As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 31 5
1997-1998 6
SENATORS SUHADOLNIK-WHITE-FURNEY-McLIN-GILLMOR-B. JOHNSON- 8
OELSLAGER-DRAKE-GAETH-RAY 9
11
A B I L L
To amend sections 1701.03, 1705.03, 1705.04, 13
1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 14
1785.06, 1785.07, 1785.08, 4731.22, 4731.44,
4731.65, 4732.17, 4734.03, 4734.10, and 4734.17, 15
to enact sections 4723.16, 4725.114, 4731.226, 16
4732.28, and 4734.091 of the Revised Code, and to
repeal Section 4 of Am. Sub. S.B. 191 of the 17
120th General Assembly to authorize optometrists, 18
chiropractors, psychologists, nurses, and doctors 19
of medicine and surgery, osteopathic medicine and 20
surgery, or podiatric medicine and surgery to 21
engage in their respective practices in a 22
combined form of a professional corporation, 23
limited liability company, partnership, or
professional association, to remove the 24
uncodified law prohibition against those types of 25
doctors practicing their professions by using 26
certain of the latter forms of business entities, 27
and to modify the criteria for disciplining
doctors for dividing fees. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 1701.03, 1705.03, 1705.04, 32
1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 1785.06, 1785.07, 33
1785.08, 4731.22, 4731.44, 4731.65, 4732.17, 4734.03, 4734.10, 34
and 4734.17 be amended and sections 4723.16, 4725.114, 4731.226, 35
2
4732.28, and 4734.091 of the Revised Code be enacted to read as 36
follows:
Sec. 1701.03. (A) A corporation may be formed under this 45
chapter for any purpose or combination of purposes for which 46
individuals lawfully may associate themselves, except that, if 47
the Revised Code contains special provisions pertaining to the 48
formation of any designated type of corporation other than a 49
professional association, as defined in section 1785.01 of the 50
Revised Code, a corporation of that type shall be formed in 51
accordance with the special provisions. 52
(B) On and after the effective date of this amendment JULY 54
1, 1994, a corporation may be formed under this chapter for the 55
purpose of carrying on the practice of any profession, including, 56
but not limited to, a corporation for the purpose of providing 57
public accounting or certified public accounting services, a 58
corporation for the erection, owning, and conducting of a 59
sanitarium for receiving and caring for patients, medical and 60
hygienic treatment of patients, and instruction of nurses in the 61
treatment of disease and in hygiene, and a corporation for the 62
purpose of providing architectural, landscape architectural, 63
professional engineering, or surveying services or any 64
combination of those types of services, AND A CORPORATION FOR THE 65
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, 66
AS DEFINED IN SECTION 1785.01 OF THE REVISED CODE, OF 67
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, 68
OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED
CODE, OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE 70
REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES 71
AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, AND OF
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 72
SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER 73
CHAPTER 4731. OF THE REVISED CODE. This chapter does not 74
restrict, limit, or otherwise affect the authority or 75
responsibilities of any agency, board, commission, department, 76
3
office, or other entity to license, register, and otherwise 77
regulate the professional conduct of individuals or organizations 78
of any kind rendering professional services, as defined in 79
section 1785.01 of the Revised Code, in this state or to regulate 80
the practice of any profession that is within the jurisdiction of 81
the agency, board, commission, department, office, or other 82
entity, notwithstanding that an individual is a director, 83
officer, employee, or other agent of a corporation formed under 84
this chapter and is rendering professional services or engaging 85
in the practice of a profession through a corporation formed 86
under this chapter or that the organization is a corporation 87
formed under this chapter. 88
(C) Nothing in division (A) or (B) of this section 90
precludes the organization of a professional association in 91
accordance with this chapter and Chapter 1785. of the Revised 92
Code or the formation of a limited liability company under 93
Chapter 1705. of the Revised Code with respect to a business, as 94
defined in section 1705.01 of the Revised Code. 95
(D) NO CORPORATION FORMED FOR THE PURPOSE OF PROVIDING A 99
COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED IN SECTION 100
1785.01 OF THE REVISED CODE, OF OPTOMETRISTS AUTHORIZED UNDER
CHAPTER 4725. OF THE REVISED CODE, OF CHIROPRACTORS AUTHORIZED 101
UNDER CHAPTER 4734. OF THE REVISED CODE, OF PSYCHOLOGISTS 102
AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED CODE, OF REGISTERED
OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER CHAPTER 4723. OF 103
THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND SURGERY, 104
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 105
SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE SHALL 106
DIRECTLY OR INDIRECTLY CONTROL THE PROFESSIONAL CLINICAL JUDGMENT 107
OF A LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED 108
OPTOMETRIST, CHIROPRACTOR, PSYCHOLOGIST, NURSE, OR DOCTOR OF 109
MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR 112
PODIATRIC MEDICINE AND SURGERY IN RENDERING CARE, TREATMENT, OR
PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT. 113
4
Sec. 1705.03. (A) A limited liability company may sue and 122
be sued.
(B) Unless otherwise provided in its articles of 124
organization, a limited liability company may take property of 125
any description or any interest in property of any description by 126
gift, devise, or bequest and may make donations for the public 127
welfare or for charitable, scientific, or educational purposes.
(C) In carrying out the purposes stated in its articles of 129
organization or operating agreement and subject to limitations 131
prescribed by law or in its articles of organization or its 132
operating agreement, a limited liability company may do all of
the following: 133
(1) Purchase or otherwise acquire, lease as lessee or 135
lessor, invest in, hold, use, encumber, sell, exchange, transfer, 136
and dispose of property of any description or any interest in 137
property of any description;
(2) Make contracts; 139
(3) Form or acquire the control of other domestic or 141
foreign limited liability companies; 142
(4) Be a shareholder, partner, member, associate, or 144
participant in other profit or nonprofit enterprises or ventures; 145
(5) Conduct its affairs in this state and elsewhere; 147
(6) Render IN THIS STATE AND ELSEWHERE a professional 149
service or, the kinds of professional services authorized under 151
Chapters 4703. and 4733. of the Revised Code in this state and 152
elsewhere, OR A COMBINATION OF THE PROFESSIONAL SERVICES OF
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, 153
OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED 154
CODE, OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE 156
REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES 157
AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, AND OF 159
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 160
SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER 161
CHAPTER 4731. OF THE REVISED CODE;
5
(7) Borrow money; 163
(8) Issue, sell, and pledge its notes, bonds, and other 165
evidences of indebtedness; 166
(9) Secure any of its obligations by mortgage, pledge, or 168
deed of trust of all or any of its property; 169
(10) Guarantee or secure obligations of any person; 171
(11) Do all things permitted by law and exercise all 173
authority within or incidental to the purposes stated in its 174
articles of organization.
