October 2019 Newsletter from the State Medical Board of Ohio
October 2019 Newsletter
House Bill 166 Changes Ohio Laws
Ohio’s biennium budget contains hundreds of policy changes in addition to financial appropriations. A number of those statutory changes will impact State Medical Board of Ohio licensees. The following is a summary of changes in Ohio law that will become effective October 17, 2019.
Below is a quick summary, but licensees are encouraged to read the complete law in the Ohio Revised Code (ORC). Information on laws and rules for licensees is also available in the LAWS & RULES section on med.ohio.gov.
All license types • Eliminates a requirement under which an affirmative vote of at least six members of the board is necessary to grant a license to an applicant. This change will allow the Medical Board to issue licenses faster, instead of waiting for monthly board meetings.
• Licenses will expire two years after the original date of issuance. For existing license holders, the renewal deadline will continue to be on the same date as it is currently; for new license holders this means renewal will occur on the two-year anniversary of initial issuance and every two years thereafter.
• The board can now impose terms and conditions to ensure an applicant’s fitness to practice, as follows: (1) when seeking issuance of a license without having been engaged in practice or participating in a training or educational program for more than two years, and (2) when seeking restoration of a license that has been inactive for more than two years.
Allied health professionals • Clarifies an eligibility requirement that applies to a person seeking licensure to practice a limited branch of medicine based on holding a license in another state, by specifying that the applicant must have held a license to practice massage therapy or cosmetic therapy during the five-year period preceding the date of application.
• Authorizes the board to impose a civil penalty of not more than $5,000 if the license holder fails to complete the continuing education required to maintain a license.
Physicians • Ohio MDs, DOs, and DPMs will need to complete a total of 50 hours Category 1 CME every two years to be eligible for license renewal. Previously, physicians were required to complete a total of 100 hours, of which 40 needed to be Category 1.
• The amount of continuing education hours a physician may earn providing health care services as a volunteer will be reduced to three hours.
• Expedited licensure: Clarifies an eligibility requirement that applies to a physician seeking an expedited license by endorsement by specifying that the applicant must not have been the subject of more than two malpractice claims resulting in a finding of liability in the ten years preceding the date of application.
• Training certificates: Allows a holder of a physician training certificate to apply for late renewal not more than 30 days after the certificate’s expiration date if the individual pays a $150 reinstatement fee.
• Clinical fellowship programs: Specifies that an accredited clinical fellowship program constitutes (1) graduate medical education recognized by the board and (2) a program that an individual may participate in by obtaining a training certificate.
• Clinical research faculty: Specifies that holders of clinical research faculty certificates will need to complete 75 hours Category 1 CME every three years to renew their certificates.
Physician assistants (PAs) • The physician assistant continuing education (CE) requirements for Ohio will mirror the National Commission on Certification of Physician Assistants (NCCPA) requirements. Previously, a physician assistant needed to complete a minimum of 100 hours of continuing education every two years, which did not align with the NCCPA certification cycle. Physician assistants who hold prescriptive authority will continue to be required to complete at least twelve hours of continuing education in pharmacology.
• Changes in the law will now require both the supervising physician and the physician assistant to retain a copy of their supervision agreement in their records. The law also permits the board to assess a civil penalty upon a finding that a supervision agreement has not been retained as required.
• PA initial application fee reduced from $500 to $400.
• Limits a physician assistant’s existing authority to personally furnish samples of drugs and therapeutic devices to the drugs and devices included in the physician assistant’s physician-delegated prescriptive authority.
• Requires that medical care provided by an out-of-state physician assistant at a charitable event in Ohio be supervised by the event’s medical director or another physician authorized to practice in Ohio.
Effective October 17, 2019, Ohio’s continuing medical education (CME) requirements for physicians and physician assistants will change. The following information is offered to assist licensees in preparing to meet the new requirements.
Physicians with October 1, 2019 renewal dates renewed under current law and were responsible for having completed 100 hours of CME, at least 40 of which must be category 1.
