As Reported by the Senate Insurance, Commerce and Labor Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 31 5
1997-1998 6
SENATORS SUHADOLNIK-WHITE-FURNEY-McLIN-GILLMOR-B. JOHNSON 8
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A B I L L
To amend sections 1701.03, 1705.03, 1705.04, 12
1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 13
1785.06, 1785.07, 1785.08, 4731.22, 4731.44,
4731.65, 4732.17, 4734.03, 4734.10, and 4734.17, 14
to enact sections 4723.16, 4725.114, 4731.226, 15
4732.28, and 4734.091 of the Revised Code, and to
repeal Section 4 of Am. Sub. S.B. 191 of the 16
120th General Assembly to authorize optometrists, 17
chiropractors, psychologists, nurses, and doctors 18
of medicine and surgery, osteopathic medicine and 19
surgery, or podiatric medicine and surgery to 20
engage in their respective practices in a 21
combined form of a professional corporation, 22
limited liability company, partnership, or
professional association, to remove the 23
uncodified law prohibition against those types of 24
doctors practicing their professions by using 25
certain of the latter forms of business entities, 26
and to modify the criteria for disciplining
doctors for dividing fees. 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, 4731.22, 4731.44, 4731.65, 4732.17, 4734.03, 4734.10, 33
and 4734.17 be amended and sections 4723.16, 4725.114, 4731.226, 34
4732.28, and 4734.091 of the Revised Code be enacted to read as 35
2
follows:
Sec. 1701.03. (A) A corporation may be formed under this 44
chapter for any purpose or combination of purposes for which 45
individuals lawfully may associate themselves, except that, if 46
the Revised Code contains special provisions pertaining to the 47
formation of any designated type of corporation other than a 48
professional association, as defined in section 1785.01 of the 49
Revised Code, a corporation of that type shall be formed in 50
accordance with the special provisions. 51
(B) On and after the effective date of this amendment JULY 53
1, 1994, a corporation may be formed under this chapter for the 54
purpose of carrying on the practice of any profession, including, 55
but not limited to, a corporation for the purpose of providing 56
public accounting or certified public accounting services, a 57
corporation for the erection, owning, and conducting of a 58
sanitarium for receiving and caring for patients, medical and 59
hygienic treatment of patients, and instruction of nurses in the 60
treatment of disease and in hygiene, and a corporation for the 61
purpose of providing architectural, landscape architectural, 62
professional engineering, or surveying services or any 63
combination of those types of services, AND A CORPORATION FOR THE 64
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, 65
AS DEFINED IN SECTION 1785.01 OF THE REVISED CODE, OF 66
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, 67
OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED
CODE, OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE 69
REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES 70
AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, AND OF
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 71
SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER 72
CHAPTER 4731. OF THE REVISED CODE. This chapter does not 73
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
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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
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
(D) NO CORPORATION FORMED FOR THE PURPOSE OF PROVIDING A 98
COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED IN SECTION 99
1785.01 OF THE REVISED CODE, OF OPTOMETRISTS AUTHORIZED UNDER
CHAPTER 4725. OF THE REVISED CODE, OF CHIROPRACTORS AUTHORIZED 100
UNDER CHAPTER 4734. OF THE REVISED CODE, OF PSYCHOLOGISTS 101
AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED CODE, OF REGISTERED
OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER CHAPTER 4723. OF 102
THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND SURGERY, 103
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 104
SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE SHALL 105
DIRECTLY OR INDIRECTLY CONTROL THE PROFESSIONAL CLINICAL JUDGMENT 106
OF A LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED 107
OPTOMETRIST, CHIROPRACTOR, PSYCHOLOGIST, NURSE, OR DOCTOR OF 108
MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR 111
PODIATRIC MEDICINE AND SURGERY IN RENDERING CARE, TREATMENT, OR
PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT. 112
Sec. 1705.03. (A) A limited liability company may sue and 121
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be sued.
(B) Unless otherwise provided in its articles of 123
organization, a limited liability company may take property of 124
any description or any interest in property of any description by 125
gift, devise, or bequest and may make donations for the public 126
welfare or for charitable, scientific, or educational purposes.
(C) In carrying out the purposes stated in its articles of 128
organization or operating agreement and subject to limitations 130
prescribed by law or in its articles of organization or its 131
operating agreement, a limited liability company may do all of
the following: 132
(1) Purchase or otherwise acquire, lease as lessee or 134
lessor, invest in, hold, use, encumber, sell, exchange, transfer, 135
and dispose of property of any description or any interest in 136
property of any description;
(2) Make contracts; 138
(3) Form or acquire the control of other domestic or 140
foreign limited liability companies; 141
(4) Be a shareholder, partner, member, associate, or 143
participant in other profit or nonprofit enterprises or ventures; 144
(5) Conduct its affairs in this state and elsewhere; 146
(6) Render IN THIS STATE AND ELSEWHERE a professional 148
service or, the kinds of professional services authorized under 150
Chapters 4703. and 4733. of the Revised Code in this state and 151
elsewhere, OR A COMBINATION OF THE PROFESSIONAL SERVICES OF
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, 152
OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED 153
CODE, OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE 155
REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES 156
AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, AND OF 158
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 159
SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER 160
CHAPTER 4731. OF THE REVISED CODE;
(7) Borrow money; 162
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(8) Issue, sell, and pledge its notes, bonds, and other 164
evidences of indebtedness; 165
(9) Secure any of its obligations by mortgage, pledge, or 167
deed of trust of all or any of its property; 168
(10) Guarantee or secure obligations of any person; 170
(11) Do all things permitted by law and exercise all 172
authority within or incidental to the purposes stated in its 173
articles of organization.
(D) In addition to the authority conferred by division (C) 175
of this section and irrespective of the purposes stated in its 176
articles of organization or operating agreement but subject to 178
any limitations stated in those articles or its operating
agreement, a limited liability company may invest funds not 179
currently needed in its business in any securities if the 180
investment does not cause the company to acquire control of 181
another enterprise whose activities and operations are not 182
incidental to the purposes stated in the articles of organization
of the company. 183
(E)(1) No lack of authority or limitation upon the 185
authority of a limited liability company shall be asserted in any 186
action except as follows:
(a) By the state in an action by it against the company; 188
(b) By or on behalf of the company in an action against a 190
manager, an officer, or any member as a member; 191
(c) By a member as a member in an action against the 193
company, a manager, an officer, or any member as a member; 194
(d) In an action involving an alleged improper issue of a 196
membership interest in the company. 197
(2) Division (E)(1) of this section applies to any action 199
commenced in this state upon any contract made in this state by a 200
foreign limited liability company. 201
Sec. 1705.04. (A) Two or more persons, without regard to 210
residence, domicile, or state of organization, may form a limited 211
liability company. The entity COMPANY is formed when one or more 213
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persons or their authorized representative signs and files with 214
the secretary of state articles of organization that set forth 215
all of the following: 216
(1) The name of the company; 218
(2) Except as provided in division (B) of this section, 220
the period of its duration, which may be perpetual; 221
(3) The address to which interested persons may direct 223
requests for copies of any operating agreement and any bylaws of 224
the company; 225
(4) Any other provisions that are from the operating 227
agreement or that are not inconsistent with applicable law and 228
that the members elect to set out in the articles for the 229
regulation of the affairs of the company. 230
(B) If the articles of organization do not set forth the 232
period of the duration of the limited liability company, its 233
duration shall be perpetual. 234
(C) If a limited liability company is formed under this 236
chapter for the purpose of rendering a professional service or, 237
the kinds of professional services authorized under Chapters 238
4703. and 4733. of the Revised Code, OR A COMBINATION OF THE 239
PROFESSIONAL SERVICES OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 240
4725. OF THE REVISED CODE, OF CHIROPRACTORS AUTHORIZED UNDER 241
CHAPTER 4734. OF THE REVISED CODE, OF PSYCHOLOGISTS AUTHORIZED 242
UNDER CHAPTER 4732. OF THE REVISED CODE, OF REGISTERED OR 243
LICENSED PRACTICAL NURSES AUTHORIZED UNDER CHAPTER 4723. OF THE 245
REVISED CODE, AND OF DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC 246
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY 247
AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE, the following 248
apply:
(1) Each member, employee, or other agent of the company 250
who renders a professional service in this state and, if the 251
management of the company is not reserved to its members, each 252
manager of the company who renders a professional service in this 253
state shall be licensed, CERTIFICATED, or otherwise legally 255
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authorized to render in this state the same kind of professional 256
service or,; if applicable, the kinds of professional services 257
authorized under Chapters 4703. and 4733. of the Revised Code; 258
OR, IF APPLICABLE, ANY OF THE KINDS OF PROFESSIONAL SERVICES OF 259
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, 260
OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED 261
CODE, OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE 263
REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES 264
AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, OR OF DOCTORS 266
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR
PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF 267
THE REVISED CODE.
(2) Each member, employee, or other agent of the company 269
who renders a professional service in another state and, if the 270
management of the company is not reserved to its members, each 271
manager of the company who renders a professional service in 272
another state shall be licensed, CERTIFICATED, or otherwise 274
legally authorized to render that professional service in the 275
other state.
