CHILLICOTHE, Ohio — Rufus Frank Lowman, the former physician assistant whose license was permanently revoked by the State Medical Board of Ohio in September 2024, has fired back in his ongoing legal battle, filing a response to the board’s defense of its decision in Ross County Common Pleas Court. Lowman, through his attorney Benjamin J. Partee, argues that the board’s ruling was riddled with legal errors and lacked sufficient evidence, demanding reinstatement of his ability to practice medicine in Ohio.
Lowman’s appeal, filed in response to the board’s brief submitted on March 19, 2025, doubles down on his claim that the state misapplied Ohio law and unfairly penalized him for prescribing Schedule II controlled substances to 11 patients. The board revoked his license and fined him $5,000 after concluding he acted without proper physician supervision or legal authority, a decision Lowman insists was unjust.
At the core of Lowman’s response is his contention that the Ohio Medical Board wrongly shifted the burden of proof onto him during the disciplinary process. The board argued that Lowman’s prescribing practices violated Ohio Revised Code (O.R.C.) sections 4730.411(A) and 4730.41(B), which generally prohibit physician assistants (PAs) from prescribing Schedule II controlled substances unless specific conditions are met—such as the patient being terminally ill and the supervising physician initiating the prescription. Lowman admitted to issuing the prescriptions but claimed he was protected by a “safe harbor” provision under O.R.C. 4730.411(B)(14).
This provision allows PAs to prescribe such medications at behavioral health practices focused on mental health or substance use disorders, provided their supervising physician is employed by the practice. Lowman asserts that his Rose Medical Clinic in Chillicothe, where he was the sole provider, met these criteria, with roughly 80% of its services dedicated to mental health and substance abuse treatment.
In its brief, the board dismissed this defense, stating that Lowman failed to prove his clinic qualified as a behavioral health facility or that his supervising physician, Dr. Russell Lee-Wood, was an employee of the practice. The board highlighted that Dr. Lee-Wood, based two hours away in Barnesville, Ohio, provided only remote supervision through a third-party agency, Barton and Associates, and had never visited the clinic or met Lowman in person.
Lowman’s response fiercely disputes this characterization. He argues that the board—not he—bore the burden of proving his clinic didn’t qualify for the exemption. “The state’s assertion that I had to affirmatively prove every element of the safe harbor is a gross misreading of the law,” Lowman’s brief contends. “They failed to present reliable, probative, and substantial evidence that my practice fell outside the statute’s protection.”
Lowman also challenges the board’s portrayal of his supervision arrangement, insisting that Dr. Lee-Wood’s remote oversight complied with Ohio law and that the lack of in-person interaction was irrelevant. He accuses the board of cherry-picking evidence to paint him as a rogue practitioner, ignoring testimony about his clinic’s focus on addiction treatment with medications like buprenorphine and Vivitrol.
Lowman’s appeal comes amid a firestorm of controversy that extends beyond his medical practices. The former PA, a 2010 graduate of Nova Southeastern University’s Physician Assistant program, has been a lightning rod in Chillicothe since his license suspension in May 2024, when the board cited an “immediate and serious harm” to the public. The permanent revocation followed a July 2, 2024, hearing where Lowman testified, represented by counsel, but failed to sway the board.
Beyond the prescribing violations, Lowman faces allegations of sexual abuse from a woman claiming he assaulted her as a child—claims reportedly supported by an audio recording and under investigation by a Florida sheriff’s office. Former patients’ families have also accused him of malpractice, linking his prescribing habits to deaths, while others allege insurance fraud and HIPAA violations at Rose Medical Clinic.
The community’s reaction to Lowman’s appeal has been visceral. “He’s grasping at straws to dodge responsibility,” said a Chillicothe resident whose relative was treated by Lowman. “The board saw through his excuses, and the court should too.” Supporters, however, argue he’s being unfairly targeted for technical violations in a system that often overlooks rural healthcare challenges.
The Ross County Common Pleas Court, presided over by Judge Matthew S. Schmidt, will now weigh Lowman’s arguments against the board’s defense. Under Ohio’s administrative appeal standard (O.R.C. 119.12), the court must determine if the board’s order is supported by reliable, probative, and substantial evidence and aligns with the law. If it finds deficiencies, it could overturn the revocation or remand the case for further review—though it cannot alter the penalty unless the board’s decision is legally unsound.
Legal experts suggest Lowman faces an uphill battle. “The court gives significant deference to the board’s findings,” said one Ohio administrative law attorney, speaking anonymously. “Unless he can show a clear error in how the law was applied, his chances are slim.”