As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 31 5
1997-1998 6
SENATORS SUHADOLNIK-WHITE-FURNEY-McLIN 8
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A B I L L
To amend sections 1701.03, 1705.03, 1705.04, 12
1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 13
1785.06, 1785.07, 1785.08, 3929.73, 4731.22, 14
4731.44, 4731.65, 4734.03, 4734.10, and 4734.17,
to enact sections 4725.114, 4731.226, and 16
4734.091 of the Revised Code, and to repeal
Section 4 of Am. Sub. S.B. 191 of the 120th 18
General Assembly to authorize optometrists,
chiropractors, and doctors of medicine and 20
surgery, osteopathic medicine and surgery, or 21
podiatric medicine and surgery to engage in their
respective practices in a combined form of a 22
professional corporation, limited liability 23
company, partnership, or professional association 24
and to remove the uncodified law prohibition 25
against those types of doctors practicing their
professions by using certain of the latter forms 26
of business entities. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 1701.03, 1705.03, 1705.04, 31
1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 1785.06, 1785.07, 32
1785.08, 3929.73, 4731.22, 4731.44, 4731.65, 4734.03, 4734.10, 33
and 4734.17 be amended and sections 4725.114, 4731.226, and 35
4734.091 of the Revised Code be enacted to read as follows: 38
Sec. 1701.03. (A) A corporation may be formed under this 47
chapter for any purpose or combination of purposes for which 48
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individuals lawfully may associate themselves, except that, if 49
the Revised Code contains special provisions pertaining to the 50
formation of any designated type of corporation other than a 51
professional association, as defined in section 1785.01 of the 52
Revised Code, a corporation of that type shall be formed in 53
accordance with the special provisions. 54
(B) On and after the effective date of this amendment JULY 56
1, 1994, a corporation may be formed under this chapter for the 57
purpose of carrying on the practice of any profession, including, 58
but not limited to, a corporation for the purpose of providing 59
public accounting or certified public accounting services, a 60
corporation for the erection, owning, and conducting of a 61
sanitarium for receiving and caring for patients, medical and 62
hygienic treatment of patients, and instruction of nurses in the 63
treatment of disease and in hygiene, and a corporation for the 64
purpose of providing architectural, landscape architectural, 65
professional engineering, or surveying services or any 66
combination of those types of services, AND A CORPORATION FOR THE 67
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, 68
AS DEFINED IN SECTION 1785.01 OF THE REVISED CODE, OF 69
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, 70
OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED
CODE, AND OF DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC 71
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY 72
AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE. This chapter 73
does not restrict, limit, or otherwise affect the authority or 74
responsibilities of any agency, board, commission, department, 75
office, or other entity to license, register, and otherwise 76
regulate the professional conduct of individuals or organizations 77
of any kind rendering professional services, as defined in 78
section 1785.01 of the Revised Code, in this state or to regulate 79
the practice of any profession that is within the jurisdiction of 80
the agency, board, commission, department, office, or other 81
entity, notwithstanding that an individual is a director, 82
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officer, employee, or other agent of a corporation formed under 83
this chapter and is rendering professional services or engaging 84
in the practice of a profession through a corporation formed 85
under this chapter or that the organization is a corporation 86
formed under this chapter. 87
(C) Nothing in division (A) or (B) of this section 89
precludes the organization of a professional association in 90
accordance with this chapter and Chapter 1785. of the Revised 91
Code or the formation of a limited liability company under 92
Chapter 1705. of the Revised Code with respect to a business, as 93
defined in section 1705.01 of the Revised Code. 94
Sec. 1705.03. (A) A limited liability company may sue and 103
be sued.
(B) Unless otherwise provided in its articles of 105
organization, a limited liability company may take property of 106
any description or any interest in property of any description by 107
gift, devise, or bequest and may make donations for the public 108
welfare or for charitable, scientific, or educational purposes.
(C) In carrying out the purposes stated in its articles of 110
organization or operating agreement and subject to limitations 112
prescribed by law or in its articles of organization or its 113
operating agreement, a limited liability company may do all of
the following: 114
(1) Purchase or otherwise acquire, lease as lessee or 116
lessor, invest in, hold, use, encumber, sell, exchange, transfer, 117
and dispose of property of any description or any interest in 118
property of any description;
(2) Make contracts; 120
(3) Form or acquire the control of other domestic or 122
foreign limited liability companies; 123
(4) Be a shareholder, partner, member, associate, or 125
participant in other profit or nonprofit enterprises or ventures; 126
(5) Conduct its affairs in this state and elsewhere; 128
(6) Render IN THIS STATE AND ELSEWHERE a professional 130
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service or, the kinds of professional services authorized under 132
Chapters 4703. and 4733. of the Revised Code in this state and 133
elsewhere, OR A COMBINATION OF THE PROFESSIONAL SERVICES OF
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, 134
OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED 135
CODE, AND OF DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC 136
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY
AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE; 137
(7) Borrow money; 139
(8) Issue, sell, and pledge its notes, bonds, and other 141
evidences of indebtedness; 142
(9) Secure any of its obligations by mortgage, pledge, or 144
deed of trust of all or any of its property; 145
(10) Guarantee or secure obligations of any person; 147
(11) Do all things permitted by law and exercise all 149
authority within or incidental to the purposes stated in its 150
articles of organization.
(D) In addition to the authority conferred by division (C) 152
of this section and irrespective of the purposes stated in its 153
articles of organization or operating agreement but subject to 155
any limitations stated in those articles or its operating
agreement, a limited liability company may invest funds not 156
currently needed in its business in any securities if the 157
investment does not cause the company to acquire control of 158
another enterprise whose activities and operations are not 159
incidental to the purposes stated in the articles of organization
of the company. 160
(E)(1) No lack of authority or limitation upon the 162
authority of a limited liability company shall be asserted in any 163
action except as follows:
(a) By the state in an action by it against the company; 165
(b) By or on behalf of the company in an action against a 167
manager, an officer, or any member as a member; 168
(c) By a member as a member in an action against the 170
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company, a manager, an officer, or any member as a member; 171
(d) In an action involving an alleged improper issue of a 173
membership interest in the company. 174
(2) Division (E)(1) of this section applies to any action 176
commenced in this state upon any contract made in this state by a 177
foreign limited liability company. 178
Sec. 1705.04. (A) Two or more persons, without regard to 187
residence, domicile, or state of organization, may form a limited 188
liability company. The entity COMPANY is formed when one or more 190
persons or their authorized representative signs and files with 191
the secretary of state articles of organization that set forth 192
all of the following: 193
(1) The name of the company; 195
(2) Except as provided in division (B) of this section, 197
the period of its duration, which may be perpetual; 198
(3) The address to which interested persons may direct 200
requests for copies of any operating agreement and any bylaws of 201
the company; 202
(4) Any other provisions that are from the operating 204
agreement or that are not inconsistent with applicable law and 205
that the members elect to set out in the articles for the 206
regulation of the affairs of the company. 207
(B) If the articles of organization do not set forth the 209
period of the duration of the limited liability company, its 210
duration shall be perpetual. 211
(C) If a limited liability company is formed under this 213
chapter for the purpose of rendering a professional service or, 214
the kinds of professional services authorized under Chapters 215
4703. and 4733. of the Revised Code, OR A COMBINATION OF THE 216
PROFESSIONAL SERVICES OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 217
4725. OF THE REVISED CODE, OF CHIROPRACTORS AUTHORIZED UNDER 218
CHAPTER 4734. OF THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND 220
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 221
AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE, 222
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the following apply:
(1) Each member, employee, or other agent of the company 224
who renders a professional service in this state and, if the 225
management of the company is not reserved to its members, each 226
manager of the company who renders a professional service in this 227
state shall be licensed, CERTIFICATED, or otherwise legally 229
authorized to render in this state the same kind of professional 230
service or,; if applicable, the kinds of professional services 231
authorized under Chapters 4703. and 4733. of the Revised Code; 232
OR, IF APPLICABLE, ANY OF THE KINDS OF PROFESSIONAL SERVICES OF 233
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, 234
OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED 235
CODE, OR OF DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 236
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER 237
CHAPTER 4731. OF THE REVISED CODE.
(2) Each member, employee, or other agent of the company 239
who renders a professional service in another state and, if the 240
management of the company is not reserved to its members, each 241
manager of the company who renders a professional service in 242
another state shall be licensed, CERTIFICATED, or otherwise 244
legally authorized to render that professional service in the 245
other state.
