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The State Medical Board of Ohio has published a request for public comment regarding proposed revisions to its hearing rules.

For the most part, the proposed rules reflect the Board’s adoption of technological advancements. Examples include rule revisions to address use of the Board’s online document filing system and the electronic service of case documents.

The Board also proposed to empower its hearing officers to unilaterally employ virtual hearings for licenses. While “virtual” public forums help slow the spread of viruses, they are not without limitations or other intangible drawbacks.  Graff & McGovern, LPA is working to secure a defined set of virtual hearing rules to accompany compulsory virtual hearings. We are working as part of an Ohio State Bar Association subcommittee, along with members of the Ohio Attorney General’s Office and other interested stake holders, on drafting a set of model virtual hearing guidelines.

While the implementation of technology has expedited many of the Board’s processes, the Board’s proposed rules would shorten deadlines for licensees and applicants. In particular, the Board is proposing to require individuals to file requests to address the Board 7 days in advance of the Board meetings (a change from 5 days). Additionally, the Board has proposed to abandon its recently adopted subpoena compliance deadline of “not less than 14 days before the hearing,” to instead defer to the Hearing Examiner’s discretion. If you have questions regarding the Medical Board’s proposed rules or the Board’s administrative hearing process, please contact an attorney a Graff & McGovern, LPA representative. Levi Tkach is available to take your call at 614-228-5800, extension 4 and at levi@grafflaw.com