The State Medical Board of Ohio (SMBO) has filed proposed rules with the Common Sense Initiative Office. If enacted, the proposal rules will establish a confidential monitoring program that allows licensees with mental or physical illnesses, other than substance use disorders, to be monitored by the SMBO without being subjected to formal public disciplinary action.
In addition to meeting with representatives from the SMBO about these rules in December 2017, the Ohio Academy of Family Physicians submitted comments jointly with other member organizations of the Medical Association Coalition (MAC).
Executive Order 2011-01K and Sections 107.62 and 121.82, Ohio Revised Code, require state agencies to draft rules in collaboration with stakeholders, assess and justify any adverse impact on the business community, and provide an opportunity for the affected public to provide input on the proposed rules. The Business Impact Analysis for the proposed rules discusses the purpose of the rule and identifies the nature of the adverse impact on licensees. The Common Sense Initiative review must be completed before the rules can begin the formal rule-making process through the Joint Committee on Agency Rule Review.
At this time, public comment is being sought on the following proposed rules. The Business Impact Analysis and rules filed with the Common Sense Initiative Office are available on the SMBO website.
- 4731-28-02 Eligibility for confidential monitoring program
- 4731-28-03 Participation in the confidential monitoring program
- 4731-28-04 Disqualification from continued participation in the confidential monitoring program
- 4731-28-05 Termination of the participation agreement for the confidential monitoring program
Comments on the proposed rules must be received no later than Monday, February 26, to both the SMBO and the Common Sense Initiative Office.