(D) Except for the provisions of this chapter pertaining 247
to the personal liability of members, employees, or other agents 248
of a limited liability company and, if the management of the 249
company is not reserved to its members, the personal liability of 250
managers of the company, this chapter does not restrict, limit, 251
or otherwise affect the authority or responsibilities of any 252
agency, board, commission, department, office, or other entity to 253
license, CERTIFICATE, register, and otherwise regulate the 254
professional conduct of individuals or organizations of any kind 256
rendering professional services in this state or to regulate the 257
practice of any profession that is within the jurisdiction of the 258
agency, board, commission, department, office, or other entity, 259
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notwithstanding that the individual is a member or manager of a 260
limited liability company and is rendering the professional 261
services or engaging in the practice of the profession through 262
the limited liability company or that the organization is a 263
limited liability company. 264
Sec. 1705.53. Subject to any contrary provisions of the 274
Ohio Constitution, the laws of the state under which a foreign 275
limited liability company is organized govern its organization 276
and internal affairs and the liability of its members. A foreign 277
limited liability company may not be denied a certificate of 278
registration as a foreign limited liability company in this state 279
because of any difference between the laws of the state under
which it is organized and the laws of this state. However, a 280
foreign limited liability company that applies for registration 281
under this chapter to render a professional service in this 282
state, as a condition to obtaining and maintaining a certificate 283
of registration, shall comply with the requirements of division 284
(B)(C) of section 1705.04 of the Revised Code and, SHALL COMPLY 285
WITH THE REQUIREMENTS OF CHAPTERS 4703. AND 4733. OF THE REVISED 286
CODE if the kinds of professional services authorized under 287
Chapters 4703. and 4733. of the Revised Code THOSE CHAPTERS are 289
to be rendered, OR WITH the requirements of those chapters 290
CHAPTERS 4725., 4731., AND 4734. OF THE REVISED CODE IF A 291
COMBINATION OF THE PROFESSIONAL SERVICES OF OPTOMETRISTS
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, OF 293
CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED CODE, 294
AND OF DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 295
SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER 296
CHAPTER 4731. OF THE REVISED CODE ARE TO BE RENDERED.
Sec. 1785.01. As used in this chapter: 305
(A) "Professional service" means any type of professional 307
service which THAT may be performed only pursuant to a license, 308
certificate, or other legal authorization, as provided by 309
Chapters ISSUED PURSUANT TO CHAPTER 4701., 4703., 4705., 4715., 311
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4723., 4725., 4729., 4731., 4732., 4733., 4734., and OR 4741., 312
and sections 4755.01 to 4755.12, and OR sections 4755.40 to 313
4755.53 of the Revised Code, to certified public accountants, 315
licensed public accountants, architects, attorneys, 316
chiropractors, dentists, pharmacists, optometrists, physicians 317
DOCTORS OF MEDICINE AND SURGERY, DOCTORS OF OSTEOPATHIC MEDICINE 318
AND SURGERY, DOCTORS OF PODIATRIC MEDICINE and surgeons SURGERY, 319
practitioners of limited branches of medicine or surgery as 320
defined in section 4731.15 of the Revised Code, psychologists, 321
professional engineers, veterinarians, physical therapists, and 322
registered nurses, and occupational therapists. 323
(B) "Professional association" means an association THAT 325
IS organized under this chapter, for the sole purpose of 326
rendering one of the professional services authorized under 327
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4731., 328
4732., 4733., 4734., or 4741. or, sections 4755.01 to 4755.12, or 329
sections 4755.40 to 4755.53 of the Revised Code, or a combination 330
of the professional services authorized under Chapters 4703. and 331
4733. of the Revised Code, OR A COMBINATION OF THE PROFESSIONAL 332
SERVICES OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE 333
REVISED CODE, OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF 334
THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND SURGERY, 335
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 336
SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE.
Sec. 1785.02. An individual or group of individuals each 345
of whom is licensed, CERTIFICATED, or otherwise legally 346
authorized to render WITHIN THIS STATE the same kind of 347
professional service within this state, or a group of individuals 349
each of whom is licensed, CERTIFICATED, or otherwise LEGALLY 350
authorized to render WITHIN THIS STATE the professional service 351
within this state authorized under either Chapter 4703. or 4733. 352
of the Revised Code, OR A GROUP OF INDIVIDUALS EACH OF WHOM IS 353
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO RENDER 354
WITHIN THIS STATE THE PROFESSIONAL SERVICE OF OPTOMETRISTS 355
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AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, THE 357
PROFESSIONAL SERVICE OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 358
4734. OF THE REVISED CODE, OR THE PROFESSIONAL SERVICE OF DOCTORS 359
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR 360
PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF 361
THE REVISED CODE may organize and become a shareholder, or 362
shareholders, of a professional association. Any group of 363
individuals described in this section who may be rendering one of 364
the professional services as an organization created otherwise 365
than pursuant to this chapter may incorporate under and pursuant 366
to this chapter by amending the agreement establishing the 367
organization in a manner that the agreement as amended
constitutes articles of incorporation prepared and filed in the 368
manner prescribed in section 1785.08 of the Revised Code and by 369
otherwise complying with the applicable requirements of this 370
chapter.
Sec. 1785.03. A professional association may render A 379
PARTICULAR professional service only through officers, employees, 380
and agents who are themselves duly licensed, CERTIFICATED, or 381
otherwise legally authorized to render THE professional service 382
within this state. The term "employee" as AS used in this 383
section, "EMPLOYEE" does not include clerks, bookkeepers, 385
technicians, or other individuals who are not usually and
ordinarily considered by custom and practice to be rendering A 386
PARTICULAR professional services SERVICE for which a license, 388
CERTIFICATE, or other legal authorization is required, nor AND 389
does the term "employee" NOT include any other person who 390
performs all his OF THAT PERSON'S employment under the direct 391
supervision and control of an officer, agent, or employee who is 392
himself rendering RENDERS A PARTICULAR professional service to 393
the public on behalf of the corporation PROFESSIONAL ASSOCIATION. 394
Sec. 1785.05. A professional association may issue its 403
capital stock only to persons who are duly licensed, 404
CERTIFICATED, or otherwise legally authorized to render WITHIN 405
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THIS STATE the same professional service as that for which the 406
association was organized OR, IN THE CASE OF A COMBINATION OF 407
PROFESSIONAL SERVICES DESCRIBED IN DIVISION (B) OF SECTION 408
1785.01 OF THE REVISED CODE, TO RENDER WITHIN THIS STATE ANY OF
THE APPLICABLE TYPES OF PROFESSIONAL SERVICES FOR WHICH THE 409
ASSOCIATION WAS ORGANIZED.
Sec. 1785.06. A professional association shall, within 418
thirty days after the thirtieth day of June in each year, SHALL 419
furnish a statement to the secretary of state showing the names 420
and post-office addresses of all OF THE shareholders in the 421
corporation ASSOCIATION and shall certify CERTIFYING that all OF 423
THE shareholders are duly licensed, CERTIFICATED, or otherwise 425
legally authorized to render WITHIN THIS STATE THE SAME
professional service in this state FOR WHICH THE ASSOCIATION WAS 427
ORGANIZED OR, IN THE CASE OF A COMBINATION OF PROFESSIONAL 428
SERVICES DESCRIBED IN DIVISION (B) OF SECTION 1785.01 OF THE 429
REVISED CODE, TO RENDER WITHIN THIS STATE ANY OF THE APPLICABLE
TYPES OF PROFESSIONAL SERVICES FOR WHICH THE ASSOCIATION WAS 430
ORGANIZED. This report STATEMENT shall be made on such A form as 432
shall be prescribed by THAT the secretary of state SHALL 433
PRESCRIBE, shall be signed by an officer of the corporation 435
ASSOCIATION, and shall be filed in the office of the secretary of 437
state.
