Request for comment on podiatric scope of practice

The State Medical Board of Ohio is seeking public comments on podiatric scope of practice to assist with its rule-making process. 

Under section 121.931,Ohio Revised Code, a party may petition an agency to restate a policy in a rule. In June 2019, the State Medical Board of Ohio considered a request from a podiatrist as to whether five specific procedures were within the scope of practice of a podiatrist. The Board determined that four of the five procedures were within the scope of practice of a podiatrist. After the board issued its determination on this issue, concerns were raised with respect to two of the specific procedures that were determined to be within the podiatric scope of practice: 

1. Is it permissible for a podiatrist in Ohio to perform a supramalleolar osteotomy of the tibia or fibula to correct a deformity?
2. Is it permissible for a podiatrist in Ohio to harvest bone marrow aspirate from the proximal tibia?

In May 2021, the State Medical Board appeared before the Joint Commission on Agency Rule Review (“JCARR”) for consideration as to whether the policy determination should be specified in a rule. Prior to receiving the determination from JCARR, the State Medical Board of Ohio decided to commence the rule-making process on this issue. Given the differences from the affected parties, the board has decided to first solicit comments from interested parties to inform the rule-making process. 

These links provide copies of the Medical Board rules related to podiatric scope of practice (4731-20-01 and 4731-20-02) and the June 2019 communication regarding the specific procedures. 

Please provide any comments and supporting material that you would like the Medical Board to consider in drafting rules related to the above-listed specific procedures and whether they are within the scope of practice of a podiatrist.

Comments on the proposed rules must be received no later than July 6, 2021. Please provide comments to: Kimberly.Anderson@med.ohio.gov.

Three medical marijuana qualifying conditions approved

The State Medical Board of Ohio (SMBO) met virtually on June 9 and discussed the petitions to add six new qualifying conditions to the Ohio Medical Marijuana Control Program (OMMCP). After the discussion, the full board voted to accept 4 petitions and add Huntington’s disease, terminal illness (two petitions) and spasticity as qualifying conditions, effective immediately. The board also voted to reject the petitions for autism spectrum disorder, restless leg syndrome, panic disorder with agoraphobia and spasms. This brings the total number of qualifying conditions in the OMMCP to 25.

Under Ohio law, the following are qualifying medical conditions: AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cachexia, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, Huntington’s disease, 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, spasticity, spinal cord disease or injury, terminal illness, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis.

The next submission period is scheduled for Nov. 1 – Dec. 31, 2021.  Anyone may submit a petition requesting a condition be added to the OMMCP. If a condition has been previously rejected by the board, the new petition must contain new scientific information that supports the request. Details on the process can be found here.