(D) Except for the provisions of this chapter pertaining 277
to the personal liability of members, employees, or other agents 278
of a limited liability company and, if the management of the 279
company is not reserved to its members, the personal liability of 280
managers of the company, this chapter does not restrict, limit, 281
or otherwise affect the authority or responsibilities of any 282
agency, board, commission, department, office, or other entity to 283
license, CERTIFICATE, register, and otherwise regulate the 284
professional conduct of individuals or organizations of any kind 286
rendering professional services in this state or to regulate the 287
practice of any profession that is within the jurisdiction of the 288
agency, board, commission, department, office, or other entity, 289
notwithstanding that the individual is a member or manager of a 290
limited liability company and is rendering the professional 291
services or engaging in the practice of the profession through 292
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the limited liability company or that the organization is a 293
limited liability company. 294
(E) NO LIMITED LIABILITY COMPANY FORMED FOR THE PURPOSE OF 298
PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED
IN SECTION 1785.01 OF THE REVISED CODE, OF OPTOMETRISTS 299
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, OF 300
CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED CODE,
OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED 301
CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER 303
CHAPTER 4723. OF THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND 305
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 306
AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE 307
SHALL DIRECTLY OR INDIRECTLY CONTROL THE PROFESSIONAL CLINICAL 309
JUDGMENT OF A LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY 310
AUTHORIZED OPTOMETRIST, CHIROPRACTOR, PSYCHOLOGIST, NURSE, OR
DOCTOR OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, 313
OR PODIATRIC MEDICINE AND SURGERY IN RENDERING CARE, TREATMENT, 315
OR PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT. 316
Sec. 1705.53. Subject to any contrary provisions of the 326
Ohio Constitution, the laws of the state under which a foreign 327
limited liability company is organized govern its organization 328
and internal affairs and the liability of its members. A foreign 329
limited liability company may not be denied a certificate of 330
registration as a foreign limited liability company in this state 331
because of any difference between the laws of the state under
which it is organized and the laws of this state. However, a 332
foreign limited liability company that applies for registration 333
under this chapter to render a professional service in this 334
state, as a condition to obtaining and maintaining a certificate 335
of registration, shall comply with the requirements of division 336
(B)(C) of section 1705.04 of the Revised Code and, SHALL COMPLY 337
WITH THE REQUIREMENTS OF CHAPTERS 4703. AND 4733. OF THE REVISED 338
CODE if the kinds of professional services authorized under 339
Chapters 4703. and 4733. of the Revised Code THOSE CHAPTERS are 341
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to be rendered, OR WITH the requirements of those chapters 342
CHAPTERS 4725., 4731., AND 4734. OF THE REVISED CODE IF A 343
COMBINATION OF THE PROFESSIONAL SERVICES OF OPTOMETRISTS
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, OF 345
CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED CODE, 346
OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED 348
CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER 349
CHAPTER 4723. OF THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND 351
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 352
AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE 353
ARE TO BE RENDERED.
Sec. 1785.01. As used in this chapter: 362
(A) "Professional service" means any type of professional 364
service which THAT may be performed only pursuant to a license, 365
certificate, or other legal authorization, as provided by 366
Chapters ISSUED PURSUANT TO CHAPTER 4701., 4703., 4705., 4715., 368
4723., 4725., 4729., 4731., 4732., 4733., 4734., and OR 4741., 369
and sections 4755.01 to 4755.12, and OR sections 4755.40 to 370
4755.53 of the Revised Code, to certified public accountants, 372
licensed public accountants, architects, attorneys, 373
chiropractors, dentists, pharmacists, optometrists, physicians 374
DOCTORS OF MEDICINE AND SURGERY, DOCTORS OF OSTEOPATHIC MEDICINE 375
AND SURGERY, DOCTORS OF PODIATRIC MEDICINE and surgeons SURGERY, 376
practitioners of limited branches of medicine or surgery as 377
defined in section 4731.15 of the Revised Code, psychologists, 378
professional engineers, veterinarians, physical therapists, and 379
registered nurses, and occupational therapists. 380
(B) "Professional association" means an association THAT 382
IS organized under this chapter, for the sole purpose of 383
rendering one of the professional services authorized under 384
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4731., 385
4732., 4733., 4734., or 4741. or, sections 4755.01 to 4755.12, or 386
sections 4755.40 to 4755.53 of the Revised Code, or a combination 387
of the professional services authorized under Chapters 4703. and 388
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4733. of the Revised Code, OR A COMBINATION OF THE PROFESSIONAL 389
SERVICES OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE 390
REVISED CODE, OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF 391
THE REVISED CODE, OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. 393
OF THE REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES 394
AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, AND OF 396
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 397
SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER 398
CHAPTER 4731. OF THE REVISED CODE.
Sec. 1785.02. An individual or group of individuals each 407
of whom is licensed, CERTIFICATED, or otherwise legally 408
authorized to render WITHIN THIS STATE the same kind of 409
professional service within this state, or a group of individuals 411
each of whom is licensed, CERTIFICATED, or otherwise LEGALLY 412
authorized to render WITHIN THIS STATE the professional service 413
within this state authorized under either Chapter 4703. or 4733. 414
of the Revised Code, OR A GROUP OF INDIVIDUALS EACH OF WHOM IS 415
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO RENDER 416
WITHIN THIS STATE THE PROFESSIONAL SERVICE OF OPTOMETRISTS 417
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, THE 419
PROFESSIONAL SERVICE OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 420
4734. OF THE REVISED CODE, THE PROFESSIONAL SERVICE OF 421
PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED CODE, 422
THE PROFESSIONAL SERVICE OF REGISTERED OR LICENSED PRACTICAL 423
NURSES AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, OR THE 424
PROFESSIONAL SERVICE OF DOCTORS OF MEDICINE AND SURGERY, 425
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 426
SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE may 428
organize and become a shareholder, or shareholders, of a
professional association. Any group of individuals described in 429
this section who may be rendering one of the professional 430
services as an organization created otherwise than pursuant to 431
this chapter may incorporate under and pursuant to this chapter 432
by amending the agreement establishing the organization in a 433
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manner that the agreement as amended constitutes articles of 434
incorporation prepared and filed in the manner prescribed in 435
section 1785.08 of the Revised Code and by otherwise complying 436
with the applicable requirements of this chapter.
Sec. 1785.03. A professional association may render A 445
PARTICULAR professional service only through officers, employees, 446
and agents who are themselves duly licensed, CERTIFICATED, or 447
otherwise legally authorized to render THE professional service 448
within this state. The term "employee" as AS used in this 449
section, "EMPLOYEE" does not include clerks, bookkeepers, 451
technicians, or other individuals who are not usually and
ordinarily considered by custom and practice to be rendering A 452
PARTICULAR professional services SERVICE for which a license, 454
CERTIFICATE, or other legal authorization is required, nor AND 455
does the term "employee" NOT include any other person who 456
performs all his OF THAT PERSON'S employment under the direct 457
supervision and control of an officer, agent, or employee who is 458
himself rendering RENDERS A PARTICULAR professional service to 459
the public on behalf of the corporation PROFESSIONAL ASSOCIATION. 460
NO PROFESSIONAL ASSOCIATION FORMED FOR THE PURPOSE OF 464
PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED
IN SECTION 1785.01 OF THE REVISED CODE, OF OPTOMETRISTS 465
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, OF 466
CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED CODE,
OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED 467
CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER 468
CHAPTER 4723. OF THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND 470
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 471
AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE 472
SHALL DIRECTLY OR INDIRECTLY CONTROL THE PROFESSIONAL CLINICAL 473
JUDGMENT OF A LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY
AUTHORIZED OPTOMETRIST, CHIROPRACTOR, PSYCHOLOGIST, NURSE, OR 474
DOCTOR OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, 476
OR PODIATRIC MEDICINE AND SURGERY IN RENDERING CARE, TREATMENT, 477
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OR PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT.
Sec. 1785.05. A professional association may issue its 486
capital stock only to persons who are duly licensed, 487
CERTIFICATED, or otherwise legally authorized to render WITHIN 488
THIS STATE the same professional service as that for which the 489
association was organized OR, IN THE CASE OF A COMBINATION OF 490
PROFESSIONAL SERVICES DESCRIBED IN DIVISION (B) OF SECTION 491
1785.01 OF THE REVISED CODE, TO RENDER WITHIN THIS STATE ANY OF
THE APPLICABLE TYPES OF PROFESSIONAL SERVICES FOR WHICH THE 492
ASSOCIATION WAS ORGANIZED.
Sec. 1785.06. A professional association shall, within 501
thirty days after the thirtieth day of June in each year, SHALL 502
furnish a statement to the secretary of state showing the names 503
and post-office addresses of all OF THE shareholders in the 504
corporation ASSOCIATION and shall certify CERTIFYING that all OF 506
THE shareholders are duly licensed, CERTIFICATED, or otherwise 508
legally authorized to render WITHIN THIS STATE THE SAME
professional service in this state FOR WHICH THE ASSOCIATION WAS 510
ORGANIZED OR, IN THE CASE OF A COMBINATION OF PROFESSIONAL 511
SERVICES DESCRIBED IN DIVISION (B) OF SECTION 1785.01 OF THE 512
REVISED CODE, TO RENDER WITHIN THIS STATE ANY OF THE APPLICABLE
TYPES OF PROFESSIONAL SERVICES FOR WHICH THE ASSOCIATION WAS 513
ORGANIZED. This report STATEMENT shall be made on such A form as 515
shall be prescribed by THAT the secretary of state SHALL 516
PRESCRIBE, shall be signed by an officer of the corporation 518
ASSOCIATION, and shall be filed in the office of the secretary of 520
state.
If any professional association fails to file the annual 522
report STATEMENT within the time required by this section, the 523
secretary of state shall give notice of the failure by certified 525
mail, RETURN RECEIPT REQUESTED, to the last known address of the 527
corporation ASSOCIATION or its agent and, if. IF the report 528
ANNUAL STATEMENT is not filed within thirty days after the 529
mailing of the notice, the secretary of state shall, upon the 530
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expiration of that period, SHALL cancel the ASSOCIATION'S 531
articles of incorporation, give notice of the cancellation to the 533
corporation ASSOCIATION by mail SENT to the last known address of 535
the corporation ASSOCIATION or its agent, and make a notation of 536
the cancellation on his THE records OF THE SECRETARY OF STATE. 537
A professional association whose articles have been 539
canceled pursuant to this section may be reinstated by filing an 540
application for reinstatement, together with AND the required 541
annual report STATEMENT or reports STATEMENTS and by paying a 543
reinstatement fee of ten dollars. The rights, privileges, and 544
franchises of a professional association whose articles have been 545
reinstated are subject to section 1701.922 of the Revised Code. 546
The secretary of state shall inform the tax commissioner of all 547
cancellations and reinstatements under this section. 548
Sec. 1785.07. A shareholder of a professional association 557
may sell or transfer his THAT SHAREHOLDER'S shares in such THE 558
association only to another individual who is duly licensed, 560
CERTIFICATED, or otherwise legally authorized to render WITHIN 561
THIS STATE the same professional service as that for which the 562
corporation ASSOCIATION was organized OR, IN THE CASE OF A 563
COMBINATION OF PROFESSIONAL SERVICES DESCRIBED IN DIVISION (B) OF 564
SECTION 1785.01 OF THE REVISED CODE, TO RENDER IN THIS STATE ANY 565
OF THE APPLICABLE TYPES OF PROFESSIONAL SERVICES FOR WHICH THE
ASSOCIATION WAS ORGANIZED. 566
Sec. 1785.08. Chapter 1701. of the Revised Code applies to 575
professional associations, including their organization and the 576
manner of filing articles of incorporation, except that the 577
requirements of division (A) of section 1701.06 of the Revised 578
Code do not apply to professional associations. If any provision 579
of this chapter conflicts with any provision of Chapter 1701. of
the Revised Code, the provisions of this chapter shall take 580
precedence. A professional association for the practice of 581
medicine or AND surgery or, osteopathic medicine and surgery, OR 583
PODIATRIC MEDICINE AND SURGERY OR FOR THE COMBINED PRACTICE OF
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OPTOMETRY, CHIROPRACTIC, PSYCHOLOGY, NURSING, MEDICINE AND 584
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 586
AND SURGERY may provide in the ITS articles of incorporation or 587
bylaws that its directors may have terms of office not exceeding 588
six years.
