Summary from April 2020 Board Meeting
On April 8, 2020, the Medical Board conducted its first livestreamed board meeting. It can be viewed here. In addition to its standard agenda, the board discussed arising challenges and its response to the COVID-19 pandemic. Below you will find a summary of the board’s discussion.

Anesthesiologist Assistants

• The board voted to suspend enforcement of Section 4760.08, Ohio Revised Code and Rule 4731-24-02, Ohio Administrative Code to the extent that an anesthesiologist who supervises an anesthesiologist assistant will not be required to adopt a written practice protocol for the duration of the declared COVID-19 emergency.

Respiratory Care Limited Permit Holders

• In the absence of a licensed respiratory care professional, the board recognizes that R.C. 4761.17(B) permits a physician, certified nurse practitioner, certified nurse-midwife, certified nurse specialist, or physician assistant (who is authorized to prescribe or order respiratory care services. under the supervision of a physician) to also supervise a graduate-based respiratory care limited permit holder. It will still be at the discretion of the hospital to allow a limited permit holder full scope of practice.

Physician Assistants

• In conjunction with the Board of Pharmacy and the Board of Nursing, the board voted to allow physicians practicing under a consult agreement in a hospital or institutional setting to delegate duties to an advance practice registered nurse or physician assistant for the period of the declared COVID-19 emergency, as declared by the governor. This ability to delegate to advance practice nurses or physician assistants will stop when the emergency order is lifted by the governor.

Telemedicine

• The board has two existing statutory provisions in ORC 4731.36 that support out-of-state telemedicine:
  • Physicians treating patients who are visiting Ohio and unable to leave because of the emergency
  • Physicians in contiguous states that have existing patient relationships with Ohio residents

Emergency Licensure

• Ohio does not have a legal mechanism to allow out-of-state licensees to practice in Ohio or to automatically reactivate inactive licensees. Board members were surveyed for opinions and comfort level. In the event the Medical Board is provided the legal authority to allow out-of-state licensees or inactive licensees who reactivate their licenses to practice, the responses showed the board is comfortable with issuing emergency licenses with necessary parameters.

Board-ordered Evaluations

• The Secretary and Supervising Member asked for board member feedback regarding board-ordered chemical dependency evaluations during the COVID-19 pandemic. Unlike forensic psychiatric evaluations, which are currently being conducted by video, chemical dependency examinations must be conducted in person due to the laboratory component. This holds true for massage therapist outpatient exams, as well as the mandatory 72-hour inpatient requirement for other licensee types. Additionally, other types of board ordered evaluations such as neurological assessments or occupational medicine assessments require an in-person component.

The board supported the Supervising Member and Secretary’s three recommendations for ordering licensee evaluations:

1. Continue psychiatric evaluations by video until in-person evaluations can safely be resumed.
2. For licensure applicants, who pose no risk of patient harm as they are not currently practicing here, defer scheduling all evaluations that require an in-person component until at least such time that the “Stay at Home” order is lifted and the anticipated surge is over.
3. For current licensees with a suspected inability to practice due to a physical condition, and for those with suspected impairment who either have failed a One Bite referral or are otherwise ineligible for One Bite, each case will be assessed on its individual facts. If an appropriate settlement cannot be reached, the Secretary and Supervising Member will consider whether there is sufficient peripheral evidence, absent the customary evaluation result, to support possible summary suspension.

HB197

HB 197 was signed into law by Governor DeWine on March 27, 2020. The provisions related to the COVID-19 emergency are effective immediately.

• Medical Board licensees who have licenses that will expire during the period of emergency have until 90 days past the end of the emergency or December 1, 2020 to renew their license.
• Medical Board hearings and meetings can be conducted electronically. The board must provide at least 24 hours advance notice of a meeting to the public, media who have requested advance notice and any parties required to be notified.
• The Ohio Department of Medicaid has designated physicians, physician assistants and dietitians as eligible to provide telehealth services.

Any other criminal, civil, or administrative time limitation or deadline under the Revised Code set to expire between March 9, 2020 and July 30, 2020, will be tolled.

The board is updating its contact information in accordance with Ohio law. Please take a moment to complete* the short survey if you work as:

• An EMS medical director
• An EMS Regional Physician Advisory Board (RPAB) member
• A correctional institution employee
• A youth services employee

*If you have already completed the survey, you do not need to complete it again.

Review summaries of the disciplinary actions initiated, and the disciplinary sanctions imposed by the Medical Board at its monthly meeting. An individual's license information can be found on

eLicense.

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