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November 2021 eNews
Updates & important information from the State Medical Board of Ohio
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Telemedicine update
At the November 10 Board Meeting, the Medical Board voted to extend the enforcement date of its regulation requiring an in-person visit until March 31, 2022.
The Medical Board approved telemedicine FAQs that provide guidance on telemedicine in Ohio and the Medical Board’s resumption of enforcement on March 31 of its laws and rules requiring in-person visits in certain situations. Click here to view the FAQs.
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House Bill 176
On October 27, 2021, Governor DeWine signed House Bill 176 into law. A provision in this bill grants athletic trainers the ability to enter into a collaboration agreement with a physician or podiatrist. The new provisions only apply to athletic trainers that are working under a collaboration agreement. The scope of practice for athletic trainers that have not entered into a collaboration agreement remains unchanged. This new law goes into effect January 25, 2022.
An athletic trainer working within a collaboration agreement may do the following:
- Prevention, examination, and athletic training diagnosis of injuries or emergent conditions resulting from physical activities that require physical skill and utilize strength, power, endurance, speed, flexibility, range of motion, or agility.
- Complete management, treatment, disposition, and reconditioning of acute athletic injuries including injuries or emergent conditions resulting from physical activities.
- Provision of emergent care, therapeutic interventions, and rehabilitation for injuries or emergent conditions resulting from physical activities.
- Promotion of and education about wellness.
- The administration of drugs, including topical drugs, that have been prescribed by a licensed health professional authorized to prescribe drugs and are administered under the prescriber’s direction. Please note that athletic trainers are prohibited from administering intra-articular and intratendinous injections.
- Performance of athletic training research.
- Organization and administration of educational programs and athletic training facilities.
- Education of and consulting with the public as it pertains to athletic training.
The agreement must be in writing and signed by the athletic trainer and each physician or podiatrist with whom the athletic trainer collaborates.
The athletic trainer and each collaborating physician or podiatrist are responsible for keeping a copy of the signed agreement in their records.
The agreement must address all of the following:
- The duties and responsibilities to be fulfilled by the athletic trainer when engaging in the allowed activities.
- Any limitations on the athletic trainer’s performance of allowed activities; and
- A plan of care for patients treated by the athletic trainer.
The collaboration agreements will be under the purview of the Ohio Occupational Therapy, Physical Therapy and Athletic Trainers Board, although failure of a physician or podiatrist to fulfill the responsibilities of a collaboration agreement with an athletic trainer could be grounds for disciplinary action by the Medical Board.
Click here to view the full bill.
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Podiatric scope of practice
In June 2019, the State Medical Board of Ohio considered a request from a podiatrist as to whether specific procedures were within the scope of practice of a podiatrist. Subsequently, we sought comments and after review of the comments, the board issued the following statement at the November 2021 meeting, withdrawing its June 2019 letter:
The board has considered the comments received as we started the rule-making process with respect to whether supramalleolar osteotomy of the tibia and fibula and the harvest of bone marrow aspirate from the proximal tibia are within the scope of practice of podiatry. Based upon this gathered information, the board determined that it has acted prematurely in this matter and that additional legislative guidance is necessary. Therefore, the board is withdrawing its statement on these two procedures. It is our understanding that podiatrists were credentialed to perform these procedures prior to the issuance of the board’s statement in 2019. It is recommended that providers work with their hospital systems and legal counsel going forward.
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PROPOSED RULES
Light-based Medical Devices and Interstate Medical Licensure Compact Rules
The State Medical Board of Ohio seeks public input on proposed rules several times during the rule-making process. Public input is sought after the Medical Board has conducted its initial review of rules, after rules are filed with the Common Sense Initiative Office, and at the public hearing that occurs after the rules are formally filed with the Joint Committee on Agency Rule Review.
The Medical Board’s initial review of rules may result in a proposal to amend current rules, rescind current rules, make no changes to current rules, and/or adopt new rules. Comments received will be reviewed and possibly result in changes to the initially proposed language before the rules are then filed with the Common Sense Initiative Office.