Sec. 4723.16. (A) AN INDIVIDUAL WHOM THE BOARD OF NURSING 591
LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO ENGAGE
IN THE PRACTICE OF NURSING AS A REGISTERED NURSE OR AS A LICENSED 592
PRACTICAL NURSE MAY RENDER THE PROFESSIONAL SERVICES OF A 593
REGISTERED OR LICENSED PRACTICAL NURSE WITHIN THIS STATE THROUGH 595
A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1701.03 OF THE 596
REVISED CODE, A LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 597
1705. OF THE REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL 598
ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE REVISED CODE. THIS 600
DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM 601
RENDERING PROFESSIONAL SERVICES AS A REGISTERED OR LICENSED 602
PRACTICAL NURSE THROUGH ANOTHER FORM OF BUSINESS ENTITY, 603
INCLUDING, BUT NOT LIMITED TO, A NONPROFIT CORPORATION OR 604
FOUNDATION, OR IN ANOTHER MANNER THAT IS AUTHORIZED BY OR IN 605
ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER OF THE REVISED 606
CODE, OR RULES OF THE BOARD OF NURSING ADOPTED PURSUANT TO THIS 607
CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 610
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 611
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 612
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 613
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 614
PRACTICE THEIR RESPECTIVE PROFESSIONS: 615
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY 617
UNDER CHAPTER 4725. OF THE REVISED CODE; 618
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 620
CHIROPRACTIC UNDER CHAPTER 4734. OF THE REVISED CODE; 621
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 623
PSYCHOLOGY UNDER CHAPTER 4732. OF THE REVISED CODE; 625
15
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 627
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 628
LICENSED PRACTICAL NURSES UNDER THIS CHAPTER; 629
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 632
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE LICENSED, 633
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED FOR THEIR
RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF THE REVISED CODE. 636
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 639
CODE OF ETHICS APPLICABLE TO A NURSE, OR A PROVISION OF A RULE OF
THE BOARD OF NURSING ADOPTED PURSUANT TO THIS CHAPTER, THAT 640
EXPRESSLY OR IMPLICITLY PURPORTS TO PROHIBIT A REGISTERED OR 641
LICENSED PRACTICAL NURSE FROM ENGAGING IN THE PRACTICE OF NURSING 642
AS A REGISTERED NURSE OR AS A LICENSED PRACTICAL NURSE IN 643
COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR 644
OTHERWISE LEGALLY AUTHORIZED TO PRACTICE OPTOMETRY, CHIROPRACTIC, 645
PSYCHOLOGY, MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 646
SURGERY, OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT ALSO 647
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE 648
IN THE PRACTICE OF NURSING AS A REGISTERED NURSE OR AS A LICENSED 649
PRACTICAL NURSE.
Sec. 4725.114. (A) AN INDIVIDUAL WHOM THE STATE BOARD OF 651
OPTOMETRY LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES 652
TO ENGAGE IN THE PRACTICE OF OPTOMETRY MAY RENDER THE 653
PROFESSIONAL SERVICES OF AN OPTOMETRIST WITHIN THIS STATE THROUGH 655
A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1701.03 OF THE 656
REVISED CODE, A LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 657
1705. OF THE REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL 658
ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE REVISED CODE. THIS 660
DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM 661
RENDERING PROFESSIONAL SERVICES AS AN OPTOMETRIST THROUGH ANOTHER 662
FORM OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A 663
NONPROFIT CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS 664
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER 666
OF THE REVISED CODE, OR RULES OF THE STATE BOARD OF OPTOMETRY 667
16
ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 670
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 671
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 672
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 673
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 674
PRACTICE THEIR RESPECTIVE PROFESSIONS: 675
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY 677
UNDER CHAPTER 4725. OF THE REVISED CODE; 678
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 680
CHIROPRACTIC UNDER CHAPTER 4734. OF THE REVISED CODE; 681
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 683
PSYCHOLOGY UNDER CHAPTER 4732. OF THE REVISED CODE; 684
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 686
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 687
LICENSED PRACTICAL NURSES UNDER CHAPTER 4723. OF THE REVISED 688
CODE;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 691
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE AUTHORIZED 692
FOR THEIR RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF THE REVISED 693
CODE. 694
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 697
CODE OF ETHICS APPLICABLE TO AN OPTOMETRIST, OR A PROVISION OF A
RULE OF THE STATE BOARD OF OPTOMETRY ADOPTED PURSUANT TO THIS 699
CHAPTER, THAT EXPRESSLY OR IMPLICITLY PURPORTS TO PROHIBIT AN 700
OPTOMETRIST FROM ENGAGING IN THE PRACTICE OF OPTOMETRY IN 701
COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR 702
OTHERWISE LEGALLY AUTHORIZED TO PRACTICE CHIROPRACTIC, 703
PSYCHOLOGY, NURSING, MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 704
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT 705
ALSO LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 706
ENGAGE IN THE PRACTICE OF OPTOMETRY. 707
Sec. 4731.22. (A) The state medical board, pursuant to an 716
adjudication under Chapter 119. of the Revised Code and by a vote 718
17
of not fewer than six of its members, may revoke or may refuse to 719
grant a certificate to a person found by the board to have 720
committed fraud in passing the examination or to have committed 721
fraud, misrepresentation, or deception in applying for or 722
securing any license or certificate issued by the board.
(B) The board, pursuant to an adjudication under Chapter 725
119. of the Revised Code and by a vote of not fewer than six 726
members, shall, to the extent permitted by law, limit, revoke, or 727
suspend a certificate, refuse to register or refuse to reinstate 728
an applicant, or reprimand or place on probation the holder of a 729
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate of 731
registration to be used by a person, group, or corporation when 732
the individual concerned is not actually directing the treatment 733
given; 734
(2) Failure to use reasonable care discrimination in the 736
administration of drugs, or failure to employ acceptable 737
scientific methods in the selection of drugs or other modalities 738
for treatment of disease; 739
(3) Selling, prescribing, giving away, or administering 741
drugs for other than legal and legitimate therapeutic purposes or 742
a plea of guilty to, or a judicial finding of guilt of, a 743
violation of any federal or state law regulating the possession, 744
distribution, or use of any drug; 745
(4) Willfully betraying a professional confidence or 747
engaging in the division of fees for referral of patients, or the 748
receiving of a thing of value in return for a specific referral 749
of a patient to utilize a particular service or business. For 750
purposes of this division, "willfully betraying a professional 751
confidence" does not include the making of a report of an 752
employee's use of a drug of abuse, or a report of a condition of 753
an employee other than one involving the use of a drug of abuse, 754
to the employer of the employee as described in division (B) of 755
section 2305.33 of the Revised Code, and nothing in this division 756
18
affects, or shall be construed as affecting, the immunity from 757
civil liability conferred by that section upon a physician who 758
makes either type of report in accordance with division (B) of 759
that section. As used in this division, "employee," "employer," 760
and "physician" have the same meanings as in section 2305.33 of 761
the Revised Code. 762
(5) Soliciting patients or publishing a false, fraudulent, 764
deceptive, or misleading statement. 765
As used in this division, "false, fraudulent, deceptive, or 767
misleading statement" means a statement that includes a 768
misrepresentation of fact, is likely to mislead or deceive 769
because of a failure to disclose material facts, is intended or 770
is likely to create false or unjustified expectations of 771
favorable results, or includes representations or implications 772
that in reasonable probability will cause an ordinarily prudent 773
person to misunderstand or be deceived. 774
(6) A departure from, or the failure to conform to, 776
minimal standards of care of similar practitioners under the same 777
or similar circumstances, whether or not actual injury to a 778
patient is established; 779
(7) Representing, with the purpose of obtaining 781
compensation or other advantage for self or for any other person, 783
that an incurable disease or injury, or other incurable
condition, can be permanently cured; 784
(8) The obtaining of, or attempting to obtain, money or 786
anything of value by fraudulent misrepresentations in the course 787
of practice; 788
(9) A plea of guilty to, or a judicial finding of guilt 790
of, a felony; 791
(10) Commission of an act that constitutes a felony in 793
this state regardless of the jurisdiction in which the act was 794
committed; 795
(11) A plea of guilty to, or a judicial finding of guilt 797
of, a misdemeanor committed in the course of practice; 798
19
(12) Commission of an act that constitutes a misdemeanor 800
in this state regardless of the jurisdiction in which the act was 801
committed, if the act was committed in the course of practice; 802
(13) A plea of guilty to, or a judicial finding of guilt 804
of, a misdemeanor involving moral turpitude; 805
(14) Commission of an act that constitutes a misdemeanor 807
in this state regardless of the jurisdiction in which the act was 808
committed, if the act involves moral turpitude; 809
(15) Violation of the conditions of limitation placed by 811
the board upon a certificate to practice or violation of the 812
conditions of limitation upon which a limited or temporary 813
registration or certificate to practice is issued; 814
(16) Failure to pay license renewal fees specified in this 816
chapter; 817
(17) Any ENGAGING IN THE division of fees or charges, or 819
any agreement or arrangement to share fees or charges, made by 821
any person licensed to practice medicine and surgery, osteopathic 822
medicine and surgery, or podiatry with any other person so 824
licensed, or with any person FOR REFERRAL OF PATIENTS, OR THE 825
RECEIVING OF A THING OF VALUE IN RETURN FOR A SPECIFIC REFERRAL 826
OF A PATIENT TO A PARTICULAR SERVICE OR BUSINESS; 827
(18)(a) The SUBJECT TO SECTION 4731.226 OF THE REVISED 829
CODE, THE violation of any provision of a code of ethics of the 831
American medical association, the American osteopathic
association, the American podiatric medical association, and OR 832
any other national professional organizations as are determined, 834
by rule, by the state medical board. The state medical board 835
shall obtain and keep on file current copies of the codes of 836
ethics of the various national professional organizations. The 837
practitioner whose certificate is being suspended or revoked 838
shall not be found to have violated any provision of a code of 839
ethics of an organization not appropriate to the practitioner's 840
profession. 841
(b) For purposes of this division, a "provision of a code 843
20
of ethics of a national professional organization" does not 844
include any provision of a code of ethics of a specified national 845