(D) In addition to the authority conferred by division (C) 176
of this section and irrespective of the purposes stated in its 177
articles of organization or operating agreement but subject to 179
any limitations stated in those articles or its operating
agreement, a limited liability company may invest funds not 180
currently needed in its business in any securities if the 181
investment does not cause the company to acquire control of 182
another enterprise whose activities and operations are not 183
incidental to the purposes stated in the articles of organization
of the company. 184
(E)(1) No lack of authority or limitation upon the 186
authority of a limited liability company shall be asserted in any 187
action except as follows:
(a) By the state in an action by it against the company; 189
(b) By or on behalf of the company in an action against a 191
manager, an officer, or any member as a member; 192
(c) By a member as a member in an action against the 194
company, a manager, an officer, or any member as a member; 195
(d) In an action involving an alleged improper issue of a 197
membership interest in the company. 198
(2) Division (E)(1) of this section applies to any action 200
commenced in this state upon any contract made in this state by a 201
foreign limited liability company. 202
Sec. 1705.04. (A) Two or more persons, without regard to 211
residence, domicile, or state of organization, may form a limited 212
6
liability company. The entity COMPANY is formed when one or more 214
persons or their authorized representative signs and files with 215
the secretary of state articles of organization that set forth 216
all of the following: 217
(1) The name of the company; 219
(2) Except as provided in division (B) of this section, 221
the period of its duration, which may be perpetual; 222
(3) The address to which interested persons may direct 224
requests for copies of any operating agreement and any bylaws of 225
the company; 226
(4) Any other provisions that are from the operating 228
agreement or that are not inconsistent with applicable law and 229
that the members elect to set out in the articles for the 230
regulation of the affairs of the company. 231
(B) If the articles of organization do not set forth the 233
period of the duration of the limited liability company, its 234
duration shall be perpetual. 235
(C) If a limited liability company is formed under this 237
chapter for the purpose of rendering a professional service or, 238
the kinds of professional services authorized under Chapters 239
4703. and 4733. of the Revised Code, OR A COMBINATION OF THE 240
PROFESSIONAL SERVICES OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 241
4725. OF THE REVISED CODE, OF CHIROPRACTORS AUTHORIZED UNDER 242
CHAPTER 4734. OF THE REVISED CODE, OF PSYCHOLOGISTS AUTHORIZED 243
UNDER CHAPTER 4732. OF THE REVISED CODE, OF REGISTERED OR 244
LICENSED PRACTICAL NURSES AUTHORIZED UNDER CHAPTER 4723. OF THE 246
REVISED CODE, AND OF DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC 247
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY 248
AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE, the following 249
apply:
(1) Each member, employee, or other agent of the company 251
who renders a professional service in this state and, if the 252
management of the company is not reserved to its members, each 253
manager of the company who renders a professional service in this 254
7
state shall be licensed, CERTIFICATED, or otherwise legally 256
authorized to render in this state the same kind of professional 257
service or,; if applicable, the kinds of professional services 258
authorized under Chapters 4703. and 4733. of the Revised Code; 259
OR, IF APPLICABLE, ANY OF THE KINDS OF PROFESSIONAL SERVICES OF 260
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, 261
OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED 262
CODE, OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE 264
REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES 265
AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, OR OF DOCTORS 267
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR
PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF 268
THE REVISED CODE.
(2) Each member, employee, or other agent of the company 270
who renders a professional service in another state and, if the 271
management of the company is not reserved to its members, each 272
manager of the company who renders a professional service in 273
another state shall be licensed, CERTIFICATED, or otherwise 275
legally authorized to render that professional service in the 276
other state.
(D) Except for the provisions of this chapter pertaining 278
to the personal liability of members, employees, or other agents 279
of a limited liability company and, if the management of the 280
company is not reserved to its members, the personal liability of 281
managers of the company, this chapter does not restrict, limit, 282
or otherwise affect the authority or responsibilities of any 283
agency, board, commission, department, office, or other entity to 284
license, CERTIFICATE, register, and otherwise regulate the 285
professional conduct of individuals or organizations of any kind 287
rendering professional services in this state or to regulate the 288
practice of any profession that is within the jurisdiction of the 289
agency, board, commission, department, office, or other entity, 290
notwithstanding that the individual is a member or manager of a 291
limited liability company and is rendering the professional 292
8
services or engaging in the practice of the profession through 293
the limited liability company or that the organization is a 294
limited liability company. 295
(E) NO LIMITED LIABILITY COMPANY FORMED FOR THE PURPOSE OF 299
PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED
IN SECTION 1785.01 OF THE REVISED CODE, OF OPTOMETRISTS 300
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, OF 301
CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED CODE,
OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED 302
CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER 304
CHAPTER 4723. OF THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND 306
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 307
AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE 308
SHALL DIRECTLY OR INDIRECTLY CONTROL THE PROFESSIONAL CLINICAL 310
JUDGMENT OF A LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY 311
AUTHORIZED OPTOMETRIST, CHIROPRACTOR, PSYCHOLOGIST, NURSE, OR
DOCTOR OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, 314
OR PODIATRIC MEDICINE AND SURGERY IN RENDERING CARE, TREATMENT, 316
OR PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT. 317
Sec. 1705.53. Subject to any contrary provisions of the 327
Ohio Constitution, the laws of the state under which a foreign 328
limited liability company is organized govern its organization 329
and internal affairs and the liability of its members. A foreign 330
limited liability company may not be denied a certificate of 331
registration as a foreign limited liability company in this state 332
because of any difference between the laws of the state under
which it is organized and the laws of this state. However, a 333
foreign limited liability company that applies for registration 334
under this chapter to render a professional service in this 335
state, as a condition to obtaining and maintaining a certificate 336
of registration, shall comply with the requirements of division 337
(B)(C) of section 1705.04 of the Revised Code and, SHALL COMPLY 338
WITH THE REQUIREMENTS OF CHAPTERS 4703. AND 4733. OF THE REVISED 339
CODE if the kinds of professional services authorized under 340
9
Chapters 4703. and 4733. of the Revised Code THOSE CHAPTERS are 342
to be rendered, OR WITH the requirements of those chapters 343
CHAPTERS 4725., 4731., AND 4734. OF THE REVISED CODE IF A 344
COMBINATION OF THE PROFESSIONAL SERVICES OF OPTOMETRISTS
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, OF 346
CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED CODE, 347
OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED 349
CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER 350
CHAPTER 4723. OF THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND 352
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 353
AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE 354
ARE TO BE RENDERED.
