What is a Medicaid Exclusion and Is There a Way to Appeal These Decisions?

The Department of Health and Human Services has the authority to exclude certain individuals from participating in Medicare, Medicaid, and all Federal health care programs as defined by 1128B(f) of the Social Security Act.

Exclusion from participation can materially affect a professional’s scope of practice because exclusion prohibits the professional from submitting or causing claims to be submitted to any Federal health care program (such as Medicare, Medicaid, VA, TRICARE, the Military Direct Care System, etc.) for any items or services the professional provides and prevents the professional for working in any capacity for an organization that accepts Federal funding. (However, exclusion does not prevent the professional or their family members from receiving benefits to which they are entitled under a Federal program.)

There are two types of exclusion: Mandatory Exclusion is required for certain offenses (42 USC §1320a-7(a)) and Permissive Exclusion is discretionary and may be imposed for certain other offenses (42 USC §1320a-7(b)).

Generally, mandatory exclusion is required for a (i) conviction of health care program-related crimes, (ii) conviction related to patient abuse, (iii) felony conviction related to health care fraud, and (iv) felony conviction related to controlled substances.

Generally, permissive exclusion may be imposed for a number of different offenses including but not limited to (i) a misdemeanor conviction related to controlled substances, (ii) a health care license revocation or suspension, and (iii) excessive charges or unnecessary services.

In my practice, I have seen physicians and other licensed professionals (including nurses) receive a letter from the OIG proposing an exclusion from participation in Federal health care programs following a suspension of their professional license or after a misdemeanor or felony conviction or after being convicted of a drug crime.

In cases where exclusion is permissive, it is recommended to provide the OIG with a clear and detailed response as to why the exclusion should not be imposed.  Under certain circumstances, the OIG may choose not to impose exclusion.  In other instances, the OIG will impose exclusion for a specific time period, for example, during the time period that the professional’s license is suspended.

If you receive a notification from the OIG proposing an exclusion, experienced legal counsel can assist you to formulate and file a timely response.

As always, if you have any questions about this post, the State Medical Board of Ohio or the unintended consequences of a Medical Board disciplinary action, feel free to contact the attorneys at the Collis Law Group at 614-486-3909 or send me an email at beth@collislaw.com

The Hippocratic Oath: A Blueprint For Certain Legal Requirements Applicable to Ohio Physicians

The Hippocratic Oath (“Oath”) is arguably the most widely known ancient Greek medical text.  The Oath governs ancient Greek physicians’ professional and ethical behavior.  Although written approximately 2,500 years ago, certain standards in the Oath are reflected in current legal requirements concerning Ohio physicians’ medical practice and behavior.

This is a literal translation of the original version of the Oath:

I swear by Apollo Physician and Asclepius and Health and Panacea and all the gods and goddesses, making them witnesses, that I will make complete this oath and this written covenant according to my ability and discernment: 

To regard my teacher of this art as equal to my parents and to share my livelihood (with him), and to make a contribution to him when he is in need of a debt, and to judge his offspring as equal to my brothers in manhood, and to teach this art – if they want to learn it – without wage and written covenant (to them), to make an imparting of the set of rules and lecture and all the rest of instruction to my sons and those of my teacher, and to those pupils who have been indentured and who have taken an oath according to the medical law, but to no one else. 

-I will use diets for the assistance of the sick according to my ability and discernment; but also to keep away injury of health and injustice. 

I will neither give any deadly drug, having been asked for it, nor will I guide the same advice. Similarly, I will not give an abortifacient pessary to a woman. In purity and in holiness I will maintain my life and my art. 

-I will not use the knife, not even on those suffering from the stone, but I will give way to those who are practitioners of this work.

And as many houses as I may go into, I will go in for the assistance of the sick, being free from all voluntary injustice and mischief and the rest, even abstaining from sexual pleasures of both female and male persons, both free and slaves. 

-That which I may see or hear during treatment, or even outside of treatment concerning the life of men, which must not in any way be divulged outside, I will not speak, regarding such things to be unutterable. 

And so may it be to me making complete my oath and not making it of no effect that I enjoy the benefits of my life and art and be honored by all men for time eternal; but may it be the opposite of this to me transgressing and swearing falsely. 

