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Title 47 | Occupations-Professions
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Section 4731.86 | Civil actions for assisted reproduction procedure performed without consent - definitions.

... As used in sections 4731.861 to 4731.8611 of the Revised Code: (A) "Assisted reproduction," "human reproductive material," "health care professional," and "donor" have the same meanings as in section 2907.13 of the Revised Code. (B)(1) "Assisted reproduction procedure performed without consent" means the performance of an assisted reproduction procedure by a health care professional who recklessly did any of the...

Section 4731.861 | Action for an assisted reproduction procedure performed without consent - patient, spouse, child.

... The following persons may bring a civil action for the recovery of remedies described in sections 4731.869 and 4731.8610 of the Revised Code for an assisted reproduction procedure performed without consent and performed recklessly: (A) The patient on whom the procedure was performed and the patient's spouse or surviving spouse; (B) The child born as a result of the procedure.

Section 4731.862 | Separate action for each child born to the patient or spouse.

... A person may bring a separate action under section 4731.861 of the Revised Code for each child born to the patient or spouse as a result of an assisted reproduction procedure performed without consent and performed recklessly.

Section 4731.864 | Action for an assisted reproduction procedure performed without consent - donor.

... A donor of human reproductive material may bring a civil action for remedies described in sections 4731.869 and 4731.8610 of the Revised Code against a health care professional who recklessly did both of the following: (A) Performed an assisted reproduction procedure using the donor's human reproductive material; (B) Knew or reasonably should have known that the human reproductive material was used without the d...

Section 4731.865 | Separate action for each individual who received the donor's human reproductive material.

... A donor may bring a separate action under section 4731.864 of the Revised Code for each individual who received the donor's human reproductive material without the donor's consent.

Section 4731.867 | Consent for use of human reproductive material.

... (A) Patient consent to the use of human reproductive material from an anonymous donor is not effective to provide consent for use of human reproductive material of the health care professional performing the procedure. (B) It is not a defense to an action under section 4731.861 or 4731.864 of the Revised Code that a patient expressly consented in writing, or by any other means, to the use of human reproductive mat...

Section 4731.869 | Remedies and damages.

... (A) A plaintiff who prevails in an action under section 4731.861 or 4731.864 of the Revised Code shall be entitled to: (1) Reasonable attorney's fees; and (2) Either of the following: (a) Compensatory and punitive damages; (b) Liquidated damages of ten thousand dollars. (B) A plaintiff who prevails in an action under section 4731.861 of the Revised Code is also entitled to reimbursement for the cost of the...

Section 4731.8610 | Pursuit of other remedies and damages.

... Nothing in sections 4731.861 to 4731.8611 of the Revised Code may be construed to prohibit a person from pursuing any other remedies provided in the Revised Code for an assisted reproduction procedure performed without consent.

Section 4731.8611 | Wavier of action against public policy.

... It is declared to be against the public policy of this state for a health care professional or affiliated person to enter into or require a waiver or provision with any patient or other person that limits or waives any of the patient's or other person's claims under section 4731.861, 4731.862, 4731.864, or 4731.865 of the Revised Code or remedies under section 4731.869 or 4731.8610 of the Revised Code. Any such prov...

Section 4731.90 | Protocol for pharmacist to dispense nicotine replacement therapy.

...A physician who has established a protocol that meets the requirements of section 4729.284 of the Revised Code and the rules adopted under that section may authorize one or more pharmacists to use the protocol for the purpose of dispensing nicotine replacement therapy under section 4729.284 of the Revised Code.

Section 4731.91 | No requirement for abortions.

...(A) No private hospital, private hospital director, or governing board of a private hospital is required to permit an abortion. (B) No public hospital, public hospital director, or governing board of a public hospital is required to permit an abortion. (C) Refusal to permit an abortion is not grounds for civil liability nor a basis for disciplinary or other recriminatory action. (D) No person is required to perfor...

Section 4731.911 | Physician responsibilities in a non-hospital setting.