Sec. 1785.01. As used in this chapter: 363
(A) "Professional service" means any type of professional 365
service which THAT may be performed only pursuant to a license, 366
certificate, or other legal authorization, as provided by 367
Chapters ISSUED PURSUANT TO CHAPTER 4701., 4703., 4705., 4715., 369
4723., 4725., 4729., 4731., 4732., 4733., 4734., and OR 4741., 370
and sections 4755.01 to 4755.12, and OR sections 4755.40 to 371
4755.53 of the Revised Code, to certified public accountants, 373
licensed public accountants, architects, attorneys, 374
chiropractors, dentists, pharmacists, optometrists, physicians 375
DOCTORS OF MEDICINE AND SURGERY, DOCTORS OF OSTEOPATHIC MEDICINE 376
AND SURGERY, DOCTORS OF PODIATRIC MEDICINE and surgeons SURGERY, 377
practitioners of limited branches of medicine or surgery as 378
defined in section 4731.15 of the Revised Code, psychologists, 379
professional engineers, veterinarians, physical therapists, and 380
registered nurses, and occupational therapists. 381
(B) "Professional association" means an association THAT 383
IS organized under this chapter, for the sole purpose of 384
rendering one of the professional services authorized under 385
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4731., 386
4732., 4733., 4734., or 4741. or, sections 4755.01 to 4755.12, or 387
sections 4755.40 to 4755.53 of the Revised Code, or a combination 388
10
of the professional services authorized under Chapters 4703. and 389
4733. of the Revised Code, OR A COMBINATION OF THE PROFESSIONAL 390
SERVICES OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. OF THE 391
REVISED CODE, OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF 392
THE REVISED CODE, OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. 394
OF THE REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES 395
AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, AND OF 397
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 398
SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER 399
CHAPTER 4731. OF THE REVISED CODE.
Sec. 1785.02. An individual or group of individuals each 408
of whom is licensed, CERTIFICATED, or otherwise legally 409
authorized to render WITHIN THIS STATE the same kind of 410
professional service within this state, or a group of individuals 412
each of whom is licensed, CERTIFICATED, or otherwise LEGALLY 413
authorized to render WITHIN THIS STATE the professional service 414
within this state authorized under either Chapter 4703. or 4733. 415
of the Revised Code, OR A GROUP OF INDIVIDUALS EACH OF WHOM IS 416
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO RENDER 417
WITHIN THIS STATE THE PROFESSIONAL SERVICE OF OPTOMETRISTS 418
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, THE 420
PROFESSIONAL SERVICE OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 421
4734. OF THE REVISED CODE, THE PROFESSIONAL SERVICE OF 422
PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED CODE, 423
THE PROFESSIONAL SERVICE OF REGISTERED OR LICENSED PRACTICAL 424
NURSES AUTHORIZED UNDER CHAPTER 4723. OF THE REVISED CODE, OR THE 425
PROFESSIONAL SERVICE OF DOCTORS OF MEDICINE AND SURGERY, 426
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 427
SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE may 429
organize and become a shareholder, or shareholders, of a
professional association. Any group of individuals described in 430
this section who may be rendering one of the professional 431
services as an organization created otherwise than pursuant to 432
this chapter may incorporate under and pursuant to this chapter 433
11
by amending the agreement establishing the organization in a 434
manner that the agreement as amended constitutes articles of 435
incorporation prepared and filed in the manner prescribed in 436
section 1785.08 of the Revised Code and by otherwise complying 437
with the applicable requirements of this chapter.
Sec. 1785.03. A professional association may render A 446
PARTICULAR professional service only through officers, employees, 447
and agents who are themselves duly licensed, CERTIFICATED, or 448
otherwise legally authorized to render THE professional service 449
within this state. The term "employee" as AS used in this 450
section, "EMPLOYEE" does not include clerks, bookkeepers, 452
technicians, or other individuals who are not usually and
ordinarily considered by custom and practice to be rendering A 453
PARTICULAR professional services SERVICE for which a license, 455
CERTIFICATE, or other legal authorization is required, nor AND 456
does the term "employee" NOT include any other person who 457
performs all his OF THAT PERSON'S employment under the direct 458
supervision and control of an officer, agent, or employee who is 459
himself rendering RENDERS A PARTICULAR professional service to 460
the public on behalf of the corporation PROFESSIONAL ASSOCIATION. 461
NO PROFESSIONAL ASSOCIATION FORMED FOR THE PURPOSE OF 465
PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED
IN SECTION 1785.01 OF THE REVISED CODE, OF OPTOMETRISTS 466
AUTHORIZED UNDER CHAPTER 4725. OF THE REVISED CODE, OF 467
CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. OF THE REVISED CODE,
OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. OF THE REVISED 468
CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER 469
CHAPTER 4723. OF THE REVISED CODE, AND OF DOCTORS OF MEDICINE AND 471
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 472
AND SURGERY AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE 473
SHALL DIRECTLY OR INDIRECTLY CONTROL THE PROFESSIONAL CLINICAL 474
JUDGMENT OF A LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY
AUTHORIZED OPTOMETRIST, CHIROPRACTOR, PSYCHOLOGIST, NURSE, OR 475
DOCTOR OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, 477
12
OR PODIATRIC MEDICINE AND SURGERY IN RENDERING CARE, TREATMENT, 478
OR PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT.
Sec. 1785.05. A professional association may issue its 487
capital stock only to persons who are duly licensed, 488
CERTIFICATED, or otherwise legally authorized to render WITHIN 489
THIS STATE the same professional service as that for which the 490
association was organized OR, IN THE CASE OF A COMBINATION OF 491
PROFESSIONAL SERVICES DESCRIBED IN DIVISION (B) OF SECTION 492
1785.01 OF THE REVISED CODE, TO RENDER WITHIN THIS STATE ANY OF
THE APPLICABLE TYPES OF PROFESSIONAL SERVICES FOR WHICH THE 493
ASSOCIATION WAS ORGANIZED.
Sec. 1785.06. A professional association shall, within 502
thirty days after the thirtieth day of June in each year, SHALL 503
furnish a statement to the secretary of state showing the names 504
and post-office addresses of all OF THE shareholders in the 505
corporation ASSOCIATION and shall certify CERTIFYING that all OF 507
THE shareholders are duly licensed, CERTIFICATED, or otherwise 509
legally authorized to render WITHIN THIS STATE THE SAME
professional service in this state FOR WHICH THE ASSOCIATION WAS 511
ORGANIZED OR, IN THE CASE OF A COMBINATION OF PROFESSIONAL 512
SERVICES DESCRIBED IN DIVISION (B) OF SECTION 1785.01 OF THE 513
REVISED CODE, TO RENDER WITHIN THIS STATE ANY OF THE APPLICABLE
TYPES OF PROFESSIONAL SERVICES FOR WHICH THE ASSOCIATION WAS 514
ORGANIZED. This report STATEMENT shall be made on such A form as 516
shall be prescribed by THAT the secretary of state SHALL 517
PRESCRIBE, shall be signed by an officer of the corporation 519
ASSOCIATION, and shall be filed in the office of the secretary of 521
state.
