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July eNews
Updates & important information from the State Medical Board of Ohio
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Ohio's Biennium Budget (House Bill 33): Changes to Ohio Law
Ohio’s biennium budget (House Bill 33), signed by Governor DeWine on July 3, 2023, includes changes that will impact State Medical Board of Ohio (SMBO) licensees. Below is a summary of the law changes that become effective October 3, 2023. The SMBO will continue to provide updates on these changes leading up to the effective date.
Upcoming changes for all license types:
- The board will create a new Confidential Monitoring Program for licensees impaired with substance use disorder, mental illness, and physical conditions. The newly created Confidential Monitoring Program will be managed by the Ohio Professionals Health Program (OPHP). Licensees currently participating in One-Bite or the Board’s confidential monitoring program for physical or mental impairment will receive detailed information about transition into the new program. House Bill 33 also authorizes the Board to transfer both the ongoing monitoring of board ordered probationers and the approval of treatment providers to OPHP. The Board will engage in an information campaign to bring you more information on these important changes over the next few months.
- Licensees will have the ability to change their licenses to a retired status. Eligibility requirements will include a voluntary retirement from practice, a paid application fee, and no pending investigations or disciplinary actions. Retired status prohibits practice but continues the use of any titled authorized for the license and allows the reactivation of the license if certain conditions are met.
- The SMBO’s active license roster will only include the business address of the licensee. Watch for more information on how to make sure your address is up to date in the SMBO system.
- House Bill 33 included changes to administrative procedures.
- The SMBO will be authorized to use additional document service methods through email, facsimile, or domestic commercial delivery service and allows for alternative methods to complete service if initial attempts fail, including using alternative addresses, before publishing notice in a newspaper of general circulation.
- The maximum number of days within which an agency generally must hold an administrative hearing after a party to an adjudication requests one will increase from 15 to 60.
- Certain notices and orders that must be served on a party in an Administrative Procedure Act adjudication can be provided to the party’s attorney or other representative rather than requiring the notices be mailed.
- An agency’s rejection of an application for registration or renewal of a license will not be effective until the 15th day after notice of the rejection is mailed to the licensee.
Upcoming changes specific to certain licensees:
- House Bill 33 authorizes sonographers to administer intravenously ultrasound enhancing agents, if:
- A physician delegates the authority
- The sonographer administers the agent in accordance with a written practice protocol developed by the facility where the physician practices
- The delegating physician is physically present at the facility where the sonographer administers the agent
- The sonographer has successfully completed an education and training program in sonography, is certified by a nationally recognized accrediting organization, and has successfully completed training in the intravenous administration of ultrasound enhancing agents
- House Bill 33 will allow a physician assistant to prescribe schedule II controlled substances if the prescription is issued at the site of a behavioral health practice that does not otherwise qualify under current law as a site where physician assistants may prescribe those drugs, if (1) the behavioral health practice is organized to provide outpatient services for treating mental health conditions, substance use disorders or both (2) The physician assistant has entered into a supervisory agreement with a physician who is employed by the same practice.
- A licensed acupuncturist with national certification in Chinese herbology or oriental medicine will be able to practice herbal therapy (the law does not prohibit unlicensed persons from practicing herbal therapy within Ohio if they do not represent themselves as licensed). Additionally, supervisory requirements for newly licensed acupuncturists, including duties and reimbursement allowances for supervising physicians and chiropractors will be eliminated.
Administrative Procedures
- Authorizes SMBO to use additional document service methods through email, facsimile, or domestic commercial delivery service and allows for alternative methods to complete service if initial attempts fail, including using alternative addresses, before publishing notice in a newspaper of general circulation.
- Increases, from 15 to 60, the maximum number of days within which an agency generally must hold an administrative hearing after a party to an adjudication requests one.
- Requires certain notices and orders that must be served on a party in an Administrative Procedure Act adjudication to be provided to the party’s attorney or other representative rather than requiring the notices be mailed as under current law.
- Specifies that an agency’s rejection of an application for registration or renewal of a license is not effective until the 15th day after notice of the rejection is mailed to the licensee instead of prohibiting such an action from becoming effective 15 days before the notification mailing date as under current law.
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Medical Board Approves New Qualifying Condition
On Wednesday, July 12, the SMBO voted to add irritable bowel syndrome (IBS) as a qualifying condition to the Ohio Medical Marijuana Control Program (OMMCP). This brings the total number of qualifying conditions in the OMMCP to 26. The board also voted to reject petitions to add autism spectrum disorder and obsessive-compulsive disorder (OCD) to the list of qualifying conditions.
The next submission period is scheduled for Nov. 1 – Dec. 31, 2023. 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.
For more information, visit the Medical Marijuana program page.
