Ohio Admin. Code 4731-26-03 - Violations, miscellaneous
(A) Except as provided in paragraph (C) of
this rule, a violation of rule
4731-26-02 of the
Administrative Code, as determined by the board, shall constitute the
following:
(3)
(4) For an
anesthesiologist assistant, "a departure from, or failure to conform to,
minimal standards of care of similar practitioners under the same or similar
circumstances whether or not actual injury to the patient is established," as
that clause is used in division (B)(4) of section
4760.13
of the Revised Code.
(4)
(6) For an
acupuncturist or oriental medicine
practitioner, a "departure from, or failure to conform to, minimal
standards of care of similar practitioners under the same or similar
circumstances whether or not actual injury to the patient is established," as
that clause is used in division (B)(4) of section
4762.13
of the Revised Code.
(5)
(7) For a radiologist assistant, a "departure from, or
failure to conform to, minimal standards of care of similar practitioners under
the same or similar circumstances whether or not actual injury to the patient
is established," as that clause is used in division (B)(4) of section
4774.13
of the Revised Code.
(6)
(8) For a genetic counselor, a "departure from, or
failure to conform to, minimal standards of care of similar practitioners under
the same or similar circumstances whether or not actual injury to the patient
is established," as that clause is used in division (B)(4) of section
4778.14
of the Revised Code.
(1) For a physician,
or massage
therapist, or cosmetic therapist, "a
departure from, or the failure to conform to, minimal standards of care of
similar practitioners under the same or similar circumstances, whether or not
actual injury to a patient is established," as that clause is used in division
(B)(6) of section
4731.22
of the Revised Code.
(2) For a
physician assistant, "a departure from, or failure to conform to, minimal
standards of care of similar physician assistants under the same or similar
circumstances, regardless of whether actual injury to a patient is established,
as that clause is used in division (B)(19) of section
4730.25
of the Revised Code.
(3)
For a dietitian, "a departure from, or failure to
conform to, minimal standards of care of similar practitioners under the same
or similar circumstances, whether or not actual injury to a patient is
established" as that clause is used in division (A)(11) of section
4759.07
of the Revised Code.
(5)
For a respiratory care professional or limited permit
holder, "a departure from, or a failure to conform to, minimal standards of
care of similar practitioners under the same or similar circumstances, whether
or not actual injury to a patient is established", as that clause is used in
division (A)(10) of section
4761.09
of the Revised Code.
(B)
Where the alleged conduct does not in itself constitute sexual misconduct, as
defined in paragraph (H) of rule
4731-26-01 of the
Administrative Code, the board may consider expert testimony or other evidence
in making its determination as to whether the conduct of the licensee
constitutes sexual misconduct.
(C)
Nothing in this rule shall limit the board's authority to investigate and take
action under section
4730.25,
4731.22,
4759.07,
4760.13,
4761.09,
4762.13,
4774.13
or
4778.14
of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4730.07, 4731.05, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Rule Amplifies: 4730.25, 4731.22, 4759.07, 4760.13, 4761.09, 4762.13, 4774.13, 4778.14
Prior Effective Dates: 11/30/2000, 11/30/2010, 06/30/2016
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.