August 2019 Newsletter from the State Medical Board of Ohio
 

med.ohio.gov
eLicense.ohio.gov
August 2019 Newsletter

Medical Board Adopts New Confidential One-bite Program
The One-bite program is a confidential monitoring program now available for Medical Board licensees.

Through this program, licensees who seek treatment for a substance use disorder may do so confidentially. The One-bite program is conducted by the Ohio Physicians Health Program (OPHP) and enables licensees to receive treatment without disclosing their name or records to the Medical Board unless certain conditions exist.

To qualify, licensees must meet all three requirements:

  1. Be diagnosed with substance use disorder and impaired in ability to practice
  2. Be a first-time participant in the program, and
  3. Have no prior disciplinary action for substance use disorder or impairment by any licensing board in Ohio.

If you think you may qualify for the One-bite program or know a colleague in need of help, please contact the Ohio Physicians Health Program at (614) 841-9690 or  info@ophp.org.

For more information, see Ohio Revised Code  4731.251 and 4732.252 and Ohio Administrative Code  4731-16-17 – 4731-16-21.

Alert! Licensees should be on alert for a scam that has been reported in targeting Ohio physicians. During the reported incident, the scammer calls the physician’s office and says they are being investigated by the DEA for inappropriate prescribing and their license will be revoked if they do not agree to pay a fine immediately via phone or fax. In one such incident, the scammer even faxed a fraudulent document to the physician using the State Medical Board logo (see below). Medical Board investigators have alerted our partners at the DEA of this scam and those agents will also be on alert. If you are contacted, please report the incident to local law enforcement and the Medical Board investigations division by calling 614-466-3934.

 

Please be aware that if the State Medical Board of Ohio is truly conducting an investigation and a licensee is facing action against their license, they will receive an official notice of opportunity for a hearing via certified mail or by personal service. Further, information on all suspensions of Medical Board licenses and the payment of all Medical Board fines can be found via the official state website,  eLicense.ohio.gov.

Example of the fraudulent letter:
 

Annual Report for FY 2019
The board's 2019 annual report provides an overview of the Medical Board executing its mission to protect and enhance the health and safety of the public through its goals. 

 

Primary Care Providers: Cancer Survivorship E-learning Series

The Cancer Survivorship E-learning Series is a continuing education program offered at no-cost to primary care providers (PCPs). It provides access to a forum to educate patients that are cancer survivors. PCPs can learn how to better understand the needs of cancer survivors and deliver clinical follow-up care through a series of ten, self-paced online modules. Participants will need approximately 60 minutes to complete each module.

The George Washington University School of Medicine and Health Sciences designates this material for a maximum of 10.0 AMA PRA Category 1 Credit(s)™. Physicians may claim AMA PRA Category 1 Credit™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Senate Bill 57 Legalizes Hemp
Recent updates to state law (SB 57) changed the definition of marijuana in Ohio. Hemp and hemp products such as CBD oil, containing no more than three-tenths of a percent (0.3%) THC, are no longer considered to be marijuana in Ohio and are therefore legal to use outside of the medical marijuana program.

 

A physician, physician assistant, or massage therapist, acting within their scope of practice may apply CBD oil as a topical application if it has less than 0.3% THC. Similarly, hemp products can now be sold outside of a licensed medical marijuana dispensary. Please see more information from the Ohio Department of Agriculture, who is tasked with establishing Ohio’s Hemp Cultivation and Processing Program.

 

Medical Board licensees should also consider consulting with private legal counsel about the ramifications of the FDA’s caution against making unsubstantiated medical claims in the selling of hemp products such as CBD oil. See the FDA statement on the Agriculture Improvement Act at the following link: https://www.fda.gov/news-events/press-announcements/statement-fda-commissioner-scott-gottlieb-md-signing-agriculture-improvement-act-and-agencys.

New Rules Effective July 31
Limited Branches of Medicine
4731-1-02 Application of rules governing limited branches of medicine

Physician Licensure

4731-6-01 Definitions

4731-6-02 Preliminary education for medical and osteopathic licensure

4731-6-03 Eligibility for the medical and osteopathic examination

4731-6-05 Format of medical and osteopathic examination
4731-6-07 Passing average on examination – Rescinded

4731-6-10 Clinical competency examination – Rescinded
4731-6-14 Eligibility for licensure by examination
4731-6-15 Eligibility for licensure of national board diplomates and medical council of Canada licentiates
4731-6-16 Eligibility for medical or osteopathic licensure by endorsement of licenses granted by other states – Rescinded
4731-6-21 Application procedures for certificate issuance; investigation
4731-6-22 Abandonment and withdrawal of medical and osteopathic licensure applications
4731-6-30 Training certificates
4731-6-31 Limited preexamination registration and limited certification
4731-6-32 Clinical research faculty certificates – Rescinded 

4731-6-33 Special activity certificates 

4731-6-34 Volunteer certificates 

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

Notice of Medical Board Meetings
4731-7-01 Method of notice of meetings

Anesthesiologist Assistants

4731-24-01 Definitions

4731-24-02 Anesthesiologist assistants: supervision

4731-24-03 Anesthesiologist assistants: enhanced supervision

4731-24-05 Military provisions related to certificate to practice as an anesthesiologist assistant

Standards and Procedures for Physician Prescribing When the Drug May be Administered by a Pharmacist

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

Public Hearing on August 9 

A public hearing on proposed rules for the Cosmetic Therapy exam, Cosmetic Therapy continuing education requirements, and criminal records check requirements for all applicants will be held on August 9 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.

