STATE MEDICAL BOARD

OF OHIO

RECEIVED:
July 24, 2020

BEFORE THE STATE MEDICAL BOARD OF OHIO

In the Matter of *
Case No. 20-CRF-0101
Ted W. Grace, M.D., M.P.H., *
Hearing Examiner Porter
Respondent. *

ENTRY

On July 8, 2020, the State Medical Board of Ohio (“Board”) issued a notice of opportunity for
hearing to Ted W. Grace, M.D., M.P.H., the Respondent in this matter, who thereafter requested a
hearing. On July 10, 2020, the Board notified him by certified mail of the date, time, and place of
the hearing; however, the Board then postponed the hearing pursuant to Section 119.09, Ohio
Revised Code.

Hearing Dates; Status Conference

With the agreement of the parties, the hearing on this matter will commence on Wednesday,
January 6, 2021, at 9:30 a.m. EST, and continue as necessary through Friday, January 8,
2021. Because of the public health concerns surrounding the Covid-19 virus, the hearing will be
conducted by videoconference.

On Thursday, December 10, 2020, at 10:30 a.m. EST, the Hearing Examiner will initiate a
telephone conference with counsel for Dr. Grace and counsel for the State. The purpose of this
conference will be to establish an order for the exchange of witness lists, expert witness reports, and
exhibits; determine whether matters may be stipulated; and discuss other procedural matters. The
conference shall also serve as an opportunity to test the computer hardware of the parties and any
witnesses to ensure that everyone can fully participate in the hearing. Counsel for the State and
Dr. Grace should provide the Hearing Examiner with the email addresses of all proposed
witnesses prior to the prehearing conference so that the Hearing Examiner can ensure that the
witnesses are able to participate in the hardware test.

Exchange of Documents and Witness Lists

Pursuant to Rule 4731-13-1, and with the agreement of the parties, the parties shall abide by the
following schedule established for the exchange of hearing exhibits, lists of lay and expert
witnesses, and expert witness reports:

1. On or before Friday, August 28, 2020, the State shall deliver to the Respondent the
following documents, unless previously delivered: copies of written reports from any expert
witnesses who will testify on the State’s behalf, copies of the exhibits that the State plans to
Entry in the Matter of Ted W. Grace, M.D., M.P.H. Page 2
Case No. 20-CRF-0101

present at hearing, and a list identifying the names and contact information of all lay and
expert witnesses that the State will present at hearing.

2. On or before Friday, September 25, 2020, the Respondent shall deliver to the State’s
Assistant Attorney General the following documents, unless previously delivered: copies
of written reports from any expert witnesses who will testify on the Respondent’s behalf
(including an expert report from the Respondent should he intend to testify as an expert
witness on his own behalf), copies of the exhibits that the Respondent plans to present
at hearing, and a list identifying the names and contact information of all lay and expert
witnesses that the Respondent will present at hearing.

3. On or before Tuesday, October 27, 2020, the State’s Assistant Attorney General shall
deliver to the Respondent a list identifying the names and contact information of any
additional lay and expert witnesses that the State will present at hearing, copies of any
supplemental reports from expert witnesses who will testify on the State’s behalf, and copies
of any additional exhibits that the State intends to present at hearing. All reports and
additional exhibits shall be responsive to the materials provided by the Respondent pursuant
to paragraph 2, above.

4. On or before Friday, November 13, 2020, the Respondent shall deliver to the State’s
Assistant Attorney General a list identifying the names and contact information of any
additional lay and expert witnesses that the Respondent will present at hearing, and copies
of any additional exhibits and supplemental expert reports that the Respondent intends to
present at hearing. All such additional exhibits and supplemental reports shall be
responsive to the materials provided by the State pursuant to paragraph 3, above.

5. Pursuant to Rule 4731-13-18(F), an expert’s written report shall set forth the opinions to
which the expert will testify and the bases for such opinions. Additionally, pursuant to
Rule 4731-13-18(D) and Rule 4731-13-18(E), a party shall notify the hearing examiner in
the event of any deficiency in the material provided by the other party and shall also notify
the hearing examiner in the event the other party fails to comply with a deadline established
by this Entry. Further, pursuant to Rule 4731-13-18(C), failure to timely produce an
exhibit, identify a witness, or produce a written report from an expert witness shall, absent
extraordinary circumstances, result in the exclusion at hearing of such document,
testimony, or report