If any professional association fails to file the annual 439
report STATEMENT within the time required by this section, the 440
secretary of state shall give notice of the failure by certified 442
mail, RETURN RECEIPT REQUESTED, to the last known address of the 444
corporation ASSOCIATION or its agent and, if. IF the report 445
ANNUAL STATEMENT is not filed within thirty days after the 446
mailing of the notice, the secretary of state shall, upon the 447
expiration of that period, SHALL cancel the ASSOCIATION'S 448
articles of incorporation, give notice of the cancellation to the 450
corporation ASSOCIATION by mail SENT to the last known address of 452
the corporation ASSOCIATION or its agent, and make a notation of 453
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the cancellation on his THE records OF THE SECRETARY OF STATE. 454
A professional association whose articles have been 456
canceled pursuant to this section may be reinstated by filing an 457
application for reinstatement, together with AND the required 458
annual report STATEMENT or reports STATEMENTS and by paying a 460
reinstatement fee of ten dollars. The rights, privileges, and 461
franchises of a professional association whose articles have been 462
reinstated are subject to section 1701.922 of the Revised Code. 463
The secretary of state shall inform the tax commissioner of all 464
cancellations and reinstatements under this section. 465
Sec. 1785.07. A shareholder of a professional association 474
may sell or transfer his THAT SHAREHOLDER'S shares in such THE 475
association only to another individual who is duly licensed, 477
CERTIFICATED, or otherwise legally authorized to render WITHIN 478
THIS STATE the same professional service as that for which the 479
corporation ASSOCIATION was organized OR, IN THE CASE OF A 480
COMBINATION OF PROFESSIONAL SERVICES DESCRIBED IN DIVISION (B) OF 481
SECTION 1785.01 OF THE REVISED CODE, TO RENDER IN THIS STATE ANY 482
OF THE APPLICABLE TYPES OF PROFESSIONAL SERVICES FOR WHICH THE
ASSOCIATION WAS ORGANIZED. 483
Sec. 1785.08. Chapter 1701. of the Revised Code applies to 492
professional associations, including their organization and the 493
manner of filing articles of incorporation, except that the 494
requirements of division (A) of section 1701.06 of the Revised 495
Code do not apply to professional associations. If any provision 496
of this chapter conflicts with any provision of Chapter 1701. of
the Revised Code, the provisions of this chapter shall take 497
precedence. A professional association for the practice of 498
medicine or AND surgery or, osteopathic medicine and surgery, OR 500
PODIATRIC MEDICINE AND SURGERY OR FOR THE COMBINED PRACTICE OF
OPTOMETRY, CHIROPRACTIC, AND MEDICINE AND SURGERY, OSTEOPATHIC 501
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY may 503
provide in the ITS articles of incorporation or bylaws that its 504
directors may have terms of office not exceeding six years. 505
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Sec. 3929.73. (A)(1) Any licensed physician practicing in 514
WITHIN this state or hospital situated or operating in WITHIN 516
this state shall BE ENTITLED, on or after the effective date of 518
the plan of operation, be entitled to apply to the joint 519
underwriting association for medical malpractice insurance. For 520
the purposes of this chapter, "physician" means any person 521
authorized to practice medicine or AND surgery, osteopathic 522
medicine and surgery, or podiatric medicine and surgery under the 523
provisions of Chapter 4731. of the Revised Code or, a 524
partnership, LIMITED LIABILITY COMPANY, PROFESSIONAL ASSOCIATION, 525
or professional corporation composed of such THOSE persons, OR A 526
PARTNERSHIP, LIMITED LIABILITY COMPANY, PROFESSIONAL ASSOCIATION, 528
OR PROFESSIONAL CORPORATION FORMED FOR THE PURPOSE OF PROVIDING A 529
COMBINATION OF THE PROFESSIONAL SERVICES OF OPTOMETRISTS 530
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, OF 531
CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED CODE, 532
AND OF DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 533
SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER 534
CHAPTER 4731. OF THE REVISED CODE. Such THE application may be 535
made on behalf of an applicant by a broker or agent authorized by 537
the applicant, and may be made on behalf of a number of eligible 538
applicants who are members of a medical society. 539
(2) If the association determines that the applicant meets 541
the underwriting standards of the association as prescribed in 542
the plan of operation and there is no unpaid, uncontested premium 543
due from the applicant for prior malpractice insurance, as shown 544
by failure of the insured to have made written objection to 545
premium charges within thirty days after billing, the 546
association, upon receipt of the premium, or such THE portion 548
thereof as OF THE PREMIUM THAT is prescribed in the plan of 549
operation, shall cause to be issued a policy of medical 550
malpractice insurance for a term of one year. The association 551
may consult with the state medical board, the medical advisory 552
committee, or the hospital advisory committee to determine if an 553
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applicant meets the underwriting standards. 554
(B)(1)(a) All policies issued by or on behalf of the 556
association shall be written so as to apply only to death, 557
disease, or injury which THAT results from acts or omissions 558
covered by such A policy and, THAT IS reported during the policy 560
period, and for which A written claim is made against the 561
insured.
(b) All policies issued by or on behalf of the association 563
shall contain a provision that, upon termination of the policy 564
through cancellation on grounds other than nonpayment of 566
premiums, or through retirement or death of the insured, the
insured or his THE INSURED'S estate has the right on payment of 567
appropriate additional premiums to extend coverage to include 569
claims covered by such THE policy and discovered and reported 570
after the policy period and for which A written claim is made 571
against the insured.
(2) The board of governors, in formulating the plan of 573
operation, shall adopt minimum underwriting standards for 574
physicians after consultation with the medical advisory committee 575
and for hospitals after consultation with the hospital advisory 576
committee. 577
(3) The rates, rating plans, rating rules, rating 579
classifications, territories, and policy forms applicable to the 580
insurance written by the association and statistics relating 581
thereto are subject to Chapter 3937. of the Revised Code, giving 582
due consideration to the past and prospective loss and expense 583
experience for medical malpractice insurance of all of the member 584
companies of the association, trends in the frequency and 585
severity of losses, the stabilization reserve fund, and such 586
other information as THAT the superintendent of insurance may 587
require. All rates shall be on an actuarially sound basis, and 588
shall be calculated to be self-supporting exclusive of member 589
insurer assessments. There shall be a presumption that the rates 590
filed and premiums for the business of the association and are 591
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not unreasonable or excessive. The superintendent shall take all 592
appropriate steps to make available to the association the 593
profit, loss, and expense experience of insurers currently or 594
previously writing medical malpractice insurance in this state. 595
(4) All policy forms issued pursuant to this chapter shall 597
be approved by the superintendent of insurance. 598
Sec. 4725.114. (A) AN INDIVIDUAL WHOM THE STATE BOARD OF 600
OPTOMETRY LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES 601
TO ENGAGE IN THE PRACTICE OF OPTOMETRY MAY RENDER THE 602
PROFESSIONAL SERVICES OF AN OPTOMETRIST WITHIN THIS STATE THROUGH 604
A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1701.03 OF THE 605
REVISED CODE, A LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 606
1705. OF THE REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL 607
ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE REVISED CODE. THIS 609
DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM 610
RENDERING PROFESSIONAL SERVICES AS AN OPTOMETRIST THROUGH ANOTHER 611
FORM OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A 612
NONPROFIT CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS 613
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER 615
OF THE REVISED CODE, OR RULES OF THE STATE BOARD OF OPTOMETRY 616
ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 619
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 620
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 621
OF THE PROFESSIONAL SERVICES OF OPTOMETRISTS WHO ARE LICENSED, 622
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED FOR THE PRACTICE OF 624
OPTOMETRY PURSUANT TO THIS CHAPTER, THE PROFESSIONAL SERVICES OF
CHIROPRACTORS WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE 625
AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED CODE, AND THE 626
PROFESSIONAL SERVICES OF DOCTORS OF MEDICINE AND SURGERY, 627
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 628
SURGERY WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY 629
AUTHORIZED FOR THEIR RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF 631
THE REVISED CODE. THIS DIVISION SHALL APPLY NOTWITHSTANDING A 632
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PROVISION OF A CODE OF ETHICS APPLICABLE TO AN OPTOMETRIST, OR A 633
PROVISION OF A RULE OF THE STATE BOARD OF OPTOMETRY ADOPTED 635
PURSUANT TO THIS CHAPTER, THAT EXPRESSLY OR IMPLICITLY PURPORTS 636
TO PROHIBIT AN OPTOMETRIST FROM ENGAGING IN THE PRACTICE OF 637
OPTOMETRY IN COMBINATION WITH A PERSON WHO IS LICENSED, 638
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO PRACTICE 639
CHIROPRACTIC, MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND
SURGERY, OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT ALSO 640
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE 641
IN THE PRACTICE OF OPTOMETRY. 642
Sec. 4731.22. (A) The state medical board, pursuant to an 651
adjudication under Chapter 119. of the Revised Code and by a vote 653
of not fewer than six of its members, may revoke or may refuse to 654
grant a certificate to a person found by the board to have 655
committed fraud in passing the examination or to have committed 656
fraud, misrepresentation, or deception in applying for or 657
securing any license or certificate issued by the board.
