Ohio Revised Code

Ohio Rev. Code § 4731.39 (2026)

Enforcement

✓ current as of May 2026
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The secretary of the state medical board shall enforce this chapter and the rules adopted under it. If the secretary has knowledge or notice of a violation, the secretary shall investigate the matter, and, upon probable cause appearing, file a complaint and prosecute the offender. When requested by the secretary, the prosecuting attorney of the proper county shall take charge of and conduct such prosecution.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1986–2025 · leading case: Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986).
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Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). · cites it 2× “Ohio Rev.Code Ann. § 4731.39 (Page 1977).”
Talwar v. State Med. Bd. of Ohio, 806 N.E.2d 1009 (Ohio Ct. App. 2004). · cites it 4× “R.C. 4731.39 mandates that, if the secretary of the medical board, *488 following an investigation, finds probable cause for a violation, he is to file a complaint against the violator.”
State ex rel. Talwar v. State Med. Bd., 104 Ohio St. 3d 290 (Ohio 2004). “39 imposes a duty on the secretary of the board to “enforce the laws relating to the practice of medicine and surgery,” and “[i]f he has knowledge or notice of a violation, he shall investigate the matter, and, upon probable cause appearing, file a complaint and prosecute the…”
State ex rel. Reigert v. State Med. Bd. of Ohio, 2025 Ohio 5868 (Ohio Ct. App. 2025). “22(B)(6) and formally discipline him as mandated by RC4731.39.” (Sic passim.) Reigert v. State Med.”
State Ex Rel. Lakeland Anesthesia Grp., Inc. v. Ohio State Med. Bd., 600 N.E.2d 270 (Ohio Ct. App. 1991). “60, which prohibit anyone who is not licensed by the board from practicing medicine, osteopathic medicine, or podiatrist medicine, respectively.”
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