If any professional association fails to file the annual 523
report STATEMENT within the time required by this section, the 524
secretary of state shall give notice of the failure by certified 526
mail, RETURN RECEIPT REQUESTED, to the last known address of the 528
corporation ASSOCIATION or its agent and, if. IF the report 529
ANNUAL STATEMENT is not filed within thirty days after the 530
13
mailing of the notice, the secretary of state shall, upon the 531
expiration of that period, SHALL cancel the ASSOCIATION'S 532
articles of incorporation, give notice of the cancellation to the 534
corporation ASSOCIATION by mail SENT to the last known address of 536
the corporation ASSOCIATION or its agent, and make a notation of 537
the cancellation on his THE records OF THE SECRETARY OF STATE. 538
A professional association whose articles have been 540
canceled pursuant to this section may be reinstated by filing an 541
application for reinstatement, together with AND the required 542
annual report STATEMENT or reports STATEMENTS and by paying a 544
reinstatement fee of ten dollars. The rights, privileges, and 545
franchises of a professional association whose articles have been 546
reinstated are subject to section 1701.922 of the Revised Code. 547
The secretary of state shall inform the tax commissioner of all 548
cancellations and reinstatements under this section. 549
Sec. 1785.07. A shareholder of a professional association 558
may sell or transfer his THAT SHAREHOLDER'S shares in such THE 559
association only to another individual who is duly licensed, 561
CERTIFICATED, or otherwise legally authorized to render WITHIN 562
THIS STATE the same professional service as that for which the 563
corporation ASSOCIATION was organized OR, IN THE CASE OF A 564
COMBINATION OF PROFESSIONAL SERVICES DESCRIBED IN DIVISION (B) OF 565
SECTION 1785.01 OF THE REVISED CODE, TO RENDER IN THIS STATE ANY 566
OF THE APPLICABLE TYPES OF PROFESSIONAL SERVICES FOR WHICH THE
ASSOCIATION WAS ORGANIZED. 567
Sec. 1785.08. Chapter 1701. of the Revised Code applies to 576
professional associations, including their organization and the 577
manner of filing articles of incorporation, except that the 578
requirements of division (A) of section 1701.06 of the Revised 579
Code do not apply to professional associations. If any provision 580
of this chapter conflicts with any provision of Chapter 1701. of
the Revised Code, the provisions of this chapter shall take 581
precedence. A professional association for the practice of 582
medicine or AND surgery or, osteopathic medicine and surgery, OR 584
14
PODIATRIC MEDICINE AND SURGERY OR FOR THE COMBINED PRACTICE OF
OPTOMETRY, CHIROPRACTIC, PSYCHOLOGY, NURSING, MEDICINE AND 585
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 587
AND SURGERY may provide in the ITS articles of incorporation or 588
bylaws that its directors may have terms of office not exceeding 589
six years.
Sec. 4723.16. (A) AN INDIVIDUAL WHOM THE BOARD OF NURSING 592
LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO ENGAGE
IN THE PRACTICE OF NURSING AS A REGISTERED NURSE OR AS A LICENSED 593
PRACTICAL NURSE MAY RENDER THE PROFESSIONAL SERVICES OF A 594
REGISTERED OR LICENSED PRACTICAL NURSE WITHIN THIS STATE THROUGH 596
A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1701.03 OF THE 597
REVISED CODE, A LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 598
1705. OF THE REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL 599
ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE REVISED CODE. THIS 601
DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM 602
RENDERING PROFESSIONAL SERVICES AS A REGISTERED OR LICENSED 603
PRACTICAL NURSE THROUGH ANOTHER FORM OF BUSINESS ENTITY, 604
INCLUDING, BUT NOT LIMITED TO, A NONPROFIT CORPORATION OR 605
FOUNDATION, OR IN ANOTHER MANNER THAT IS AUTHORIZED BY OR IN 606
ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER OF THE REVISED 607
CODE, OR RULES OF THE BOARD OF NURSING ADOPTED PURSUANT TO THIS 608
CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 611
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 612
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 613
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 614
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 615
PRACTICE THEIR RESPECTIVE PROFESSIONS: 616
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY 618
UNDER CHAPTER 4725. OF THE REVISED CODE; 619
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 621
CHIROPRACTIC UNDER CHAPTER 4734. OF THE REVISED CODE; 622
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 624
15
PSYCHOLOGY UNDER CHAPTER 4732. OF THE REVISED CODE; 626
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 628
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 629
LICENSED PRACTICAL NURSES UNDER THIS CHAPTER; 630
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 633
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE LICENSED, 634
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED FOR THEIR
RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF THE REVISED CODE. 637
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 640
CODE OF ETHICS APPLICABLE TO A NURSE, OR A PROVISION OF A RULE OF
THE BOARD OF NURSING ADOPTED PURSUANT TO THIS CHAPTER, THAT 641
EXPRESSLY OR IMPLICITLY PURPORTS TO PROHIBIT A REGISTERED OR 642
LICENSED PRACTICAL NURSE FROM ENGAGING IN THE PRACTICE OF NURSING 643
AS A REGISTERED NURSE OR AS A LICENSED PRACTICAL NURSE IN 644
COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR 645
OTHERWISE LEGALLY AUTHORIZED TO PRACTICE OPTOMETRY, CHIROPRACTIC, 646
PSYCHOLOGY, MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 647
SURGERY, OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT ALSO 648
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE 649
IN THE PRACTICE OF NURSING AS A REGISTERED NURSE OR AS A LICENSED 650
PRACTICAL NURSE.
Sec. 4725.114. (A) AN INDIVIDUAL WHOM THE STATE BOARD OF 652
OPTOMETRY LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES 653
TO ENGAGE IN THE PRACTICE OF OPTOMETRY MAY RENDER THE 654
PROFESSIONAL SERVICES OF AN OPTOMETRIST WITHIN THIS STATE THROUGH 656
A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1701.03 OF THE 657
REVISED CODE, A LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 658
1705. OF THE REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL 659
ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE REVISED CODE. THIS 661
DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM 662
RENDERING PROFESSIONAL SERVICES AS AN OPTOMETRIST THROUGH ANOTHER 663
FORM OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A 664
NONPROFIT CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS 665
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER 667
16
OF THE REVISED CODE, OR RULES OF THE STATE BOARD OF OPTOMETRY 668
ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 671
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 672
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 673
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 674
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 675
PRACTICE THEIR RESPECTIVE PROFESSIONS: 676
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY 678
UNDER CHAPTER 4725. OF THE REVISED CODE; 679
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 681
CHIROPRACTIC UNDER CHAPTER 4734. OF THE REVISED CODE; 682
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 684
PSYCHOLOGY UNDER CHAPTER 4732. OF THE REVISED CODE; 685
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 687
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 688
LICENSED PRACTICAL NURSES UNDER CHAPTER 4723. OF THE REVISED 689
CODE;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 692
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE AUTHORIZED 693
FOR THEIR RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF THE REVISED 694
CODE. 695
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 698
CODE OF ETHICS APPLICABLE TO AN OPTOMETRIST, OR A PROVISION OF A
RULE OF THE STATE BOARD OF OPTOMETRY ADOPTED PURSUANT TO THIS 700
CHAPTER, THAT EXPRESSLY OR IMPLICITLY PURPORTS TO PROHIBIT AN 701
OPTOMETRIST FROM ENGAGING IN THE PRACTICE OF OPTOMETRY IN 702
COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR 703
OTHERWISE LEGALLY AUTHORIZED TO PRACTICE CHIROPRACTIC, 704
PSYCHOLOGY, NURSING, MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 705
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT 706
ALSO LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 707
ENGAGE IN THE PRACTICE OF OPTOMETRY. 708
Sec. 4731.22. (A) The state medical board, pursuant to an 717
17
adjudication under Chapter 119. of the Revised Code and by a vote 719
of not fewer than six of its members, may revoke or may refuse to 720
grant a certificate to a person found by the board to have 721
committed fraud in passing the examination or to have committed 722
fraud, misrepresentation, or deception in applying for or 723
securing any license or certificate issued by the board.