(B) The board, pursuant to an adjudication under Chapter 660
119. of the Revised Code and by a vote of not fewer than six 661
members, shall, to the extent permitted by law, limit, revoke, or 662
suspend a certificate, refuse to register or refuse to reinstate 663
an applicant, or reprimand or place on probation the holder of a 664
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate of 666
registration to be used by a person, group, or corporation when 667
the individual concerned is not actually directing the treatment 668
given; 669
(2) Failure to use reasonable care discrimination in the 671
administration of drugs, or failure to employ acceptable 672
scientific methods in the selection of drugs or other modalities 673
for treatment of disease; 674
(3) Selling, prescribing, giving away, or administering 676
drugs for other than legal and legitimate therapeutic purposes or 677
a plea of guilty to, or a judicial finding of guilt of, a 678
16
violation of any federal or state law regulating the possession, 679
distribution, or use of any drug; 680
(4) Willfully betraying a professional confidence or 682
engaging in the division of fees for referral of patients, or the 683
receiving of a thing of value in return for a specific referral 684
of a patient to utilize a particular service or business. For 685
purposes of this division, "willfully betraying a professional 686
confidence" does not include the making of a report of an 687
employee's use of a drug of abuse, or a report of a condition of 688
an employee other than one involving the use of a drug of abuse, 689
to the employer of the employee as described in division (B) of 690
section 2305.33 of the Revised Code, and nothing in this division 691
affects, or shall be construed as affecting, the immunity from 692
civil liability conferred by that section upon a physician who 693
makes either type of report in accordance with division (B) of 694
that section. As used in this division, "employee," "employer," 695
and "physician" have the same meanings as in section 2305.33 of 696
the Revised Code. 697
(5) Soliciting patients or publishing a false, fraudulent, 699
deceptive, or misleading statement. 700
As used in this division, "false, fraudulent, deceptive, or 702
misleading statement" means a statement that includes a 703
misrepresentation of fact, is likely to mislead or deceive 704
because of a failure to disclose material facts, is intended or 705
is likely to create false or unjustified expectations of 706
favorable results, or includes representations or implications 707
that in reasonable probability will cause an ordinarily prudent 708
person to misunderstand or be deceived. 709
(6) A departure from, or the failure to conform to, 711
minimal standards of care of similar practitioners under the same 712
or similar circumstances, whether or not actual injury to a 713
patient is established; 714
(7) Representing, with the purpose of obtaining 716
compensation or other advantage for self or for any other person, 718
17
that an incurable disease or injury, or other incurable
condition, can be permanently cured; 719
(8) The obtaining of, or attempting to obtain, money or 721
anything of value by fraudulent misrepresentations in the course 722
of practice; 723
(9) A plea of guilty to, or a judicial finding of guilt 725
of, a felony; 726
(10) Commission of an act that constitutes a felony in 728
this state regardless of the jurisdiction in which the act was 729
committed; 730
(11) A plea of guilty to, or a judicial finding of guilt 732
of, a misdemeanor committed in the course of practice; 733
(12) Commission of an act that constitutes a misdemeanor 735
in this state regardless of the jurisdiction in which the act was 736
committed, if the act was committed in the course of practice; 737
(13) A plea of guilty to, or a judicial finding of guilt 739
of, a misdemeanor involving moral turpitude; 740
(14) Commission of an act that constitutes a misdemeanor 742
in this state regardless of the jurisdiction in which the act was 743
committed, if the act involves moral turpitude; 744
(15) Violation of the conditions of limitation placed by 746
the board upon a certificate to practice or violation of the 747
conditions of limitation upon which a limited or temporary 748
registration or certificate to practice is issued; 749
(16) Failure to pay license renewal fees specified in this 751
chapter; 752
(17) Any division of fees or charges, or any agreement or 754
arrangement to share fees or charges, made by any person licensed 755
to practice medicine and surgery, osteopathic medicine and 756
surgery, or podiatry PODIATRIC MEDICINE AND SURGERY with any 757
other person so licensed, or with any person; 759
(18)(a) The SUBJECT TO SECTION 4731.226 OF THE REVISED 761
CODE, THE violation of any provision of a code of ethics of the 763
American medical association, the American osteopathic
18
association, the American podiatric medical association, and OR 764
any other national professional organizations as are determined, 766
by rule, by the state medical board. The state medical board 767
shall obtain and keep on file current copies of the codes of 768
ethics of the various national professional organizations. The 769
practitioner whose certificate is being suspended or revoked 770
shall not be found to have violated any provision of a code of 771
ethics of an organization not appropriate to the practitioner's 772
profession. 773
(b) For purposes of this division, a "provision of a code 775
of ethics of a national professional organization" does not 776
include any provision of a code of ethics of a specified national 777
professional organization that would preclude the making of a 778
report by a physician of an employee's use of a drug of abuse, or 779
of a condition of an employee other than one involving the use of 780
a drug of abuse, to the employer of the employee as described in 781
division (B) of section 2305.33 of the Revised Code, and nothing 782
in this division affects, or shall be construed as affecting, the 783
immunity from civil liability conferred by that section upon a 784
physician who makes either type of report in accordance with 785
division (B) of that section. As used in this division, 786
"employee," "employer," and "physician" have the same meanings as 787
in section 2305.33 of the Revised Code. 788
(19) Inability to practice according to acceptable and 790
prevailing standards of care by reason of mental illness or 791
physical illness, including, but not limited to, physical 792
deterioration that adversely affects cognitive, motor, or 793
perceptive skills. In enforcing this division, the board, upon a 794
showing of a possible violation, may compel any individual 795
licensed or certified to practice by this chapter or who has 796
applied for licensure or certification pursuant to this chapter 797
to submit to a mental or physical examination, or both, as 798
required by and at the expense of the board. Failure of any 799
individual to submit to a mental or physical examination when 800
19
directed constitutes an admission of the allegations against the 801
individual unless the failure is due to circumstances beyond the 802
individual's control, and a default and final order may be 803
entered without the taking of testimony or presentation of 804
evidence. If the board finds a physician unable to practice 805
because of the reasons set forth in this division, the board 806
shall require the physician to submit to care, counseling, or 807
treatment by physicians approved or designated by the board, as a 808
condition for initial, continued, reinstated, or renewed 809
licensure to practice. An individual licensed by this chapter 810
affected under this division shall be afforded an opportunity to 811
demonstrate to the board that the individual can resume practice 812
in compliance with acceptable and prevailing standards under the 813
provisions of the individual's certificate. For the purpose of 815
this division, any individual licensed or certified to practice 816
by this chapter accepts the privilege of practicing in this 817
state, and, by so doing or by the making and filing of a
registration or application to practice in this state, shall be 818
deemed to have given consent to submit to a mental or physical 820
examination when directed to do so in writing by the board, and 821
to have waived all objections to the admissibility of testimony 822
or examination reports that constitute a privileged
communication. 823
(20) Except as provided in division (B)(27) of this 825
section and section 4731.225 of the Revised Code, AND SUBJECT TO 826
SECTION 4731.226 OF THE REVISED CODE, violating or attempting to 828
violate, directly or indirectly, or assisting in or abetting the 829
violation of, or conspiring to violate, any provisions of this 830
chapter or any rule promulgated by the board. This division does 831
not apply to a violation or attempted violation of, assisting in 832
or abetting the violation of, or a conspiracy to violate, any 833
provision of this chapter or any rule promulgated by the board 834
that would preclude the making of a report by a physician of an 835
employee's use of a drug of abuse, or of a condition of an 836
20
employee other than one involving the use of a drug of abuse, to 837
the employer of the employee as described in division (B) of 838
section 2305.33 of the Revised Code, and nothing in this division 839
affects, or shall be construed as affecting, the immunity from 840
civil liability conferred by that section upon a physician who 841
makes either type of report in accordance with division (B) of 842
that section. As used in this division, "employee," "employer," 843
and "physician" have the same meanings as in section 2305.33 of 844
the Revised Code.
(21) The violation of any abortion rule adopted by the 846
public health council pursuant to section 3701.341 of the Revised 847
Code; 848
(22) The limitation, revocation, or suspension by another 850
state of a license or certificate to practice issued by the 851
proper licensing authority of that state, the refusal to license, 852
register, or reinstate an applicant by that authority, the 853
imposition of probation by that authority, or the issuance of an 855
order of censure or other reprimand by that authority for any 856
reason, other than nonpayment of fees; 857
(23) The violation of section 2919.12 of the Revised Code 859
or the performance or inducement of an abortion upon a pregnant 860
woman with actual knowledge that the conditions specified in 861
division (B) of section 2317.56 of the Revised Code have not been 862
satisfied or with a heedless indifference as to whether those 863
conditions have been satisfied, unless an affirmative defense as 864
specified in division (H)(2) of that section would apply in a 865
civil action authorized by division (H)(1) of that section; 866
(24) The revocation, suspension, restriction, reduction, 868
or termination of clinical privileges by the department of 869
defense, or the veterans administration of the United States, for 870
any act or acts that would also WOULD constitute a violation of 871
this chapter; 873
(25) Termination or suspension from medicare or medicaid 875
programs by the department of health and human services or other 876
21
responsible agency for any act or acts that would also WOULD 877
constitute a violation of division (B)(2), (3), (6), (8), or (19) 879
of this section; 880
(26) Impairment of ability to practice according to 882
acceptable and prevailing standards of care because of habitual 883
or excessive use or abuse of drugs, alcohol, or other substances 884
that impair ability to practice. 885
For the purposes of this division, any individual licensed 887
or certified under this chapter accepts the privilege of 888
practicing in this state subject to supervision by the board. By 889
filing a registration or application for licensure or by holding 890
a license or certificate under this chapter, an individual shall 891
be deemed to have given consent to submit to a mental or physical 893
examination when ordered to do so by the board in writing, and to 894
have waived all objections to the admissibility of testimony or 895
examination reports that constitute privileged communications. 896
If it has reason to believe that any individual licensed or 898
certified under this chapter or any applicant for a license or 899
certification suffers such impairment, the board may compel the 900
individual to submit to a mental or physical examination, or 901
both. The examination shall be at the expense of the board. Any 902
mental or physical examination required under this division shall 903
be undertaken by a treatment provider or physician WHO IS 904
qualified to conduct such THE examination and WHO IS chosen by 905
the board. 906
Failure of the individual to submit to a mental or physical 908
examination ordered by the board constitutes an admission of the 909
allegations against the individual unless the failure is due to 910
circumstances beyond the individual's control, and a default and 911
final order may be entered without the taking of testimony or 912
presentation of evidence. If the board determines that the 913
individual's ability to practice is impaired, the board shall 914
suspend the individual's certificate or deny the individual's 916
application and shall require the individual, as a condition for 917
22
initial, continued, reinstated, or renewed licensure to practice, 918
to submit to treatment. 919
Before being eligible to apply for reinstatement of a 921
license suspended under this division, the practitioner shall 922
demonstrate to the board that the practitioner can resume 923
practice in compliance with acceptable and prevailing standards 924
of care under the provisions of the practitioner's certificate. 925
Such THE demonstration shall include, but shall not be limited 927
to, the following:
(a) Certification from a treatment provider approved under 929
section 4731.25 of the Revised Code that the practitioner has 930
successfully completed any required inpatient treatment; 931
(b) Evidence of continuing full compliance with an 933
aftercare contract or consent agreement; 934
(c) Two written reports indicating that the individual's 936
ability to practice has been assessed and that the individual has 937
been found capable of practicing according to acceptable and 938
prevailing standards of care. The reports shall be made by 939
individuals or providers approved by the board for making such 940
THE assessments and shall describe the basis for this 942
determination.