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Newly Adopted Rule: Prescribing for Subacute & Chronic Pain
During its July 12, 2023 board meeting, the Medical Board adopted a new rule. The following rule will go into effect on July 31, 2023.
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CTR Physician Survey
Ohio Revised Code 4731.30 and Ohio Administrative Code 4731-32-03 require each physician with a CTR to submit an annual report to the Medical Board. To collect the annual report data, the Medical Board emailed a survey to all certified physicians to give their professional opinion on the effectiveness of medical marijuana for the conditions for which it has been recommended.
To remain in compliance with Ohio law, physicians with a CTR must respond to the 2023 survey even if they have not made any recommendations. All responses must be received by July 31, 2023.
Click here to respond to the survey.
If you have already taken the survey, no further action is required. Please do not submit the survey more than once. |
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Ohio Department of Health: Infant Formula Shortage
Due to the infant formula shortages, the Ohio WIC Program had been offering several flexibilities, including more formula options (brands and container sizes) for standard milk and soy-based infant formula and specialty infant formula. These flexibilities ended on June 30, 2023 in accordance with USDA Food and Nutrition Service policy.
Ohio WIC remains aware of ongoing formula supply challenges and will continue to work with local WIC projects, formula manufacturers, and authorized WIC vendors on this issue. The attached letter outlines flexibilities that remain in effect and addresses other related issues.
To request infant formula, download and fill in the Ohio WIC Prescribed Formula and Food Request Form.
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Duty to Report
MDs, DOs and DPMs are required to complete one hour of Continuing Medical Education (CME), regarding the Duty to Report. This required CME is part of the renewal process.
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We have recently updated the Duty to Report video. The new video includes interviews from members of the board, staff leadership, investigations, and other state medical boards from around the country. You can find information about the Duty to Report and a link to the recently updated video here. |
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Respiratory Care Advisory Council: Accepting Applications
The State Medical Board of Ohio is accepting applications for a physician member to fill a vacant seat on the Respiratory Care Advisory Council. The candidate is required to have clinical training and experience in pulmonary disease.
The deadline to apply is August 21, 2023.
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Monthly Formal Action reports include summary descriptions of the disciplinary actions initiated and the disciplinary sanctions imposed by the Medical Board at its monthly meeting. Reports also contain updated information regarding changes in probationary monitoring requirements, reinstatement of licenses following suspension, and status reports of cases on appeal through the courts.
Click here to view Monthly Formal Action Reports.
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The Monthly Cite List includes notices of opportunity for hearing, orders of summary suspension, orders of immediate suspension and notices of automatic suspension.
Click here to view the Monthly Cite List. |
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Medical Board Launches New Website |
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The State Medical Board of Ohio released a new website with more engaging features and simpler navigation. The new website has the same URL - med.ohio.gov - and will continue to provide important information and updates. |
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Ohio Responds Volunteer Registry
The Ohio Responds Volunteer Registry is the State of Ohio’s online system for managing public health and healthcare professionals who wish to volunteer. If you are would like to volunteer to help the state's efforts, please visit www.ohioresponds.odh.ohio.gov/ to register. |
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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. Click here to watch the instructional video. |
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The Power in Reaching Out
Through the Medical Board's partner - Ohio Professionals Health Program (OhioPHP), there is a new initiative to help health care professionals. This month, join OhioPHP in creating a caring and supportive culture by reaching out to your fellow colleagues.
One-bite Program & Confidential Monitoring
The Medical Board's
One-bite Program is a non-disciplinary, confidential program for the treatment of impaired licensees and applicants of the Medical Board - established in section 4731.251 of the Revised Code. For more information visit med.ohio.gov and ohiophp.org.
The Medical Board's
Confidential Monitoring Program is a non-disciplinary, confidential program for licensees with mental physical conditions impacting ability to practice established in section 4731-28-02 of the Administrative Code.
Well-Being CARE Service
The Ohio State Medical Association created a Well-Being Checkup And Referral Engagement Service, which is a free, anonymous checkup of one's mental and emotional health. For more information, click here.
Click here to view available wellness resources.
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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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Stay in Touch With Us!
#didyouknow the Medical Board has Twitter, LinkedIn, YouTube, and Facebook accounts? Follow our pages for news, updates, videos and more. |
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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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Upcoming Meetings
August 4 – Physician Assistant Policy Committee
Physician Assistant Policy Committee meetings are held via Go to Webinar.
August 8 – Therapy Advisory Council
Massage Therapy Advisory Council meetings are held in-person at the Rhodes State Office Tower.
August 9 – Board Meeting
Board meetings are held in-person. They are shared as a courtesy via livestream on our YouTube channel, as
technology permits.
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Duty to report obligation
Licensees have statutory and ethical duties to report certain misconduct to the board.
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Frequently Asked Questions
The board has created FAQ documents to address questions on specific rules and protocol.
FAQs >
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