(B) The board, pursuant to an adjudication under Chapter 726
119. of the Revised Code and by a vote of not fewer than six 727
members, shall, to the extent permitted by law, limit, revoke, or 728
suspend a certificate, refuse to register or refuse to reinstate 729
an applicant, or reprimand or place on probation the holder of a 730
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate of 732
registration to be used by a person, group, or corporation when 733
the individual concerned is not actually directing the treatment 734
given; 735
(2) Failure to use reasonable care discrimination in the 737
administration of drugs, or failure to employ acceptable 738
scientific methods in the selection of drugs or other modalities 739
for treatment of disease; 740
(3) Selling, prescribing, giving away, or administering 742
drugs for other than legal and legitimate therapeutic purposes or 743
a plea of guilty to, or a judicial finding of guilt of, a 744
violation of any federal or state law regulating the possession, 745
distribution, or use of any drug; 746
(4) Willfully betraying a professional confidence or 748
engaging in the division of fees for referral of patients, or the 749
receiving of a thing of value in return for a specific referral 750
of a patient to utilize a particular service or business. For 751
purposes of this division, "willfully betraying a professional 752
confidence" does not include the making of a report of an 753
employee's use of a drug of abuse, or a report of a condition of 754
an employee other than one involving the use of a drug of abuse, 755
to the employer of the employee as described in division (B) of 756
18
section 2305.33 of the Revised Code, and nothing in this division 757
affects, or shall be construed as affecting, the immunity from 758
civil liability conferred by that section upon a physician who 759
makes either type of report in accordance with division (B) of 760
that section. As used in this division, "employee," "employer," 761
and "physician" have the same meanings as in section 2305.33 of 762
the Revised Code. 763
(5) Soliciting patients or publishing a false, fraudulent, 765
deceptive, or misleading statement. 766
As used in this division, "false, fraudulent, deceptive, or 768
misleading statement" means a statement that includes a 769
misrepresentation of fact, is likely to mislead or deceive 770
because of a failure to disclose material facts, is intended or 771
is likely to create false or unjustified expectations of 772
favorable results, or includes representations or implications 773
that in reasonable probability will cause an ordinarily prudent 774
person to misunderstand or be deceived. 775
(6) A departure from, or the failure to conform to, 777
minimal standards of care of similar practitioners under the same 778
or similar circumstances, whether or not actual injury to a 779
patient is established; 780
(7) Representing, with the purpose of obtaining 782
compensation or other advantage for self or for any other person, 784
that an incurable disease or injury, or other incurable
condition, can be permanently cured; 785
(8) The obtaining of, or attempting to obtain, money or 787
anything of value by fraudulent misrepresentations in the course 788
of practice; 789
(9) A plea of guilty to, or a judicial finding of guilt 791
of, a felony; 792
(10) Commission of an act that constitutes a felony in 794
this state regardless of the jurisdiction in which the act was 795
committed; 796
(11) A plea of guilty to, or a judicial finding of guilt 798
19
of, a misdemeanor committed in the course of practice; 799
(12) Commission of an act that constitutes a misdemeanor 801
in this state regardless of the jurisdiction in which the act was 802
committed, if the act was committed in the course of practice; 803
(13) A plea of guilty to, or a judicial finding of guilt 805
of, a misdemeanor involving moral turpitude; 806
(14) Commission of an act that constitutes a misdemeanor 808
in this state regardless of the jurisdiction in which the act was 809
committed, if the act involves moral turpitude; 810
(15) Violation of the conditions of limitation placed by 812
the board upon a certificate to practice or violation of the 813
conditions of limitation upon which a limited or temporary 814
registration or certificate to practice is issued; 815
(16) Failure to pay license renewal fees specified in this 817
chapter; 818
(17) Any ENGAGING IN THE division of fees or charges, or 820
any agreement or arrangement to share fees or charges, made by 822
any person licensed to practice medicine and surgery, osteopathic 823
medicine and surgery, or podiatry with any other person so 825
licensed, or with any person FOR REFERRAL OF PATIENTS, OR THE 826
RECEIVING OF A THING OF VALUE IN RETURN FOR A SPECIFIC REFERRAL 827
OF A PATIENT TO A PARTICULAR SERVICE OR BUSINESS; 828
(18)(a) The SUBJECT TO SECTION 4731.226 OF THE REVISED 830
CODE, THE violation of any provision of a code of ethics of the 832
American medical association, the American osteopathic
association, the American podiatric medical association, and OR 833
any other national professional organizations as are determined, 835
by rule, by the state medical board. The state medical board 836
shall obtain and keep on file current copies of the codes of 837
ethics of the various national professional organizations. The 838
practitioner whose certificate is being suspended or revoked 839
shall not be found to have violated any provision of a code of 840
ethics of an organization not appropriate to the practitioner's 841
profession. 842
20
(b) For purposes of this division, a "provision of a code 844
of ethics of a national professional organization" does not 845
include any provision of a code of ethics of a specified national 846
professional organization that would preclude the making of a 847
report by a physician of an employee's use of a drug of abuse, or 848
of a condition of an employee other than one involving the use of 849
a drug of abuse, to the employer of the employee as described in 850
division (B) of section 2305.33 of the Revised Code, and nothing 851
in this division affects, or shall be construed as affecting, the 852
immunity from civil liability conferred by that section upon a 853
physician who makes either type of report in accordance with 854
division (B) of that section. As used in this division, 855
"employee," "employer," and "physician" have the same meanings as 856
in section 2305.33 of the Revised Code. 857
(19) Inability to practice according to acceptable and 859
prevailing standards of care by reason of mental illness or 860
physical illness, including, but not limited to, physical 861
deterioration that adversely affects cognitive, motor, or 862
perceptive skills. In enforcing this division, the board, upon a 863
showing of a possible violation, may compel any individual 864
licensed or certified to practice by this chapter or who has 865
applied for licensure or certification pursuant to this chapter 866
to submit to a mental or physical examination, or both, as 867
required by and at the expense of the board. Failure of any 868
individual to submit to a mental or physical examination when 869
directed constitutes an admission of the allegations against the 870
individual unless the failure is due to circumstances beyond the 871
individual's control, and a default and final order may be 872
