As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                   S. B. No. 31  5            

      1997-1998                                                    6            


             SENATORS SUHADOLNIK-WHITE-FURNEY-McLIN                8            


                                                                   10           

                           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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
      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          

                                                          13     

                                                                 
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          

                                                          14     

                                                                 
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          

                                                          15     

                                                                 
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.