professional organization that would preclude the making of a 846
report by a physician of an employee's use of a drug of abuse, or 847
of a condition of an employee other than one involving the use of 848
a drug of abuse, to the employer of the employee as described in 849
division (B) of section 2305.33 of the Revised Code, and nothing 850
in this division affects, or shall be construed as affecting, the 851
immunity from civil liability conferred by that section upon a 852
physician who makes either type of report in accordance with 853
division (B) of that section. As used in this division, 854
"employee," "employer," and "physician" have the same meanings as 855
in section 2305.33 of the Revised Code. 856
(19) Inability to practice according to acceptable and 858
prevailing standards of care by reason of mental illness or 859
physical illness, including, but not limited to, physical 860
deterioration that adversely affects cognitive, motor, or 861
perceptive skills. In enforcing this division, the board, upon a 862
showing of a possible violation, may compel any individual 863
licensed or certified to practice by this chapter or who has 864
applied for licensure or certification pursuant to this chapter 865
to submit to a mental or physical examination, or both, as 866
required by and at the expense of the board. Failure of any 867
individual to submit to a mental or physical examination when 868
directed constitutes an admission of the allegations against the 869
individual unless the failure is due to circumstances beyond the 870
individual's control, and a default and final order may be 871
entered without the taking of testimony or presentation of 872
evidence. If the board finds a physician unable to practice 873
because of the reasons set forth in this division, the board 874
shall require the physician to submit to care, counseling, or 875
treatment by physicians approved or designated by the board, as a 876
condition for initial, continued, reinstated, or renewed 877
licensure to practice. An individual licensed by this chapter 878
21
affected under this division shall be afforded an opportunity to 879
demonstrate to the board that the individual can resume practice 880
in compliance with acceptable and prevailing standards under the 881
provisions of the individual's certificate. For the purpose of 883
this division, any individual licensed or certified to practice 884
by this chapter accepts the privilege of practicing in this 885
state, and, by so doing or by the making and filing of a
registration or application to practice in this state, shall be 886
deemed to have given consent to submit to a mental or physical 888
examination when directed to do so in writing by the board, and 889
to have waived all objections to the admissibility of testimony 890
or examination reports that constitute a privileged
communication. 891
(20) Except as provided in division (B)(27) of this 893
section and section 4731.225 of the Revised Code, AND SUBJECT TO 894
SECTION 4731.226 OF THE REVISED CODE, violating or attempting to 896
violate, directly or indirectly, or assisting in or abetting the 897
violation of, or conspiring to violate, any provisions of this 898
chapter or any rule promulgated by the board. This division does 899
not apply to a violation or attempted violation of, assisting in 900
or abetting the violation of, or a conspiracy to violate, any 901
provision of this chapter or any rule promulgated by the board 902
that would preclude the making of a report by a physician of an 903
employee's use of a drug of abuse, or of a condition of an 904
employee other than one involving the use of a drug of abuse, to 905
the employer of the employee as described in division (B) of 906
section 2305.33 of the Revised Code, and nothing in this division 907
affects, or shall be construed as affecting, the immunity from 908
civil liability conferred by that section upon a physician who 909
makes either type of report in accordance with division (B) of 910
that section. As used in this division, "employee," "employer," 911
and "physician" have the same meanings as in section 2305.33 of 912
the Revised Code.
(21) The violation of any abortion rule adopted by the 914
22
public health council pursuant to section 3701.341 of the Revised 915
Code; 916
(22) The limitation, revocation, or suspension by another 918
state of a license or certificate to practice issued by the 919
proper licensing authority of that state, the refusal to license, 920
register, or reinstate an applicant by that authority, the 921
imposition of probation by that authority, or the issuance of an 923
order of censure or other reprimand by that authority for any 924
reason, other than nonpayment of fees; 925
(23) The violation of section 2919.12 of the Revised Code 927
or the performance or inducement of an abortion upon a pregnant 928
woman with actual knowledge that the conditions specified in 929
division (B) of section 2317.56 of the Revised Code have not been 930
satisfied or with a heedless indifference as to whether those 931
conditions have been satisfied, unless an affirmative defense as 932
specified in division (H)(2) of that section would apply in a 933
civil action authorized by division (H)(1) of that section; 934
(24) The revocation, suspension, restriction, reduction, 936
or termination of clinical privileges by the department of 937
defense, or the veterans administration of the United States, for 938
any act or acts that would also WOULD constitute a violation of 939
this chapter; 941
(25) Termination or suspension from medicare or medicaid 943
programs by the department of health and human services or other 944
responsible agency for any act or acts that would also WOULD 945
constitute a violation of division (B)(2), (3), (6), (8), or (19) 947
of this section; 948
(26) Impairment of ability to practice according to 950
acceptable and prevailing standards of care because of habitual 951
or excessive use or abuse of drugs, alcohol, or other substances 952
that impair ability to practice. 953
For the purposes of this division, any individual licensed 955
or certified under this chapter accepts the privilege of 956
practicing in this state subject to supervision by the board. By 957
23
filing a registration or application for licensure or by holding 958
a license or certificate under this chapter, an individual shall 959
be deemed to have given consent to submit to a mental or physical 961
examination when ordered to do so by the board in writing, and to 962
have waived all objections to the admissibility of testimony or 963
examination reports that constitute privileged communications. 964
If it has reason to believe that any individual licensed or 966
certified under this chapter or any applicant for a license or 967
certification suffers such impairment, the board may compel the 968
individual to submit to a mental or physical examination, or 969
both. The examination shall be at the expense of the board. Any 970
mental or physical examination required under this division shall 971
be undertaken by a treatment provider or physician WHO IS 972
qualified to conduct such THE examination and WHO IS chosen by 973
the board. 974
Failure of the individual to submit to a mental or physical 976
examination ordered by the board constitutes an admission of the 977
allegations against the individual unless the failure is due to 978
circumstances beyond the individual's control, and a default and 979
final order may be entered without the taking of testimony or 980
presentation of evidence. If the board determines that the 981
individual's ability to practice is impaired, the board shall 982
suspend the individual's certificate or deny the individual's 984
application and shall require the individual, as a condition for 985
initial, continued, reinstated, or renewed licensure to practice, 986
to submit to treatment. 987
Before being eligible to apply for reinstatement of a 989
license suspended under this division, the practitioner shall 990
demonstrate to the board that the practitioner can resume 991
practice in compliance with acceptable and prevailing standards 992
of care under the provisions of the practitioner's certificate. 993
Such THE demonstration shall include, but shall not be limited 995
to, the following:
(a) Certification from a treatment provider approved under 997
24
section 4731.25 of the Revised Code that the practitioner has 998
successfully completed any required inpatient treatment; 999
(b) Evidence of continuing full compliance with an 1,001
aftercare contract or consent agreement; 1,002
(c) Two written reports indicating that the individual's 1,004
ability to practice has been assessed and that the individual has 1,005
been found capable of practicing according to acceptable and 1,006
prevailing standards of care. The reports shall be made by 1,007
individuals or providers approved by the board for making such 1,008
THE assessments and shall describe the basis for this 1,010
determination.
The board may reinstate a license suspended under this 1,012
division after such THAT demonstration and after the individual 1,013
has entered into a written consent agreement. 1,015
When the impaired practitioner resumes practice after 1,017
reinstatement of the practitioner's license, the board shall 1,018
require continued monitoring of the practitioner, which shall 1,020
include, but not be limited to, compliance with the written 1,021
consent agreement entered into before reinstatement or with 1,022
conditions imposed by board order after a hearing, and, upon 1,023
termination of the consent agreement, submission to the board for 1,024
at least two years of annual written progress reports made under 1,025
penalty of perjury stating whether the practitioner has 1,026
maintained sobriety. 1,027
(27) A second or subsequent violation of section 4731.66 1,029
or 4731.69 of the Revised Code; 1,030
(28) Except as provided in division (J) of this section: 1,032
(a) Waiving the payment of all or any part of a deductible 1,035
or copayment that a patient, pursuant to a health insurance or 1,036
health care policy, contract, or plan that covers the 1,037
practitioner's services, would otherwise WOULD be required to pay 1,038
if the waiver is used as an enticement to a patient or group of 1,039
patients to receive health care services from that provider; 1,040
(b) Advertising that the practitioner will waive the 1,042
25
payment of all or any part of a deductible or copayment that a 1,044
patient, pursuant to a health insurance or health care policy, 1,045
contract, or plan that covers the practitioner's services, would 1,046
otherwise WOULD be required to pay; 1,048
(29) Failure to use universal blood and body fluid 1,050
precautions established by rules adopted under section 4731.051 1,051
of the Revised Code; 1,052
(30) Failure of a collaborating physician to perform the 1,055
responsibilities agreed to by the physician in the protocol 1,056
established between the physician and an advanced practice nurse 1,057
in accordance with section 4723.56 of the Revised Code; 1,058
(31) Failure to provide notice to, and receive 1,060
acknowledgment of the notice from, a patient when required by 1,062
section 4731.143 of the Revised Code prior to providing 1,063
nonemergency professional services, or failure to maintain that 1,064
notice in the patient's file;
(32) Failure of a physician supervising a physician 1,066
assistant to maintain supervision in accordance with the 1,067
requirements of Chapter 4730. of the Revised Code and the rules 1,068
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 1,070
standard care arrangement with a clinical nurse specialist, 1,071
certified nurse-midwife, or certified nurse practitioner with 1,072
whom the physician or podiatrist is in collaboration pursuant to 1,073
section 4731.27 of the Revised Code and TO practice in accordance 1,074
with the arrangement.
