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Articles by Eric J. Plinke
Ohio Expands Law on Use and Delegation of Laser Hair Removal Devices
Effective August 25, 2026, Ohio House Bill 377 will revise the law governing light-based medical devices used for hair removal. The law modifies physician delegation standards related to hair removal lasers and creates specific provisions for advanced practice registered nurse and physician assistant delegation.
Ohio Expands Law On Use And Delegation Of Laser Hair Removal Devices
DS Dinsmore & Shohl More Dinsmore & Shohl LLP has a nationwide team of more than 750 attorneys who are trusted advisers to Fortune 500 companies, institutions, associations, governments, professional firms and individuals. Clients count on Dinsmore to provide a broad range of high-quality, commercial and cost-effective advice.
A Brighter Way to Clean?
Ohio Dental Hygienist Scope of Practice Expanded to Permit the Use of Lasers Newly adopted regulations to the Ohio Dental Practice Act now permit the use of lasers by Ohio dental hygienists for certain services.[1] Subject to education, and training requirements and direct dentist supervision, Ohio dental hygienists may now use lasers for: Bacterial reduction; Assisted periodontal therapy; Other non-surgical periodontal therapeutic treatments; Photobimodulation (adjunctive low-level laser...
A Brighter Way To Clean?
DS Dinsmore & Shohl More Dinsmore & Shohl LLP has a nationwide team of more than 750 attorneys who are trusted advisers to Fortune 500 companies, institutions, associations, governments, professional firms and individuals. Clients count on Dinsmore to provide a broad range of high-quality, commercial and cost-effective advice.
Ohio Board of Pharmacy Issues New Guidance: 10 Compliance Pitfalls Putting Ohio Clinics and Medical Spas at Risk | JD Supra
The Ohio Board of Pharmacy (“Board”) released new guidance[1] identifying 10 common violations in prescriber clinics and medical spas. This guidance follows a recent surge in summary suspensions of Terminal Distributor of Dangerous Drug (TDDD) licenses, reflecting the Board’s increased focus on patient safety and the lawful possession, storage and administration of dangerous drugs.
Is AI WISeR? CMS Models AI-based Prior Authorization Process in Six States | JD Supra
The Centers for Medicare and Medicaid Services (CMS) is poised to launch a bold, new initiative to reduce waste, fraud and abuse. Starting January 1, 2026, the Wasteful and Inappropriate Service Reduction (WISeR) Model will launch in six states—Arizona, New Jersey, Ohio, Oklahoma, Texas and Washington, and run for six years.
Stay in your Lane: Ohio Proposes New Rules on Office-Based Surgery | JD Supra
The State Medical Board of Ohio recently announced proposed amendments and an opportunity for public comment regarding Ohio’s office-based surgery rules.[1] These rules are significant and govern the standards and requirements for surgery in an office-based setting. Regulatory enforcement of these rules has increased in recent years and physicians and practices offering such services are encouraged to review these proposed significant changes.
Mixing Medicine and Risk: Ohio’s Joint Regulatory Statement Targets Retail IV Therapy Clinics | JD Supra
On May 15, 2025, the State Medical Board of Ohio, the Ohio Board of Pharmacy and the Ohio Board of Nursing (collectively, the “Boards”) jointly issued a significant regulatory statement (the “Statement”) clarifying the legal boundaries and compliance expectations for retail IV therapy clinics operating in the state.[i] The Statement responds to the rapid increase of wellness-based IV therapy businesses, and serves as a firm warning to these clinics that retail IV therapy involves the licensed...
Significant Non-Compete Restrictions May Be Coming to the Buckeye State | JD Supra
Ohio may be the next state to place restrictions on non-competition provisions in employment agreements for employers, including healthcare providers. Ohio Senators Bill Blessing (R-Colerain Township) and Bill DeMora (D-Columbus) introduced Senate Bill (SB) 11, which would significantly impact an employer’s ability to restrict a former employee or independent contractor’s work[1].
Supreme Court Rejects Challenge to FDA Regulation of Abortion Medication | JD Supra
In a unanimous decision today, the Supreme Court rejected efforts to limit access to the abortion pill mifepristone, overturning an earlier decision by the 5th Circuit Court of Appeals. The Supreme Court ruled that the physicians and medical associations who brought the case did not have the right to challenge the FDA's regulation of the drug. To have standing, plaintiffs must show they have a “personal stake” in the case.
Ohio Hospital Licensure Status Update | JD Supra
As many of you are already aware, the 134th Ohio General Assembly passed House Bill 110 and enacted Ohio Revised Code Chapter 3722, which outlines the license requirements for Ohio hospitals.
Ohio Board Updates “Duty to Report” CME Video from Dr. Richard Strauss Investigation | JD Supra
As the latest signal in the priority of the Duty to Report in Ohio, the State Medical Board has updated its Duty to Report video.[1] The video is offered by the Board for physicians to fulfill the mandatory continuing medical education (CME) component of the license renewal process in Ohio. Introduced in a new regulation on May 31, 2021,[2] the Board began mandating one hour of CME on the topic of the legal duty to report misconduct.