Filing Documents with the Board

Whenever a document is required to be filed with the Board in this matter, the original shall be
filed with the Hearing Unit, State Medical Board of Ohio, 30 East Broad Street, Third Floor,
Columbus, Ohio, 43215-6127, with a certificate of service showing that a copy was provided to
the opposing party or opposing party’s counsel. Alternatively, the document may be filed as an
attachment to an email and sent to HearingUnit@med.ohio.gov. The case number must be
placed on all filings.
Entry in the Matter of Ted W. Grace, M.D., M.P.H. Page 3
Case No. 20-CRF-0101

Representation

Dr. Grace has a right to be represented by counsel, or he may represent himself. He may also
submit his defense in writing. If Dr. Grace desires to be represented by counsel, he should promptly
seek such representation. Undue delay in securing the services of an attorney does not
constitute good cause to continue (postpone) the hearing. Note that, in order for counsel to enter
an appearance and participate in the hearing, he or she must be licensed to practice law in Ohio.

Continuances

Hearings are not continued on a party’s motion unless a showing of good cause and due diligence is
made. A motion for continuance received in the Board’s offices later than fourteen days prior to
the scheduled hearing will not be granted unless the party demonstrates that an extraordinary
situation exists that could not have been anticipated that would justify the granting of a continuance.

Marking Exhibits

During the hearing, any party intending to introduce an exhibit shall present the original document
plus a minimum of three copies: one copy for the Hearing Examiner, one copy for the opposing
party, and one copy for the use of witnesses. The parties are required to mark each exhibit that they
intend to introduce at the hearing, with the State using numbers (e.g., State’s Exhibit 1) and the
Respondent using letters (e.g., Respondent’s Exhibit A). If an exhibit consists of more than 10
pages, each page shall be numbered in the lower right-hand corner.

Patient Confidentiality; Social Security Numbers

All parties shall maintain the confidentiality of patient-identifying information. Documents that
contain patient-identifying information are confidential. Patient-identifying information
includes but is not limited to the patients’ name, the names of patients’ close relatives, and
patients’ addresses, telephone numbers, and dates of birth. If confidential documents are
exchanged between the parties, the parties shall maintain the confidentiality of those documents.
Confidential documents presented as exhibits at hearing must either be sealed to protect
patient confidentiality or have patient-identifying information redacted. This is true even if
the documents would be considered public records in another forum.

Furthermore, patient confidentiality shall be maintained during the hearing. Patients shall be
referred to during hearing by patient number rather than by name. Relatives of patients shall be
referred to by their relationship to the patient, e.g., Spouse of Patient 1, Sister of Patient 1,
et cetera. However, if the patient is a relative of the Respondent, such as in a case where the
physician is alleged to have prescribed medication to a spouse, then the patient shall be referred to
simply as the Respondent’s family member to avoid identifying that patient. Moreover, in cases
involving multiple patients, if a patient witness is asked to identify him- or herself from a
patient key, or if a relative of a patient is asked to identify his or her patient-relative from a
patient key, then the names of other patients on the patient key shall be masked from the
witness’s view. However, the patient key need not be masked for expert witnesses, the
Entry in the Matter of Ted W. Grace, M.D., M.P.H. Page 4
Case No. 20-CRF-0101

Respondent, Medical Board staff, law enforcement personnel, or past or current employees of the
Respondent’s medical practice.

Additionally, if an exhibit includes a Social Security number, unless that exhibit will be sealed to
protect patient confidentiality, the number shall be redacted before the exhibit is offered into
evidence unless the number is a necessary item of evidence.

Copies of Exhibits for the Hearing Examiner

Both parties shall provide the Hearing Examiner with copies of their labeled exhibits at least three
business days before the hearing.

Settlement

The parties are expected to comply with the Board’s post-citation settlement policy.

Distribution of Entries

A copy of this Entry is being provided to the Respondent; however, Respondent’s copies of
future entries will be sent only to the Respondent’s counsel. In addition, entries will be
distributed via email only. Should counsel require a hard copy of an entry, it will be provided on
request.

Procedural Authority

This proceeding is governed by Sections 119.07 and 119.09, and Chapter 4731, Ohio Revised
Code, and the administrative rules promulgated thereunder. Chapter 4731 and the administrative
rules controlling this proceeding are available upon request at the Board offices or from its
website, (http://med.ohio.gov/).

_________________________________
__________________
_ _
___________________
R.
R Gregory PPorter
orter
Hearing Examiner
614-752-8210
greg.porter@med.ohio.gov

Served upon:

Ted W. Grace, M.D., M.P.H., via regular U.S. Mail

Shari R. Rhode, Esq., Illinois counsel for Dr. Grace, via email
Kyle C. Wilcox and Melinda R. Snyder, Assistant Attorneys General, via email