Board is required to do. Ohio State indicated that some individuals with a confidentiality interest have waived that interest and asked the Medical Board to consider waiving its confidentiality interest as well. During the May 23 special meeting, the Medical Board agreed to the waiver and urged Ohio State to use this opportunity to release additional information redacted from its investigation report.

 

Holiday Closure in Honor of Memorial Day

The Medical Board’s office will be closed on Monday, May 27, 2019 in honor of Memorial Day. The office will reopen on Tuesday at 8 a.m.

Medical Board Accepting Applications for Consumer Seat on Dietetics Advisory Council

The State Medical Board of Ohio is pleased to announce that it is accepting applications to fill the consumer seat on the Dietetics Advisory Council. The Board appoints the Dietetics Advisory Council to advise the board on issues relating to the practice of dietetics.

The statutory requirement for that seat is that the consumer member not be affiliated with any health care profession. The consumer member shall be appointed to represent the interest of the consumers. 

The Dietetics Advisory Council shall meet at least four times each year. The appointment to fill the unexpired term of the consumer seat will require a commitment until April 2020 which would entail attendance at approximately 3 quarterly meetings which generally run for 1-2 hours once a quarter in Columbus. At the end of the term, there will be an opportunity to apply for a new 3-year term. Members of the council are reimbursed for actual and necessary expenses associated with travel to Columbus for the meetings.

At council meetings, members of the council discuss issues relating to the practice of dietetics in Ohio, and the council may submit recommendations to the Medical Board in the following areas: 

(1) Requirements for issuing a license to practice as a dietetics professional or as a limited permit holder, including the educational and experience requirements that must be met to receive the license or permit;

(2) Existing and proposed rules pertaining to the practice of dietetics and the administration and enforcement of this chapter;

(3) Standards for the approval of educational programs required to qualify for licensure and continuing education programs for licensure renewal;

(4) Policies related to the issuance and renewal of licenses and limited permits;

(5) Fees for the issuance and renewal of a license to practice dietetics as a licensee or as a limited permit holder;

(6) Standards of practice and ethical conduct in the practice of dietetics;

(7) The safe and effective practice of dietetics, including scope of practice and minimal standards of care.    

 

If you are interested in serving as the consumer member of the council, please submit an application by email to Donald.Davis@med.ohio.gov by May 30, 2019.

 

 

Adding Additional Qualifying Conditions to Ohio's Medical Marijuana Control Program

The State Medical Board of Ohio is one step closer to adding new qualifying conditions to the Ohio Medical Marijuana Control Program (OMMCP). During the May 8 meeting, the Medical Marijuana Expert Review committee completed its review of expert reports. Click here to view the experts' reports.

 

It will suggest to the full Medical Board that autism spectrum disorder and anxiety should be added as qualifying conditions and that depression, insomnia and opioid use disorder be rejected.

 

After considering the committee’s recommendations, the full Medical Board will vote to accept or reject the petitions for the five additional conditions at next month’s board meeting on Wednesday, June 12. The board meeting will be held at 10 a.m. in the Administrative Hearing Room on the 3rd floor of the Rhodes Office Tower, 30 East Broad Street, Columbus, Ohio. If approved, additions to the qualifying conditions will be added to the Ohio Administrative Code and updated on medicalmarijuana.ohio.gov.

 

Under Ohio law, all of the following are already identified as qualifying medical conditions: AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, 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, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis. These conditions were established by lawmakers in HB523. The legislation also tasked the Medical Board with adding additional conditions.

 

The State Medical Board of Ohio established Nov. 1, 2018 – Dec. 31, 2018 as the first submission period for petitions to add a qualifying medical condition to the Medical Marijuana Control 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):

  1. The name and contact information

  2. Specific disease or condition requested to be added

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

  4. Relevant medical or scientific evidence

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

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

  7. Letters of support provided by physicians

 

The Medical Board received 110 total petitions. On Wednesday, January 9, 2019 the Medical Board’s Medical Marijuana Expert Review Committee met and voted to reject petitions that don’t meet requirements and confirm petitions that should move forward for expert review.

 

Petitions which met the requirements proceeded and were reviewed by subject matter experts. These experts included physicians who specialize in the named conditions, experts who have experience with medical marijuana programs in other states, etc. Petitions for the same condition were combined for the reviews.

 

The next condition petition window will be Nov. 1 – Dec. 31, 2019.

