(3) Failure by an individual to renew a license or certificate to practice in accordance with this chapter or a certificate to recommend in accordance with rules adopted under section 4731.301 of the Revised Code shall not remove or limit the board's jurisdiction to take any disciplinary action under this section against the individual. Reinstatement of a license or certificate suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board. How does the board learn about possible violations? Written allegations shall be prepared for consideration by the board.
Ohio medical board disciplinary action - Ohio Medical Board Defense (E) The sealing of conviction records by any court shall have no effect upon a prior board order entered under this section or upon the board's jurisdiction to take action under this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal the records. Type in the doctor's first and last name.
OVMLB - Ohio Treatment and Compliance .
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(27) A second or subsequent violation of section 4731.66 or 4731.69 of the Revised Code; (28) Except as provided in division (N) of this section: (a) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that individual; (b) Advertising that the individual will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation. (6) On a quarterly basis, the board shall prepare a report that documents the disposition of all cases during the preceding three months. endobj
Attorney Beth Collis, of Collis Law Group LLC, was quoted in a Medscape article titled The Dangers of a Medical Board Investigation: How to Protect Yourself.
PDF Ohio Revised Code Section 4760.13 Disciplinary actions. Ohio Reporting Statute - Horty Springer Yesterday, I attended theBoardsOctober Board meeting. Share sensitive information only on official, secure websites. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act or if no hearing is requested, the board may order any of the sanctions identified under division (B) of this section. By filing an application for or holding a license or certificate to practice under this chapter, an individual shall be deemed to have given consent to submit to a mental or physical examination when ordered to do so by the board in writing, and to have waived all objections to the admissibility of testimony or examination reports that constitute privileged communications. endstream
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<. (I) The license or certificate to practice issued to an individual under this chapter and the individual's practice in this state are automatically suspended as of the date of the individual's second or subsequent plea of guilty to, or judicial finding of guilt of, a violation of section 2919.123 or 2919.124 of the Revised Code. hbbd``b`$gf How long does it take the board to investigate a complaint? Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of February 8, 2023. Once a complaint is assigned to an investigator, it becomes an investigative case. %%EOF
YouTubes privacy policy is available here and YouTubes terms of service is available here. The Medical Board is required by state law to maintain the confidentiality of all information related to Board investigations. An individual who participates in an individual educational program pursuant to this division shall pay the financial obligations arising from that educational program. (2) An application for a license or certificate made under the provisions of this chapter may not be withdrawn without approval of the board. The expense of the examination is the responsibility of the individual compelled to be examined.
PDF State Medical Board of Ohio Formal Action Report - June 8, 2022 The State Medical Board of Ohio (Medical Board) has the legal authority to investigate complaints and impose discipline against its licensees, including, but not limited to, Doctor of Medicine and Doctors of Osteopathy. (4) All hearings, investigations, and inspections of the board shall be considered civil actions for the purposes of section 2305.252 of the Revised Code. Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of June 8, 2022. For more information about the Medical Board's Hearing Process, visit State Medical Board of Ohio's Hearing Process Too many physicians think they dont need a lawyer and can just talk the Board investigators into dropping the complaint. The investigator may contact the SOI by telephone to schedule an interview. Generally, disciplinary actions must be taken pursuant to an adjudication under the Administrative Procedure Act.45 Also pursuant to an adjudication under the Administrative Procedure Act, in addition to the discipline described above, the Medical Board may impose civil penalties against CMHAs for The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. "The public has a right to know what we do," Wehrle says. The Board is responsible to investigate complaints against applicants and licensees and to take disciplinary action against those who violate the public health and safety standards. If a licenseeissubject to discipline by the Medical Board, the licenseeshould be provided with the opportunity to present their defense andlisten to the questions and concerns of the Board Members before a sanction, if any, is imposed. If there is a charge, an invoice will be sent with the documents. What is the State Medical Board of Ohio, and what does it do? Not all complaints result in an investigation or discipline. The State Medical Board of Ohio ("Medical Board") is authorized to take disciplinary action against a licensee based on a violation of Ohio Revised Code Section 4731.22 (B). Home Medical Equipment; Verify License; Laws & Rules. On December 15, 2020, the Ohio Supreme Court ruled 6-1 that a physicians admissions made to an Ohio Medical Board investigator can be used against the physician in his criminal trial. An agency or board that receives the information shall comply with the same requirements regarding confidentiality as those with which the state medical board must comply, notwithstanding any conflicting provision of the Revised Code or procedure of the agency or board that applies when it is dealing with other information in its possession. Suspension for a minimum of one year; terms and conditions. This report includes national physician disciplinary statistics in a variety of categories for the year 2021. Upon receipt of a petition of that nature and supporting court documents, the board shall reinstate the individual's license or certificate to practice. The summary and any objections are sent to the board, which then takes action. The Medical Board meets each month in the Administrative Hearing Room on the 3rd floor of the Rhodes Office Tower, 30 East Broad Street, Columbus, Ohio. If the doctor requests a hearing, an assistant attorney general presents the board's allegations and the doctor presents his or her case. Download Chrome . If a doctor is licensed in more than one state, another state can letOhio's board know aboutaction taken there.
