State of Emergency Lifted

Gov. Mike DeWine lifted the pandemic state emergency as of today. The State Medical Board posted the following on its website:

In response to the pandemic, the Medical Board temporarily suspended the enforcement of rules that require in-person visits and allowed providers to use telemedicine to safely treat patients. On June 9, the board voted to resume enforcement of these rules and prioritize continuity of care for Ohio patients. Enforcement of these rules were to begin three months after the lifting of the state declaration of emergency. Gov. DeWine has announced that the state emergency order will be lifted on Friday, June 18. The board intends to resume enforcement of these rules on September 17, 2021. The Medical Board will soon provide additional information and resources to clarify Ohio’s telemedicine requirements.

House Health Committee Continues to Debate HB 248

The OOA submitted written testimony to the Ohio House Health Committee in opposition to HB 248, the far-reaching vaccination bill that would damage the current public health framework that prevents outbreaks of potentially lethal disease. The letter reads in part:

The United States has a long-standing safety system in place that ensures vaccines are as safe as possible. Vaccines, like any medication, can cause mild side effects. But a decision not to immunize can involve dangerous or deadly risk—and not only to the patient but also to families and communities. COVID-19 has been devastating. Ohio deaths from COVID-19 has surpassed 20,000 in a little over a year—a greater number than the population of six counties in Ohio. 

As physicians, we believe in science and evidence based medicine. We feel very strongly that vaccinations protect communities.

In addition, the OOA has joined a coalition of nearly 90 organizations and representing some 2 million Ohioans to oppose the bill.

Those who haven’t yet contacted their state representative about the dangers of HB 248 (draft #11) are encouraged to do so. Send an email quickly and easily here. OOA members who are interested in taking an active role on this and other legislative issues can complete the Special Advocate form on the OOA website.

In other Statehouse news, the Ohio House of Representatives voted this week to expel Rep. Larry Householder, who was indicted last year as part of a federal investigation into a $60 million bribery scheme related to passage of HB 6, an energy bill that supported two Ohio nuclear power plants. The vote was 75-21.

The Conference Committee on HB 110 continues to finalize the $75 billion state budget bill. House and Senate legislators must reach a compromise before June 30, the last day of the state fiscal year. Sen. Terry Johnson, DO, added a ‘medical conscience’ clause to the bill that allows doctors, hospitals, and health insurance companies to refuse service or payment if a medical service violates their moral beliefs.

The House Health Committee approved a revised HB 193 on Tuesday. The bill generally limits pharmacist dispensing of schedule II controlled substances to those prescribed electronically, rather than in writing or electronically as under current law. It also establishes the requirement that a prescriber issue an electronic prescription when prescribing a schedule II controlled substance, but also allows for the issuance of a written prescription in specified circumstances.

COVID-19 Updates

As of this afternoon, 47.03% in Ohio have started the vaccine process. That equates to nearly 5.5 million Ohioans. Over 5 million, or 42.96%, have completed the vaccination series.

Ohio’s mass vaccination clinic in Cleveland administered approximately 258,000 doses of vaccine during the course of the 12-week clinic at Cleveland State University’s Wolstein Center. The FEMA-supported clinic was open 12 hours a day, 7 days a week from mid-March until its final day of operations on June 7, 2021. Across the entirety of the clinic, nearly 50 percent of individuals vaccinated reported living in high social vulnerability zip codes. Over the final six weeks of the clinic, that percentage was 68 percent. 

Gov. DeWine released new information this week regarding visitation to nursing homes and assisted living facilities. State regulations which outline how visits should occur have now been removed. This will allow residents to have more than two visitors, and there is no longer a scheduling requirement. Ohio nursing homes are expected to continue to follow federal guidance from the Centers for Medicare & Medicaid Services, and both nursing homes and assisted living facilities will be expected to follow CDC guidance. A testing requirement still remains for staff members who are unvaccinated, and they will need to continue to be tested twice per week.

SMBO Opens Public Comment on Podiatric Scope of Practice

The State Medical Board of Ohio is seeking public comments on podiatric scope of practice to assist with its rule-making process. Under section 121.931, Ohio Revised Code, a party may petition an agency to restate a policy in a rule. In June 2019, SMBO considered a request from a podiatrist as to whether five specific procedures were within the scope of practice of a podiatrist. The Board determined that four of the five procedures were within the scope of practice of a podiatrist. After the Board issued its determination on this issue, concerns were raised with respect to two of the specific procedures that were determined to be within the podiatric scope of practice:

1. Is it permissible for a podiatrist in Ohio to perform a supramalleolar osteotomy of the tibia or fibula to correct a deformity?
2. Is it permissible for a podiatrist in Ohio to harvest bone marrow aspirate from the proximal tibia?

In May 2021, SMBO appeared before the Joint Commission on Agency Rule Review (JCARR) for consideration as to whether the policy determination should be specified in a rule. Prior to receiving the determination from JCARR, the Medical Board decided to commence the rule-making process on this issue. Given the differences from the affected parties, the Board has decided to first solicit comments from interested parties to inform the rule-making process.

These links provide copies of the Medical Board rules related to podiatric scope of practice (4731-20-01 and 4731-20-02) and the June 2019 communication regarding the specific procedures. 

Provide any comments and supporting material that you would like SMBO to consider in drafting rules related to the above-listed specific procedures and whether they are within the scope of practice of a podiatrist. Comments on the proposed rules must be received no later than July 6 to Kimberly.Anderson@med.ohio.gov. Send a copy of your comments also to mattharney@OhioDO.org.

Renew Your License by July 1

Physicians who have licenses that expires during the COVID-19 state of emergency have until July 1 to renew their license. Currently, there are 601 DOs that had their licenses extended to July 1 that need to renew asap!

Retired physicians may apply for emeritus registration. To be eligible for emeritus status, a physician must not have been the subject of disciplinary action in Ohio resulting in the revocation, suspension, probation, reprimand, or any other limitation.

To apply, make a note on your registration form or send a letter to the Board.

Buy a Coat, Welcome a Medical Student

All first-year medical students at Ohio University Heritage College of Osteopathic Medicine receive their short white coat compliments of the OOA and Ohio Osteopathic Foundation. It is a gift from their professional family to commemorate the beginning of their academic career as an osteopathic medical student.

OOA members and friends are invited to personally welcome the new students by sponsoring the purchase of a coat and writing a short note to the recipient. Your message will be printed on an OOA notecard and tucked into the coat pocket.

Make your donation online in an increment of $45 to the Student White Coat Fund and write your message in the comment box.