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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 4731-6 | Medical or Osteopathic License

 
 
 
Rule
Rule 4731-6-01 | Definitions.
 

As used in Chapter 4731-6 of the Administrative Code, the following definitions are applicable:

(A) "AOA" means the American osteopathic association.

(B) "Board" means the state medical board of Ohio.

(C) "COMLEX-USA" means the comprehensive osteopathic medical licensing examination prepared by the national board of osteopathic medical examiners.

(D) "COMVEX-USA" means the comprehensive osteopathic medical variable purpose examination prepared by the national board of osteopathic medical examiners.

(E) "ECFMG" means the educational commission for foreign medical graduates.

(F) "FCVS" means the federation credentials verification service.

(G) "Federation" means the federation of state medical boards of the United States, Inc.

(H) "FLEX" means the federation licensing examination as prepared by the federation.

(I) "LCME" means the liaison committee on medical education.

(J) "License" means a license to practice medicine and surgery or osteopathic medicine and surgery issued under section 4731.14 of the Revised Code.

(K) "LMCC" means licentiate of the medical council of Canada.

(L) "Medical and osteopathic examinations" means the examinations to determine competency to practice medicine and surgery or osteopathic medicine and surgery under section 4731.09 of the Revised Code.

(M) "SPEX" means the special purpose examination as prepared by the federation.

(N) "TOEFL iBT" means the test of spoken English of the educational testing service.

(O) "Training Program" means an internship, residency, clinical fellowship, or elective clinical rotation that meets the requirements of division (A)(2) of section 4731.291 of the Revised Code.

(P) "USMLE" means the United States medical licensing examination as prepared by the federation and the national board of medical examiners in a joint program.

Supplemental Information

Authorized By: 4731.05
Amplifies: 4731.091, 4731.142, 4731.291, 4731.294
Five Year Review Date: 7/31/2024
Prior Effective Dates: 10/31/2004, 8/31/2017
Rule 4731-6-02 | Preliminary education for medical and osteopathic licensure.
 

(A) The following constitutes prima facie evidence that an applicant for a license has met the requirements of divisions (A)(2) and (A)(3) of section 4731.09 of the Revised Code.

(1) The applicant holds a diploma from a medical or osteopathic medical school that, at the time the diploma was issued, was a medical school accredited by the LCME or an osteopathic medical school accredited by the AOA; or

(2) The applicant holds certification from the ECFMG.

(B) Sixty semester hours or its equivalent shall be considered two years of undergraduate work as required by division (A)(3) of section 4731.09 of the Revised Code.

Supplemental Information

Authorized By: 4731.05
Amplifies: 4731.09
Five Year Review Date: 7/31/2024
Prior Effective Dates: 6/6/1988 (Emer.)
Rule 4731-6-04 | Demonstration of proficiency in spoken English.
 

Demonstration of proficiency in spoken English, pursuant to section 4731.142 of the Revised Code, requires successful completion of the "Test of English as a Foreign Language, Internet-based Test" ("TOEFL iBT"). Successful completion of the TOEFL iBT requires a total score of ninety or higher and the following minimum scores or higher by section:

(A) Writing: no minimum;

(B) Speaking: twenty-six;

(C) Listening: twenty-six; and

(D) Reading: no minimum.

Supplemental Information

Authorized By: 4731.05
Amplifies: 4731.142
Five Year Review Date: 6/9/2022
Rule 4731-6-05 | Medical and osteopathic examination.
 

(A) The medical and osteopathic examinations shall be all steps of the USMLE or all levels of the COMLEX-USA.

(B) An applicant shall have passed all steps of the USMLE or all levels of the COMLEX-USA within a ten-year period, and achieved a recognized passing performance on each step or level. No applicant may have exceeded the maximum number of attempts for any step or level established by the national board of medical examiners or the national board of osteopathic medical examiners, as effective on the date of application for a license.

(C) The board may waive the requirements of paragraph (B) of this rule, if the applicant meets one or more of the following, as applicable:

(1) Holds current specialty board certification from a member board of the American board of medical specialties or the AOA; or

(2) Demonstrates that a step or level was completed within the maximum number of attempts permitted by the national board of medical examiners or the national board of osteopathic medical examiners, at the time the step or level was successfully completed, provided that the applicant did not exceed six attempts for the step or level.