Recent Board Actions | Ohio Board of Nursing The board, upon review of those allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license or certificate without a prior hearing. Gideon, who was aware of the Ohio Medical Board legal requirement to cooperate with and provide truthful answers to the investigator, admitted to touching certain areas on the patients and succumbing to temptation. endobj
Then a hearing examiner -- who is a lawyer -- prepares a summary and analysis of the evidence and sends it to the doctor, who has 10 days to file any objections. The reports shall be made by individuals or providers approved by the board for making the assessments and shall describe the basis for their determination. In 2017, three patients accused Dr. James Gideon of inappropriate touching during office visits. The State Medical Board of Ohio ("Medical Board") is authorized to take disciplinary action against a licensee based on a violation of Ohio Revised Code Section 4731.22(B). The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. Many believe that all deliberations of Board Members should be behind closed doors. These included 796 suspensions, 764. endobj
Upon termination of Suspension, Probation will be imposed for a minimum of three years; terms and conditions. Can I trust the board to take action if most members are doctors and it's funded 100 percent by license fees from health care professionals? (a) Before issuance of a subpoena for patient record information, the secretary and supervising member shall determine whether there is probable cause to believe that the complaint filed alleges a violation of this chapter or any rule adopted under it and that the records sought are relevant to the alleged violation and material to the investigation. Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of August 12, 2020. endstream
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And how? At trial, he argued that the statements he made to the investigator should be suppressed based on the Fifth Amendment protection from being forced to incriminate himself. If the person being served refuses to accept the subpoena or is not located, service may be made to an attorney who notifies the board that the attorney is representing the person. 2023 Advance Local Media LLC. A doctor with an alcohol problem, for example, is typically required to attend AA meetings, submit to urine screenings and make periodic appearances before the board to verify that he or she is complying with the terms of probation. Does the board monitor doctors after action has been taken? All members are appointed by the governor, with approval from the state Senate. %
Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of October 14, 2020. What does all that mean to you, the patient? If the investigation does not justify formal action, but does leave the Board with concerns, the Board may recommend remedial education or caution the SOI regarding problematic activities. I am always appreciativeto learnthat the Board Members have read the Report and Recommendation of the disciplinary hearings, reviewed all the exhibits, and carefully consider each case.
PDF S.B. 60 Bill Analysis 135th s Fiscal Note - Legislature.ohio.gov When should you do that? About. 0
The files below can be opened in your browser or downloaded to your computer. In 2010, the most recent data available, the Ohio board took 5.36 serious disciplinary actions for every 1,000 doctors practicing in the state. A telephone conference call may be utilized for acceptance of the surrender of an individual's license or certificate to practice. Those that post the most risk to patients -- doctors practicing while impaired by alcohol or drugs, for example -- receive the highest priority.