The Oath taken today has been revised from the above original text.  Although there are portions of the original Oath which are no longer applicable or sworn to by physicians, there are interesting parallels between certain standards in the original Oath and the present-day laws in the Ohio Revised Code (“ORC”), pertaining to Ohio physicians’ medical practice and behavior, the violation of which subjects a physician to disciplinary action by the State Medical Board of Ohio (“Ohio Medical Board”).

No Harm To Patients

The Oath provides: “I will use diets for the assistance of the sick according to my ability and discernment; but also to keep away injury of health and injustice.”  I interpret this provision generally to require the ancient Greek physician (i) to use dietary regimens to assist people who are sick, (ii) not to harm their patients, and (iii) not to do any injustice to their patients.

ORC §4731.22 authorizes the Ohio Medical Board to discipline a physician based acts would could result in patient harm including but not limited to:

ORC §4731.22(B)(2): Failure to maintain minimal standards applicable to the selection or administration of drugs, or failure to employ acceptable scientific methods in the selection of drugs or other modalities for treatment of disease;

ORC §4731.22(B)(3): Selling, giving away, personally furnishing, prescribing, or administering drugs for other than legal and legitimate therapeutic purposes;

ORC §4731.22(B)(6): A departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances (whether or not actual injury to a patient is established); and

ORC §4731.22(B)(18): Violation of any provision of a code of ethics of the American medical association; and/or

ORC §4731.22(B)(29): Failure to use universal blood and body fluid precautions established by Ohio Medical Board rule.

No Injustice To Patients

ORC §4731.22 also authorizes the Ohio Medical Board to discipline a physician based on an act which evidences an injustice to a patient including but not limited to:

ORC §4731.22(B)(1): Permitting one’s name or one’s certificate to practice or certificate of registration to be used by a person, group, or corporation when the individual concerned is not actually directing the treatment given;

ORC §4731.22(B)(5): Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients; in relation to the practice of medicine and surgery;

ORC §4731.22(B)(7): Representing, with the purpose of obtaining compensation or other advantage as personal gain or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured; and/or

ORC §4731.22(B)(8): The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice.

Although the requirement of the Oath to, “keep away injury of health and injustice” is phrased more broadly than the specific requirements in the ORC, a parallel between the requirements of the Oath and the ORC is apparent.  The dictates imposed by both the ancient Greek caregivers and the Ohio legislature evidence important standards that a physician do no harm to the patient and promote the just (ie, honest and truthful) relationship between the physician and the patient.

Sanctity Of Life 

The Oath provides: “I will neither give any deadly drug, having been asked for it, nor will I guide the same advice. Similarly, I will not give an abortifacient pessary to a woman. In purity and in holiness I will maintain my life and my art.”  The requirements (i) not to give or recommend any deadly drug, (ii) not to induce an abortion, and (iii) for the physician to hold his or her own life in purity and holiness, individually and collectively, support the notion that ancient Greek physicians held human life as sacred.

ORC §4731.22(B)(3) authorizes the Ohio Medical Board to discipline a physician for selling, giving away, personally furnishing, prescribing, or administering drugs for other than legal and legitimate therapeutic purposes.  Additionally, assisted suicide is against public policy in Ohio (ORC §3795.02(A) and is required to be enjoined by a Court of Common Pleas (ORC §3795.02(B)).  Consequently, ORC §4731.22(B)(37) authorizes the Ohio Medical Board to discipline a physician for assisting suicide.

Subject to certain express conditions and exceptions in Ohio law beyond the scope of this article, ORC §4731.22(B)(23) authorizes the Ohio Medical Board to discipline a physician for performing or inducing an abortion upon a pregnant woman.

No Sexual Misconduct

The Oath provides: “And as many houses as I may go into, I will go in for the assistance of the sick, being free from all voluntary injustice and mischief and the rest, even abstaining from sexual pleasures of both female and male persons, both free and slaves.

OAC §4731-26-02(A) authorizes the Ohio Medical Board to discipline a physician for engaging in sexual misconduct with a patient.

Confidentiality 

The Oath provides: “That which I may see or hear during treatment, or even outside of treatment concerning the life of men, which must not in any way be divulged outside, I will not speak, regarding such things to be unutterable.”

ORC §4731.22(B)(4) authorizes the Ohio Medical Board to discipline a physician for willfully betraying a professional confidence.