(3) Demonstrates good cause, as determined by the board, for not having passed all steps or levels with a ten-year period.

(4) Steps or levels of the USMLE and COMLEX-USA cannot be combined to fulfill an acceptable testing sequence as required by this rule.

Last updated January 31, 2022 at 8:52 AM

Supplemental Information

Authorized By: 4731.05
Amplifies: 4731.09, 4731.14, 4731.294
Five Year Review Date: 1/31/2027
Prior Effective Dates: 2/29/1988 (Emer.), 6/23/1997, 12/1/1999, 10/31/2013, 8/31/2017, 7/31/2019
Rule 4731-6-14 | Eligibility for licensure.
 

(A) The board shall issue a license to each individual who meets all applicable requirements under section 4731.09 of the Revised Code, and who passes the medical and osteopathic examination in accordance with rule 4731-6-05 of the Administrative Code, or has passed one of the following examinations:

(B)

(1) One of the following examination sequences, with all steps, parts, levels or components having been administered prior to January 2000. The score achieved on each step, part, level or component must have equaled or exceeded the figure established by the USMLE program, the national board of medical examiners, the national board of osteopathic medical examiners or the federation as a passing score for that step, part, level or component, respectively.

(a) Part I of the national board of medical examiners examination or step 1 of the USMLE, part II of the national board of medical examiners examination or step 2 of the USMLE, and part III of the national board of medical examiners examination or step 3 of the USMLE or component 2 of the FLEX; or

(b) Part I of the national board of osteopathic medical examiners examination or level 1 of the COMLEX-USA, part II of the national board of osteopathic medical examiners examination or level 2 of the COMLEX-USA, and part III of the national board of osteopathic medical examiners examination or level 3 of the COMLEX-USA.

(2) Component 1 of the FLEX and step 3 of the USMLE. The component and step must have been administered prior to January 2000. A score of seventy-five or above must have been achieved on component 1. The performance achieved on step 3 must have been recognized by the USMLE program as a recommended passing performance; or

(3) Component 1 and 2 of the FLEX. Both components must have been administered after June 1985 and prior to January 2000. A score of seventy-five or above must have been achieved on each component. Both components must have been passed within a seven year period; or

(4) A written state medical board of the United States licensing examination other than the FLEX, USMLE or COMLEX-USA administered prior to June 1982 without previous or subsequent FLEX, USMLE or COMLEX-USA failure; or

(5) A single three day FLEX administered prior to June 1985. The FLEX-weighted average score must be seventy-five or above for the entire examination, or must be seventy-two or above if the examination was taken during the first two years of a state's administration of the FLEX and such score was accepted by that state as a passing score; or

(6) A written examination provided by the national board of osteopathic medical examiners for an administering state.

Supplemental Information

Authorized By: 4731.05, 4731.09
Amplifies: 4731.09
Five Year Review Date: 7/31/2024
Prior Effective Dates: 11/1/1988 (Emer.), 8/15/1993, 6/23/1997
Rule 4731-6-15 | Eligibility for licensure of national board diplomates and medical council of Canada licentiates.
 

A diplomate of the national board of medical examiners or the national board of osteopathic medical examiners or an LMCC is eligible for licensure if the applicant meets the requirements of section 4731.09 of the Revised Code.

Supplemental Information

Authorized By: 4731.05
Amplifies: 4731.09
Five Year Review Date: 7/31/2024
Prior Effective Dates: 6/6/1988 (Emer.)
Rule 4731-6-21 | Application procedures for license issuance; investigation.
 

(A) Pursuant to division (B) of section 4731.09 of the Revised Code, all applicants for a license shall submit to the board an application under oath in the manner determined by the board, and provide such other facts and materials as the board requires. No application shall be considered submitted to the board until the appropriate fee has been received by the board.

(B) Except for applicants applying for a license under section 4731.299 of the Revised Code, all applicants for a license shall cause the FCVS to release the applicants "Physician Information Profile" to the board.

(C) No application submitted to the board shall be considered complete until the applicant has complied with the requirements of paragraph (A) of rule 4731-4-02 of the Administrative Code and the board has received the results of the criminal records checks.