How to Check Out a Doctor for Medical Malpractice - Verywell Health (D) For purposes of divisions (B)(10), (12), and (14) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the individual committed the act. According to 2017 statistics from the Federation of State Medical Boards (FSMB) (the most recent available), state boards took 8813 actions that year. More Local News to Love Start today for 50% off Expires 3/6/23. If the Medical Board is truly conducting an investigation and that individual faces action against their license, they will receive an official notice of opportunity for a hearing either via certified mail or by personal service. (6) 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; (7) Representing, with the purpose of obtaining compensation or other advantage as personal gain or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured; (8) The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice; (9) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony; (10) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed; (11) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice; (12) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed; (13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude; (14) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed; (15) Violation of the conditions of limitation placed by the board upon a license or certificate to practice; (16) Failure to pay license renewal fees specified in this chapter; (17) Except as authorized in section 4731.31 of the Revised Code, engaging in the division of fees for referral of patients, or the receiving of a thing of value in return for a specific referral of a patient to utilize a particular service or business; (18) Subject to section 4731.226 of the Revised Code, violation of any provision of a code of ethics of the American medical association, the American osteopathic association, the American podiatric medical association, or any other national professional organizations that the board specifies by rule. It's available online at no charge. . In enforcing this division, the board, upon a showing of a possible violation, may compel any individual authorized to practice by this chapter or who has submitted an application pursuant to this chapter to submit to a mental examination, physical examination, including an HIV test, or both a mental and a physical examination. "And then they're going to have to lay off their staff and they're not going to have the capacity to investigate and decide what action should be taken," Wolfe says. The Board plays a critical role in impacting the safety of nursing care that touches virtually all Ohioans. ;>=aEaR.Xb4`?|vs|qQ83"bF0Qv>8G[Rab:.4bgOXgEYjEILB*5vUu>:O.NYbUF!Eh$3Q&A+[q0h}7djSV5bJ2]'JW:K.
PDF State Medical Board of Ohio Formal Action Report - October 14, 2020 In many cases, yes. The report is then routed to the Boards Secretary and Supervising Member for review. In other cases, though, you can find more than 100 pages of documents spelling out what action was taken, when it was taken and why. The State Medical Board of Ohio licenses and oversees the practice of medicine in Ohio. The demonstration shall include, but shall not be limited to, the following: (a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment; (b) Evidence of continuing full compliance with an aftercare contract or consent agreement; (c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. Letter of Good Standing . When serving a subpoena to an applicant for or the holder of a license or certificate issued under this chapter, service of the subpoena may be made by certified mail, return receipt requested, and the subpoena shall be deemed served on the date delivery is made or the date the person refuses to accept delivery. In the end, disciplinary action is taken against less than 1 percent of doctors. The national average was 2.97 serious actions for every 1,000 doctors.
Dangers of a Medical Board Investigation: How to Protect Yourself A lock or https:// means you've safely connected to the .gov website. <>
On appeal, the appeals court ruled that the trial court should have suppressed the incriminating statements because his statements were not voluntary. Upon receipt of the complaint, the investigator may decide to gather preliminary information before contacting the Subject of Investigation (SOI). For the purposes of this division, any individual authorized to practice by this chapter accepts the privilege of practicing in this state subject to supervision by the board. As always, if you have any questions about this blog or the State Medical Board of Ohio, please feel free to contact one of the attorneys at Collis Law Group LLC at (614) 486-3909 or email me at Beth@collislaw.com. The board has jurisdiction under those divisions if the trial court issues an order of dismissal upon technical or procedural grounds. If it has reason to believe that any individual authorized to practice by this chapter or any applicant for licensure or certification to practice suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. This story focuses on doctors, but the State Medical Board of Ohio also licenses physician assistants, massage therapists, cosmetic therapists, anesthesiologist assistants, radiologist assistants and acupuncturists. PRE-HEARING SUSPENSIONS . (O) Under the board's investigative duties described in this section and subject to division (F) of this section, the board shall develop and implement a quality intervention program designed to improve through remedial education the clinical and communication skills of individuals authorized under this chapter to practice medicine and surgery, osteopathic medicine and surgery, and podiatric medicine and surgery. Board Laws & Rules; Ohio Revised Code; Ohio Administrative Code; Code of Federal Regulations; Rule Changes; Proposed Rules; Pharmacist Workload Advisory Committee; . While the overwhelming majority of Ohio nurses practice with high standards, the actions or deficient practice of some have the potential to compromise patient safety and the publics confidence in the profession. Because the Board conducts thorough and just investigations, an average time for follow-up contacts is not easily determined. Failure to meet minimal standards of care in treating patients -- for example, not following up on a patient's test results. You can use the keyboard shortcut Control+F, or Command+F on a Mac, to open a search box. A lock or https:// means you've safely connected to the .gov website. Falsifying information or fraud, such as billing for procedures that were never performed. Cookie Settings/Do Not Sell My Personal Information.
