Ohio § 3701.351

§ 3701.351.

(A) The governing body of every hospital shall set standards and procedures to be applied

by the hospital and its medical staff in considering and acting upon applications

for staff membership or professional privileges.  These standards and procedures shall be available for public inspection. (B) The governing body of any hospital, in considering and acting upon applications for

staff membership or professional privileges within the scope of the applicants' respective

licensures, shall not discriminate against a qualified person solely on the basis

of whether that person is licensed to practice medicine, osteopathic medicine, or

podiatry, is licensed to practice dentistry or psychology, or is licensed to practice

nursing as an advanced practice registered nurse.  Staff membership or professional privileges shall be considered and acted on in

accordance with standards and procedures established under division (A) of this section.  This section does not permit a psychologist to admit a patient to a hospital in

violation of section 3727.06 of the Revised Code . (C) The governing body of any hospital that provides maternity services, in considering

and acting upon applications for clinical privileges, shall not discriminate against

a qualified person solely on the basis that the person is authorized to practice nurse-midwifery.  An application from a certified nurse-midwife who is not employed by the hospital

shall contain the name of a physician member of the hospital's medical staff who holds

clinical privileges in obstetrics at that hospital and who has agreed to be the collaborating

physician for the applicant in accordance with section 4723.43 of the Revised Code . (D) Any person may apply to the court of common pleas for temporary or permanent injunctions

restraining a violation of division (A), (B), or (C) of this section.  This action is an additional remedy not dependent on the adequacy of the remedy

at law. (E)(1) If a hospital does not provide or permit the provision of any diagnostic or treatment

service for mental or emotional disorders or any other service that may be legally

performed by a psychologist licensed under Chapter 4732. of the Revised Code, this

section does not require the hospital to provide or permit the provision of any such

service and the hospital shall be exempt from requirements of this section pertaining

to psychologists. (2) This section does not impair the right of a hospital to enter into an employment,

personal service, or any other kind of contract with a licensed psychologist, upon

any such terms as the parties may mutually agree, for the provision of any service

that may be legally performed by a licensed psychologist.