 

May 2019 eNews

The May 2019 issue of the Medical Board's eNews is available. Here are the highlights:

  • New MAT rules effective April 30

  • New genetic counselor rules effective April 30

  • Proposed rules and comment deadlines

  • Upcoming hearings

  • 2019 J-1 Waiver Program Application Cycle now open

  • July 1 renewal reminder

  • Drug Trend Report from OSAM

  • Ohio's Medical Marijuana Control Program update

  • Cosmetic therapy exam

  • MBLEx fee to increase

  • Office closure May 27

 

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National Rx Drug Take Back Day This Saturday

Saturday, April 27

10AM - 2PM

 

According to results from the 2017 National Survey on Drug Use and Health, an estimated 2 million Americans misused prescription pain relievers for the first time within the past year, which averages to approximately 5,480 people per day. The study also shows that a majority of abused prescription drugs were obtained from family and friends, often from the home medicine cabinet. By reducing the availability of these unused medications through proper disposal, the fewer drugs there are to be misused, and fewer people will be at risk for abuse, addiction, overdose and even death.

 

The DEAs National Prescription Drug Take Back Day aims to provide a safe, convenient and responsible means of disposing of prescription drugs. If you have unwanted or expired Rx meds, you can find collection sites throughout Ohio: http://bit.ly/2I4lNVe

Notice of May 13, 2019 Rules Hearing

A public hearing on proposed rules will be held on May 13, at 1:30 p.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 May 13, 2019 Public Hearing

 

Surgical standards

4731-18-01 Standards for surgery - To be rescinded

4731-25-08 Standards for surgery - To be adopted as a new rule

 

Physician licensure

4731-6-01 Definitions - To be rescinded and adopted as a new rule with amendments

4731-6-02 Preliminary education for medical and osteopathic licensure - To be rescinded and adopted as a new rule with amendments

4731-6-03 Eligibility for the medical and osteopathic examination - To be rescinded

4731-6-05 Format of medical and osteopathic examination - To be rescinded and adopted as a new rule with amendments

4731-6-07 Passing average on examination - To be rescinded

4731-6-10 Clinical competency examination - To be rescinded

4731-6-14 Eligibility for licensure by examination - To be rescinded and adopted as a new rule with amendments

4731-6-15 Eligibility for licensure of national board diplomates and medical council of Canada licentiates - To be rescinded and adopted as a new rule with amendments

4731-6-16 Eligibility for medical or osteopathic licensure by endorsement of licenses granted by other states - To be rescinded

4731-6-21 Application procedures for certificate issuance; investigation - To be rescinded and adopted as a new rule with amendments

4731-6-22 Abandonment and withdrawal of medical and osteopathic licensure applications - To be amended

4731-6-30 Training certificates - To be rescinded and adopted as a new rule with amendments

4731-6-31 Limited preexamination registration and limited certification - To be rescinded and adopted as a new rule with amendments

4731-6-32 Clinical research faculty certificates - To be rescinded

4731-6-33 Special activity certificates - To be rescinded and adopted as a new rule with amendments

4731-6-34 Volunteer certificates - To be rescinded and adopted as a new rule with amendments

4731-6-35 Processing applications from service members, veterans, or spouses of service members or veterans -To be amended 

 

Anesthesiologist assistant rules

4731-24-01 Definitions - To be rescinded and adopted as a new rule with amendments

4731-24-02 Anesthesiologist assistants: supervision - To be rescinded and adopted as a new rule with amendments

4731-24-03 Anesthesiologist assistants: enhanced supervision - To be rescinded and adopted a new rule with amendments

 

Limited branch of medicine practitioners

4731-1-02 Application of rules governing limited branches of medicine - To be amended

 

Licensees who receive a controlled substance for treatment of opioid dependence

4731-16-16 Practice prohibition - To be rescinded

 

Assessing and granting clearance for return to practice or competition after a concussion

4731-31-01 Requirements for assessing and granting clearance for return to practice and competition - To be amended

 

Physicians who prescribe a drug to be administered by a pharmacist by injection

4731-34-01 Standards and procedures to be followed by physicians when prescribing a dangerous drug that may be administered by a pharmacist by injection - To be adopted as a new rule

 

Newly Adopted Rules Effective 4/30/19

There are new rules that have been adopted by the Medical Board that are effective on April 30, 2019:

 

Medication-assisted Treatment Rules

Physician Assistant Rules (Chapter 4730-4, OAC)

Physician Rules (Chapter 4731-33, OAC)

 

Genetic Counselor Rules

Genetic Counselor Rules (Chapters 4778-1 and 4778-2, OAC)