FSMB | Physician Discipline - Federation of State Medical Boards Board meetings, including discussion of the cases, are open to the public. (20) Except as provided in division (F)(1)(b) of section 4731.282 of the Revised Code or when civil penalties are imposed under section 4731.225 of the Revised Code, and subject to section 4731.226 of the Revised Code, violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any rule promulgated by the board. Monthly Formal Actions . Ms. Collis warns physicians against ignoring inquiries from the Board, or from talking to the Board without counsel. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. BOOMERSHINE, Duane, L.M.T., (#33.023641) - Greenville, Ohio . The Board Members do not hold back in their questions, concerns or comments while deliberating the sanction that should be imposed in a given case. If you would like to verify the identity of a State Medical Board of Ohio investigator, please email a regional supervisor directly: The State Medical Board of Ohios purpose is to protect the public. 4 0 obj
If allegations pose a serious risk to the public, the complaint may be sent directly to the Enforcement section attorneys for review. 365 0 obj
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Then the cost is five cents a page, plus postage and shipping. If you have any questions about this article or the State Medical Board of Ohio, please feel free to contact attorney Beth Collis at (614) 628-6945, or attorney Todd Collis at (614) 628-6962. What types of violations can a doctor be disciplined for? If an individual whose license or certificate is automatically suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall do whichever of the following is applicable: (1) If the automatic suspension under this division is for a second or subsequent plea of guilty to, or judicial finding of guilt of, a violation of section 2919.123 or 2919.124 of the Revised Code, the board shall enter an order suspending the individual's license or certificate to practice for a period of at least one year or, if determined appropriate by the board, imposing a more serious sanction involving the individual's license or certificate to practice. Of the approximately 60,000 licensees regulated by the Board, about 40,000 . Prescribing drugs inappropriately or without a legitimate reason. Send your request to Sallie Debolt, General Counsel, State Medical Board of Ohio, 30 E. Broad St., Third Floor, Columbus, OH 43215-6127. Date: 8/31/2020 . If you're asked to log in with an OHID - the state's best-of-breed digital identity - your privacy, data, and personal information are protected by all federal and state digital security guidelines. (B) Except as provided in division (P) of this section, the board, by an affirmative vote of not fewer than six members, shall, to the extent permitted by law, limit, revoke, or suspend a license or certificate to practice or certificate to recommend, refuse to issue a license or certificate, refuse to renew a license or certificate, refuse to reinstate a license or certificate, or reprimand or place on probation the holder of a license or certificate for one or more of the following reasons: (1) Permitting one's name or one's license or certificate to practice to be used by a person, group, or corporation when the individual concerned is not actually directing the treatment given; (2) Failure to maintain minimal standards applicable to the selection or administration of drugs, or failure to employ acceptable scientific methods in the selection of drugs or other modalities for treatment of disease; (3) Except as provided in section 4731.97 of the Revised Code, selling, giving away, personally furnishing, prescribing, or administering drugs for other than legal and legitimate therapeutic purposes or a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction of, a violation of any federal or state law regulating the possession, distribution, or use of any drug; (4) Willfully betraying a professional confidence. How Disciplinary Information is Collected
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@`Lp.~{ 3023 & (19) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor, or perceptive skills. Each complaint or allegation of a violation received by the board shall be assigned a case number and shall be recorded by the board.
