Ohio Administrative Code
Title 4731 - State Medical Board
Chapter 4731-15 - Reporting Requirements
Section 4731-15-01 - Licensee reporting requirement; exceptions
Universal Citation: OH Admin Code 4731-15-01
Current through all regulations passed and filed through September 16, 2024
(A) As used in this chapter of the Administrative Code:
(1)
"The board" means the state medical board of
Ohio;
(2)
"Confidential monitoring program" means a confidential
non-disciplinary program for the evaluation and treatment of practitioners and
applicants who are, or may be impaired under sections
4731.25 to
4731.255 of the Revised
Code.
(3)
"Impaired" or "Impairment" has the same meaning as used
in division (A)(2)(a) to (A)(2)(b) of section
4731.25(A)(2)(a) and
(b) of the Revised Code. Impairment includes
inability to practice in accordance with such standards without appropriate
treatment, monitoring, or supervision.
(4)
"Monitoring
organization" means an entity that meets the requirements of division (B) of
section 4731.25 of the Revised Code and
enters into a contract with the board for the operation of the confidential
monitoring program for impaired practitioners and applicants, review and
approval of evaluators and treatment providers in section
4731.251 of the Revised Code,
and assists the board with monitoring impaired practitioners who are subject to
formal disciplinary action by the board under divison (C) of section
4731.251(C) of
the Revised Code.
(5)
"Licensee" means any of the following:
(a)
An individual
authorized under Chapter 4730. of the Revised Code to practice as a physician
assistant;
(b)
An individual authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery, osteopathic medicine and
surgery, podiatric medicine and surgery, or a limited branch of
medicine;
(c)
An individual authorized under Capter 4759. of the
Revised Code to practice as a dietitian;
(d)
An individual
authorized under Chapter 4760. of the Revised Code to practice as an
anesthesiologist assistant;
(e)
An individual
authorized under Chapter 4761. of the Revised Code to practice respiratory
care;
(f)
An individual licensed under Chapter 4762. of the
Revised Code to practice as an acupuncturist;
(g)
An individual
licensed under Chapter 4774. of the Revised Code to practice as a radiologist
assistant; or
(h)
An individual licensed under Chapter 4778. of the
Revised Code to practice as a genetic counselor.
(6)
"Duty to report"
includes the obligation to report violations of laws and rules under section
4730.32 of the Revised Code,
section 4731.224 of the Revised Code,
section 4759.13 of the Revised Code,
section 4760.16 of the Revised Code,
section 4761.19 of the Revised Code,
section 4762.16 of the Revised Code,
section 4774.16 of the Revised Code,
section 4778.17 of the Revised Code and
this chapter of the Administrative Code.
(7)
"Malpractice
reporting statutes" includes the obligation to report malpractice payments
under division (D) of section
4730.32 of the Revised Code,
division (D) of section
4731.224 of the Revised Code,
division (D) of section
4760.16 of the Revised Code,
division (D) of section
4762.16 of the Revised Code, and
division (D) of section
4774.16 of the Revised
Code.
(B) Licensees of the board shall be required to report as listed below, subject to paragraph (C) of this rule:
(1)
Any individual
licensed under Chapter 4731. of the Revised Code or any association or society
of individuals licensed under Chapter 4731. of the Revised Code shall report to
the board a belief that a violation of Chapter 4730., Chapter 4731., Chapter
4759., Chapter 4760., Chapter 4761., Chapter 4762., Chapter 4774., or Chapter
4778. of the Revised Code, or any rule of the board has
occurred.
(2)
Any physician assistant or any association or society
of physician assistants shall report to the board a belief that a violation of
Chapter 4730. or 4731. of the Revised Code, or any rule of the board has
occurred.
(3)
Any dietitian or any association or society of
dietitians shall report to the board a belief that a violation of Chapter 4731.
or Chapter 4759. of the Revised Code, or any rule of the board has
occurred.
(4)
Any anesthesiologist assistant or any association or
society of anesthesiologist assistants shall report to the board a belief that
a violation of Chapter 4731. or 4760. of the Revised Code, or any rule of the
board has occurred.
(5)
Any respiratory care professional or any association or
society of respiratory care professionals shall report to the board a belief
that a violation of Chapter 4731. or 4761. of the Revised Code, or any rule of
the board has occurred.
(6)
Any acupuncturist or any association or society of
acupuncturists shall report to the board a belief that a violation of Chapter
4731. or 4762. of the Revised Code, or any rule of the board has
occurred.
(7)
Any radiologist assistant or any association of
radiologist assistants shall report to the board a belief that a violation of
Chapter 4731. or 4774. of the Revised Code, or any rule of the board has
occurred.
