Ohio Code 4731.297 – Certificate of conceded eminence
(A) As used in this section:
Terms Used In Ohio Code 4731.297
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Graduate medical education: means education received through any of the following:
(1) An internship, residency, or clinical fellowship program conducted in the United States and accredited by either the accreditation council for graduate medical education of the American medical association or the American osteopathic association;
(2) A clinical fellowship program that is not accredited as described in division (B)(1) of this section, but is conducted in the United States at an institution with a residency program that is accredited as described in that division and is in a clinical field the same as or related to the clinical field of the fellowship program;
(3) An internship program conducted in Canada and accredited by the committee on accreditation of preregistration physician training programs of the federation of provincial medical licensing authorities of Canada;
(4) A residency program conducted in Canada and accredited by either the royal college of physicians and surgeons of Canada or the college of family physicians of Canada. See Ohio Code 4731.04
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(1) “Academic medical center” means a medical school and its affiliated teaching hospitals and clinics partnering to do all of the following:
(a) Provide the highest quality of patient care from expert physicians;
(b) Conduct groundbreaking research leading to medical advancements for current and future patients;
(c) Provide medical education and graduate medical education to educate and train physicians.
(2) “Affiliated physician group practice” means a medical practice that consists of one or more physicians authorized under this chapter to practice medicine and surgery or osteopathic medicine and surgery and that is affiliated with an academic medical center to further the objectives described in divisions (A)(1)(a) to (c) of this section.
(B) The state medical board shall issue, without examination, to an applicant who meets the requirements of this section a certificate of conceded eminence authorizing the practice of medicine and surgery or osteopathic medicine and surgery as part of the applicant’s employment with an academic medical center in this state or affiliated physician group practice in this state.
(C) To be eligible for a certificate of conceded eminence, an applicant shall provide to the board all of the following:
(1) Evidence satisfactory to the board of all of the following:
(a) That the applicant is an international medical graduate who holds a medical degree from an educational institution listed in the international medical education directory;
(b) That the applicant has been appointed to serve in this state as a full-time faculty member of a medical school accredited by the liaison committee on medical education or an osteopathic medical school accredited by the American osteopathic association;
(c) That the applicant has accepted an offer of employment with an academic medical center in this state or affiliated physician group practice in this state;
(d) That the applicant holds a license in good standing in another state or country authorizing the practice of medicine and surgery or osteopathic medicine and surgery;
(e) That the applicant has unique talents and extraordinary abilities not generally found within the applicant’s specialty, as demonstrated by satisfying at least four of the following:
(i) The applicant has achieved educational qualifications beyond those that are required for entry into the applicant’s specialty, including advanced degrees, special certifications, or other academic credentials.
(ii) The applicant has written multiple articles in journals listed in the index medicus or an equivalent scholarly publication acceptable to the board.
(iii) The applicant has a sustained record of excellence in original research, at least some of which involves serving as the principal investigator or co-principal investigator for a research project.
(iv) The applicant has received nationally or internationally recognized prizes or awards for excellence.
(v) The applicant has participated in peer review in a field of specialization that is the same as or similar to the applicant’s specialty.
(vi) The applicant has developed new procedures or treatments for complex medical problems that are recognized by peers as a significant advancement in the applicable field of medicine.
(vii) The applicant has held previous academic appointments with or been employed by a health care organization that has a distinguished national or international reputation.
(viii) The applicant has been the recipient of a national institutes of health or other competitive grant award.
(f) That the applicant has received staff membership or professional privileges from the academic medical center pursuant to standards adopted under section 3701.351 of the Revised Code on a basis that requires the applicant’s medical education and graduate medical education to be at least equivalent to that of a physician educated and trained in the United States;
(g) That the applicant has sufficient written and oral English skills to communicate effectively and reliably with patients, their families, and other medical professionals;
(h) That the applicant will have professional liability insurance through the applicant’s employment with the academic medical center or affiliated physician group practice.
(2) An attestation that the applicant agrees to practice only within the clinical setting of the academic medical center or for the affiliated physician group practice;
(3) Three letters of reference from distinguished experts in the applicant’s specialty attesting to the unique capabilities of the applicant, at least one of which must be from outside the academic medical center or affiliated physician group practice;
(4) An affidavit from the dean of the medical school where the applicant has been appointed to serve as a faculty member stating that the applicant meets all of the requirements of division (C)(1) of this section and that the letters of reference submitted under division (C)(3) of this section are from distinguished experts in the applicant’s specialty, and documentation to support the affidavit;
(5) A fee of one thousand dollars for the certificate.
(D)(1) The holder of a certificate of conceded eminence may practice medicine and surgery or osteopathic medicine and surgery only within the clinical setting of the academic medical center with which the certificate holder is employed or for the affiliated physician group practice with which the certificate holder is employed.
(2) A certificate holder may supervise medical students, physicians participating in graduate medical education, advanced practice nurses, and physician assistants when performing clinical services in the certificate holder’s area of specialty.
(E) The board may revoke a certificate issued under this section on receiving proof satisfactory to the board that the certificate holder has engaged in practice in this state outside the scope of the certificate or that there are grounds for action against the certificate holder under section 4731.22 of the Revised Code.
(F) A certificate of conceded eminence is valid for the shorter of two years or the duration of the certificate holder’s employment with the academic medical center or affiliated physician group practice. The certificate ceases to be valid if the holder resigns or is otherwise terminated from the academic medical center or affiliated physician group practice.
(G) A certificate of conceded eminence may be renewed for an additional two-year period. There is no limit on the number of times a certificate may be renewed. A person seeking renewal of a certificate shall apply to the board and is eligible for renewal if the applicant does all of the following:
(1) Pays the renewal fee of one thousand dollars;
(2) Provides to the board an affidavit and supporting documentation from the academic medical center or affiliated physician group practice of all of the following:
(a) That the applicant’s initial appointment to the medical faculty is still valid or has been renewed;
(b) That the applicant’s clinical practice is consistent with the established standards in the field;
(c) That the applicant has demonstrated continued scholarly achievement;
(d) That the applicant has demonstrated continued professional achievement consistent with the academic medical center’s requirements, established pursuant to standards adopted under section 3701.351 of the Revised Code, for physicians with staff membership or professional privileges with the academic medical center.
(3) Satisfies the same continuing medical education requirements set forth in section 4731.282 of the Revised Code that apply to a person who holds a certificate to practice medicine and surgery or osteopathic medicine and surgery issued under this chapter.
(4) Complies with any other requirements established by the board.
(H) The board shall not require a person to obtain a certificate under Chapter 4796 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery if the person holds a certificate of conceded eminence issued under this section.
(I) The board may adopt any rules it considers necessary to implement this section. The rules shall be adopted in accordance with Chapter 119 of the Revised Code.
Last updated December 29, 2023 at 6:20 AM