Ohio Code 4769.08 – Costs of investigation and adjudication
In the case of a violator of section 4769.02 of the Revised Code who elected a hearing under division (B) of section 4769.03 of the Revised Code, an adjudication order issued under division (C) or (D) of section 4769.03 of the Revised Code may, in addition to imposing the penalties specified in those divisions, require the violator to pay the reasonable costs, not exceeding twenty-five thousand dollars, of the investigation and adjudication conducted under division (B) of that section. If a health care practitioner or employer elected a hearing under division (B) of that section and was found not to have violated section 4769.02 of the Revised Code, the department of health may pay the health care practitioner’s or employer’s reasonable costs, not to exceed twenty-five thousand dollars, including attorneys’ fees, associated with the conduct of the investigation and adjudication.
Terms Used In Ohio Code 4769.08
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Health care practitioner: means all of the following:
(1) A dentist or dental hygienist licensed under Chapter 4715 of the Revised Code;
(2) A registered or licensed practical nurse licensed under Chapter 4723 of the Revised Code;
(3) An optometrist licensed under Chapter 4725 of the Revised Code;
(4) A dispensing optician, spectacle dispensing optician, or spectacle-contact lens dispensing optician licensed under Chapter 4725 of the Revised Code;
(5) A pharmacist licensed under Chapter 4729 of the Revised Code;
(6) A physician authorized under Chapter 4731 of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;
(7) A physician assistant authorized under Chapter 4730 of the Revised Code to practice as a physician assistant;
(8) A practitioner of a limited branch of medicine issued a certificate under Chapter 4731 of the Revised Code;
(9) A psychologist licensed under Chapter 4732 of the Revised Code;
(10) A chiropractor licensed under Chapter 4734 of the Revised Code;
(11) A hearing aid dealer or fitter licensed under Chapter 4747 of the Revised Code;
(12) A speech-language pathologist or audiologist licensed under Chapter 4753 of the Revised Code;
(13) An occupational therapist or occupational therapy assistant licensed under Chapter 4755 of the Revised Code;
(14) A physical therapist or physical therapy assistant licensed under Chapter 4755 of the Revised Code;
(15) A licensed professional clinical counselor, licensed professional counselor, social worker, or independent social worker licensed, or a social work assistant registered, under Chapter 4757 of the Revised Code;
(16) A dietitian licensed under Chapter 4759 of the Revised Code;
(17) A respiratory care professional licensed under Chapter 4761 of the Revised Code;
(18) An emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic certified under Chapter 4765 of the Revised Code. See Ohio Code 4769.01
Notwithstanding section 119.12 of the Revised Code, the filing of a judicial appeal of an adjudication order issued under section 4769.03 of the Revised Code shall operate as a suspension of the adjudication order pending the outcome of the appeal.