Physicians with January 1, 2020 renewal dates are strongly encouraged to complete at least 50 hours of category 1 CME. However, we understand that circumstances may prevent a physician from doing so, and we would apply the old law requiring 100 hours of CME, at least 40 of which must be category 1.
Physicians with renewal dates of April 1, 2020 and beyond are expected to complete 50 hours of Category 1 CME.
Category 2 CME is not being “eliminated.” However, completion of category 2 CME will not count towards meeting the CME requirements for renewal.
The CME requirements of the various ABMS and AOA Certifying Boards are separate from Ohio’s requirements. The change to Ohio law does not impact any requirements a physician must meet to maintain board certification.
Physician assistants are now responsible for completing the CME that is required to maintain NCCPA certification.PAs who hold prescriptive authority must continue to obtain 12 hours of CME in pharmacology every two years. PAs are subject to audit and they should be prepared to provide evidence that the required CME was completed.
Recently, the Medical Board translated the public records policy and the instructions to filing a complaint into Spanish, the second most spoken language in Ohio. Both are specifically public-facing items on the website and are easily-accessible.
Click here to download the translated public records policy.
Click here to view the translated complaint instructions.
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 responsiblites or submit an application, click below.
CBD Products Senate bill 57 legalized hemp in the state of Ohio. Now physicians, PAs and massage therapists may apply CBD oil as a topical treatment within their scope of practice as long it contains less than 0.3% THC. It is now legal to sell properly inspected CBD products in Ohio. The Ohio Department of Agriculture will be testing all CBD products for safety and accurate labeling to protect Ohio consumers. If you have questions about selling CBD in your practice, contact the Ohio Department of Agriculture.
Petitions for Qualifying Conditions
The State Medical Board of Ohio established Nov. 1, 2019 – Dec. 31, 2019 as the second submission period for petitions to add a qualifying medical condition to the Medical Marijuana Control Program. Petitions can be filed electronically through the State’s website, medicalmarijuana.ohio.gov. A petition needs to include (per Ohio Administrative Code 4731-32-05):
The name and contact information
Specific disease or condition requested to be added
Information from experts who specialize in the study of the disease or condition
Relevant medical or scientific evidence
Consideration of whether conventional medical therapies are insufficient to treat or alleviate the disease or condition
Evidence supporting the use of medical marijuana to treat or alleviate the disease or condition and other types of medical or scientific documentation
Letters of support provided by physicians
By the Numbers
Ohio dispensaries began selling medical marijuana to patients and caregivers in January. To date, there are 30 dispensaries operating. Total product sales through September 22 is $28 million with 3,352 pounds of plant material and 93,094 units of manufactured product.
As of September 24, the Ohio Medical Marijuana Control Program reports:
561 Physicians with a Certificate to Recommend (CTR)
57,589 Registered patients
35,729 Unique patients who purchased medical marijuana (as reported to OARRS by licensed dispensaries)
3,793 Patients with Veteran Status
2,347 Patients with Indigent Status
311 Patients with a Terminal Diagnosis
4,500 Registered Caregivers
Ohio physicians interested in recommending medical marijuana can learn more about the certificate to recommend process here.
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.
The next period for petitions of proposed diseases or conditions will be November 1, 2019, to December 31, 2019, with the review by subject-matter experts immediately to follow.
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 firstname.lastname@example.org. 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.
Drug Take Back Day
The Drug Enforcement Administration (DEA) is sponsoring National Prescription Drug Take Back Day on Saturday, October 26 from 10 a.m. to 2 p.m. Click here to access the community tool kit and find a collection site in your area. You may search by zip code or city/state.
The Medical Board's office will be closed on Monday, October 14 in observance of Columbus Day. We will reopen at 8 a.m. on Tuesday.
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 here on the board's website.
2019 Meetings October 16 November 13 December 11
January 8 February 12
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.
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.