Conclusion 

The standards in the Oath applicable to ancient Greek physicians to do no patient harm, to have a just patient relationship, to take no act contrary to human life, to abstain from sexual misconduct with a patient, and to protect patient confidential information, are reflected in present-day legal requirements applicable to Ohio physicians’ medical practice and behavior.

That the Oath is recited in medical schools even today (See: http://medicine.osu.edu/news/archive/2012/08/21/reciting-the-hippocratic-oath-a-family-centered-tradition.aspx) is a testament to the enduring verities contained in the Oath.

As always, if you have any questions about this post or the Ohio Medical Board in general, please contact Collis, Smiles & Collis, LLC or Beth Collis at 614-486-3909 or Beth@collislaw.com.

Ohio Physicians .. Stop prescribing to self and family members!

Although I have blogged in the past about physicians prescribing medications to themselves and family members, the word is not getting out! (See my previous blog post from March 5, 2012)  Therefore, I thought it best to address the issue again.

In the past month, I have handled several cases where physicians have been investigated by the State Medical Board of Ohio for prescribing to family members.

I also recently had the opportunity to lecture to a group of medical students where the question about prescribing to family members was raised.  During my lecture, I warned the medical students to be aware that as soon as they are awarded their medical license, they will be inundated with requests from family members to refill prescriptions or, in some cases, to take over their medical care.  One student asked me if she could prescribe medications to her child.  In response, I urged the medical student to find her child a pediatrician in order to avoid compromising the physician’s professional livelihood.

The Medical Board recently updated its Position Statement to address the parameters of Ohio physicians prescribing to themselves and family members.  The Medical Board’s updated Position Statement case be found at: http://med.ohio.gov/Portals/0/DNN/PDF-FOLDERS/Laws-Rules/Position-Statements/Statement-on-Prescribing-Controlled-Substances-to-Oneself-or-a-Family-Member.pdf.

Although there are certain very limited exceptions when a physician in Ohio may prescribe to a family member, it is always BEST to seek qualified independent medical care for yourself and/or your family members.  Do not risk a Medical Board investigation into your prescribing practices to yourself or a family member.

As always, if you have any questions about this post or the Ohio Medical Board in general, please feel free to contact Beth Collis at 614-486-3909 or email me at beth@collislaw.com.

 

Sanctions Against Physicians on Probation Increase in Severity

In 2012, I wrote a blog post about how the State Medical Board of Ohio was cracking down on physicians who were on probation. See “On Probation with the Medical Board? Beware, There is a New Sheriff in Town.” When writing that post two years ago, I could not have anticipated the changes that would take place and how these changes are affecting physicians who are under probation.

At any one time, the Ohio Medical Board monitors over three hundred physicians who are subjected to probationary terms. Many are on probation for substance abuse or alcohol abuse problems.  These individuals are required to call into a lab testing site daily and to submit to random OBSERVED urine screen anywhere from 2-4 times per month. They are also required to notify their doctors of their addiction, notify the Board of all medications they have been prescribed, and in many cases they are required to keep a log of all controlled substances they prescribe. They are required to attend AA or NA support meetings and personally report to the Board on a quarterly basis. All of these requirements are on top of their daily work assignments and while juggling family commitments.

In the past, minor violations of these requirements were accepted by the Board. You might miss a call in for a drug screen or one AA meeting. However, these seemingly minor violations are now the basis for additional discipline by the Board against the physician.

I recently learned that a physician’s probation was extended for 30 days for failing to call into the testing site on ONE occasion (and they were not even selected to provide a sample on that day). In the past year, I have also handled three cases where the Board has proposed to discipline a physicians for technical violations of their Consent Agreements, a few missed calls or a few missed AA meetings (even in cases where there is no evidence of a positive drug screen).

So, beware. Minor violations will not be taken lightly. Regroup. Set your priorities in place and be 100% compliant with the terms of your Consent Agreement, or you could face further Board discipline.

As always, if you have any questions about this post or the State Medical Board of Ohio in general, please feel free to call my office at (614) 486-3909 and ask to speak with one of the attorneys or email me at beth@collislaw.com.