Ohio Board Updates “Duty to Report” CME Video from Dr. Strauss Investigation
– Legal Alerts Eric Plinke As the latest signal in the priority of the Duty to Report in Ohio, the State Medical Board has updated its Duty to Report video.[1] The video is offered by the Board for physicians to fulfill the mandatory continuing medical education (CME) component of the license renewal process in Ohio. Introduced in a new regulation on May 31, 2021,[2] the Board began mandating one hour of CME on the topic of the legal duty to report misconduct.
Post-Roe Women’s Care and Compliance in Ohio and Emergency Medical Treatment and Labor Act
Within hours of the U.S. Supreme Court’s decision overturning Roe v. Wade, Ohio’s Heartbeat Bill, originally passed in 2019, became effective when the U.S. District Court, Southern District of Ohio, lifted its long pending injunction against the Ohio law.
Post-Roe Women's Care And Compliance In Ohio And Emergency Medical Treatment And Labor Act
Within hours of the U.S. Supreme Court's decision overturning Roe v. Wade, Ohio's Heartbeat Bill, originally passed in 2019, became effective when the U.S. District Court, Southern District of Ohio, lifted its long pending injunction against the Ohio law.
Temporary Changes To Telehealth Medicare Reimbursement Signed Into Law
On March 15, 2022, President Joe Biden signed into law the Consolidated Appropriations Act, 2022, which was passed by Congress on March 8, 2022 (CAA). The CAA temporarily extends meaningful changes for reimbursement of Medicare services delivered via telehealth. All CAA provisions regarding telehealth amendments will last for 151 days following the expiration of the Public Health Emergency (PHE), which is currently set for April 16, 2022.
Stark and Anti-Kickback Final Rules Aim to Facilitate Transition to Value-Based Care and Ease Administrative Burdens
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ODH Permits All Ohio Surgeries to Resume
Thursday, June 4, 2020 On June 2, 2020, Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, issued a new comprehensive order permitting all surgeries to resume, effective immediately ( Surgery Resumption Order). The Surgery Resumption Order is available here. We have previously written about the March 17, 2020 ODH order that cancelled all non-essential or elective surgeries and procedures that use personal protective equipment (PPE).
Publications Ohio House Passes Bill to Protect Health Care Providers from Civil Liability and Professional Disciplinary Actions
Dan provides trusted counsel and advocacy to health care clients on a variety of matters, such as corporate compliance, provider credentialing, administrative proceedings and litigation. He also advises clients on practice formation and acquisition, as well as contract review and preparation. In recent years, Dan has helped health care companies and providers navigate through fraud and abuse investigations, antitrust reviews, and other white collar criminal matters.
New “Stay Safe Ohio” Order Rescinds Non-Essential Surgery Ban and Restarts Ambulatory Care
Tim is an attorney with more than two decades of experience in health care-related fields. He has worked as in-house counsel and external counsel for non-profit and commercial health care organizations, health systems, hospitals, physicians and physician groups, joint ventures, and other corporate clients.
New CMS Waivers Address COVID-19 Surge Planning and Revenue Opportunities
Tim is an attorney with more than two decades of experience in health care-related fields. He has worked as in-house counsel and external counsel for non-profit and commercial health care organizations, health systems, hospitals, physicians and physician groups, joint ventures, and other corporate clients.
Standards for Use of Opiates in Treatment of Pain Changes in Ohio
Thursday, December 27, 2018 On December 23, 2018, new State Medical Board of Ohio regulations became effective which marked another change in the legal standards governing provider use of opiates for treatment of pain.[1]Notably, these new regulations also serve to rescind and replace Ohio’s previously long-standing “Chronic Pain Rules,” also known as the “Intractable Pain Rules,” which were first adopted as a component of the earlier “5th Vital Sign” era which preceded the current opioid...
Ohio Physician Assistant Process Streamlined and Burdens Reduced for Employers and Physicians
Among other provisions, the enactment of HB 111 signifies fewer burdens and red tape for employers of physician assistants (PA) and their supervising physicians. Starting September 28, 2018, when the bill becomes effective[1], supervision agreements will no longer need to be filed with and approved in advance by the State Medical Board of Ohio (Board).
Unintended Consequences of Ohio's S.B. 319 Could Reduce Access to Addiction Treatment
In the midst of an acknowledged opioid epidemic and public health crisis for treatment resources and options, the Ohio General Assembly has approved Senate Bill 319 (S.B. 319) which contains provisions which are expected to aid in the response to this crisis. However, one provision of this new law will in all likelihood reduce access to Suboxone clinics operating in the State of Ohio.
Effective Dec 1, Pharmacies, Prescribers, and Wholesalers Must Report Gabapentin to Ohio Automated Rx Reporting System
Beginning December 1, 2016, the State of Ohio Board of Pharmacy requires pharmacies, prescribers, and wholesalers to report the dispensing, personal furnishing, and wholesale sale of all products containing gabapentin (brand names: Neurontin, Gralise, Horizant) to the Ohio Automated Rx Reporting System (OARRS).
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