entered without the taking of testimony or presentation of 873
evidence. If the board finds a physician unable to practice 874
because of the reasons set forth in this division, the board 875
shall require the physician to submit to care, counseling, or 876
treatment by physicians approved or designated by the board, as a 877
condition for initial, continued, reinstated, or renewed 878
21
licensure to practice. An individual licensed by this chapter 879
affected under this division shall be afforded an opportunity to 880
demonstrate to the board that the individual can resume practice 881
in compliance with acceptable and prevailing standards under the 882
provisions of the individual's certificate. For the purpose of 884
this division, any individual licensed or certified to practice 885
by this chapter accepts the privilege of practicing in this 886
state, and, by so doing or by the making and filing of a
registration or application to practice in this state, shall be 887
deemed to have given consent to submit to a mental or physical 889
examination when directed to do so in writing by the board, and 890
to have waived all objections to the admissibility of testimony 891
or examination reports that constitute a privileged
communication. 892
(20) Except as provided in division (B)(27) of this 894
section and section 4731.225 of the Revised Code, AND SUBJECT TO 895
SECTION 4731.226 OF THE REVISED CODE, violating or attempting to 897
violate, directly or indirectly, or assisting in or abetting the 898
violation of, or conspiring to violate, any provisions of this 899
chapter or any rule promulgated by the board. This division does 900
not apply to a violation or attempted violation of, assisting in 901
or abetting the violation of, or a conspiracy to violate, any 902
provision of this chapter or any rule promulgated by the board 903
that would preclude the making of a report by a physician of an 904
employee's use of a drug of abuse, or of a condition of an 905
employee other than one involving the use of a drug of abuse, to 906
the employer of the employee as described in division (B) of 907
section 2305.33 of the Revised Code, and nothing in this division 908
affects, or shall be construed as affecting, the immunity from 909
civil liability conferred by that section upon a physician who 910
makes either type of report in accordance with division (B) of 911
that section. As used in this division, "employee," "employer," 912
and "physician" have the same meanings as in section 2305.33 of 913
the Revised Code.
22
(21) The violation of any abortion rule adopted by the 915
public health council pursuant to section 3701.341 of the Revised 916
Code; 917
(22) The limitation, revocation, or suspension by another 919
state of a license or certificate to practice issued by the 920
proper licensing authority of that state, the refusal to license, 921
register, or reinstate an applicant by that authority, the 922
imposition of probation by that authority, or the issuance of an 924
order of censure or other reprimand by that authority for any 925
reason, other than nonpayment of fees; 926
(23) The violation of section 2919.12 of the Revised Code 928
or the performance or inducement of an abortion upon a pregnant 929
woman with actual knowledge that the conditions specified in 930
division (B) of section 2317.56 of the Revised Code have not been 931
satisfied or with a heedless indifference as to whether those 932
conditions have been satisfied, unless an affirmative defense as 933
specified in division (H)(2) of that section would apply in a 934
civil action authorized by division (H)(1) of that section; 935
(24) The revocation, suspension, restriction, reduction, 937
or termination of clinical privileges by the department of 938
defense, or the veterans administration of the United States, for 939
any act or acts that would also WOULD constitute a violation of 940
this chapter; 942
(25) Termination or suspension from medicare or medicaid 944
programs by the department of health and human services or other 945
responsible agency for any act or acts that would also WOULD 946
constitute a violation of division (B)(2), (3), (6), (8), or (19) 948
of this section; 949
(26) Impairment of ability to practice according to 951
acceptable and prevailing standards of care because of habitual 952
or excessive use or abuse of drugs, alcohol, or other substances 953
that impair ability to practice. 954
For the purposes of this division, any individual licensed 956
or certified under this chapter accepts the privilege of 957
23
practicing in this state subject to supervision by the board. By 958
filing a registration or application for licensure or by holding 959
a license or certificate under this chapter, an individual shall 960
be deemed to have given consent to submit to a mental or physical 962
examination when ordered to do so by the board in writing, and to 963
have waived all objections to the admissibility of testimony or 964
examination reports that constitute privileged communications. 965
If it has reason to believe that any individual licensed or 967
certified under this chapter or any applicant for a license or 968
certification suffers such impairment, the board may compel the 969
individual to submit to a mental or physical examination, or 970
both. The examination shall be at the expense of the board. Any 971
mental or physical examination required under this division shall 972
be undertaken by a treatment provider or physician WHO IS 973
qualified to conduct such THE examination and WHO IS chosen by 974
the board. 975
Failure of the individual to submit to a mental or physical 977
examination ordered by the board constitutes an admission of the 978
allegations against the individual unless the failure is due to 979
circumstances beyond the individual's control, and a default and 980
final order may be entered without the taking of testimony or 981
presentation of evidence. If the board determines that the 982
individual's ability to practice is impaired, the board shall 983
suspend the individual's certificate or deny the individual's 985
application and shall require the individual, as a condition for 986
initial, continued, reinstated, or renewed licensure to practice, 987
to submit to treatment. 988
Before being eligible to apply for reinstatement of a 990
license suspended under this division, the practitioner shall 991
demonstrate to the board that the practitioner can resume 992
practice in compliance with acceptable and prevailing standards 993
of care under the provisions of the practitioner's certificate. 994
Such THE demonstration shall include, but shall not be limited 996
to, the following:
24
(a) Certification from a treatment provider approved under 998
section 4731.25 of the Revised Code that the practitioner has 999
successfully completed any required inpatient treatment; 1,000
(b) Evidence of continuing full compliance with an 1,002
aftercare contract or consent agreement; 1,003
(c) Two written reports indicating that the individual's 1,005
ability to practice has been assessed and that the individual has 1,006
been found capable of practicing according to acceptable and 1,007
prevailing standards of care. The reports shall be made by 1,008
individuals or providers approved by the board for making such 1,009
THE assessments and shall describe the basis for this 1,011
determination.