 

Ohio Medical Board approach to physicians with mental health issues may have a chilling effect on physicians seeking treatment

Pursuant to Ohio Revised Code Section 4731.22(B)(19), the Medical Board in Ohio can suspend the license of a physician if it is determined that a physician has an “…inability to practice according to acceptable and prevailing standard of care by reason of mental illness . . .”.  This suggests that the Board must link a physician’s mental illness to an inability to safely practice medicine.  In fact, the Medical Board does not need to show immediate harm to the public or evidence of poor or substandard medical practice to limit or restrict a physician’s license if it is determined that he or she suffers from a mental illness.

Under the Ohio Medical Board statute, if the Board has reason to believe that a physician suffers from a mental illness that could affect their ability to practice medicine, the Board can order the physician to undergo a psychiatric evaluation with a Board approved psychiatrist (a psychiatrist selected and approved by the Medical Board). The evaluation, which generally runs between $2,500-$4,800, is at the expense of the physician. Generally, before the evaluation, the physician is required to sign a release form and submit his or her medical records, including mental health records, to the Board approved psychiatrist for review. After reviewing the physician’s medical records, the Board approved psychiatrist will evaluate the physician and make a determination. The evaluation may or may not include psychological testing and may or may not include the psychiatrist contacting family members, colleagues or co-workers to evaluate the physician’s “ability to practice.”

After the evaluation, the Board approved psychiatrist will make one of the following recommendations to the Board:

-physician may continue to practice medicine with no Board monitoring; or

-physician may continue to practice medicine as long as they enter into a monitoring agreement that requires them to maintain treatment with a psychiatrist or therapist and for the therapist to submit quarterly reports to the Board; or

-the physician is unfit to practice medicine and his or her license will be suspended until such time as s/he can provide the Medical Board with evaluations from two additional psychiatrists that s/he is fit to resume practice. These evaluations are, again, at the expense of the physician.

If the physician is required to enter into any type of monitoring agreement with the Medical Board, the agreement is a public document.  Such agreement typically includes the physican’s medical diagnosis and conditions under which he or she may continue to practice medicine. It is reported to the National Practitioner’s Data Bank and is accessible to the public on the Medical Board website.

Many physicians throughout the state have voiced strong opposition to the lack of confidentiality of the monitoring program, the onerous nature of the monitoring conditions and the chilling effect that curtails many from seeking appropriate medical care for fear that their confidential medical records would be reviewed by Medical Board Members or staff. (Confidential medical records are NOT released to the public. However, the physician’s medical diagnosis, monitoring conditions and name of their treating doctor is released to the public.)

Many individuals have been contacting the Medical Board with their concerns about the punitive way in which the Medical Board treats physicians who suffer from a mental health condition. Many individuals are also pushing for Ohio to institute a confidential program to monitor physicians. If you believe that physicians should be provided with a confidential monitoring program, I recommend that you contact the State Medical Board of Ohio and voice your concerns.

As always, if you have any questions about this post or the State Medical Board of Ohio in general, please contact one of the attorneys at Collis, Smiles & Collis, LLC at 614-486-3909, or by email to Beth@collislaw.com.

 

How are decisions made by the State Medical Board of Ohio

I am often asked by clients, “Who makes the final determination as to the sanction that will be imposed against a physician at the State Medical Board of Ohio?”  In theory, this is a simple answer. The Board Members review all the evidence in the case and a vote of six members will result in a sanction against a physician. Alternatively, if the case does not proceed to a hearing, two members of the Board, the Board Secretary and Supervising Member review the evidence and offer terms for a settlement in lieu of proceeding to a hearing.

To make the appropriate determination as to the sanction that should be imposed, the Medical Board has Disciplinary Guidelines, which are posted on the Board’s website (http://www.med.ohio.gov/pdf/meddis.pdf) that outline appropriate sanctions for various violations of the Medical Board’s laws and rules.

In addition, the Medical Board is to review similar prior Board actions and make a determination that is consistent with similar sanctions that have been imposed in similar cases in the past. This is called following precedence.

However, this is all “In Theory”.  What we have seen in the past year is that the Medical Board has been reluctant to follow the disciplinary guidelines (they are advisory only, not mandatory) and the Board has been unwilling to follow prior Board decisions in imposing discipline against physicians.