The board may reinstate a license suspended under this 944
division after such THAT demonstration and after the individual 945
has entered into a written consent agreement. 947
When the impaired practitioner resumes practice after 949
reinstatement of the practitioner's license, the board shall 950
require continued monitoring of the practitioner, which shall 952
include, but not be limited to, compliance with the written 953
consent agreement entered into before reinstatement or with 954
conditions imposed by board order after a hearing, and, upon 955
termination of the consent agreement, submission to the board for 956
at least two years of annual written progress reports made under 957
penalty of perjury stating whether the practitioner has 958
maintained sobriety. 959
23
(27) A second or subsequent violation of section 4731.66 961
or 4731.69 of the Revised Code; 962
(28) Except as provided in division (J) of this section: 964
(a) Waiving the payment of all or any part of a deductible 967
or copayment that a patient, pursuant to a health insurance or 968
health care policy, contract, or plan that covers the 969
practitioner's services, would otherwise WOULD be required to pay 970
if the waiver is used as an enticement to a patient or group of 971
patients to receive health care services from that provider; 972
(b) Advertising that the practitioner will waive the 974
payment of all or any part of a deductible or copayment that a 976
patient, pursuant to a health insurance or health care policy, 977
contract, or plan that covers the practitioner's services, would 978
otherwise WOULD be required to pay; 980
(29) Failure to use universal blood and body fluid 982
precautions established by rules adopted under section 4731.051 983
of the Revised Code; 984
(30) Failure of a collaborating physician to perform the 987
responsibilities agreed to by the physician in the protocol 988
established between the physician and an advanced practice nurse 989
in accordance with section 4723.56 of the Revised Code; 990
(31) Failure to provide notice to, and receive 992
acknowledgment of the notice from, a patient when required by 994
section 4731.143 of the Revised Code prior to providing 995
nonemergency professional services, or failure to maintain that 996
notice in the patient's file;
(32) Failure of a physician supervising a physician 998
assistant to maintain supervision in accordance with the 999
requirements of Chapter 4730. of the Revised Code and the rules 1,000
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 1,002
standard care arrangement with a clinical nurse specialist, 1,003
certified nurse-midwife, or certified nurse practitioner with 1,004
whom the physician or podiatrist is in collaboration pursuant to 1,005
24
section 4731.27 of the Revised Code and TO practice in accordance 1,006
with the arrangement.
For purposes of divisions (B)(10), (12), and (14) of this 1,008
section, the commission of the act may be established by a 1,009
finding by the board, pursuant to an adjudication under Chapter 1,011
119. of the Revised Code, that the applicant or certificate 1,012
holder committed the act in question. The board shall DOES NOT 1,013
have no jurisdiction under these THOSE divisions in cases where 1,014
IF the trial court renders a final judgment in the certificate 1,015
holder's favor and that judgment is based upon an adjudication on 1,016
the merits. The board shall have HAS jurisdiction under these 1,018
THOSE divisions in cases where IF the trial court issues an order 1,019
of dismissal upon technical or procedural grounds. 1,020
The sealing of conviction records shall have no effect upon 1,022
a prior board order entered under the provisions of this section 1,023
or upon the board's jurisdiction to take action under the 1,024
provisions of this section if a notice of AN opportunity for A 1,026
hearing has been issued based upon A conviction, a plea of 1,027
guilty, or a judicial finding of guilt prior to such THE court 1,028
order.
(C)(1) The board shall investigate evidence that appears 1,030
to show that any person has violated any provision of this 1,031
chapter or any rule adopted under it. Any person may report to 1,032
the board in a signed writing any information that the person may 1,035
have that appears to show a violation of any provision of this 1,036
chapter or any rule adopted under it. In the absence of bad 1,038
faith, any person who reports such information OF THAT NATURE or 1,039
who testifies before the board in any adjudication hearing 1,041
conducted under Chapter 119. of the Revised Code shall not be 1,042
liable for civil IN damages IN A CIVIL ACTION as a result of the 1,044
report or testimony.
Each complaint or allegation of a violation received by the 1,046
board shall be assigned a case number and shall be recorded by 1,047
the board. Information received by the board pursuant to an 1,048
25
investigation shall be confidential and not subject to discovery 1,049
in any civil action. 1,050
Investigations of alleged violations of this chapter or any 1,052
rule adopted under it shall be supervised by the supervising 1,054
member elected by the board in accordance with section 4731.02 of 1,055
the Revised Code and by the secretary as provided in section 1,056
4731.39 of the Revised Code. The president may designate another 1,057
member of the board to supervise the investigation in place of 1,058
the supervising member. No member of the board who supervises 1,059
the investigation of a case shall participate in further 1,060
adjudication of the case.
For the purpose of investigation of a possible violation of 1,062
division (B)(3), (8), (9), (11), or (15) of this section, the 1,063
board may administer oaths, order the taking of depositions, 1,064
issue subpoenas, and compel the attendance of witnesses and 1,065
production of books, accounts, papers, records, documents, and 1,066
testimony. 1,067
In investigating possible violations of all remaining 1,069
divisions of this section and sections of this chapter or any 1,070
rule adopted under this chapter, the board also may administer 1,072
oaths, order the taking of depositions, issue subpoenas, and 1,073
compel the attendance of witnesses and production of books, 1,074
accounts, papers, records, documents, and testimony. However, in 1,075
such THOSE instances, other than for patient records provided to 1,076
the board pursuant to the reporting provisions of division (A) of 1,077
section 4731.224 of the Revised Code, a subpoena for patient 1,078
record information shall not be issued without consultation with 1,079
the attorney general's office and approval of the secretary of 1,080
the board, the supervising member, and a member of the board who 1,081
holds a certificate issued under this chapter authorizing the 1,082
practice of medicine and surgery, osteopathic medicine and 1,084
surgery, or podiatry PODIATRIC MEDICINE AND SURGERY. Before 1,086
issuance of such A subpoena OF THAT NATURE, the three board 1,088
members shall determine whether there is probable cause to 1,090
26
believe that the complaint filed alleges a violation of this 1,091
chapter or any rule adopted under it, and that the records sought 1,093
are relevant to the alleged violation and material to the 1,094
investigation. Such THOSE records must cover a reasonable period 1,096
of time surrounding the alleged violation. Upon failure to 1,097
comply with any subpoena issued by the board and after reasonable 1,098
notice to the person being subpoenaed, the board may move for an 1,099
order compelling the production of persons or records pursuant to 1,100
the Rules of Civil Procedure. Each officer who serves such A 1,101
subpoena OF THAT NATURE shall receive the same fees as a sheriff, 1,104
and each witness who appears, in obedience to a subpoena, before 1,105
the board, shall receive the fees and mileage provided for 1,106
witnesses in civil cases in the courts of common pleas. 1,107
All hearings and investigations of the board shall be 1,109
considered civil actions for the purposes of section 2305.251 of 1,110
the Revised Code. 1,111
The board shall conduct all investigations and proceedings 1,113
in such a manner as to protect THAT PROTECTS patient 1,114
confidentiality. The board shall not make public names or other 1,116
identifying information about patients unless proper consent is 1,117
given or a waiver of the patient privilege exists under division 1,118
(B) of section 2317.02 of the Revised Code, except that no such 1,119
consent or waiver OF THAT NATURE is required if the board 1,120
possesses reliable and substantial evidence that no bona fide 1,122
physician-patient relationship exists. 1,123
(2) In the absence of fraud or bad faith, neither the 1,125
board nor any current or former member, agent, representative, or 1,126
employee of the board shall be held liable in damages to any 1,127
person as the result of any act, omission, proceeding, conduct, 1,128
or decision related to official duties undertaken or performed 1,130
pursuant to this chapter. If a current or former member, agent,
representative, or employee requests the state to defend against 1,132
any claim or action arising out of any act, omission, proceeding, 1,133
conduct, or decision related to the person's official duties, and 1,135
27
if the request is made in writing at a reasonable time before 1,137
trial, and IF the person requesting defense cooperates in good 1,138
faith in the defense of the claim or action, the state shall 1,139
provide and pay for such THE defense and shall pay any resulting 1,141
judgment, compromise, or settlement. At no time shall the state 1,142
pay that part of a claim or judgment that is for punitive or 1,144
exemplary damages.
(3) On a quarterly basis, the board shall prepare a report 1,146
that documents the disposition of all cases during the preceding 1,147
three months. The report shall contain the following information 1,148
for each case with which the board has completed its activities: 1,149
(a) The case number assigned to the complaint or alleged 1,151
violation pursuant to division (C)(1) of this section; 1,152
(b) The type of license or certificate to practice, if 1,154
any, held by the individual against whom the complaint is 1,155
directed; 1,156
(c) A description of the allegations contained in the 1,158
complaint; 1,159
(d) The disposition of the case. 1,161
The report shall state how many cases are still pending, 1,163
and shall be prepared in such a manner as to protect THAT 1,164
PROTECTS the identity of each person involved in each case. The 1,166
report shall be a public record under section 149.43 of the 1,167
Revised Code.