(D) The board reserves the right to thoroughly investigate all materials submitted as part of an application. The board may contact individuals, agencies, or organizations for recommendations or other information about applicants as the board deems necessary. Applicants may be requested to appear before the board or a representative thereof as part of the application process.

Supplemental Information

Authorized By: 4731.05
Amplifies: 4731.08, 4731.09, 4731.14
Five Year Review Date: 7/31/2024
Prior Effective Dates: 2/10/1989, 12/1/1999, 10/31/2004, 9/30/2008, 8/31/2017
Rule 4731-6-22 | Abandonment and withdrawal of medical and osteopathic licensure applications.
 

(A) If an applicant for any license or certificate issued under section 4731.14, 4731.291, 4731.292, 4731.293, 4731.294, 4731.295, 4731.296, 4731.297. 4731.298, or 4731.299 fails to complete the application process within six months of initial application filing, the board may notify the applicant in writing of its intention to consider the application abandoned. If no response to that notice is received by the board within thirty days, the board shall consider the application as abandoned and no further processing shall be undertaken with respect to that application.

(B) If the application process extends for a period longer than six months, the board may require updated information as it deems necessary.

(C) No application being investigated under section 4731.22 of the Revised Code, may be withdrawn without approval of the board.

(D) Application fees are not refundable.

Supplemental Information

Authorized By: 4731.05
Amplifies: 4731.22, 4731.291, 4731.292, 4731.293, 4731.294, 4731.295, 4731.296., 47321.297, 4731.298, 4731.299, 4731.09, 4731.14
Five Year Review Date: 7/31/2024
Prior Effective Dates: 2/29/1988 (Emer.)
Rule 4731-6-30 | Training certificates.
 

(A) A training certificate is mandatory for participation in a training program unless the participant holds a license to practice medicine and surgery or osteopathic medicine and surgery. The participation in the programs prior to receiving an acknowledgment letter or a training certificate from the board is the unlicensed practice of medicine pursuant to section 4731.34 of the Revised Code.

(B) An individual may not begin participation in a training program unless the individual has been issued one of the following:

(1) A diploma from an LCME accredited medical school or AOA accredited osteopathic medical school; or

(2) An ECFMG certificate or a fifth pathway certificate.

(C) Evidence that the applicant for a training certificate has been accepted or appointed to a training progam meeting the requirements of division (A)(2) of section 4731.291 of the Revised Code must include a certification from the training program of both of the following:

(1) The training program will verify that the applicant has been issued a diploma, ECFMG certificate, or a fifth pathway certificate before permitting the applicant to begin participation in the training program; and

(2) The training program will notify the board if a holder of a training certificate has not been issued a diploma, an ECFMG certificate, or a fifth pathway certificate before the start date of the training program.

(D) The holder of a training certificate shall immediately notify the board in writing if the holder has not been issued a diploma, an ECFMG certificate, or a fifth pathway certificate before the start date of the training program.

(E) Upon the board's receipt of an application for a training certificate, or upon the board's receipt of written notice from an applicant for a license that the applicant intends to participate in a training program, and after verifying that the applicant has paid the appropriate fee, the board may issue to the applicant an acknowledgment letter. Fees are neither refundable nor transferable.

(1) Upon receipt of that acknowledgment letter, the applicant may begin participating in the training program that meets the requirements of section 4731.291 of the Revised Code, and this chapter of the Administrative Code, to which the applicant has been appointed while the application is being processed. The acknowledgment letter will serve as proof that the board has received the application and that the applicant is entitled to continue participation in the training program.

(2) If an applicant has not received an acknowledgment letter or training certificate from the board within forty-five days after submitting an application, then the applicant shall immediately inform the board and the director of his or her training program in writing.

(3) An acknowledgment letter issued under this rule shall authorize participation in a training program for one hundred twenty days, unless prior to that time the board:

(a) Issues the certificate; or

(b) Issues an order in accordance with Ohio law suspending without a prior hearing the authority to participate; or

(c) Accepts a withdrawal of the application;

(d) Issues a notice of opportunity for hearing in accordance with Chapter 119. of the Revised Code, in which case the authority to participate shall continue until the board's issuance of a final order granting or denying the application, or until the end of the training year, whichever comes first; or

(e) In the case of an applicant for a license, advises the applicant in writing that a substantial question of a violation of this chapter or the rules adopted under it exists and that investigation is continuing, in which case the authority to participate shall continue until one of the following occur:

(i) The board issues a license; or

(ii) The board issues a final order in accordance with Chapter 119. of the Revised Code; or

(iii) The training year ends.