This change can be based on a variety of factors. First, each year as Board vacancies open up, the Governor is charged with appointing new Board members. New members often come to the Board and look at cases differently than former Board panels.  This change can be refreshing as a shakeup in the Board makeup can bring fresh perspectives to the Board. However, it also leads to inconsistent results, and leaves members of the medical community unaware of how they might be sanctioned if they do violate a Board law or rule.

Recently, we have seen that if the case before the Board does not affect the physician’s medical practice (i.e. a conviction unrelated to medicine) that the Board members have been reluctant to sanction the physician. On the opposite end, if the case involves prescribing of pain medications or even minor violations of a prior Board sanction, the Board has been very punitive.

In this time of uncertainly, I still believe that you put your client in the best position before the Board if you provide the Board Members with as much information through the settlement or hearing process as possible. Board Members often complain that they do not have enough information about the physician to make a reasoned decision about their case. Therefore, I have found that while the Disciplinary Guidelines and prior case actions can be helpful in determining how the Board might proceed in any case, a recommended way to handle any case is to put as much information about the physician and their facts and circumstances about their case before the Board.  This might mean taking more cases to hearing than the Board has seen in recent years.  However, until the Board settles into a rhythm of making consistent decisions on similar cases, this might be the only way to effectively represent the client before the Board.

As always, if you have any questions about this post or the State Medical Board of Ohio in general, please feel free to contact one of the attorneys at Collis, Smiles and Collis at 614-486-3909, check out our website for more information at www.collislaw.com or email me at beth@collislaw.com.

Is Professional Courtesy Dead among Physicians?

Going back to the time of Hippocrates, physicians have provided medical treatment to their colleagues and their colleagues’ family members without charge. The rationale was to discourage physicians from treating themselves and their family members and also to encourage professional courtesy among physicians.

It is rare today that physicians have the time, desire, or financial means to take on patients without charge. However, if a physician is in position to do so, the rules of the game still apply. You still need to treat a pro bono patient EXACTLY as you would treat a paying patient.

You need to do a physical examination and document in the patient’s chart all the medications you prescribe and the treatment plan. Too often, I have had physicians tell me in my office that they did not create a chart because they were “not billing insurance.” This is improper. The State Medical Board of Ohio does not have different rules for the treatment of patients who you charge and those you do not charge. The Medical Board never even asks if you were paid for the treatment. This is not the standard.

The American Medical Association has also drafted an Opinion on Professional Courtesy and it states that while “professional courtesy is a long-standing tradition in the medical community, it is NOT an ethical requirement”. The Opinion also warns physicians that they should be aware that accepting insurance payments while waiving patient co-payments may violate AMA Opinion 6.12 “Foregiveness or Waiver of Insurance Co-Payment .” American Medical Association Opinion 6.13.  In addition, in Ohio, it is against the law to waive an insurance co-pay for a patient or to advertise that you will waive an insurance co-pay. Ohio Revised Code 4731.22(B)(28)(a) and (b).

If you want to provide medical treatment to another for free you may do so as a professional courtesy. However, you may not bill insurance and waive the co-payment to the patient.  You must provide treatment to this patient in the same manner and in accordance with the same medical and legal laws, rules and standards applicable to all other patients.

As always, if you have any questions about this post or about the State Medical Board of Ohio, you may contact any of the attorneys at Collis, Smiles and Collis in Columbus, Ohio at 614-486-3909.

Physicians .. Do your CMEs or face Ohio Medical Board discipline

Each month I attend the monthly meeting of the State Medical Board of Ohio.  This past week, at the Board’s monthly meeting, I was stunned to hear that the Board had voted to accept the permanent surrender of four physician’s licenses for failure to comply with their Continuing Medical Education (CME) requirements! This means four physicians in the state of Ohio chose to permanently surrender their medical licenses for failure to comply with the Board’s CME requirements. While many of these physicians may be older doctors who no longer want to practice, I was saddened to hear that they chose to permanently surrender their licenses under such circumstances.

All physicians in Ohio are required to complete 100 hours of CME credits every two years. 40 hours of that 100 must be Category A approved hours and the remaining 60 hours can be completed by simply reading medical journals. There are many on-line or in person locations that you can obtain CME approved hours. You may contact your local medical association or the Ohio State Medical Association for approved credit hours.  https://www.osma.org/education/continuing-medical-education-requirements.

You are required to maintain documentation of your meeting attendance. Each year, the Medical Board conducts random audits and requests that selected physicians submit proof of completion of their CME hours.

