30 E. Broad St., 3" Floor = State Medical Board — Cotumbus, onio 43215 10 | cronio Eeeoeenane December 9, 2015 Case number: 15-CRF-/AS Frank Welsh, M.D, 6200 Pleiffer Rd, #320 Cincinnati, OH 45242 Dear Doctor Welsh: In accordance with Chapter 119., Ohio Revised Code, you are hereby notified that the State Medical Board of Ohio [Board] intends to determine whether or not to limit, revoke, permanently revoke, suspend, refuse to register or reinstate your certificate to practice ‘medicine and surgery, or to reprimand you or place you on probation for one or more of the following reasons: (1) Inoraround September 2014 to in or around April 2015, you aided and abetted one or more individuals engaged in the unlicensed practice of medicine through conduct, that includes but is not limited to: making decisions related to the types of medications and dosing of medications used to treat patients’ erectile dysfunction without proper authorization under Ohio law, administering test dosages of said medications to patients, and directing patients how to inject themselves. You participated in this pattern of activity and/or aided or abetted others in engaging in this pattern of activity by examining patients, making the determination that the patients were physically fit to engage in sexual activity and to take erectile dysfunction medication, and/or pre-signing prescriptions that were used to dispense and/or administer erectile dysfunction medication to patients. In reliance of your determinations, the aforementioned unlicensed individual(s) violated State law. The unlawful medical treatment occurred with respect to Patients | through 18, as identified on the attached Patient Key. The Patient Key is confidential and not subject to public disclosure. Your acts, conduct, and/or omissions as alleged in paragraph (1) above, individually and/or collectively, constitute “[cJommission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed,” as that clause is used in Section 4731.22(B)(10), Ohio Revised Code, to wit: Complicity, Section 2923.03, Ohio Revised Code, and Practicing Medicine Without a Certificate, Sections 4731.41 and 4731.99, Ohio Revised Code, a felony of the fifth degree. Furthermore, for any violations that occurred on or after September 29, 2015, the board ‘may impose a civil penalty in an amount that shall not exceed twenty thousand dollars, pursuant to Section 4731.225, Ohio Revised Code. The civil penalty may be in addition to any other action the board may take under section 4731.22, Ohio Revised Code. Mull 12-75Frank Welsh, M.D. Page 2 Pursuant to Chapter 119., Ohio Revised Code, you are hereby advised that you are entitled toa hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the offices of the State Medical Board within thirty days of the time of mailing of this notice. You are further advised that, if you timely request a hearing, you are entitled to appear at such hearing in person, or by your attomey, or by such other representative as is permitted to practice before this agency, or you may present your position, arguments, or contentions in writing, and that at the hearing you may present evidence and examine witnesses appearing for or against you. In the event that there is no request for such hearing received within thirty days of the time of mailing of this notice, the State Medical Board may, in your absence and upon consideration of this matter, determine whether or not to limit, revoke, permanently revoke, suspend, refuse to register or reinstate your certificate to practice medicine and surgery or to reprimand you or place you on probation. Please note that, whether or not you request a hearing, Section 4731.22(L.), Ohio Revised Code, provides that “[wJhen the board refuses to grant a certificate to an applicant, revokes an individual's certificate to practice, refuses to register an applicant, or refuses to reinstate an individual's certificate to practice, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafier ineligible to hold a certificate to practice and the board shall not accept an application for reinstatement of the certificate or for issuance of a new certificate.” Copies of the applicable sections are enclosed for your information, Very truly yours, Tob Gotherora Hb Kim G. Rothermel, M.D. Secretary KGRIBR/flb Enclosures CERTIFIED MAIL #91 7108 2133 3936 3071 4373 RETURN RECEIPT REQUESTED. Lisa Pierce Reisz, Vorys, Sater, Seymour and Pease, LLP, 52 E. Gay Street, P.O, Box 1008, Columbus, OH 43216-1008 CERTIFIED MAIL #91 7108 2133 3936 3071 4366 RETURN RECEIPT REQUESTEDIN THE MATTER OF FRANK WELSH, M.D. 15-CRF-125 DECEMBER 9, 2015, NOTICE OF OPPORTUNITY FOR HEARING - PATIENT KEY SEALED TO PROTECT PATIENT CONFIDENTIALITY AND MAINTAINED IN CASE RECORD FILE.