For purposes of divisions (B)(10), (12), and (14) of this 1,076
section, the commission of the act may be established by a 1,077
finding by the board, pursuant to an adjudication under Chapter 1,079
119. of the Revised Code, that the applicant or certificate 1,080
holder committed the act in question. The board shall DOES NOT 1,081
have no jurisdiction under these THOSE divisions in cases where 1,082
IF the trial court renders a final judgment in the certificate 1,083
holder's favor and that judgment is based upon an adjudication on 1,084
26
the merits. The board shall have HAS jurisdiction under these 1,086
THOSE divisions in cases where IF the trial court issues an order 1,087
of dismissal upon technical or procedural grounds. 1,088
The sealing of conviction records shall have no effect upon 1,090
a prior board order entered under the provisions of this section 1,091
or upon the board's jurisdiction to take action under the 1,092
provisions of this section if a notice of AN opportunity for A 1,094
hearing has been issued based upon A conviction, a plea of 1,095
guilty, or a judicial finding of guilt prior to such THE court 1,096
order.
(C)(1) The board shall investigate evidence that appears 1,098
to show that any person has violated any provision of this 1,099
chapter or any rule adopted under it. Any person may report to 1,100
the board in a signed writing any information that the person may 1,103
have that appears to show a violation of any provision of this 1,104
chapter or any rule adopted under it. In the absence of bad 1,106
faith, any person who reports such information OF THAT NATURE or 1,107
who testifies before the board in any adjudication hearing 1,109
conducted under Chapter 119. of the Revised Code shall not be 1,110
liable for civil IN damages IN A CIVIL ACTION as a result of the 1,112
report or testimony.
Each complaint or allegation of a violation received by the 1,114
board shall be assigned a case number and shall be recorded by 1,115
the board. Information received by the board pursuant to an 1,116
investigation shall be confidential and not subject to discovery 1,117
in any civil action. 1,118
Investigations of alleged violations of this chapter or any 1,120
rule adopted under it shall be supervised by the supervising 1,122
member elected by the board in accordance with section 4731.02 of 1,123
the Revised Code and by the secretary as provided in section 1,124
4731.39 of the Revised Code. The president may designate another 1,125
member of the board to supervise the investigation in place of 1,126
the supervising member. No member of the board who supervises 1,127
the investigation of a case shall participate in further 1,128
27
adjudication of the case.
For the purpose of investigation of a possible violation of 1,130
division (B)(3), (8), (9), (11), or (15) of this section, the 1,131
board may administer oaths, order the taking of depositions, 1,132
issue subpoenas, and compel the attendance of witnesses and 1,133
production of books, accounts, papers, records, documents, and 1,134
testimony. 1,135
In investigating possible violations of all remaining 1,137
divisions of this section and sections of this chapter or any 1,138
rule adopted under this chapter, the board also may administer 1,140
oaths, order the taking of depositions, issue subpoenas, and 1,141
compel the attendance of witnesses and production of books, 1,142
accounts, papers, records, documents, and testimony. However, in 1,143
such THOSE instances, other than for patient records provided to 1,144
the board pursuant to the reporting provisions of division (A) of 1,145
section 4731.224 of the Revised Code, a subpoena for patient 1,146
record information shall not be issued without consultation with 1,147
the attorney general's office and approval of the secretary of 1,148
the board, the supervising member, and a member of the board who 1,149
holds a certificate issued under this chapter authorizing the 1,150
practice of medicine and surgery, osteopathic medicine and 1,152
surgery, or podiatry PODIATRIC MEDICINE AND SURGERY. Before 1,154
issuance of such A subpoena OF THAT NATURE, the three board 1,156
members shall determine whether there is probable cause to 1,158
believe that the complaint filed alleges a violation of this 1,159
chapter or any rule adopted under it, and that the records sought 1,161
are relevant to the alleged violation and material to the 1,162
investigation. Such THOSE records must cover a reasonable period 1,164
of time surrounding the alleged violation. Upon failure to 1,165
comply with any subpoena issued by the board and after reasonable 1,166
notice to the person being subpoenaed, the board may move for an 1,167
order compelling the production of persons or records pursuant to 1,168
the Rules of Civil Procedure. Each officer who serves such A 1,169
subpoena OF THAT NATURE shall receive the same fees as a sheriff, 1,172
28
and each witness who appears, in obedience to a subpoena, before 1,173
the board, shall receive the fees and mileage provided for 1,174
witnesses in civil cases in the courts of common pleas. 1,175
All hearings and investigations of the board shall be 1,177
considered civil actions for the purposes of section 2305.251 of 1,178
the Revised Code. 1,179
The board shall conduct all investigations and proceedings 1,181
in such a manner as to protect THAT PROTECTS patient 1,182
confidentiality. The board shall not make public names or other 1,184
identifying information about patients unless proper consent is 1,185
given or a waiver of the patient privilege exists under division 1,186
(B) of section 2317.02 of the Revised Code, except that no such 1,187
consent or waiver OF THAT NATURE is required if the board 1,188
possesses reliable and substantial evidence that no bona fide 1,190
physician-patient relationship exists. 1,191
(2) In the absence of fraud or bad faith, neither the 1,193
board nor any current or former member, agent, representative, or 1,194
employee of the board shall be held liable in damages to any 1,195
person as the result of any act, omission, proceeding, conduct, 1,196
or decision related to official duties undertaken or performed 1,198
pursuant to this chapter. If a current or former member, agent,
representative, or employee requests the state to defend against 1,200
any claim or action arising out of any act, omission, proceeding, 1,201
conduct, or decision related to the person's official duties, and 1,203
if the request is made in writing at a reasonable time before 1,205
trial, and IF the person requesting defense cooperates in good 1,206
faith in the defense of the claim or action, the state shall 1,207
provide and pay for such THE defense and shall pay any resulting 1,209
judgment, compromise, or settlement. At no time shall the state 1,210
pay that part of a claim or judgment that is for punitive or 1,212
exemplary damages.
(3) On a quarterly basis, the board shall prepare a report 1,214
that documents the disposition of all cases during the preceding 1,215
three months. The report shall contain the following information 1,216
29
for each case with which the board has completed its activities: 1,217
(a) The case number assigned to the complaint or alleged 1,219
violation pursuant to division (C)(1) of this section; 1,220
(b) The type of license or certificate to practice, if 1,222
any, held by the individual against whom the complaint is 1,223
directed; 1,224
(c) A description of the allegations contained in the 1,226
complaint; 1,227
(d) The disposition of the case. 1,229
The report shall state how many cases are still pending, 1,231
and shall be prepared in such a manner as to protect THAT 1,232
PROTECTS the identity of each person involved in each case. The 1,234
report shall be a public record under section 149.43 of the 1,235
Revised Code.
(D) If the secretary and supervising member determine that 1,237
there is clear and convincing evidence that a certificate holder 1,238
has violated division (B) of this section and that the 1,239
certificate holder's continued practice presents a danger of 1,240
immediate and serious harm to the public, they may recommend that 1,241
the board suspend the certificate holder's certificate without a 1,242
prior hearing. Written allegations shall be prepared for 1,243
consideration by the board members. 1,244
The board, upon review of those allegations and by a vote 1,246
of not fewer than six of its members, excluding the secretary and 1,247
supervising member, may suspend a certificate without a prior 1,248
hearing. A telephone conference call may be utilized for 1,249
reviewing the allegations and taking such a vote OF THAT NATURE. 1,250
The board shall issue a written order of suspension by 1,252
certified mail or in person in accordance with section 119.07 of 1,253
the Revised Code. Such THE order shall not be subject to 1,254
suspension by the court during pendency of any appeal filed under 1,256
section 119.12 of the Revised Code. If the certificate holder 1,257
requests an adjudicatory hearing by the board, the date set for 1,258
such THAT hearing shall be within fifteen days, but not earlier 1,259
30
than seven days, after the certificate holder has requested a 1,260
hearing, unless otherwise agreed to by both the board and the 1,261
certificate holder. 1,262
Any summary suspension imposed under this division shall 1,264
remain in effect, unless reversed on appeal, until a final 1,265
adjudicative order issued by the board pursuant to this section 1,266
and Chapter 119. of the Revised Code becomes effective. The 1,267
board shall issue its final adjudicative order within sixty days 1,268
after completion of its hearing. A failure to issue the order 1,269
within sixty days shall result in dissolution of the summary 1,270
suspension order, but shall not invalidate any subsequent, final 1,271
adjudicative order. 1,272
(E) If the board should take TAKES action under division 1,274
(B)(9), (11), or (13) of this section, and the conviction, 1,276
judicial finding of guilt, or guilty plea is overturned on 1,277
appeal, upon exhaustion of the criminal appeal, a petition for 1,278
reconsideration of the order may be filed with the board along 1,279
with appropriate court documents. Upon receipt of such A 1,280
petition OF THAT NATURE and supporting court documents, the board 1,282
shall reinstate the petitioner's certificate. The board may then 1,283
MAY hold an adjudication to determine whether the applicant or 1,284
certificate holder committed the act in question. Notice of AN 1,285
opportunity for A hearing shall be given in accordance with 1,287
Chapter 119. of the Revised Code. If the board finds, pursuant 1,288
to an adjudication held under this division, that the applicant 1,289
or certificate holder committed the act, or if no hearing is 1,290
requested, it THE BOARD may order any of the sanctions identified 1,292
under division (B) of this section. The board shall DOES NOT 1,293
have no jurisdiction under division (B)(10), (12), or (14) of 1,294
this section in cases where IF the trial court renders a final 1,295
judgment in the certificate holder's favor and that judgment is 1,296
based upon an adjudication on the merits. The board shall have 1,297
HAS jurisdiction under those divisions in cases where IF the 1,299
trial court issues an order of dismissal upon technical or 1,301
31
procedural grounds. 1,302
(F) The certificate or license issued to an individual 1,305
under this chapter and the individual's practice in this state 1,307
are automatically ARE suspended as of the date the individual 1,308
pleads guilty to, is found by a judge or jury to be guilty of, or 1,310
is subject to a judicial finding of eligibility for treatment in 1,311
lieu of conviction for either of the following: 1,312
(1) In this state, aggravated murder, murder, voluntary 1,314
manslaughter, felonious assault, kidnapping, rape, sexual 1,315
battery, gross sexual imposition, aggravated arson, aggravated 1,316
robbery, or aggravated burglary; 1,317
(2) In another jurisdiction, any criminal offense 1,319
substantially equivalent to those specified in division (F)(1) of 1,320
this section. 1,321
Continued practice after suspension of the individual's 1,323
certificate or license shall be considered practicing without a 1,325
certificate or license. The board shall notify the individual 1,326
subject to the suspension by certified mail or in person in
accordance with section 119.07 of the Revised Code. If an 1,327
individual whose certificate or license is suspended under this 1,328
division fails to make a timely request for an adjudicatory 1,329
hearing, the board shall enter a final order revoking the 1,330
certificate or license. 1,331
(G) In any instance in which IF the board is required by 1,333
Chapter 119. of the Revised Code to give notice of AN opportunity 1,335
for A hearing and IF the applicant or certificate holder does not 1,337
timely request a hearing in accordance with section 119.07 of the 1,338
Revised Code, the board is not required to hold a hearing, but 1,339
may adopt, by a vote of not fewer than six of its members, a 1,340
final order that contains the board's findings. In that final 1,341
order, the board may order any of the sanctions identified under 1,342
division (B) of this section. 1,343
(H) Any action taken by the board under division (B) of 1,345
this section resulting in a suspension from practice shall be 1,346
32
accompanied by a written statement of the conditions under which 1,347
the certificate holder may be reinstated to practice. The board 1,348
shall adopt rules governing conditions to be imposed for 1,349
reinstatement. Reinstatement of a certificate suspended pursuant 1,350
to division (B) of this section requires an affirmative vote of 1,351
not fewer than six members of the board. 1,352
(I) Notwithstanding any other provision of the Revised 1,354
Code, no surrender of a license or certificate issued under this 1,355
chapter shall be effective unless or until accepted by the board. 1,357
Reinstatement of a certificate surrendered to the board requires 1,358
an affirmative vote of not fewer than six members of the board. 1,359
Notwithstanding any other provision of the Revised Code, no 1,361
application for a license or certificate made under the 1,362
provisions of this chapter may be withdrawn without approval of 1,364
the board.