Failure to respond timely to an audit can result in a Reprimand to your professional license. If you are unable to provide evidence that you completed the required CME credits during your two-year renewal period, the Board may issue for a first time offense a Reprimand and a fine ranging from $1000-$5000. The Board may also indefinitely suspend your medical license until you have completed all your CME hours.

For a second time offense, the Board can impose a sanction of a fine from $3000-$5000 and can suspend your license for an indefinite period of time ranging from a 60-90 day suspension.

Keep track of your CME credits. Keep copies of all meetings you attend and journals you read. It is not worth the risk of discipline to your professional license including a fine, Reprimand or Suspension for failure to complete your required CME hours.

As always, if you have any questions about this post or the State Medical Board of Ohio, you may contact any of the attorneys at Collis, Smiles and Collis in Columbus, Ohio, 614-486-3909.

Medical Residents, Be Advised

As July 1 quickly approaches and medical Residents prepare to start their residency programs, it is imperative that Residents know the limits of their Training Certificate. For instance, many Residents question whether they are authorized to prescribe non-controlled medication to family and/or friends pursuant to a Training Certificate. The answer is, no.

The holder of a Training Certificate is not authorized to write non-controlled medication prescriptions to family members and/or friends unless the care being delivered to the family member is under the auspices of the Residency Program for which the Training Certificate was issued.

Other restrictions also include, but are not limited to: the holder of a Training Certificate is not authorized to practice medicine, including writing prescriptions, except as may be required by or incidental to the holder’s Residency Program. In addition, the holder may not practice outside of the Residency Program hospital or facilities for which the Training Certificate was issued. Thinking of picking up part-time medical work an a hospital or office setting on weekends? You will need to have a full Ohio medical license to work outside of your training program.

Lastly, the Training Certificate may be revoked if the holder practices medicine, including writing prescriptions, outside of the Residency Program. Residents, don’t overlook formalities and be aware that there are limitations to follow while working under your Training Certificate!

As always, if you have any questions about this post or the State Medical Board in general, please feel free to contact me at beth@collislaw.com or call me at 614-486-3909.

Physicians .. have you read the rules?

The practice of medicine in Ohio is outlined by one statute section, Ohio Revised Code 4731, and one set of rules drafted by the Medical Board, Ohio Administrative Code 4731. This Code section and these rule outline the requirements to be licensed as a physician, podiatrist, massage therapist or physician’s assistant in Ohio and also define the scope of practice of medicine in Ohio. However, I am always surprised that most physicians with whom I speak have no idea that these laws and rules even exist.

Ohio Revised Code Chapter 4731 is the law governing the practice of medicine in Ohio. The Ohio Administrative Code is drafted by the Medical Board members and is reviewed and approved through a rule making process. Physicians in Ohio are required to know, understand and follow the guidelines established in these laws and rules.

These laws and rules can be found at the Medical Board’s website at: http://www.med.state.oh.us. You can also follow the following link to find these sections: http://codes.ohio.gov/orc/4731
or for the administrative rules go to: http://codes.ohio.gov/oac/4731

Pertinent sections of these laws and rules include:

Basis for disciplinary action can be found at R.C. 4731.22(B) which can be found at: http://codes.ohio.gov/orc/4731.22.

To learn more about licensing and continuing education go to: OAC 4731-10, which can be found at: http://codes.ohio.gov/oac/4731-10.

To learn more about prescribing of controlled substances go to: OAC 4731-11, which can be found at: http://codes.ohio.gov/oac/4731-11.

To learn more about the Medical Board’s hearing process go to: OAC 4731-13, which can be found at: http://codes.ohio.gov/oac/4731-13.

To learn more about the duty to report to the Medical Board go to: OAC 4731-15, which can be found at: http://codes.ohio.gov/oac/4731-15.

To learn more about what to do if you believe you suffer from  chemical dependency go to: OAC 4731-17, which can be found at:  http://codes.ohio.gov/oac/4731-17.

As practicing medical professionals in Ohio, you are required to know, understand and follow the laws  and rules in ORC 4731 and OAC 4731. Take the time to read the rules and, if you have questions, contact experienced legal counsel to assist you.

As always, if you have any questions about this post, please feel free to contact me at beth@collislaw.com.