Lynne O'Neill


The main purpose of this comment is to review two major areas of change in Ohio's Medical Practice Act. The first area deals with automatic suspensions of physicians' licenses. The second area deals with summary suspensions of physicians' licenses. In both of these areas, the Ohio State Medical Board now has the authority to suspend a physician's license before conducting a disciplinary hearing.

Part I of this comment begins by reviewing the current composition of the Board so that the reader will understand how the Board functions in taking disciplinary action against a physician. Part I then explains the new provisions governing automatic and summary suspensions of physicians' licenses. Part I also points out several sections of the new Medical Practice Act which appear to be in conflict with other sections of the Ohio Revised Code, and offers some possible resolutions. Part II begins by analyzing the physician's right to practice medicine. Part II then discusses whether Ohio's Medical Practice Act allows the Board to deprive a physician of that right, while still protecting the physician's due process rights.