Launch of Health News Ohio
The Medical Board’s new quarterly magazine, Health News Ohio, debuted in July.
The Summer 2019 issue features what Ohio's health care providers need to know about medical marijuana, understanding the complaint process at the board, how to prescribe opioids for subacute and chronic pain within the new rules, improving health outcomes through cultural competency and physicians and dietitians collaborating to address oncology nutrition therapy.
ohio medical marijuana control program update

 

Product Recall

The Ohio Medical Marijuana Control Program has issued an alert to patients that all “Standard Drops” manufactured by Standard Wellness are temporarily unavailable for dispensation pending further investigation. The company that made the drops issued a voluntary recall after reports of debris being found in the drop solution. Some reports of adverse effects have been reported to the OMMCP. They are communicating with patients as necessary. If patients have any concerns, they may return any unused product to the dispensary where purchased. Returned products will not count toward a patient’s 90-day possession limit. For more information on returns, please contact the dispensary where the product was purchased. Patients can report adverse effects by contacting the OMMCP Toll-Free Helpline at 1-833-4OH-MMCP (1-833-464-6627).

 

Qualifying Conditions Update 

The State Medical Board of Ohio’s Medical Marijuana Expert Review Committee plans to meet August 14 to further discuss autism spectrum disorder and anxiety as additional qualifying conditions. The board could then vote as early as September 11 to add or reject the conditions. If approved, these additions to the qualifying conditions will be added to the Ohio Administrative Code and updated on  medicalmarijuana.ohio.gov

 

By the Numbers

Ohio dispensaries began selling medical marijuana to patients and caregivers in January. To date, there are 25 dispensaries operating. Total product sales through July 28 is $16.7 million with 1,987 pounds of plant material and 36,865 units of manufactured product.


As of June 30, the Ohio Medical Marijuana Control Program reports:

  • 527 Physicians with Certificates to Recommend (CTR)
  • 45,663 Recommendations
  • 48,248 Registered patients
  • 25,964 Unique patients who purchased medical marijuana (as reported to OARRS by licensed dispensaries)
    • 3,083 Patients with Veteran Status
    • 1,752 Patients with Indigent Status
    • 238 Patients with a Terminal Diagnosis
  • 3,417 Registered Caregivers

Ohio physicians interested in recommending medical marijuana can learn more about the certificate to recommend process here.

Board Seeks Subject Matter Experts
The State Medical Board of Ohio has been tasked with reviewing the petitions to add qualifying medical conditions to the Ohio Medical Marijuana Control Program (OMMCP). The board is currently seeking qualified subject matter experts to review the materials submitted in support of these petitions.

The next period for petitions of proposed diseases or conditions will be November 1, 2019, to December 31, 2019, with the review by subject-matter experts immediately to follow.


Pursuant to Ohio Administrative Code 4731-32-05, the petition must detail:
(1) The name and contact information for the person submitting the petition;
(2) The specific disease or condition requested to be added as a qualifying condition;
(3) Information from experts who specialize in the study of the disease or condition;
(4) Relevant medical or scientific evidence pertaining to the disease or condition;
(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, including journal articles, peer-reviewed studies, and other types of medical or scientific documentation;
(7) Letters of support provided by physicians with knowledge of the disease or condition. This may include a letter provided by the physician treating the petitioner, if applicable.

The subject matter expert shall render a written opinion on the suitability of medical marijuana for the proposed disease or condition within 45 days following receipt of the materials to be reviewed. Board personnel will communicate instructions to the expert as to the format of the report. We anticipate the report from a subject matter expert to be 2-5 pages in length.

If you are interested in becoming a subject matter expert reviewer, please submit a completed questionnaire and a current copy of your curriculum vitae to donald.davis@med.ohio.gov. Following receipt of this information, your name will be added to our list of subject matter experts. When the board receives a petition matching your background, experience, and specialty, board personnel will contact you with further details.
    Cosmetic Therapy Exam Registration Deadline 9/9
    The date of the next Cosmetic Therapy exam is September 23, 2019. Applications must be received by the board before 5 p.m. on September 9. Applicants must have graduated prior to the application deadline. Click  here to apply. 

    Office Closure
    The Medical Board's office will be closed on Monday, September 2 in observance of Labor Day. We will reopen at 8 a.m. on Tuesday.
    Board Meeting Dates
    The Medical Board meets each month in the Administrative Hearing Room on the 3rd floor of the Rhodes Office Tower, 30 East Broad Street, Columbus, Ohio, 43215.

    The meeting agendas and minutes are available here on the board's website.
    2019 Meetings
    August 14
    September 11
    October 16
    November 13
    December 11
    EMS Public Record Exemptions

    If you work as an EMS medical director, an EMS Regional Physician Advisory Board (RPAB) member, a correctional institution employee or a youth services employee, the Medical Board is updating its contact information in accordance with the law. Please complete this short survey.


    Take the survey > 

    Update Your Address

    Medical Board licensees are required to give notice of a change of address (residence, business or electronic) no later than 30 days after the change occurs. 

    Update your address >

    Monthly Formal Action Report

    Review summary descriptions of the disciplinary actions initiated and the disciplinary sanctions imposed by the Medical Board at its monthly meeting. Individual's license information can be found on eLicense.


    Monthly Formal Actions >



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