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“Shall” Does Not Always Mean “Shall”

Published: Apr 28, 2023

Late last year, the Ohio Supreme Court enshrined what most of us practicing in this field already knew: “shall” does not always mean “shall.” As we have previously addressed, upon appeal of an agency order, Ohio law requires the agency to certify a complete record…


Xylazine Reclassified as Controlled Substance

Published: Mar 30, 2023

On March 29, 2023, Governor DeWine signed an executive order directing the State of Ohio Board of Pharmacy to reclassify xylazine as a controlled substance. The reason given for placing xylazine on Ohio’s controlled substance list is its increasing prevalence in overdose deaths and in…


Ohio Medical Board Votes In New Supervising Member.

Published: Mar 09, 2023

At its March 2023 meeting, the State Medical Board of Ohio voted to elect veteran Member, Robert “Bob” Giacalone, as its new Supervising Member.  He will replace Bruce Saferin, DPM, in that role.  Originally appointed to the Ohio Medical Board by former Ohio Governor John…


Court Strips Ohio Agencies’ Interpretative Authority

Published: Mar 01, 2023

In middle school or high school civics class, many of you will have learned that the three branches of government serve separate purposes. The legislative branch writes the law. The judicial branch interprets the law. And the executive branch enforces the law. However, as bureaucracy…


Ohio Implements Nurse Licensure Compact

Published: Feb 02, 2023

In January 2023, Ohio implemented the Nurse Licensure Compact. Now, registered nurses, licensed practical nurses, and nursing students who are residents of Ohio[1] may apply for a multistate license (MSL). A nurse holding a MSL may practice in their state of primary residence, as well…


Immunity for Comfort Care Narrowed

Published: Feb 02, 2023

Late last year, the Tenth District Court of Appeals narrowed the application of the “comfort care” statute. Following this ruling, it remains imperative that healthcare professionals exercise independent medical judgment in end-of-life scenarios. Following a physician order is insufficient to grant a nurse or other…


Ohio OTPTAT Board Proposes “Safe Haven” Program for Licensees

Published: Jul 05, 2022

The Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board is in the early stages of establishing a “safe haven” program for licensees and applicants and recently sent out a request for comment on draft administrative Rules. The proposed “safe haven” program would allow certain…