(D) If the secretary and supervising member determine that 1,169
there is clear and convincing evidence that a certificate holder 1,170
has violated division (B) of this section and that the 1,171
certificate holder's continued practice presents a danger of 1,172
immediate and serious harm to the public, they may recommend that 1,173
the board suspend the certificate holder's certificate without a 1,174
prior hearing. Written allegations shall be prepared for 1,175
consideration by the board members. 1,176
The board, upon review of those allegations and by a vote 1,178
of not fewer than six of its members, excluding the secretary and 1,179
28
supervising member, may suspend a certificate without a prior 1,180
hearing. A telephone conference call may be utilized for 1,181
reviewing the allegations and taking such a vote OF THAT NATURE. 1,182
The board shall issue a written order of suspension by 1,184
certified mail or in person in accordance with section 119.07 of 1,185
the Revised Code. Such THE order shall not be subject to 1,186
suspension by the court during pendency of any appeal filed under 1,188
section 119.12 of the Revised Code. If the certificate holder 1,189
requests an adjudicatory hearing by the board, the date set for 1,190
such THAT hearing shall be within fifteen days, but not earlier 1,191
than seven days, after the certificate holder has requested a 1,192
hearing, unless otherwise agreed to by both the board and the 1,193
certificate holder. 1,194
Any summary suspension imposed under this division shall 1,196
remain in effect, unless reversed on appeal, until a final 1,197
adjudicative order issued by the board pursuant to this section 1,198
and Chapter 119. of the Revised Code becomes effective. The 1,199
board shall issue its final adjudicative order within sixty days 1,200
after completion of its hearing. A failure to issue the order 1,201
within sixty days shall result in dissolution of the summary 1,202
suspension order, but shall not invalidate any subsequent, final 1,203
adjudicative order. 1,204
(E) If the board should take TAKES action under division 1,206
(B)(9), (11), or (13) of this section, and the conviction, 1,208
judicial finding of guilt, or guilty plea is overturned on 1,209
appeal, upon exhaustion of the criminal appeal, a petition for 1,210
reconsideration of the order may be filed with the board along 1,211
with appropriate court documents. Upon receipt of such A 1,212
petition OF THAT NATURE and supporting court documents, the board 1,214
shall reinstate the petitioner's certificate. The board may then 1,215
MAY hold an adjudication to determine whether the applicant or 1,216
certificate holder committed the act in question. Notice of AN 1,217
opportunity for A hearing shall be given in accordance with 1,219
Chapter 119. of the Revised Code. If the board finds, pursuant 1,220
29
to an adjudication held under this division, that the applicant 1,221
or certificate holder committed the act, or if no hearing is 1,222
requested, it THE BOARD may order any of the sanctions identified 1,224
under division (B) of this section. The board shall DOES NOT 1,225
have no jurisdiction under division (B)(10), (12), or (14) of 1,226
this section in cases where IF the trial court renders a final 1,227
judgment in the certificate holder's favor and that judgment is 1,228
based upon an adjudication on the merits. The board shall have 1,229
HAS jurisdiction under those divisions in cases where IF the 1,231
trial court issues an order of dismissal upon technical or 1,233
procedural grounds. 1,234
(F) The certificate or license issued to an individual 1,237
under this chapter and the individual's practice in this state 1,239
are automatically ARE suspended as of the date the individual 1,240
pleads guilty to, is found by a judge or jury to be guilty of, or 1,242
is subject to a judicial finding of eligibility for treatment in 1,243
lieu of conviction for either of the following: 1,244
(1) In this state, aggravated murder, murder, voluntary 1,246
manslaughter, felonious assault, kidnapping, rape, sexual 1,247
battery, gross sexual imposition, aggravated arson, aggravated 1,248
robbery, or aggravated burglary; 1,249
(2) In another jurisdiction, any criminal offense 1,251
substantially equivalent to those specified in division (F)(1) of 1,252
this section. 1,253
Continued practice after suspension of the individual's 1,255
certificate or license shall be considered practicing without a 1,257
certificate or license. The board shall notify the individual 1,258
subject to the suspension by certified mail or in person in
accordance with section 119.07 of the Revised Code. If an 1,259
individual whose certificate or license is suspended under this 1,260
division fails to make a timely request for an adjudicatory 1,261
hearing, the board shall enter a final order revoking the 1,262
certificate or license. 1,263
(G) In any instance in which IF the board is required by 1,265
30
Chapter 119. of the Revised Code to give notice of AN opportunity 1,267
for A hearing and IF the applicant or certificate holder does not 1,269
timely request a hearing in accordance with section 119.07 of the 1,270
Revised Code, the board is not required to hold a hearing, but 1,271
may adopt, by a vote of not fewer than six of its members, a 1,272
final order that contains the board's findings. In that final 1,273
order, the board may order any of the sanctions identified under 1,274
division (B) of this section. 1,275
(H) Any action taken by the board under division (B) of 1,277
this section resulting in a suspension from practice shall be 1,278
accompanied by a written statement of the conditions under which 1,279
the certificate holder may be reinstated to practice. The board 1,280
shall adopt rules governing conditions to be imposed for 1,281
reinstatement. Reinstatement of a certificate suspended pursuant 1,282
to division (B) of this section requires an affirmative vote of 1,283
not fewer than six members of the board. 1,284
(I) Notwithstanding any other provision of the Revised 1,286
Code, no surrender of a license or certificate issued under this 1,287
chapter shall be effective unless or until accepted by the board. 1,289
Reinstatement of a certificate surrendered to the board requires 1,290
an affirmative vote of not fewer than six members of the board. 1,291
Notwithstanding any other provision of the Revised Code, no 1,293
application for a license or certificate made under the 1,294
provisions of this chapter may be withdrawn without approval of 1,296
the board.
(J) Sanctions shall not be imposed under division (B)(28) 1,299
of this section against any person who waives deductibles and 1,300
copayments as follows:
(1) In compliance with the health benefit plan that 1,302
expressly allows such a practice OF THAT NATURE. Waiver of the 1,303
deductibles or copayments shall be made only with the full 1,305
knowledge and consent of the plan purchaser, payer, and 1,306
third-party administrator. Documentation of the consent shall be 1,307
made available to the board upon request.
31
(2) For professional services rendered to any other person 1,309
authorized to practice pursuant to this chapter, to the extent 1,311
allowed by this chapter and rules adopted by the board. 1,312
Sec. 4731.226. (A) AN INDIVIDUAL WHOM THE STATE MEDICAL 1,314
BOARD LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO 1,315
ENGAGE IN THE PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC 1,316
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY MAY 1,317
RENDER THE PROFESSIONAL SERVICES OF A DOCTOR OF MEDICINE AND 1,318
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 1,319
AND SURGERY WITHIN THIS STATE THROUGH A CORPORATION FORMED UNDER 1,320
DIVISION (B) OF SECTION 1701.03 OF THE REVISED CODE, A LIMITED 1,322
LIABILITY COMPANY FORMED UNDER CHAPTER 1705. OF THE REVISED CODE, 1,324
A PARTNERSHIP, OR A PROFESSIONAL ASSOCIATION FORMED UNDER CHAPTER 1,325
1785. OF THE REVISED CODE. THIS DIVISION DOES NOT PRECLUDE AN 1,326
INDIVIDUAL OF THAT NATURE FROM RENDERING PROFESSIONAL SERVICES AS 1,327
A DOCTOR OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 1,328
SURGERY, OR PODIATRIC MEDICINE AND SURGERY THROUGH ANOTHER FORM 1,329
OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A NONPROFIT 1,330
CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS 1,331
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER 1,332
OF THE REVISED CODE, OR RULES OF THE STATE MEDICAL BOARD ADOPTED 1,333
PURSUANT TO THIS CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 1,336
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 1,337
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 1,338
OF THE PROFESSIONAL SERVICES OF OPTOMETRISTS WHO ARE LICENSED, 1,339
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED FOR THE PRACTICE OF 1,341
OPTOMETRY, AS DEFINED IN SECTION 4725.01 OF THE REVISED CODE, THE 1,342
PROFESSIONAL SERVICES OF CHIROPRACTORS WHO ARE LICENSED, 1,343
CERTIFICATED, OR OTHERWISE AUTHORIZED FOR THE PRACTICE OF
CHIROPRACTIC, AS DEFINED IN SECTION 4734.09 OF THE REVISED CODE, 1,344
AND THE PROFESSIONAL SERVICES OF DOCTORS OF MEDICINE AND SURGERY, 1,346
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 1,347
SURGERY WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY 1,348
32