(J) Sanctions shall not be imposed under division (B)(28) 1,367
of this section against any person who waives deductibles and 1,368
copayments as follows:
(1) In compliance with the health benefit plan that 1,370
expressly allows such a practice OF THAT NATURE. Waiver of the 1,371
deductibles or copayments shall be made only with the full 1,373
knowledge and consent of the plan purchaser, payer, and 1,374
third-party administrator. Documentation of the consent shall be 1,375
made available to the board upon request.
(2) For professional services rendered to any other person 1,377
authorized to practice pursuant to this chapter, to the extent 1,379
allowed by this chapter and rules adopted by the board. 1,380
Sec. 4731.226. (A) AN INDIVIDUAL WHOM THE STATE MEDICAL 1,382
BOARD LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO 1,383
ENGAGE IN THE PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC 1,384
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY MAY 1,385
RENDER THE PROFESSIONAL SERVICES OF A DOCTOR OF MEDICINE AND 1,386
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 1,387
AND SURGERY WITHIN THIS STATE THROUGH A CORPORATION FORMED UNDER 1,388
33
DIVISION (B) OF SECTION 1701.03 OF THE REVISED CODE, A LIMITED 1,390
LIABILITY COMPANY FORMED UNDER CHAPTER 1705. OF THE REVISED CODE, 1,392
A PARTNERSHIP, OR A PROFESSIONAL ASSOCIATION FORMED UNDER CHAPTER 1,393
1785. OF THE REVISED CODE. THIS DIVISION DOES NOT PRECLUDE AN 1,394
INDIVIDUAL OF THAT NATURE FROM RENDERING PROFESSIONAL SERVICES AS 1,395
A DOCTOR OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 1,396
SURGERY, OR PODIATRIC MEDICINE AND SURGERY THROUGH ANOTHER FORM 1,397
OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A NONPROFIT 1,398
CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS 1,399
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER 1,400
OF THE REVISED CODE, OR RULES OF THE STATE MEDICAL BOARD ADOPTED 1,401
PURSUANT TO THIS CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 1,404
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 1,405
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 1,406
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 1,407
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 1,408
PRACTICE THEIR RESPECTIVE PROFESSIONS: 1,409
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY 1,411
UNDER CHAPTER 4725. REVISED CODE; 1,412
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 1,414
CHIROPRACTIC UNDER CHAPTER 4734. OF THE REVISED CODE; 1,415
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 1,417
PSYCHOLOGY UNDER CHAPTER 4732. OF THE REVISED CODE; 1,419
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 1,421
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 1,422
LICENSED PRACTICAL NURSES UNDER CHAPTER 4723. OF THE REVISED 1,424
CODE;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 1,427
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE AUTHORIZED 1,428
FOR THEIR RESPECTIVE PRACTICES UNDER THIS CHAPTER.
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 1,430
CODE OF ETHICS DESCRIBED IN DIVISION (B)(18) OF SECTION 4731.22 1,432
OF THE REVISED CODE, OR A PROVISION OF A RULE OF THE STATE 1,434
34
MEDICAL BOARD ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY OR 1,435
IMPLICITLY PURPORTS TO PROHIBIT A DOCTOR OF MEDICINE AND SURGERY, 1,436
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 1,437
SURGERY FROM ENGAGING IN THE DOCTOR'S AUTHORIZED PRACTICE IN 1,438
COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR 1,439
OTHERWISE LEGALLY AUTHORIZED TO ENGAGE IN THE PRACTICE OF 1,440
OPTOMETRY, CHIROPRACTIC, PSYCHOLOGY, OR NURSING, BUT WHO IS NOT 1,441
ALSO LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO
PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, 1,442
OR PODIATRIC MEDICINE AND SURGERY. 1,443
Sec. 4731.44. As used in this section, "supplier" means a 1,452
person who prepares or sells spectacles, eyeglasses, lenses, 1,453
contact lenses, or other vision correcting items, devices, or 1,454
procedures. 1,455
(A) A physician or surgeon DOCTOR OF MEDICINE AND SURGERY 1,457
OR OF OSTEOPATHIC MEDICINE AND SURGERY WHO IS licensed to 1,459
practice medicine or AND surgery OR OSTEOPATHIC MEDICINE AND 1,460
SURGERY in this state, on completion of a vision examination and 1,462
diagnosis, shall give each patient for whom he THE DOCTOR
prescribes any vision correcting item, device, or procedure, one 1,463
copy of the prescription, without additional charge to the 1,464
patient. This THE prescription shall include the following: 1,465
(1) The date of its issuance; 1,467
(2) Sufficient information to enable the patient to obtain 1,469
from the supplier of his THE PATIENT'S choice, the vision 1,470
correcting item, device, or procedure that has been prescribed. 1,472
(B) Any supplier who fills a prescription for contact 1,474
lenses furnished by a physician or surgeon DOCTOR OF MEDICINE AND 1,475
SURGERY OR A DOCTOR OF OSTEOPATHIC MEDICINE AND SURGERY under 1,476
this section or by an optometrist under section 4725.17 of the 1,479
Revised Code shall furnish the patient with written 1,480
recommendations to return to the prescribing physician, surgeon 1,481
DOCTOR or optometrist for evaluation of the contact lens fitting. 1,483
(C) Any supplier may advertise to inform the general 1,485
35
public of the price that he THE SUPPLIER charges for any vision 1,486
correcting item, device, or procedure. Any such AN advertisement 1,488
OF THAT NATURE shall indicate whether the price includes A 1,489
correcting item, device, or procedure. Any such AN advertisement 1,490
OF THAT NATURE shall indicate whether the price includes ONE OR 1,491
MORE OF THE FOLLOWING:
(1) An eye examination; 1,493
(2) In the case of lenses, single-vision or multifocal 1,495
lenses; 1,496
(3) In the case of contact lenses, hard or soft lenses. 1,498
The state medical board shall not adopt any rule that 1,500
restricts the right to advertise as permitted by this section. 1,501
Any municipal corporation code, ordinance, or regulation or 1,503
any township resolution that conflicts with a supplier's right to 1,504
advertise as permitted by this section, is superseded by this 1,505
section and is invalid. A municipal corporation code, ordinance, 1,506
or regulation or a township resolution conflicts with this 1,507
section if it restricts a supplier's right to advertise as 1,508
permitted by this section. 1,509
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of 1,518
the Revised Code: 1,519
(A)(1) "Clinical laboratory services" means either of the 1,521
following:
(a) Any examination of materials derived from the human 1,523
body for the purpose of providing information for the diagnosis, 1,524
prevention, or treatment of any disease or impairment or for the 1,525
assessment of health; 1,526
(b) Procedures to determine, measure, or otherwise 1,528
describe the presence or absence of various substances or 1,529
organisms in the body. 1,530
(2) "Clinical laboratory services" does not include the 1,532
mere collection or preparation of specimens. 1,533
(B) "Designated health services" means any of the 1,535
following: 1,536
36
(1) Clinical laboratory services; 1,538
(2) Home health care services; 1,540
(3) Outpatient prescription drugs. 1,542
(C) "Fair market value" means the value in arms-length 1,544
transactions, consistent with general market value and: 1,545
(1) With respect to rentals or leases, the value of rental 1,547
property for general commercial purposes, not taking into account 1,548
its intended use; 1,549
(2) With respect to a lease of space, not adjusted to 1,551
reflect the additional value the prospective lessee or lessor 1,552
would attribute to the proximity or convenience to the lessor if 1,553
the lessor is a potential source of referrals to the lessee. 1,554
(D) "Governmental health care program" means any program 1,557
providing health care benefits that is administered by the 1,558
federal government, this state, or a political subdivision of 1,559
this state, including the medicare program established under 1,560
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 1,561
U.S.C.A. 301, as amended, health care coverage for public 1,562
employees, health care benefits administered by the bureau of 1,563
workers' compensation, the medical assistance program established 1,564
under Chapter 5111. of the Revised Code, and disability 1,565
assistance medical assistance established under Chapter 5115. of 1,567
the Revised Code.
