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Dinsmore & Shohl LLP | November 2020

The Ohio Department of Health’s July 23, 2020 Order regarding facial covering mandates has been amended in light of the increasing number of COVID-19 cases in Ohio. The order became effective today, Nov. 16, 2020. See the order here. This new order includes the following additional mandates for retail stores (enterprises offering goods to the public) only. 1. Each business will be required to post at all public entrances to the store: A. A face covering requirement sign; B ...

Dinsmore & Shohl LLP | November 2023

On November 7, 2023 Ohio voters approved the Issue 2 ballot initiative, which will make substantial revisions to Ohio’s cannabis laws[1] and make Ohio the 24th state[2] to legalize recreational marijuana. Issue 2 was introduced by the Coalition to Regulate Marijuana Like Alcohol which, according to the group, sought to legalize and regulate the cultivation, manufacturing, testing and sale of marijuana and marijuana products to adults and also legalize home grow for adults ...

Dinsmore & Shohl LLP | November 2023

On November 7, 2023, Ohio voters passed Issue 1, the Right to Reproductive Freedom with Protections for Health and Safety, to establish the constitutional right to certain reproductive decisions. The new right will be enshrined in Section 22 of Article 1 of the Ohio Constitution, and will become effective within 30 days after the election. The passage of Issue 1 establishes in the Ohio Constitution an individual’s right to one’s own reproductive medical treatment ...

Dinsmore & Shohl LLP | September 2021

Home health care is one of Ohio’s fastest-growing occupations. To date, the agencies providing skilled home health care, non-medical home health/personal care services, and non-agency providers of nonmedical home health/personal care services have been unlicensed in Ohio ...

Dinsmore & Shohl LLP | October 2017

The Ohio Supreme Court recently upheld a trial court decision that a health care provider’s statements of fault or admissions of liability made during the course of apologizing to a patient’s family were protected under Ohio’s apology statute, R.C. 2317.43. This decision broadens the definition of apology under Ohio law and provides greater protection to health care providers who make statements of apology. Stewart v. Vivian, Slip Opinion No. 2017-Ohio-7526 ...

Dinsmore & Shohl LLP | March 2020

The Ohio State Dental Board (“Dental Board”) issued a COVID-19 advisory Monday, March 16, 2020, at the direction and request of Governor Mike DeWine ...

Dinsmore & Shohl LLP | July 2024

Recently, the Ohio General Assembly passed a bill, Substitute S.B. 40, which will enter Ohio as a party to the new Dentist and Dental Hygienist Compact, and ultimately allow dentists and hygienists practicing in other compact states to practice in Ohio. This summer, the compact will form its commission, and will continue to work on operationalizing into 2025 before officially opening privilege applications ...

Dinsmore & Shohl LLP | December 2017

Ohio prescribers need to be aware of new rules for prescribing controlled substances that will take effect on December 29, 2017. First, prescribers will be required to include the first four characters of the ICD-10 diagnosis code or the full CDT procedure code on all prescriptions for opioids.[1] Similarly, beginning June 1, 2018, prescribers will need to include the ICD-10 diagnosis or CPT procedure code on prescriptions for all other controlled substances ...

Dinsmore & Shohl LLP | December 2020

The Ohio Board of Pharmacy (Board) recently issued updated guidance detailing certain conduct pharmacists and other regulated personnel (Licensees) must report to the Board ...

Dinsmore & Shohl LLP | December 2021

Prior to the onset of the COVID-19 pandemic, the use of telehealth across Ohio and the United States was steadily increasing. However, out of necessity over the last two years, telehealth has expanded exponentially in order to reduce risks of COVID-19 transmission to practitioners and patients alike. Nearly overnight, the health care community was forced to change the way services were accessed, delivered, and received ...

Dinsmore & Shohl LLP | September 2020

On Sept. 14, 2020, Ohio Governor Mike DeWine signed into law a bill, which provides significant protections against tort claims arising from COVID-19 to all entities, including individuals, businesses, health care providers, property owners, government entities, churches, and schools. Amended Sub ...

Dinsmore & Shohl LLP | August 2022

Ohio’s “Heartbeat” Bill became law in Ohio when the U.S. District Court, Southern District of Ohio lifted its long pending injunction after the Supreme Court overturned Roe v. Wade ...

Dinsmore & Shohl LLP | April 2023

Ohio legislators are once again attempting to transform the state’s medical marijuana control program after a similar effort stalled out last year. Proponents of the proposed legislation, Senate Bill 9, seek to expand medical marijuana access to Ohioans and revamp the structure of the current program. The proposal would establish the Division of Marijuana Control (“DMC”) under the Department of Commerce ...