Except as provided in this rule, participation in a training program pursuant to an acknowledgment letter cannot be renewed or extended beyond one hundred twenty days.

(F) If at the end of one hundred twenty days following issuance of an acknowledgment letter to an applicant for a training certificate the board has commenced but not yet concluded investigation or inquiry into issues of possible violations of Chapter 4731. of the Revised Code, it shall issue a training certificate to the applicant but shall not be deemed to have waived any issues which would constitute grounds to impose discipline under Chapter 4731. of the Revised Code.

(G) If the applicant or training certificate holder changes training programs, the board must be notified in writing immediately. A new application need not be completed and a new training certificate will not be issued. The training certificate will continue to be valid until its date of expiration.

(H) A person who holds a suspended license to practice medicine and surgery or osteopathic medicine and surgery is not eligible for a training certificate. Such a person must restore that license in accordance with sections 4731.222 and 4731.281 of the Revised Code before beginning postgraduate training in Ohio. A person whose license to practice medicine and surgery or osteopathic medicine and surgery has been permanently revoked or permanently denied is ineligible to participate in a training program in Ohio.

Supplemental Information

Authorized By: 4731.05, 4731.291
Amplifies: 4731.222, 4731.281, 4731.291, 4731.34
Five Year Review Date: 7/31/2024
Prior Effective Dates: 10/31/2004
Rule 4731-6-31 | Limited preexamination registration and limited certification.
 

(A) An applicant for a limited preexamination registration to practice in state-operated institutions under section 4731.292 of the Revised Code must be a graduate of a medical or osteopathic school or college that was reputable and in good standing in the judgment of the board at the time the diploma was issued. A school shall be considered reputable and in good standing if it is accredited by the LCME or the AOA, or if its graduates are eligible for ECFMG certification. In addition, an applicant for limited preexamination registration must:

(1) Submit an application for limited preexamination registration and pay the appropriate fee.

(2) Have achieved a recognized passing performance on step 1 and step 2 of the USMLE or levels 1 and 2 of the COMLEX-USA.

(B) Limited preexamination registration shall permit practice of medicine or surgery or osteopathic medicine and surgery only in the state institution for which the registration is issued and only under the supervision of the medical staff of that institution. The preexamination registration shall be valid only until such time as the applicant takes and receives the results from step 3 or level 3, as applicable, of the licensure examination specified by rule 4731-6-05 of the Administrative Code. That examination must be taken at the applicant's first reasonable opportunity. "First reasonable opportunity" shall mean the first examination for which the applicant can make a timely registration. The applicant shall be allowed to take two consecutive examinations before the applicant's registration expires.

(C) If the holder of a preexamination registration passes the examination identified in paragraph (B) of this rule, the holder shall be granted a limited certificate under section 4731.292 of the Revised Code upon submitting an application for a limited certificate and furnishing proof satisfactory to the board that the applicant has met all applicable requirements of section 4731.292 of the Revised Code.

(D) A holder of a limited certificate, upon completion of requisite training and upon receipt of United States citizenship, shall be entitled to receive a license. "Requisite training" shall be defined to mean that the holder of a limited certificate has completed a total of two years of training, which shall include:

(1) Training at an institution or institutions under a preexamination registration or registrations; or

(2) Training at an institution or institutions under a limited certificate or certificates; or

(3) Training in graduate medical education as defined in section 4731.04 of the Revised Code.

(E) A limited certificate shall be valid for a period of one year, but can be renewed annually not more than four times. The applicant for renewal shall:

(1) Submit a renewal application containing such information as required by the board; and

(2) Submit evidence of written approval of the medical staff of the institution for which the certificate is issued; and

(3) Submit the required renewal fee.

(F) In the case of Mexican diplomas, only the titulo or the acta, along with appropriate evidence of nonconcurrent internship and social service, is considered equivalent to the degree of doctor of medicine.

(G) Rule 4731-6-05 and 4731-6-21 of the Administrative Code shall apply to applicants for limited certificates under section 4731.292 of the Revised Code.