(E)(1) "Group practice" means a group of two or more 1,570
holders of certificates under this chapter legally organized as a 1,571
partnership, professional corporation or association, LIMITED 1,572
LIABILITY COMPANY, foundation, nonprofit corporation, faculty 1,573
practice plan, or similar group practice entity, including an 1,574
organization comprised of a nonprofit medical clinic that 1,575
contracts with a professional corporation or association of 1,576
physicians to provide medical services exclusively to patients of 1,577
the clinic in order to comply with section 1701.03 of the Revised 1,578
Code AND INCLUDING A CORPORATION, LIMITED LIABILITY COMPANY, 1,579
PARTNERSHIP, OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION 1,581
37
(B) OF SECTION 4731.226 OF THE REVISED CODE FORMED FOR THE 1,582
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES
OF OPTOMETRISTS WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE 1,583
LEGALLY AUTHORIZED TO PRACTICE OPTOMETRY, UNDER CHAPTER 4725. OF 1,584
THE REVISED CODE, OF CHIROPRACTORS WHO ARE LICENSED, 1,586
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO PRACTICE
CHIROPRACTIC, UNDER CHAPTER 4734. OF THE REVISED CODE, OF 1,588
PSYCHOLOGISTS WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE 1,589
LEGALLY AUTHORIZED TO PRACTICE PSYCHOLOGY UNDER CHAPTER 4732. OF 1,590
THE REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES WHO 1,591
ARE LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 1,592
PRACTICE NURSING UNDER CHAPTER 4723. OF THE REVISED CODE, AS A 1,593
REGISTERED OR LICENSED PRACTICAL NURSE, AND OF DOCTORS OF 1,595
MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR 1,596
PODIATRIC MEDICINE AND SURGERY WHO ARE LICENSED, CERTIFICATED, OR 1,597
OTHERWISE LEGALLY AUTHORIZED FOR THEIR RESPECTIVE PRACTICES UNDER 1,598
THIS CHAPTER, to which all of the following apply: 1,599
(a) Each physician who is a member of the group practice 1,601
provides substantially the full range of services that the 1,602
physician routinely provides, including medical care, 1,603
consultation, diagnosis, or treatment, through the joint use of 1,604
shared office space, facilities, equipment, and personnel;. 1,605
(b) Substantially all of the services of the physicians 1,607
who are members of the group are provided through the group and 1,608
are billed in the name of the group and amounts so received are 1,609
treated as receipts of the group;. 1,610
(c) The overhead expenses of and the income from the 1,612
practice are distributed in accordance with methods previously 1,613
determined by members of the group;. 1,614
(d) The group practice meets any other requirements that 1,616
the state medical board applies in rules adopted under section 1,617
4731.70 of the Revised Code. 1,618
(2) In the case of a faculty practice plan associated with 1,620
a hospital with a medical residency training program in which 1,621
38
physician members may provide a variety of specialty services and 1,622
provide professional services both within and outside the group, 1,623
as well as perform other tasks such as research, the criteria in 1,624
division (E)(1) of this section apply only with respect to 1,626
services rendered within the faculty practice plan. 1,627
(F) "Home health care services" and "immediate family" 1,630
have the SAME meanings given AS in THE rules adopted under 1,631
section 4731.70 of the Revised Code.
(G) "Hospital" has the same meaning as in section 3727.01 1,634
of the Revised Code.
(H) A "referral" includes both of the following: 1,636
(1) A request by a holder of a certificate under this 1,638
chapter for an item or service, including a request for a 1,639
consultation with another physician and any test or procedure 1,640
ordered by or to be performed by or under the supervision of the 1,641
other physician; 1,642
(2) A request for or establishment of a plan of care by a 1,644
certificate holder that includes the provision of designated 1,645
health services.
(I) "Third-party payer" has the same meaning as in section 1,648
3901.38 of the Revised Code.
Sec. 4732.17. (A) The state board of psychology may 1,657
refuse to issue a license to any applicant, may issue a 1,658
reprimand, or suspend or revoke the license of any licensed 1,659
psychologist or licensed school psychologist, on any of the 1,660
following grounds:
(A)(1) Conviction of a felony, or of any offense involving 1,662
moral turpitude, in a court of this or any other state or in a 1,663
federal court; 1,664
(B)(2) Using fraud or deceit in the procurement of the 1,666
license to practice psychology or school psychology or knowingly 1,667
assisting another in the procurement of such a license through 1,668
fraud or deceit; 1,669
(C)(3) Accepting commissions or rebates or other forms of 1,671
39
remuneration for referring persons to other professionals; 1,672
(D)(4) Willful, unauthorized communication of information 1,674
received in professional confidence; 1,675
(E)(5) Being negligent in the practice of psychology or 1,677
school psychology; 1,678
(F)(6) Using any controlled substance or alcoholic 1,680
beverage to an extent that such use impairs his THE PERSON'S 1,681
ability to perform the work of a psychologist or school 1,683
psychologist with safety to the public; 1,684
(G) Violating (7) SUBJECT TO SECTION 4732.28 OF THE 1,686
REVISED CODE, VIOLATING any rule of professional conduct 1,687
promulgated by the board; 1,688
(H)(8) Practicing in an area of psychology for which the 1,690
person is clearly untrained or incompetent; 1,691
(I)(9) An adjudication by a court, as provided in section 1,693
5122.301 of the Revised Code, that the person is incompetent for 1,694
the purpose of holding the license. Such person may have his THE 1,695
PERSON'S license issued or restored only upon determination by a 1,697
court that he THE PERSON is competent for the purpose of holding 1,698
the license and upon the decision by the board that such license 1,700
be issued or restored. The board may require an examination 1,701
prior to such issuance or restoration. 1,702
(J)(10) Waiving the payment of all or any part of a 1,704
deductible or copayment that a patient, pursuant to a health 1,706
insurance or health care policy, contract, or plan that covers 1,707
psychological services, would otherwise be required to pay if the 1,708
waiver is used as an enticement to a patient or group of patients 1,709
to receive health care services from that provider. 1,710
(K)(11) Advertising that he THE PERSON will waive the 1,713
payment of all or any part of a deductible or copayment that a 1,714
patient, pursuant to a health insurance or health care policy, 1,715
contract, or plan that covers psychological services, would 1,716
otherwise be required to pay. 1,717
(L)(12) Notwithstanding divisions (J)(A)(10) and (K)(11) 1,720
40
of this section, sanctions shall not be imposed against any 1,721
licensee who waives deductibles and copayments: 1,722
(1)(a) In compliance with the health benefit plan that 1,724
expressly allows such a practice. Waiver of the deductibles or 1,726
copays shall be made only with the full knowledge and consent of 1,727
the plan purchaser, payer, and third-party administrator. Such 1,728
consent shall be made available to the board upon request. 1,729
(2)(b) For professional services rendered to any other 1,731
person licensed pursuant to this chapter to the extent allowed by 1,732
this chapter and the rules of the board. 1,733
(M)(B) Before the board may deny, suspend, or revoke a 1,735
license under this section, or otherwise discipline the holder of 1,737
a license, written charges shall be filed with the board by the 1,738
secretary and a hearing shall be had thereon in accordance with 1,739
Chapter 119. of the Revised Code. 1,740
Sec. 4732.28. (A) AN INDIVIDUAL WHOM THE STATE BOARD OF 1,742
PSYCHOLOGY LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY 1,743
AUTHORIZES TO ENGAGE IN THE PRACTICE OF PSYCHOLOGY MAY RENDER THE 1,744
PROFESSIONAL SERVICES OF A PSYCHOLOGIST WITHIN THIS STATE THROUGH 1,746
A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1701.03 OF THE 1,747
REVISED CODE, A LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 1,748
1705. OF THE REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL 1,749
ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE REVISED CODE. THIS 1,751
DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM 1,752
RENDERING PROFESSIONAL SERVICES AS A PSYCHOLOGIST THROUGH ANOTHER 1,753
FORM OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A 1,754
NONPROFIT CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS 1,755
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER 1,757
OF THE REVISED CODE, OR RULES OF THE STATE BOARD OF PSYCHOLOGY 1,758
ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 1,761
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 1,762
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 1,763
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 1,764
41
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 1,765
PRACTICE THEIR RESPECTIVE PROFESSIONS: 1,766
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY 1,768
UNDER CHAPTER 4725. OF THE REVISED CODE; 1,769
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 1,771
CHIROPRACTIC UNDER CHAPTER 4734. OF THE REVISED CODE; 1,772
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 1,774
PSYCHOLOGY UNDER THIS CHAPTER; 1,775
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 1,777
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 1,778
LICENSED PRACTICAL NURSES UNDER CHAPTER 4723. OF THE REVISED 1,780
CODE;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 1,783
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE AUTHORIZED 1,784
FOR THEIR RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF THE REVISED 1,785
CODE. 1,786
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 1,789
CODE OF ETHICS APPLICABLE TO A PSYCHOLOGIST, OR A PROVISION OF A
RULE OF THE STATE BOARD OF PSYCHOLOGY ADOPTED PURSUANT TO THIS 1,790
CHAPTER, THAT EXPRESSLY OR IMPLICITLY PURPORTS TO PROHIBIT A 1,791
PSYCHOLOGIST FROM ENGAGING IN THE PRACTICE OF PSYCHOLOGY IN 1,792
COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR 1,793
OTHERWISE LEGALLY AUTHORIZED TO PRACTICE OPTOMETRY, CHIROPRACTIC, 1,794
NURSING, MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, 1,795
OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT ALSO LICENSED, 1,796
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE IN THE 1,797
PRACTICE OF PSYCHOLOGY. 1,798
Sec. 4734.03. The chiropractic examining board shall hold 1,807
its annual meeting in Ohio THIS STATE in September of each year 1,808
and SHALL HOLD other meetings at such THE times and places as the 1,810
THAT A majority of the board may direct DIRECTS. The board shall 1,811
keep a record of its proceedings and A register of all applicants 1,812
for license which LICENSURE TO PRACTICE CHIROPRACTIC. THE 1,813
register shall show whether the AN applicant FOR LICENSURE was 1,814
42
rejected or a license WAS granted A LICENSE. The books and 1,815
register of the board shall be prima-facie evidence of all 1,816
matters recorded therein IN THEM. The board shall have a common 1,817
seal and, shall formulate rules to govern its actions, and, 1,819
CONSISTENT WITH SECTION 4734.091 OF THE REVISED CODE, shall 1,820
establish ADOPT rules governing the practice of chiropractic as 1,822
defined in section 4734.09 of the Revised Code. The board shall 1,823
adopt rules under this chapter according to the procedure of
Chapter 119. of the Revised Code. 1,824
Sec. 4734.091. (A) AN INDIVIDUAL WHOM THE CHIROPRACTIC 1,826
EXAMINING BOARD LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY 1,827
AUTHORIZES TO ENGAGE IN THE PRACTICE OF CHIROPRACTIC MAY RENDER 1,828
THE PROFESSIONAL SERVICES OF A CHIROPRACTOR WITHIN THIS STATE 1,829
THROUGH A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1,830
1701.03 OF THE REVISED CODE, A LIMITED LIABILITY COMPANY FORMED
UNDER CHAPTER 1705. OF THE REVISED CODE, A PARTNERSHIP, OR A 1,831
PROFESSIONAL ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE 1,832
REVISED CODE. THIS DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF 1,833
THAT NATURE FROM RENDERING PROFESSIONAL SERVICES AS A
CHIROPRACTOR THROUGH ANOTHER FORM OF BUSINESS ENTITY, INCLUDING, 1,835
BUT NOT LIMITED TO, A NONPROFIT CORPORATION OR FOUNDATION, OR IN 1,836
ANOTHER MANNER THAT IS AUTHORIZED BY OR IN ACCORDANCE WITH THIS 1,837
CHAPTER, ANOTHER CHAPTER OF THE REVISED CODE, OR RULES OF THE
CHIROPRACTIC EXAMINING BOARD ADOPTED PURSUANT TO THIS CHAPTER. 1,838
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 1,840
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 1,841
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 1,842
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 1,843
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 1,845
PRACTICE THEIR RESPECTIVE PROFESSIONS:
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY, 1,847
UNDER CHAPTER 4725. OF THE REVISED CODE; 1,848
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 1,850
CHIROPRACTIC UNDER THIS CHAPTER; 1,851
43
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 1,853
PSYCHOLOGY UNDER CHAPTER 4732. OF THE REVISED CODE; 1,854
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 1,856
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 1,857
LICENSED PRACTICAL NURSES UNDER CHAPTER 4723. OF THE REVISED 1,859
CODE;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 1,862
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE AUTHORIZED 1,863
FOR THEIR RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF THE REVISED 1,864
CODE.