Dinsmore & Shohl LLP | July 2019

Legislation Aligns State and Federal Laws On July 17, 2019, Ohio lawmakers passed Senate Bill (S.B.) No. 57, which decriminalizes hemp and creates licensure programs for those wanting to cultivate or process hemp and hemp byproducts.  Ohio was one of the few states that did not update its statutes to align with federal regulations following the passage of the 2018 Farm Bill, which removed hemp as a controlled substance at the federal level ...

Dinsmore & Shohl LLP | October 2020

Ohio legislators recently introduced proposed H.B. 679, expanding telehealth services. As a result of the COVID-19 pandemic, telehealth has become more prevalent and necessary. Ohio lawmakers realize telehealth is only going to become more widespread in the future, as patient usage and acceptance continue to grow. If enacted, H.B ...

Dinsmore & Shohl LLP | June 2020

The Ohio House of Representatives has voted overwhelmingly in favor of House Bill 606, known as the “Good Samaritan Expansion Bill.” The bill grants temporary immunity from civil liability and professional disciplinary actions to a wide range of health care providers for injury, death, or damages arising from health care services rendered in response to the COVID-19 pandemic ...

Dinsmore & Shohl LLP | October 2023

Tucked away in the recent Ohio Budget Bill, House Bill 33, were statutory changes that expand and modernize the statutes related to physicians and other health care professionals licensed by the State Medical Board of Ohio (Board) ...

Dinsmore & Shohl LLP | February 2019

Senate Bill 273 goes into effect on March 20, 2019, and creates new requirements for Ohio insurance companies, including health insurance plans, to develop and implement specific information security programs to safeguard nonpublic business and personal information. Senate Bill 273 is based upon the National Association of Insurance Commissioners’ Insurance Data Security Model Law (also referred to as "MDL-668") ...

Dinsmore & Shohl LLP | March 2020

Ohio continues to be a leader in proactive restrictions to stop the spread of COVID-19 and securing the resources necessary to do so. On March 17, 2020, Ohio Governor Mike DeWine and Ohio Department of Health (ODH) Director Amy Acton, MD, MPH announced an ODH Order requiring the cancellation of all non-essential or elective surgeries or procedures that use personal protective equipment (PPE). This Order is effective at 5:00 p.m., Wednesday, March 18, 2020 ...

Dinsmore & Shohl LLP | July 2019

On July 23, 2019, the Ohio Department of Commerce will conduct a public hearing regarding proposed amendments to several Medical Marijuana Control Program rules. The Medical Marijuana Control Program allows individuals with specified medical conditions, upon the recommendation of an Ohio-licensed physician, to purchase and use medical marijuana. The rules govern the activities of medical marijuana cultivators, processors, and testing laboratories ...

Dinsmore & Shohl LLP | July 2021

Late amendments to Ohio’s budget bill (Am. Sub. H. B. 110[1]) set the stage to disrupt Ohio’s health care business community and alter health care oversight, operations and quality in the state. The new law provides moral, ethical, and religious grounds to refuse health care, and in doing so, affords unprecedented rights and protections that stand to impact the Ohio health care community in a myriad of ways ...

Dinsmore & Shohl LLP | July 2023

As the latest signal in the priority of the Duty to Report in Ohio, the State Medical Board has updated its Duty to Report video.[1]  The video is offered by the Board for physicians to fulfill the mandatory continuing medical education (CME) component of the license renewal process in Ohio. Introduced in a new regulation on May 31, 2021,[2] the Board began mandating one hour of CME on the topic of the legal duty to report misconduct ...

The Ohio Board of Pharmacy recently announced it will award up to an additional 73 dispensary licenses across Ohio. Dispensary licenses will be awarded through an application and lottery process that is expected to be finalized during the spring or summer of 2021. This expansion will bring the total number of dispensary licenses in Ohio to 130 and is expected to ameliorate patient dissatisfaction with regards to the price of medical marijuana products and lack of equal access ...

Dinsmore & Shohl LLP | December 2019

The Ohio Board of Pharmacy (“Board of Pharmacy”) recently issued a notice to all Board of Pharmacy licensees to be on alert for a scam being perpetrated against Ohio health care providers ...

Ohio lawmakers are considering a bill – House Bill 89 – that would bar medical, nursing, and other medical-professional students from performing pelvic, prostate, or rectal exams on anesthetized or otherwise unconscious patients without prior approval.[1] Intimate exams are used in clinical rotations as an opportunity for training, but opposition to the practice involving unconscious and uninformed patients has grown in recent years ...

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