PDF State Medical Board of Ohio Formal Action Report - August 12, 2020 In developing and implementing the quality intervention program, the board may do all of the following: (1) Offer in appropriate cases as determined by the board an educational and assessment program pursuant to an investigation the board conducts under this section; (2) Select providers of educational and assessment services, including a quality intervention program panel of case reviewers; (3) Make referrals to educational and assessment service providers and approve individual educational programs recommended by those providers. The board shall conduct all investigations or inspections and proceedings in a manner that protects the confidentiality of patients and persons who file complaints with the board. The president may designate another member of the board to supervise the investigation in place of the supervising member. Admissions to Board Investigator Can Be Used Against Physician in Criminal Trial, physician discipline by Ohio Medical Board, Attorney Beth Collis quoted in Medscape article on Medical Board investigations, The Dangers of a Medical Board Investigation: How to Protect Yourself, https://www.medscape.com/viewarticle/899247_2. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. File a Complaint . Reinstatement of a license or certificate surrendered to the board requires an affirmative vote of not fewer than six members of the board. For more information about the Medical Boards Hearing Process, visit. That depends on the case. 2022. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or certificate or deny the individual's application and shall require the individual, as a condition for initial, continued, reinstated, or renewed licensure or certification to practice, to submit to treatment. Minutes of board meetings, correspondence between the doctor and the board and legal documents are posted on the website as well. (29) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code; (30) Failure to provide notice to, and receive acknowledgment of the notice from, a patient when required by section 4731.143 of the Revised Code prior to providing nonemergency professional services, or failure to maintain that notice in the patient's medical record; (31) Failure of a physician supervising a physician assistant to maintain supervision in accordance with the requirements of Chapter 4730. of the Revised Code and the rules adopted under that chapter; (32) Failure of a physician or podiatrist to enter into a standard care arrangement with a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner with whom the physician or podiatrist is in collaboration pursuant to section 4731.27 of the Revised Code or failure to fulfill the responsibilities of collaboration after entering into a standard care arrangement; (33) Failure to comply with the terms of a consult agreement entered into with a pharmacist pursuant to section 4729.39 of the Revised Code; (34) Failure to cooperate in an investigation conducted by the board under division (F) of this section, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board in an investigative interview, an investigative office conference, at a deposition, or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue; (35) Failure to supervise an acupuncturist in accordance with Chapter 4762. of the Revised Code and the board's rules for providing that supervision; (36) Failure to supervise an anesthesiologist assistant in accordance with Chapter 4760. of the Revised Code and the board's rules for supervision of an anesthesiologist assistant; (37) Assisting suicide, as defined in section 3795.01 of the Revised Code; (38) Failure to comply with the requirements of section 2317.561 of the Revised Code; (39) Failure to supervise a radiologist assistant in accordance with Chapter 4774. of the Revised Code and the board's rules for supervision of radiologist assistants; (40) Performing or inducing an abortion at an office or facility with knowledge that the office or facility fails to post the notice required under section 3701.791 of the Revised Code; (41) Failure to comply with the standards and procedures established in rules under section 4731.054 of the Revised Code for the operation of or the provision of care at a pain management clinic; (42) Failure to comply with the standards and procedures established in rules under section 4731.054 of the Revised Code for providing supervision, direction, and control of individuals at a pain management clinic; (43) Failure to comply with the requirements of section 4729.79 or 4731.055 of the Revised Code, unless the state board of pharmacy no longer maintains a drug database pursuant to section 4729.75 of the Revised Code; (44) Failure to comply with the requirements of section 2919.171, 2919.202, or 2919.203 of the Revised Code or failure to submit to the department of health in accordance with a court order a complete report as described in section 2919.171 or 2919.202 of the Revised Code; (45) Practicing at a facility that is subject to licensure as a category III terminal distributor of dangerous drugs with a pain management clinic classification unless the person operating the facility has obtained and maintains the license with the classification; (46) Owning a facility that is subject to licensure as a category III terminal distributor of dangerous drugs with a pain management clinic classification unless the facility is licensed with the classification; (47) Failure to comply with any of the requirements regarding making or maintaining medical records or documents described in division (A) of section 2919.192, division (C) of section 2919.193, division (B) of section 2919.195, or division (A) of section 2919.196 of the Revised Code; (48) Failure to comply with the requirements in section 3719.061 of the Revised Code before issuing for a minor a prescription for an opioid analgesic, as defined in section 3719.01 of the Revised Code; (49) Failure to comply with the requirements of section 4731.30 of the Revised Code or rules adopted under section 4731.301 of the Revised Code when recommending treatment with medical marijuana; (50) Practicing at a facility, clinic, or other location that is subject to licensure as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification unless the person operating that place has obtained and maintains the license with the classification; (51) Owning a facility, clinic, or other location that is subject to licensure as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification unless that place is licensed with the classification; (52) A pattern of continuous or repeated violations of division (E)(2) or (3) of section 3963.02 of the Revised Code; (53) Failure to fulfill the responsibilities of a collaboration agreement entered into with an athletic trainer as described in section 4755.621 of the Revised Code; (54) Failure to take the steps specified in section 4731.911 of the Revised Code following an abortion or attempted abortion in an ambulatory surgical facility or other location that is not a hospital when a child is born alive.