... (A) As used in this section: (1) "Ambulatory surgical facility" has the same meaning as in section 3702.30 of the Revised Code. (2) "Hospital" means a hospital registered with the department of health under section 3701.07 of the Revised Code. (B) A physician who performs or attempts an abortion in an ambulatory surgical facility or other location that is not a hospital and in which a child is born alive shall...

Section 4731.92 | Furnishing or prescribing glucagon, immunity.

... (A) As used in this section, "physician" means an individual authorized under this chapter to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery. (B)(1) Subject to division (B)(2) of this section, and notwithstanding any provision of this chapter or rule adopted by the state medical board, a physician may do either of the following without having examined an individu...

Section 4731.93 | Authority to prescribe or furnish drugs to sexual partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis.

... (A) As used in this section, "physician" means an individual authorized under this chapter to practice medicine and surgery or osteopathic medicine and surgery. (B)(1) Notwithstanding any conflicting provision of this chapter or rule adopted by the state medical board, a physician may issue a prescription for or personally furnish a complete or partial supply of a drug to treat chlamydia, gonorrhea, or trichomon...

Section 4731.95 | Compliance with law regarding sanctions for human trafficking.

...The state medical board shall comply with section 4776.20 of the Revised Code.

Section 4731.96 | Epinephrine autoinjectors.

... (A) As used in this section and section 4731.961 of the Revised Code, "physician" means an individual authorized under this chapter to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery. (B)(1) Subject to division (B)(2) of this section, and notwithstanding any provision of this chapter or rule adopted by the state medical board, a physician may do either of the fol...

Section 4731.961 | Authority to dispense epinephrine without a prescription.

... A physician who has established a protocol that meets the requirements specified by the state board of pharmacy in rules adopted under section 4729.47 of the Revised Code may authorize one or more pharmacists and any of the pharmacy interns supervised by the pharmacist or pharmacists to use the protocol for the purpose of dispensing epinephrine under section 4729.47 of the Revised Code.

Section 4731.97 | Eligible patients.

... (A) As used in this section: (1) "Investigational drug, product, or device" means a drug, product, or device that has successfully completed phase one of United States food and drug administration clinical trials and remains under clinical investigation, but has not been approved for general use by the United States food and drug administration. "Investigational drug, product, or device" does not include controlled...

Section 4731.98 | State medical board - immunity.

...In the absence of fraud or bad faith, the state medical board, a current or former board member, an agent of the board, a person formally requested by the board to be the board's representative, an employee of the board, or a provider of educational and assessment services selected by the board for the quality intervention program shall not be held liable in damages to any person as the result of any act, omission, p...

Section 4731.99 | Penalty.

... (A) Whoever violates section 4731.41, 4731.43, or 4731.60 of the Revised Code is guilty of a felony of the fifth degree on a first offense and a felony of the fourth degree on each subsequent offense. (B) Whoever violates section 4731.49, 4731.50, or 4731.81 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the first degree on each subsequent offense. (C)...

Section 4732.01 | Psychologist definitions.

... As used in this chapter: (A) "Psychologist" means any person who holds self out to the public by any title or description of services incorporating the words "psychologic," "psychological," "psychologist," "psychology," or any other terms that imply the person is trained, experienced, or an expert in the field of psychology. (B) "The practice of psychology" means rendering or offering to render to individuals, ...

Section 4732.02 | Appointment and organization of state board of psychology.

... The governor, with the advice and consent of the senate, shall appoint a state board of psychology consisting of ten persons who are citizens of the United States and residents of this state. Three members shall be patient advocates who are not mental health professionals and who either are parents or other relatives of a person who has received or is receiving mental health services or are representatives of organi...

Section 4732.021 | Conduct involving conflict of interest.

...A member of the state board of psychology shall not engage in any conduct involving a conflict of interest with the member's board duties.

Section 4732.03 | Board organization.

...The state board of psychology shall organize within thirty days after its members have been appointed by the governor. The board shall elect a president and a secretary from its members to serve for terms of one year. The president and the secretary may administer oaths. A majority of the board constitutes a quorum.

Section 4732.05 | Compensation.

... The members of the state board of psychology shall receive an amount fixed under division (J) of section 124.15 of the Revised Code for each day employed in the discharge of their official duties, and their necessary expenses while engaged therein.