December 2019 Newsletter from the State Medical Board of Ohio
 
December 2019 Newsletter

Confidential Complaint Hotline

The State Medical Board of Ohio launched its confidential complaint hotline.
Anyone may call 1-833-333-SMBO (7626) to file a complaint against health care professionals who hold a license from the Medical Board. Ohio law makes all complaints and investigations by the board confidential. Callers do not need to leave identifying information, although additional detail can help support a more thorough investigation.

Please visit med.ohio.gov/Regulation/File-a-Complaint for detailed information on filing a complaint, a list of license types regulated by the Medical Board and who to contact if our board does not have authority to take action.

Loucka Named Director of the Medical Board

The SMBO announced that it has unanimously approved Stephanie M. Loucka as its Executive Director, effective November 14, 2019. Ms. Loucka previously served as the director at the Ohio Department of Aging. Prior to that she held senior leadership positions at both the Ohio Department of Administrative Services and the Ohio Department of Aging. Most recently, Ms. Loucka served as the human resources director of Gahanna-Jefferson Public Schools. She received a bachelor’s degree in history and political science from Otterbein College and a law degree from the University of Cincinnati College of Law.

New Rules

Effective 11/30/19

Current rule rescinded and new rule adopted to add requirements for physician assistants:
4731-31-01 Requirements for assessing and granting clearance for return to practice or competition

The following rules applicable to dietitians are rescinded:
4759-1-01 Public notice of rule adoption.
4759-1-02 Notice of board meetings.
4759-1-03 Personal information systems.
4759-3-01 Duties of board members.
4759-3-02 Executive secretary/executive director.
4759-3-03 Minutes of board meetings.
4759-3-04 Cooperation and communication with professional organizations.
4759-3-05 Advisory committees.
4759-3-06 Parliamentary procedures.
4759-3-07 Adjudication hearings.
4759-4-05 Licensure by reciprocity.
4759-4-06 Status categories.
4759-4-07 Failure to maintain licensure.
4759-4-10 Prorated initial license fee.
4759-7-01 Filing of complaints.
4759-8-01 Representatives; appearances communications; applicability.
4759-8-02 Filing request for hearing.
4759-8-03 Notice of hearings.
4759-8-04 Authority and duties of attorney hearing examiners.
4759-8-05 Consolidation.
4759-8-06 Intervention.
4759-8-07 Continuance of hearing.
4759-8-08 Motions.
4759-8-09 Filing.
4759-8-10 Service on parties.
4759-8-11 Computation and extension of time.
4759-8-12 Transcripts.
4759-8-13 Subpoenas for purposes of hearing.
4759-8-14 Mileage reimbursements and witness fees.
4759-8-15 Reports and recommendations.
4759-8-16 Exchange of documents and witness lists.
4759-8-17 Pre-hearing conference.
4759-8-18 Requirements for pre-hearing exchange of information.
4759-8-19 Status conference.
4759-8-20 Depositions and transcripts of prior testimony.
4759-8-21 Prior action by the board.
4759-8-22 Stipulation of facts.
4759-8-23 Witnesses.
4759-8-24 Conviction of a crime.
4759-8-25 Rules of evidence.
4759-8-26 Broadcasting and photographing administrative hearings.
4759-8-27 Sexual misconduct evidence.
4759-8-28 Reinstatement of license.
4759-8-29 Settlements, dismissals, and voluntary surrenders.
4759-10-01 Definitions.
4759-10-02 Procedures for accessing confidential personal information.
4759-10-03 Valid reasons for accessing confidential personal information.
4759-10-04 Confidentiality statutes.
4759-10-05 Restricting and logging access to confidential personal information in computerized personal information systems.

The following rules applicable to dietitians were amended or adopted as new rules:
4759-2-01 Definitions. Amended.
4759-4-01 Applications. Current rule rescinded and a new rule adopted.
4759-4-03 Examination. Amended.
4759-4-04 Continuing education. Amended.
4759-4-08 Limited permit. Amended.
4759-4-09 License certificates and permits. Current rule rescinded and a new rule adopted.
4759-4-12 Consideration of military experience, education, training and term of service. Amended.
4759-4-13 Temporary license for military spouse. Amended.
4759-5-02 Student practice exemption. Amended.
4759-5-03 Plan of treatment exemption. Amended.
4759-6-01 Standards of practice in nutrition care. Amended.
4759-6-03 Interpretation of standards. Current rule rescinded and a new rule adopted.
4759-9-01 Severability. Amended.
4759-11-01 Miscellaneous Provisions. Adopted as a new rule

Medical Board Seeks to Contract with Victim Coordinators
The Victim Coordinator position will be a resource for the overall coordination of internal and external communications related to that investigation in partnership with board investigators and enforcement attorneys, law enforcement agencies, the Attorney General Office and other prosecutors' offices. The Victim Coordinator will provide trauma informed, emotionally safe communications to the victim while coordinating the victim’s participation in a board investigation. The Victim Coordinator will work under the direction of the Deputy Director of Investigations, Compliance, Enforcement, and Standards Review (ICES) or their designee to provide continuity and support functions to victims involved with a State Medical Board of Ohio investigation. To read a detailed description about the position, its responsibilities or submit an application, click below. 

ohio medical marijuana control program update

Petition to Add Qualifying Condition

The State Medical Board of Ohio has the authority to approve and designate conditions or diseases as qualifying medical conditions for treatment with medical marijuana. For the 2019 calendar year, the board will accept petitions for consideration between November 1 and December 31. You can submit a petition here:  https://medicalmarijuana.ohio.gov/condition
 

Before the experts review the petitions, the Medical Board will allow for a time of public comment, similar to the comment period in the rules-making process.

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.

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.
    Health News Ohio
    The fall issue of the Medical Board's Health News Ohio magazine is available online. This issue highlights cultural competency and how understanding it will help give your patients better care, artificial intelligence and the role it is playing in the health care industry, new subacute and chronic pain resources and helping our licensees receive treatment for substance use disorder. 
    The Medical Board's office will be closed on Wednesday, December 25 and Wednesday, January 1. We will reopen at 8:00 a.m. on the following day.

     
    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 on the board's website.
    2019 Meetings
    December 11

    2020 Meetings
    January 8
    February 12
    March 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.


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    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. 

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    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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