The board may reinstate a license suspended under this 1,013
division after such THAT demonstration and after the individual 1,014
has entered into a written consent agreement. 1,016
When the impaired practitioner resumes practice after 1,018
reinstatement of the practitioner's license, the board shall 1,019
require continued monitoring of the practitioner, which shall 1,021
include, but not be limited to, compliance with the written 1,022
consent agreement entered into before reinstatement or with 1,023
conditions imposed by board order after a hearing, and, upon 1,024
termination of the consent agreement, submission to the board for 1,025
at least two years of annual written progress reports made under 1,026
penalty of perjury stating whether the practitioner has 1,027
maintained sobriety. 1,028
(27) A second or subsequent violation of section 4731.66 1,030
or 4731.69 of the Revised Code; 1,031
(28) Except as provided in division (J) of this section: 1,033
(a) Waiving the payment of all or any part of a deductible 1,036
or copayment that a patient, pursuant to a health insurance or 1,037
health care policy, contract, or plan that covers the 1,038
practitioner's services, would otherwise WOULD be required to pay 1,039
if the waiver is used as an enticement to a patient or group of 1,040
patients to receive health care services from that provider; 1,041
25
(b) Advertising that the practitioner will waive the 1,043
payment of all or any part of a deductible or copayment that a 1,045
patient, pursuant to a health insurance or health care policy, 1,046
contract, or plan that covers the practitioner's services, would 1,047
otherwise WOULD be required to pay;. 1,049
(29) Failure to use universal blood and body fluid 1,051
precautions established by rules adopted under section 4731.051 1,052
of the Revised Code; 1,053
(30) Failure of a collaborating physician to perform the 1,056
responsibilities agreed to by the physician in the protocol 1,057
established between the physician and an advanced practice nurse 1,058
in accordance with section 4723.56 of the Revised Code; 1,059
(31) Failure to provide notice to, and receive 1,061
acknowledgment of the notice from, a patient when required by 1,063
section 4731.143 of the Revised Code prior to providing 1,064
nonemergency professional services, or failure to maintain that 1,065
notice in the patient's file;
(32) Failure of a physician supervising a physician 1,067
assistant to maintain supervision in accordance with the 1,068
requirements of Chapter 4730. of the Revised Code and the rules 1,069
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 1,071
standard care arrangement with a clinical nurse specialist, 1,072
certified nurse-midwife, or certified nurse practitioner with 1,073
whom the physician or podiatrist is in collaboration pursuant to 1,074
section 4731.27 of the Revised Code and TO practice in accordance 1,075
with the arrangement.
For purposes of divisions (B)(10), (12), and (14) of this 1,077
section, the commission of the act may be established by a 1,078
finding by the board, pursuant to an adjudication under Chapter 1,080
119. of the Revised Code, that the applicant or certificate 1,081
holder committed the act in question. The board shall DOES NOT 1,082
have no jurisdiction under these THOSE divisions in cases where 1,083
IF the trial court renders a final judgment in the certificate 1,084
26
holder's favor and that judgment is based upon an adjudication on 1,085
the merits. The board shall have HAS jurisdiction under these 1,087
THOSE divisions in cases where IF the trial court issues an order 1,088
of dismissal upon technical or procedural grounds. 1,089
The sealing of conviction records shall have no effect upon 1,091
a prior board order entered under the provisions of this section 1,092
or upon the board's jurisdiction to take action under the 1,093
provisions of this section if a notice of AN opportunity for A 1,095
hearing has been issued based upon A conviction, a plea of 1,096
guilty, or a judicial finding of guilt prior to such THE court 1,097
order.
(C)(1) The board shall investigate evidence that appears 1,099
to show that any person has violated any provision of this 1,100
chapter or any rule adopted under it. Any person may report to 1,101
the board in a signed writing any information that the person may 1,104
have that appears to show a violation of any provision of this 1,105
chapter or any rule adopted under it. In the absence of bad 1,107
faith, any person who reports such information OF THAT NATURE or 1,108
who testifies before the board in any adjudication hearing 1,110
conducted under Chapter 119. of the Revised Code shall not be 1,111
liable for civil IN damages IN A CIVIL ACTION as a result of the 1,113
report or testimony.
Each complaint or allegation of a violation received by the 1,115
board shall be assigned a case number and shall be recorded by 1,116
the board. Information received by the board pursuant to an 1,117
investigation shall be confidential and not subject to discovery 1,118
in any civil action. 1,119
Investigations of alleged violations of this chapter or any 1,121
rule adopted under it shall be supervised by the supervising 1,123
member elected by the board in accordance with section 4731.02 of 1,124
the Revised Code and by the secretary as provided in section 1,125
4731.39 of the Revised Code. The president may designate another 1,126
member of the board to supervise the investigation in place of 1,127
the supervising member. No member of the board who supervises 1,128
27
the investigation of a case shall participate in further 1,129
adjudication of the case.
For the purpose of investigation of a possible violation of 1,131
division (B)(3), (8), (9), (11), or (15) of this section, the 1,132
board may administer oaths, order the taking of depositions, 1,133
issue subpoenas, and compel the attendance of witnesses and 1,134
production of books, accounts, papers, records, documents, and 1,135
testimony. 1,136
In investigating possible violations of all remaining 1,138
divisions of this section and sections of this chapter or any 1,139
rule adopted under this chapter, the board also may administer 1,141
oaths, order the taking of depositions, issue subpoenas, and 1,142
compel the attendance of witnesses and production of books, 1,143
accounts, papers, records, documents, and testimony. However, in 1,144
such THOSE instances, other than for patient records provided to 1,145
the board pursuant to the reporting provisions of division (A) of 1,146
section 4731.224 of the Revised Code, a subpoena for patient 1,147
record information shall not be issued without consultation with 1,148
the attorney general's office and approval of the secretary of 1,149
the board, the supervising member, and a member of the board who 1,150
holds a certificate issued under this chapter authorizing the 1,151
practice of medicine and surgery, osteopathic medicine and 1,153
surgery, or podiatry PODIATRIC MEDICINE AND SURGERY. Before 1,155
issuance of such A subpoena OF THAT NATURE, the three board 1,157
members shall determine whether there is probable cause to 1,159
believe that the complaint filed alleges a violation of this 1,160
chapter or any rule adopted under it, and that the records sought 1,162
are relevant to the alleged violation and material to the 1,163
investigation. Such THOSE records must cover a reasonable period 1,165
of time surrounding the alleged violation. Upon failure to 1,166
comply with any subpoena issued by the board and after reasonable 1,167
notice to the person being subpoenaed, the board may move for an 1,168
order compelling the production of persons or records pursuant to 1,169
the Rules of Civil Procedure. Each officer who serves such A 1,170
28
subpoena OF THAT NATURE shall receive the same fees as a sheriff, 1,173
and each witness who appears, in obedience to a subpoena, before 1,174
the board, shall receive the fees and mileage provided for 1,175
witnesses in civil cases in the courts of common pleas. 1,176
All hearings and investigations of the board shall be 1,178
considered civil actions for the purposes of section 2305.251 of 1,179
the Revised Code. 1,180
The board shall conduct all investigations and proceedings 1,182
in such a manner as to protect THAT PROTECTS patient 1,183
confidentiality. The board shall not make public names or other 1,185
identifying information about patients unless proper consent is 1,186
given or a waiver of the patient privilege exists under division 1,187
(B) of section 2317.02 of the Revised Code, except that no such 1,188
consent or waiver OF THAT NATURE is required if the board 1,189
possesses reliable and substantial evidence that no bona fide 1,191
physician-patient relationship exists. 1,192
(2) In the absence of fraud or bad faith, neither the 1,194
board nor any current or former member, agent, representative, or 1,195
employee of the board shall be held liable in damages to any 1,196
person as the result of any act, omission, proceeding, conduct, 1,197
or decision related to official duties undertaken or performed 1,199
pursuant to this chapter. If a current or former member, agent,
representative, or employee requests the state to defend against 1,201
any claim or action arising out of any act, omission, proceeding, 1,202
conduct, or decision related to the person's official duties, and 1,204
if the request is made in writing at a reasonable time before 1,206
trial, and IF the person requesting defense cooperates in good 1,207
faith in the defense of the claim or action, the state shall 1,208
provide and pay for such THE defense and shall pay any resulting 1,210
judgment, compromise, or settlement. At no time shall the state 1,211
pay that part of a claim or judgment that is for punitive or 1,213
exemplary damages.