(8)
Any genetic counselor or any association of genetic
counselors shall report to the board a belief that a violation of Chapter 4731.
or 4778. of the Revised Code or any rule of the board has
occurred.
(C) An individual, association or society shall be relieved of the obligation to report under paragraph (B) of this rule if one of the following requirements is met:
(1)
The individual or organization is an approved treatment
provider under section
4731.251 of the Revised Code, or
the individual is an employee, agent, or representative of an approved
treatment provider, and
(a)
The licensee or applicant has been referred to the
monitoring organization that conducts the confidential monitoring
program;
(b)
The licensee or applicant cooperates with the
requirements of the confidential monitoring program and the treatment plan;
and
(c)
There is no reason to believe that the licensee has
violated any provision of Chapter 4730., Chapter 4731., Chapter 4759., Chapter
4760., Chapter 4761., Chapter 4762, Chapter 4774., or Chapter 4778. of the
Revised Code or any rule of the board other than impairment of ability to
practice.
(2)
The individual is a member of an impaired practitioner
committee, or the equivalent, established by a hospital or its medical staff,
or is a representative or agent of a committee or program sponsored by a
professional association of individuals licensed under Chapter 4731. of the
Revised Code to provide peer assistance to impaired practitioners, and
(a)
The practitioner
has been referred to the monitoring organization that conducts the confidential
monitoring program under section
4731.25 of the Revised
Code;
(b)
The practitioner co-operates with requirements of the
confidential monitoring program; and
(c)
There is no
reason to believe that the practitioner has violated any provision of Chapter
4730., Chapter 4731., Chapter 4759., Chapter 4760., Chapter 4761., Chapter
4762., Chapter 4774., or Chapter 4778. of the Revised Code, or any rule of the
board, other than impairment of ability to practice.
(3)
The individual
reasonably believes all of the following:
(a)
The practitioner
has been referred to the monitoring organization that conducts the monitoring
program under section
4731.25 of the Revised
Code;
(b)
The practitioner co-operates with the requirements of
the confidential monitoring program; and
(c)
There is no
reason to believe that the practitioner has violated any provision of Chapter
4730., Chapter 4731., Chapter 4759., Chapter 4760., Chapter 4761., Chapter
4762., Chapter 4774., or Chapter 4778. of the Revised Code, or any rule of the
board, other than impairment of ability to practice pursuant to division (A)(2)
of section 4731.25 of the Revised
Code.
(4)
The individual is a member of a review committee
described in section 2305.25 of the Revised Code and
the sole source for the belief that a violation has occurred is derived from
evidence or other matters produced or presented during the proceedings of such
committee.
(5)
The individual is otherwise prohibited from reporting
to the board by a superseding state or federal law.
(D) For purposes of section 4730.32, section 4731.224, section 4759.13, section 4760.16, section 4761.19, section 4762.16, section 4774.16, or section 4778.17 of the Revised Code, and this rule, "reason to believe" or "belief" does not require absolute certainty or complete unquestioning acceptance, but only an opinion that a violation may have occurred based upon firsthand knowledge or reliable information.
(E) Any report required under paragraph (B) of this rule shall be made to the board within forty-eight hours. Reporting of any belief that a violation has occurred to a review committee as described in section 2305.251 of the Revised Code or any entity other than the board does not discharge the duty or obligation to report to the board. In cases where the secretary and supervising member determined that peer review is being conducted by a review committee as described in section 2305.251 of the Revised Code for purposes of denying, determining, changing, or modifying the scope of the licensee's clinical privileges, they may defer further investigation by the board while awaiting the outcome of that peer review. An individual, association, or society making a report of a violation of law or rule may remain anonymous by complying with all of the following actions:
(1)
The individual,
association, or society shall request and shall be assigned a confidential
identifying number by the board.
(2)
The individual,
association, or society shall be responsible for notifying the board that he or
she is a licensee or is an association or society of licensees and shall be
responsible for maintaining the confidential identifying number in order to
verify compliance with the reporting obligations of section
4730.32 of the Revised Code,
section 4731.224 of the Revised Code,
section 4759.13 of the Revised Code,
section 4760.16 of the Revised Code,
section 4761.19 of the Revised Code,
section 4762.16 of the Revised Code, or
section 4774.16 or section
4778.17 of the Revised Code and
this chapter.
(F) Each report pursuant to this rule shall include:
(1)
The name of the
practitioner or other individual in violation;
(2)
The violation
which is believed to have occurred; and
(3)
The date(s) of
and place(s) of occurrence(s), if known.
Replaces: 4731-15-01
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