AUTHORIZED FOR THEIR RESPECTIVE PRACTICES UNDER THIS CHAPTER. 1,349
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A CODE 1,351
OF ETHICS DESCRIBED IN DIVISION (B)(18) OF SECTION 4731.22 OF THE 1,352
REVISED CODE, OR A PROVISION OF A RULE OF THE STATE MEDICAL BOARD 1,354
ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY OR IMPLICITLY 1,355
PURPORTS TO PROHIBIT A DOCTOR OF MEDICINE AND SURGERY, 1,356
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 1,357
SURGERY FROM ENGAGING IN THE DOCTOR'S AUTHORIZED PRACTICE IN 1,358
COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR 1,359
OTHERWISE LEGALLY AUTHORIZED TO ENGAGE IN THE PRACTICE OF 1,360
OPTOMETRY OR THE PRACTICE OF CHIROPRACTIC BUT WHO IS NOT ALSO 1,361
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 1,362
PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, 1,363
OR PODIATRIC MEDICINE AND SURGERY. 1,364
Sec. 4731.44. As used in this section, "supplier" means a 1,373
person who prepares or sells spectacles, eyeglasses, lenses, 1,374
contact lenses, or other vision correcting items, devices, or 1,375
procedures. 1,376
(A) A physician or surgeon DOCTOR OF MEDICINE AND SURGERY 1,378
OR OF OSTEOPATHIC MEDICINE AND SURGERY WHO IS licensed to 1,380
practice medicine or AND surgery OR OSTEOPATHIC MEDICINE AND 1,381
SURGERY in this state, on completion of a vision examination and 1,383
diagnosis, shall give each patient for whom he THE DOCTOR
prescribes any vision correcting item, device, or procedure, one 1,384
copy of the prescription, without additional charge to the 1,385
patient. This THE prescription shall include the following: 1,386
(1) The date of its issuance; 1,388
(2) Sufficient information to enable the patient to obtain 1,390
from the supplier of his THE PATIENT'S choice, the vision 1,391
correcting item, device, or procedure that has been prescribed. 1,393
(B) Any supplier who fills a prescription for contact 1,395
lenses furnished by a physician or surgeon DOCTOR OF MEDICINE AND 1,396
SURGERY OR A DOCTOR OF OSTEOPATHIC MEDICINE AND SURGERY under 1,397
this section or by an optometrist under section 4725.17 of the 1,400
33
Revised Code shall furnish the patient with written 1,401
recommendations to return to the prescribing physician, surgeon 1,402
DOCTOR or optometrist for evaluation of the contact lens fitting. 1,404
(C) Any supplier may advertise to inform the general 1,406
public of the price that he THE SUPPLIER charges for any vision 1,407
correcting item, device, or procedure. Any such AN advertisement 1,409
OF THAT NATURE shall indicate whether the price includes A 1,410
correcting item, device, or procedure. Any such AN advertisement 1,411
OF THAT NATURE shall indicate whether the price includes ONE OR 1,412
MORE OF THE FOLLOWING:
(1) An eye examination; 1,414
(2) In the case of lenses, single-vision or multifocal 1,416
lenses; 1,417
(3) In the case of contact lenses, hard or soft lenses. 1,419
The state medical board shall not adopt any rule that 1,421
restricts the right to advertise as permitted by this section. 1,422
Any municipal corporation code, ordinance, or regulation or 1,424
any township resolution that conflicts with a supplier's right to 1,425
advertise as permitted by this section, is superseded by this 1,426
section and is invalid. A municipal corporation code, ordinance, 1,427
or regulation or a township resolution conflicts with this 1,428
section if it restricts a supplier's right to advertise as 1,429
permitted by this section. 1,430
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of 1,439
the Revised Code: 1,440
(A)(1) "Clinical laboratory services" means either of the 1,442
following:
(a) Any examination of materials derived from the human 1,444
body for the purpose of providing information for the diagnosis, 1,445
prevention, or treatment of any disease or impairment or for the 1,446
assessment of health; 1,447
(b) Procedures to determine, measure, or otherwise 1,449
describe the presence or absence of various substances or 1,450
organisms in the body. 1,451
34
(2) "Clinical laboratory services" does not include the 1,453
mere collection or preparation of specimens. 1,454
(B) "Designated health services" means any of the 1,456
following: 1,457
(1) Clinical laboratory services; 1,459
(2) Home health care services; 1,461
(3) Outpatient prescription drugs. 1,463
(C) "Fair market value" means the value in arms-length 1,465
transactions, consistent with general market value and: 1,466
(1) With respect to rentals or leases, the value of rental 1,468
property for general commercial purposes, not taking into account 1,469
its intended use; 1,470
(2) With respect to a lease of space, not adjusted to 1,472
reflect the additional value the prospective lessee or lessor 1,473
would attribute to the proximity or convenience to the lessor if 1,474
the lessor is a potential source of referrals to the lessee. 1,475
(D) "Governmental health care program" means any program 1,478
providing health care benefits that is administered by the 1,479
federal government, this state, or a political subdivision of 1,480
this state, including the medicare program established under 1,481
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 1,482
U.S.C.A. 301, as amended, health care coverage for public 1,483
employees, health care benefits administered by the bureau of 1,484
workers' compensation, the medical assistance program established 1,485
under Chapter 5111. of the Revised Code, and disability 1,486
assistance medical assistance established under Chapter 5115. of 1,488
the Revised Code.
(E)(1) "Group practice" means a group of two or more 1,491
holders of certificates under this chapter legally organized as a 1,492
partnership, professional corporation or association, LIMITED 1,493
LIABILITY COMPANY, foundation, nonprofit corporation, faculty 1,494
practice plan, or similar group practice entity, including an 1,495
organization comprised of a nonprofit medical clinic that 1,496
contracts with a professional corporation or association of 1,497
35
physicians to provide medical services exclusively to patients of 1,498
the clinic in order to comply with section 1701.03 of the Revised 1,499
Code AND INCLUDING A CORPORATION, LIMITED LIABILITY COMPANY, 1,500
PARTNERSHIP, OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION 1,502
(B) OF SECTION 4731.226 OF THE REVISED CODE FORMED FOR THE 1,503
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES
OF OPTOMETRISTS WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE 1,504
LEGALLY AUTHORIZED FOR THE PRACTICE OF OPTOMETRY, AS DEFINED IN 1,505
SECTION 4725.01 OF THE REVISED CODE, THE PROFESSIONAL SERVICES OF 1,506
CHIROPRACTORS WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE 1,507
AUTHORIZED FOR THE PRACTICE OF CHIROPRACTIC, AS DEFINED IN 1,508
SECTION 4734.09 OF THE REVISED CODE, AND THE PROFESSIONAL
SERVICES OF DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 1,510
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE LICENSED, 1,511
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED FOR THEIR 1,512
RESPECTIVE PRACTICES UNDER THIS CHAPTER, to which all of the
following apply: 1,513
(a) Each physician who is a member of the group practice 1,515
provides substantially the full range of services that the 1,516
physician routinely provides, including medical care, 1,517
consultation, diagnosis, or treatment, through the joint use of 1,518
shared office space, facilities, equipment, and personnel;. 1,519
(b) Substantially all of the services of the physicians 1,521
who are members of the group are provided through the group and 1,522
are billed in the name of the group and amounts so received are 1,523
treated as receipts of the group;. 1,524
(c) The overhead expenses of and the income from the 1,526
practice are distributed in accordance with methods previously 1,527
determined by members of the group;. 1,528
(d) The group practice meets any other requirements that 1,530
the state medical board applies in rules adopted under section 1,531
4731.70 of the Revised Code. 1,532
(2) In the case of a faculty practice plan associated with 1,534
a hospital with a medical residency training program in which 1,535
36
physician members may provide a variety of specialty services and 1,536
provide professional services both within and outside the group, 1,537
as well as perform other tasks such as research, the criteria in 1,538
division (E)(1) of this section apply only with respect to 1,540
services rendered within the faculty practice plan. 1,541
(F) "Home health care services" and "immediate family" 1,544
have the SAME meanings given AS in THE rules adopted under 1,545
section 4731.70 of the Revised Code.
(G) "Hospital" has the same meaning as in section 3727.01 1,548
of the Revised Code.
(H) A "referral" includes both of the following: 1,550
(1) A request by a holder of a certificate under this 1,552
chapter for an item or service, including a request for a 1,553
consultation with another physician and any test or procedure 1,554
ordered by or to be performed by or under the supervision of the 1,555
other physician; 1,556
(2) A request for or establishment of a plan of care by a 1,558
certificate holder that includes the provision of designated 1,559
health services.
(I) "Third-party payer" has the same meaning as in section 1,562
3901.38 of the Revised Code.