At this time, public comment is being sought on the proposed language for the following rules. The rules title is a link to the rule(s) and a memo explaining the proposed action.
4731-18-01 Definitions
Proposed to amend
4731-18-02 Use of Light Based Medical Devices
Proposed to amend
4731-18-03 Delegation of the Use of Light Based Medical Devices for Specified Non-Ablative Procedures
Proposed to rescind
4731-18-03 Delegation of the Use of Light Based Medical Devices for Specified Non-Ablative Procedures
Proposed new rule
4731-38-01 Licenses Issued or Renewed Under the Interstate Medical Licensure Compact
Proposed new rule
Deadline for submitting comments: December 1, 2021
Comments to: Kimberly Anderson, State Medical Board of Ohio
Kimberly.Anderson@med.ohio.gov
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Petition period open to add new medical marijuana qualifying conditions
The submission period is open from November 1 – December 31. Anyone may submit a petition requesting a condition be added to the Ohio Medical Marijuana Control Program. 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.
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Duty to report obligation
As a licensee of the State Medical Board of Ohio, you have a statutory and ethical duty to report misconduct. You are obligated to report violations of law, rule and code of ethics standards to the Medical Board. Examples of misconduct include, but are not limited to, sexual misconduct, impairment, practice below the minimal standards of care, and improper prescribing of controlled substances. If you suspect or have observed inappropriate behavior by a health care professional or colleague, you should file a complaint with the State Medical Board. If you believe a crime has been committed, you should also contact your local law enforcement. Knowing a colleague is violating regulations and not reporting to the Medical Board not only puts patients at risk but also puts your license to practice in jeopardy.
If the board discovers you failed to report a colleague’s misconduct, you may be disciplined by the board, up to and including permanent license revocation, and you may be ordered to pay fines up to $20,000.
Effective May 31, 2021, MDs, DOs and DPMs are required to complete one hour of Continuing Medical Education (CME) prior to renewal on the topic of a licensee’s duty to report misconduct. The enforcement of this requirement will commence with renewal applications submitted on or after July 1, 2021. The board has created a one-hour course designed to educate physicians (MDs, DOs, DPMs) on the duty to report to the State Medical Board of Ohio.
To file a complaint you can visit med.ohio.gov or call the board’s confidential complaint hotline at 1-833-333-SMBO (7626). Remember, provisions in the Ohio Revised Code make all complaints received by the board confidential.
You can read more about your duty to report and the CME requirement on our website.
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Ohio prescribers are required to include the diagnosis code on all controlled substance prescriptions per 4729:5-5-15 of the Ohio Administrative Code.
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Need to check the expiration date of your license?
eLicense.ohio.gov
24/7 access & instant verification
no need to log in, simply search by name
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COVID-19 resources
The Ohio Department of Health (ODH) is leading Ohio’s pandemic response. If you have questions or concerns about their programs, please use the links below. SMBO will continue to share information from ODH as it is received.
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Licensee obligation to complete death certificates
When an individual dies under natural causes the attending physician is to sign the death certificate within forty-eight hours after the death. Read the Medical Board's policy statement and FAQs here. |
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Board seeks subject matter experts in family medicine, internal medicine and pain management
The State Medical Board of Ohio contracts with qualified medical experts for quality of care reviews. The board is currently seeking experts in family medicine, internal medicine and pain management. Potential experts should have a clinical practice within Ohio and be board-certified for a minimum of five years. If interested, email your CV to donald.davis@med.ohio.gov. |
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Office closure
The Medical Board’s office will be closed on Thursday, November 25 in observance of the state holiday. |
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UPCOMING BOARD MEETINGS
December 8
January 12, 2022
Meetings are in-person. They are shared as a courtesy via livestream on our YouTube channel.
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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.
Update your address > |
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Monthly Formal Action report
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.
Monthly Formal Actions >
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