Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Essential Businesses in Ohio: Today’s Announcements Apply to You

Client Alert

Governor DeWine announced the “Responsible Restart Ohio” program this afternoon to set the stage for reopening certain areas of the Ohio economy. Matt Heinle and Jeff Miller posted on the overall requirements today. While the announcement and our post focused on reopening certain businesses, the mandatory requirements and recommendations apply to ALL businesses, including those which had been open and operating as an Essential Business.  

What am I required to do?

Governor DeWine published five protocols for all businesses:

  1. No mask, no work, no service, no exception. Require face coverings for employees and clients/customers at all times. Face coverings include surgical-type masks as well as cloth masks, handkerchiefs, scarves, etc. These masks can be provided by the employee or the employer.
  2. Conduct daily health assessments by employers and employees (self-evaluation) to determine if “fit for duty.” Remember not to record individual temperatures, just whether the health assessments have been conducted.
  3. Maintain good hygiene at all times – hand washing, sanitizing and social distancing. These are similar requirements to what was already in place under the original Stay at Home Order.
  4. Clean and sanitize workplaces throughout workday and at the close of business or between shifts.
  5. Limit capacity to meet social distancing guidelines. Maximum capacity should be 50% of fire code. Also, use appointment setting and staggered shifts where possible to limit congestion.  

When am I required to do these?

There is no reason to delay implementation, but today’s announcements give you time to get into compliance. 

 What do I do if an employee or customer tests positive?

The requirements are much more stringent than a positive test. If there is even a suspected case or exposure, employer must contact the Local Health District.  The other obligations are in the links above. 

Where can I get more help understanding how to operate and address employee concerns?

Contact the BMD Labor and Employment team. Right now, a business is most likely to get into trouble when its employees feel unsafe and report their employer to the public health department. Additionally, the sanitization and safety measures may create wage and hour concerns. We can help you develop your plan to reopen to ensure your employees and customers feel safe returning to your workplace. 

For more information, contact Jeffrey C. Miller at 216.658.2323 or jcmiller@bmdllc.com or Ashley B. Watson at 614.246.7518 or abwatson@bmdllc.com.


Name, Image, and Likeness Agreements in Healthcare

For example, some healthcare providers have begun to utilize "Name, Image, and Likeness" agreements to promote the brand they have created through their healthcare practice.  We have seen the most healthcare NIL activity with longevity and wellness providers, as well as orthopedics.

Compounding GLP-1 Drugs - Recent Updates

Recent guidance from the Ohio Board of Pharmacy (“BOP”) indicates that providers should generally use the FDA approved GLP-1 drug, rather than a non-FDA approved compounded version of the medication. Importantly, if a GLP-1 drug is commercially available, it cannot be copied through compounding. Currently, compounded copies of Tirzepatide and Semaglutide are not permitted.

Top Compliance Risks for Ohio Med-Spas in 2025

The Ohio Board of Pharmacy has increased inspections of med-spas holding Terminal Distributor of Dangerous Drugs (TDDD) licenses, with many facing enforcement actions in 2025. Common issues include purchasing from unlicensed distributors, improper drug storage, inadequate recordkeeping, and insufficient prescriber oversight. Understanding these risks and maintaining compliance can help protect your practice from penalties and license suspension.

Pre and Postnuptial Agreements | Necessary, Maybe, What Happened to Forever?

Both Florida and Ohio now allow clients to enter into a prenuptial or postnuptial agreement prior to marriage or after marriage (Ohio previously did not allow postnuptial agreements). Both documents have statutory guidelines that must be followed in terms of execution and financial disclosure.

DHS Ends All Employment Authorization Auto-Extensions

Effective October 30, 2025, DHS ends all automatic work authorization renewals. The 540-day extension applies only to renewals filed before this date, and there is no grace period for expired EADs filed on or after October 30. Employers must audit EADs, train staff, ensure I-9 compliance, and plan for work authorization gaps. Penalties for noncompliance can be severe.