Sec. 4734.03. The chiropractic examining board shall hold 1,571
its annual meeting in Ohio THIS STATE in September of each year 1,572
and SHALL HOLD other meetings at such THE times and places as the 1,574
THAT A majority of the board may direct DIRECTS. The board shall 1,575
keep a record of its proceedings and A register of all applicants 1,576
for license which LICENSURE TO PRACTICE CHIROPRACTIC. THE 1,577
register shall show whether the AN applicant FOR LICENSURE was 1,578
rejected or a license WAS granted A LICENSE. The books and 1,579
register of the board shall be prima-facie evidence of all 1,580
matters recorded therein IN THEM. The board shall have a common 1,581
seal and, shall formulate rules to govern its actions, and, 1,583
CONSISTENT WITH SECTION 4734.091 OF THE REVISED CODE, shall 1,584
establish ADOPT rules governing the practice of chiropractic as 1,586
37
defined in section 4734.09 of the Revised Code. The board shall 1,587
adopt rules under this chapter according to the procedure of
Chapter 119. of the Revised Code. 1,588
Sec. 4734.091. (A) AN INDIVIDUAL WHOM THE CHIROPRACTIC 1,590
EXAMINING BOARD LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY 1,591
AUTHORIZES TO ENGAGE IN THE PRACTICE OF CHIROPRACTIC MAY RENDER 1,592
THE PROFESSIONAL SERVICES OF A CHIROPRACTOR WITHIN THIS STATE 1,593
THROUGH A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1,594
1701.03 OF THE REVISED CODE, A LIMITED LIABILITY COMPANY FORMED
UNDER CHAPTER 1705. OF THE REVISED CODE, A PARTNERSHIP, OR A 1,595
PROFESSIONAL ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE 1,596
REVISED CODE. THIS DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF 1,597
THAT NATURE FROM RENDERING PROFESSIONAL SERVICES AS A
CHIROPRACTOR THROUGH ANOTHER FORM OF BUSINESS ENTITY, INCLUDING, 1,599
BUT NOT LIMITED TO, A NONPROFIT CORPORATION OR FOUNDATION, OR IN 1,600
ANOTHER MANNER THAT IS AUTHORIZED BY OR IN ACCORDANCE WITH THIS 1,601
CHAPTER, ANOTHER CHAPTER OF THE REVISED CODE, OR RULES OF THE
CHIROPRACTIC EXAMINING BOARD ADOPTED PURSUANT TO THIS CHAPTER. 1,602
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 1,604
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 1,605
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 1,606
OF THE PROFESSIONAL SERVICES OF INDIVIDUALS WHO ARE LICENSED, 1,607
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED FOR THE PRACTICE OF 1,608
CHIROPRACTIC PURSUANT TO THIS CHAPTER, THE PROFESSIONAL SERVICES 1,609
OF OPTOMETRISTS WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE 1,610
AUTHORIZED FOR THE PRACTICE OF OPTOMETRY, AS DEFINED IN SECTION
4725.01 OF THE REVISED CODE, AND THE PROFESSIONAL SERVICES OF 1,611
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 1,612
SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE LICENSED, 1,613
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED FOR THEIR
RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF THE REVISED CODE. 1,614
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A CODE 1,615
OF ETHICS DESCRIBED IN DIVISION (A)(9) OF SECTION 4734.10 OF THE 1,616
REVISED CODE, OR A PROVISION OF A RULE OF THE CHIROPRACTIC 1,617
38
EXAMINING BOARD ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY
OR IMPLICITLY PURPORTS TO PROHIBIT AN INDIVIDUAL FROM ENGAGING IN 1,618
THE PRACTICE OF CHIROPRACTIC IN COMBINATION WITH A PERSON WHO IS 1,619
LICENSED, CERTIFICATED, OR OTHERWISE AUTHORIZED FOR THE PRACTICE 1,620
OF OPTOMETRY, MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 1,621
SURGERY, OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT ALSO 1,622
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE
IN THE PRACTICE OF CHIROPRACTIC. 1,623
Sec. 4734.10. (A) The chiropractic examining board may 1,632
refuse, revoke, or suspend for a limited period, the license of 1,633
any AN APPLICANT FOR LICENSURE TO PRACTICE CHIROPRACTIC OR OF A 1,634
LICENSED chiropractor for any of the following causes: 1,635
(1) His conviction CONVICTION of a felony or of a 1,637
misdemeanor involving moral turpitude, in either of which cases a 1,638
certified copy of the court record shall be conclusive evidence, 1,639
upon receipt of which the board shall revoke or suspend the 1,640
license of the person A CHIROPRACTOR so convicted; 1,641
(2) Any violation of this chapter; 1,643
(3) Fraud or deceit in procuring admission to practice; 1,645
(4) Habitually using drugs or intoxicants to the extent of 1,647
rendering him THE APPLICANT OR CHIROPRACTOR unfit for the 1,648
practice of chiropractic, or for gross immorality; 1,650
(5) Violation of any of the rules RULE adopted by the 1,652
board governing TO GOVERN the practice of chiropractic THAT IS 1,653
CONSISTENT WITH SECTION 4734.091 OF THE REVISED CODE; 1,654
(6) Being guilty of willful and gross malpractice, or 1,656
willful or gross neglect in the practice of chiropractic; 1,657
(7) Obtaining any fee by fraud or misrepresentation; 1,659
(8) Being guilty of false, fraudulent, or misleading 1,661
advertising or advertising the prices for which his CHIROPRACTIC 1,662
services are available; or having professional connection with 1,664
any person or any INDIVIDUAL, firm, or corporation who THAT 1,666
advertises contrary to DIVISION (A)(8) OF this section; 1,667
(9) The SUBJECT TO SECTION 4734.091 OF THE REVISED CODE, 1,669
39
THE violation of any provision of the code of ethics of the 1,671
American chiropractic association, and such other OR OF ANOTHER 1,672
national professional organizations as are ORGANIZATION AS 1,673
determined by rule, by OF the board. The board shall obtain and 1,675
keep on file current copies of the code CODES of ethics of the 1,676
national organizations. The practitioner A CHIROPRACTOR whose 1,677
certificate is being suspended or revoked shall not be found 1,679
guilty of the violation of TO HAVE VIOLATED a code of ethics of 1,680
an organization not appropriate to his THE CHIROPRACTOR'S 1,681
profession. 1,682
(10) His failure FAILURE of the licensing examination; 1,684
(11) Waiving the payment of all or any part of a 1,686
deductible or copayment that a patient, pursuant to a health 1,687
insurance or health care policy, contract, or plan that covers 1,688
the chiropractor's services, would otherwise WOULD be required to 1,689
pay if the waiver is used as an enticement to a patient or group 1,690
of patients to receive health care services from that provider.; 1,692
(12) Advertising that he THE CHIROPRACTOR will waive the 1,694
payment of all or any part of a deductible or copayment that a 1,696
patient, pursuant to a health insurance or health care policy, 1,697
contract, or plan that covers the chiropractor's services, would 1,698
otherwise WOULD be required to pay.
(B) For the purpose of investigation of possible 1,700
violations of this section, the board may administer oaths, order 1,701
the taking of depositions, issue subpoenas, and compel the 1,702
attendance of witnesses and the production of books, accounts, 1,703
papers, records, documents, and testimony. 1,704
(C) Notwithstanding divisions (A)(11) and (12) of this 1,706
section, sanctions shall not be imposed against any licensee who 1,707
waives deductibles and copayments AS FOLLOWS: 1,708
(1) In compliance with the health benefit plan that 1,710
expressly allows such a practice OF THAT NATURE. Waiver of the 1,712
deductibles or copays shall be made only with the full knowledge 1,715
and consent of the plan purchaser, payer, and third-party
40
administrator. Such DOCUMENTATION OF THE consent shall be made 1,716
available to the board upon request. 1,718
(2) For professional services rendered to any other person 1,720
licensed pursuant to this chapter to the extent allowed by this 1,721
chapter and the rules of the board. 1,722
Sec. 4734.17. No person shall practice chiropractic 1,731
without a certificate from the chiropractic examining board, 1,733
except a person to whom a current or original certificate to 1,735
practice chiropractic has been issued by the chiropractic
examining board under Chapter 4734. of the Revised Code THIS 1,736
CHAPTER. No person shall advertise or announce himself THE 1,738
PERSON as a chiropractor without a certificate from the 1,739
chiropractic examining board. No SUBJECT TO SECTION 4734.091 OF 1,740
THE REVISED CODE, NO person WHO IS not being a licensee shall 1,741
open or conduct an office or other place for such THE practice OF 1,742
CHIROPRACTIC without a certificate from the board. No SUBJECT TO 1,744
SECTION 4734.091 OF THE REVISED CODE, NO person shall conduct an 1,745
office in the name of some person who has a certificate to 1,746
practice chiropractic. No person shall practice chiropractic, 1,747
after a certificate has been revoked, or, if A CERTIFICATE HAS 1,748
BEEN suspended, during the time of such THE suspension. 1,749
A certificate THAT IS signed by the secretary to which is 1,751
OF THE BOARD AND THAT HAS affixed the official seal of the board 1,753
to the effect that it appears from the records of the board that 1,754
no such A certificate to practice chiropractic in the state has 1,755
NOT been issued to any such A PARTICULAR person specified 1,757
therein, or that a certificate, if issued, has been revoked or 1,759
suspended, shall be received as prima-facie evidence of the
record of such THE board in any court or before any officer of 1,761
the state. 1,762
Section 2. That existing sections 1701.03, 1705.03, 1,764
1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 1785.06, 1,765
1785.07, 1785.08, 3929.73, 4731.22, 4731.44, 4731.65, 4734.03, 1,766
4734.10, and 4734.17 of the Revised Code are hereby repealed. 1,768
41
Section 3. That Section 4 of Am. Sub. S.B. 191 of the 1,770
120th General Assembly is hereby repealed. 1,771
Section 4. Section 1785.01 of the Revised Code is 1,773
presented in this act as a composite of the section as amended by 1,774
both Am. H.B. 344 and Sub. H.B. 276 of the 119th General 1,775
Assembly, with the new language of neither of the acts shown in 1,776
capital letters. Section 4731.22 of the Revised Code is
presented in this act as a composite of the section as amended by 1,778
both Am. Sub. S.B. 154 and Am. Sub. S.B. 259 of the 121st General 1,779
Assembly, with the new language of neither of the acts shown in 1,780
capital letters. This is in recognition of the principle stated 1,782
in division (B) of section 1.52 of the Revised Code that such 1,783
amendments are to be harmonized where not substantively 1,784
irreconcilable and constitutes a legislative finding that such is 1,785
the resulting version in effect prior to the effective date of 1,786
this act.