Supplemental Information

Authorized By: 4731.05, 4731.292
Amplifies: 4731.292
Five Year Review Date: 7/31/2024
Prior Effective Dates: 12/19/1988, 12/1/1999, 10/31/2004
Rule 4731-6-33 | Special activity certificates.
 

(A) A special activity certificate shall not be issued for purposes of locum tenens.

(B) For purposes of meeting the requirement of division (B)(1)(c) of section 4731.294 of the Revised Code, the applicant must have done one of the following:

(1) Passed step 3 of the USMLE or level 3 of the COMLEX-USA, as applicable. All three steps must have been passed in accordance with rule 4731-6-05 of the Administrative Code; or

(2) Passed the SPEX or the COMVEX-USA.

(C) The determination that an applicant's practice in conjunction with the special activity program or event will be in the public interest and that a special activity certificate can thus be issued shall be made by the secretary of the board or, in his or her absence, by another member designated by the board. In making that determination, the secretary of the board or board designee shall take into consideration the nature and length of the activity, the existence of any information warranting investigation prior to issuance of a certificate, the number of prior special activity certificates issued to the applicant, and any available information regarding prior performance while practicing in this state.

(D) If the application is complete and the secretary or board designee refuses or fails to authorize issuance of a special activity certificate prior to the initial date of the activity program or event, the special activity certificate application shall be deemed converted to an application for a full license to practice medicine and surgery or osteopathic medicine and surgery to be processed under the provisions of Chapter 4731. of the Revised Code and this chapter of the Administrative Code. Failure to submit additional required fees or information required for full licensure may result in the application being considered abandoned as provided under rule 4731-6-22 of the Administrative Code.

(E) An individual may only apply six times within a consecutive two year period for a special activity certificate.

Supplemental Information

Authorized By: 4731.05, 4731.294
Amplifies: 4731.294
Five Year Review Date: 7/31/2024
Prior Effective Dates: 6/6/1988 (Emer.), 2/10/1989
Rule 4731-6-34 | Volunteer certificates.
 

(A) . For purposes of meeting the requirement of division (C)(3) of section 4731.295 of the Revised Code, good standing means the authority to practice medicine and surgery or osteopathic medicine and surgery without government restriction or limitation.

(B) For purposes of issuance of a volunteer's certificate, an applicant shall be considered retired from practice if the applicant's license has been surrendered or allowed to expire with the intention of ceasing to practice medicine and surgery or osteopathic medicine and surgery for remuneration in this or any other state, without request to do so by the proper licensing authority of the state and without knowledge that the applicant is the subject of an active investigation by the proper licensing authority of the state.

(C) The board may require the applicant to demonstrate present fitness to practice in the manner provided in section 4731.222 of the Revised Code before issuing a volunteer's certificate to an applicant whose license has been in an inactive status for more than two years or who has not been engaged in the active practice of the applicant's profession for more than two years.

Supplemental Information

Authorized By: 4731.05, 4731.295
Amplifies: 4731.295
Five Year Review Date: 7/31/2024
Prior Effective Dates: 12/19/1988, 10/31/2004
Rule 4731-6-35 | Processing applications from service members, veterans, or spouses of service members or veterans.
 

(A) The board shall include questions on all applications for licensure, biennial renewal, or restoration of licensure that inquire as to whether the applicant is:

(1) A service member;

(2) A veteran; or

(3) The spouse or surviving spouse of a service member or veteran.

(B) If the applicant for licensure, biennial renewal submitted by regular mail, or restoration of licensure responds affirmatively to any of the questions discussed in paragraph (A) of this rule, the board shall process the application in the following manner:

(1) Route the application to a board staff member who is responsible for monitoring the application and communicating with the applicant regarding the status of the application, including informing the applicant of any documentation needed for the board to process the application;

(2) Expedite the processing of the application, even if the application was received later in time than other applications that are pending processing;

(3) Provide information regarding available continuing education waivers to applicants if the applicant or the applicant's spouse will be imminently deployed; and

(4) Track, on an annual basis, the total number of applications submitted by service members, veterans, spouses or surviving spouses of service members or veterans, and the average number of business days expended by the board to process those applications.

Supplemental Information

Authorized By: 4731.05, 5903.04
Amplifies: 5903.04
Five Year Review Date: 7/31/2024
Prior Effective Dates: 9/30/2015