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 1,867
CODE OF ETHICS DESCRIBED IN DIVISION (A)(9) OF SECTION 4734.10 OF 1,868
THE REVISED CODE, OR A PROVISION OF A RULE OF THE CHIROPRACTIC 1,869
EXAMINING BOARD ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY
OR IMPLICITLY PURPORTS TO PROHIBIT AN INDIVIDUAL FROM ENGAGING IN 1,870
THE PRACTICE OF CHIROPRACTIC IN COMBINATION WITH A PERSON WHO IS 1,871
LICENSED, CERTIFICATED, OR OTHERWISE AUTHORIZED FOR THE PRACTICE 1,872
OF OPTOMETRY, PSYCHOLOGY, NURSING, MEDICINE AND SURGERY, 1,873
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 1,874
SURGERY BUT WHO IS NOT ALSO LICENSED, CERTIFICATED, OR OTHERWISE
LEGALLY AUTHORIZED TO ENGAGE IN THE PRACTICE OF CHIROPRACTIC. 1,875
Sec. 4734.10. (A) The chiropractic examining board may 1,884
refuse, revoke, or suspend for a limited period, the license of 1,885
any AN APPLICANT FOR LICENSURE TO PRACTICE CHIROPRACTIC OR OF A 1,886
LICENSED chiropractor for any of the following causes: 1,887
(1) His conviction CONVICTION of a felony or of a 1,889
misdemeanor involving moral turpitude, in either of which cases a 1,890
certified copy of the court record shall be conclusive evidence, 1,891
upon receipt of which the board shall revoke or suspend the 1,892
license of the person A CHIROPRACTOR so convicted; 1,893
(2) Any violation of this chapter; 1,895
(3) Fraud or deceit in procuring admission to practice; 1,897
(4) Habitually using drugs or intoxicants to the extent of 1,899
rendering him THE APPLICANT OR CHIROPRACTOR unfit for the 1,900
44
practice of chiropractic, or for gross immorality; 1,902
(5) Violation of any of the rules RULE adopted by the 1,904
board governing TO GOVERN the practice of chiropractic THAT IS 1,905
CONSISTENT WITH SECTION 4734.091 OF THE REVISED CODE; 1,906
(6) Being guilty of willful and gross malpractice, or 1,908
willful or gross neglect in the practice of chiropractic; 1,909
(7) Obtaining any fee by fraud or misrepresentation; 1,911
(8) Being guilty of false, fraudulent, or misleading 1,913
advertising or advertising the prices for which his CHIROPRACTIC 1,914
services are available; or having professional connection with 1,916
any person or any INDIVIDUAL, firm, or corporation who THAT 1,918
advertises contrary to DIVISION (A)(8) OF this section; 1,919
(9) The SUBJECT TO SECTION 4734.091 OF THE REVISED CODE, 1,921
THE violation of any provision of the code of ethics of the 1,923
American chiropractic association, and such other OR OF ANOTHER 1,924
national professional organizations as are ORGANIZATION AS 1,925
determined by rule, by OF the board. The board shall obtain and 1,927
keep on file current copies of the code CODES of ethics of the 1,928
national organizations. The practitioner A CHIROPRACTOR whose 1,929
certificate is being suspended or revoked shall not be found 1,931
guilty of the violation of TO HAVE VIOLATED a code of ethics of 1,932
an organization not appropriate to his THE CHIROPRACTOR'S 1,933
profession. 1,934
(10) His failure FAILURE of the licensing examination; 1,936
(11) Waiving the payment of all or any part of a 1,938
deductible or copayment that a patient, pursuant to a health 1,939
insurance or health care policy, contract, or plan that covers 1,940
the chiropractor's services, would otherwise WOULD be required to 1,941
pay if the waiver is used as an enticement to a patient or group 1,942
of patients to receive health care services from that provider.; 1,944
(12) Advertising that he THE CHIROPRACTOR will waive the 1,946
payment of all or any part of a deductible or copayment that a 1,948
patient, pursuant to a health insurance or health care policy, 1,949
contract, or plan that covers the chiropractor's services, would 1,950
45
otherwise WOULD be required to pay.
(B) For the purpose of investigation of possible 1,952
violations of this section, the board may administer oaths, order 1,953
the taking of depositions, issue subpoenas, and compel the 1,954
attendance of witnesses and the production of books, accounts, 1,955
papers, records, documents, and testimony. 1,956
(C) Notwithstanding divisions (A)(11) and (12) of this 1,958
section, sanctions shall not be imposed against any licensee who 1,959
waives deductibles and copayments AS FOLLOWS: 1,960
(1) In compliance with the health benefit plan that 1,962
expressly allows such a practice OF THAT NATURE. Waiver of the 1,964
deductibles or copays shall be made only with the full knowledge 1,967
and consent of the plan purchaser, payer, and third-party
administrator. Such DOCUMENTATION OF THE consent shall be made 1,968
available to the board upon request. 1,970
(2) For professional services rendered to any other person 1,972
licensed pursuant to this chapter to the extent allowed by this 1,973
chapter and the rules of the board. 1,974
Sec. 4734.17. No person shall practice chiropractic 1,983
without a certificate from the chiropractic examining board, 1,985
except a person to whom a current or original certificate to 1,987
practice chiropractic has been issued by the chiropractic
examining board under Chapter 4734. of the Revised Code THIS 1,988
CHAPTER. No person shall advertise or announce himself THE 1,990
PERSON as a chiropractor without a certificate from the 1,991
chiropractic examining board. No SUBJECT TO SECTION 4734.091 OF 1,992
THE REVISED CODE, NO person WHO IS not being a licensee shall 1,993
open or conduct an office or other place for such THE practice OF 1,994
CHIROPRACTIC without a certificate from the board. No SUBJECT TO 1,996
SECTION 4734.091 OF THE REVISED CODE, NO person shall conduct an 1,997
office in the name of some person who has a certificate to 1,998
practice chiropractic. No person shall practice chiropractic, 1,999
after a certificate has been revoked, or, if A CERTIFICATE HAS 2,000
BEEN suspended, during the time of such THE suspension. 2,001
46
A certificate THAT IS signed by the secretary to which is 2,003
OF THE BOARD AND THAT HAS affixed the official seal of the board 2,005
to the effect that it appears from the records of the board that 2,006
no such A certificate to practice chiropractic in the state has 2,007
NOT been issued to any such A PARTICULAR person specified 2,009
therein, or that a certificate, if issued, has been revoked or 2,011
suspended, shall be received as prima-facie evidence of the
record of such THE board in any court or before any officer of 2,013
the state. 2,014
Section 2. That existing sections 1701.03, 1705.03, 2,016
1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 1785.06, 2,017
1785.07, 1785.08, 4731.22, 4731.44, 4731.65, 4732.17, 4734.03, 2,018
4734.10, and 4734.17 of the Revised Code are hereby repealed. 2,019
Section 3. That Section 4 of Am. Sub. S.B. 191 of the 2,021
120th General Assembly is hereby repealed. 2,022
Section 4. Section 1785.01 of the Revised Code is 2,024
presented in this act as a composite of the section as amended by 2,025
both Am. H.B. 344 and Sub. H.B. 276 of the 119th General 2,026
Assembly, with the new language of neither of the acts shown in 2,027
capital letters. Section 4731.22 of the Revised Code is
presented in this act as a composite of the section as amended by 2,029
both Am. Sub. S.B. 154 and Am. Sub. S.B. 259 of the 121st General 2,030
Assembly, with the new language of neither of the acts shown in 2,031
capital letters. This is in recognition of the principle stated 2,033
in division (B) of section 1.52 of the Revised Code that such 2,034
amendments are to be harmonized where not substantively 2,035
irreconcilable and constitutes a legislative finding that such is 2,036
the resulting version in effect prior to the effective date of 2,037
this act.