(3) On a quarterly basis, the board shall prepare a report 1,215
that documents the disposition of all cases during the preceding 1,216
29
three months. The report shall contain the following information 1,217
for each case with which the board has completed its activities: 1,218
(a) The case number assigned to the complaint or alleged 1,220
violation pursuant to division (C)(1) of this section; 1,221
(b) The type of license or certificate to practice, if 1,223
any, held by the individual against whom the complaint is 1,224
directed; 1,225
(c) A description of the allegations contained in the 1,227
complaint; 1,228
(d) The disposition of the case. 1,230
The report shall state how many cases are still pending, 1,232
and shall be prepared in such a manner as to protect THAT 1,233
PROTECTS the identity of each person involved in each case. The 1,235
report shall be a public record under section 149.43 of the 1,236
Revised Code.
(D) If the secretary and supervising member determine that 1,238
there is clear and convincing evidence that a certificate holder 1,239
has violated division (B) of this section and that the 1,240
certificate holder's continued practice presents a danger of 1,241
immediate and serious harm to the public, they may recommend that 1,242
the board suspend the certificate holder's certificate without a 1,243
prior hearing. Written allegations shall be prepared for 1,244
consideration by the board members. 1,245
The board, upon review of those allegations and by a vote 1,247
of not fewer than six of its members, excluding the secretary and 1,248
supervising member, may suspend a certificate without a prior 1,249
hearing. A telephone conference call may be utilized for 1,250
reviewing the allegations and taking such a vote OF THAT NATURE. 1,251
The board shall issue a written order of suspension by 1,253
certified mail or in person in accordance with section 119.07 of 1,254
the Revised Code. Such THE order shall not be subject to 1,255
suspension by the court during pendency of any appeal filed under 1,257
section 119.12 of the Revised Code. If the certificate holder 1,258
requests an adjudicatory hearing by the board, the date set for 1,259
30
such THAT hearing shall be within fifteen days, but not earlier 1,260
than seven days, after the certificate holder has requested a 1,261
hearing, unless otherwise agreed to by both the board and the 1,262
certificate holder. 1,263
Any summary suspension imposed under this division shall 1,265
remain in effect, unless reversed on appeal, until a final 1,266
adjudicative order issued by the board pursuant to this section 1,267
and Chapter 119. of the Revised Code becomes effective. The 1,268
board shall issue its final adjudicative order within sixty days 1,269
after completion of its hearing. A failure to issue the order 1,270
within sixty days shall result in dissolution of the summary 1,271
suspension order, but shall not invalidate any subsequent, final 1,272
adjudicative order. 1,273
(E) If the board should take TAKES action under division 1,275
(B)(9), (11), or (13) of this section, and the conviction, 1,277
judicial finding of guilt, or guilty plea is overturned on 1,278
appeal, upon exhaustion of the criminal appeal, a petition for 1,279
reconsideration of the order may be filed with the board along 1,280
with appropriate court documents. Upon receipt of such A 1,281
petition OF THAT NATURE and supporting court documents, the board 1,283
shall reinstate the petitioner's certificate. The board may then 1,284
MAY hold an adjudication to determine whether the applicant or 1,285
certificate holder committed the act in question. Notice of AN 1,286
opportunity for A hearing shall be given in accordance with 1,288
Chapter 119. of the Revised Code. If the board finds, pursuant 1,289
to an adjudication held under this division, that the applicant 1,290
or certificate holder committed the act, or if no hearing is 1,291
requested, it THE BOARD may order any of the sanctions identified 1,293
under division (B) of this section. The board shall DOES NOT 1,294
have no jurisdiction under division (B)(10), (12), or (14) of 1,295
this section in cases where IF the trial court renders a final 1,296
judgment in the certificate holder's favor and that judgment is 1,297
based upon an adjudication on the merits. The board shall have 1,298
HAS jurisdiction under those divisions in cases where IF the 1,300
31
trial court issues an order of dismissal upon technical or 1,302
procedural grounds. 1,303
(F) The certificate or license issued to an individual 1,306
under this chapter and the individual's practice in this state 1,308
are automatically ARE suspended as of the date the individual 1,309
pleads guilty to, is found by a judge or jury to be guilty of, or 1,311
is subject to a judicial finding of eligibility for treatment in 1,312
lieu of conviction for either of the following: 1,313
(1) In this state, aggravated murder, murder, voluntary 1,315
manslaughter, felonious assault, kidnapping, rape, sexual 1,316
battery, gross sexual imposition, aggravated arson, aggravated 1,317
robbery, or aggravated burglary; 1,318
(2) In another jurisdiction, any criminal offense 1,320
substantially equivalent to those specified in division (F)(1) of 1,321
this section. 1,322
Continued practice after suspension of the individual's 1,324
certificate or license shall be considered practicing without a 1,326
certificate or license. The board shall notify the individual 1,327
subject to the suspension by certified mail or in person in
accordance with section 119.07 of the Revised Code. If an 1,328
individual whose certificate or license is suspended under this 1,329
division fails to make a timely request for an adjudicatory 1,330
hearing, the board shall enter a final order revoking the 1,331
certificate or license. 1,332
(G) In any instance in which IF the board is required by 1,334
Chapter 119. of the Revised Code to give notice of AN opportunity 1,336
for A hearing and IF the applicant or certificate holder does not 1,338
timely request a hearing in accordance with section 119.07 of the 1,339
Revised Code, the board is not required to hold a hearing, but 1,340
may adopt, by a vote of not fewer than six of its members, a 1,341
final order that contains the board's findings. In that final 1,342
order, the board may order any of the sanctions identified under 1,343
division (B) of this section. 1,344
(H) Any action taken by the board under division (B) of 1,346
32
this section resulting in a suspension from practice shall be 1,347
accompanied by a written statement of the conditions under which 1,348
the certificate holder may be reinstated to practice. The board 1,349
shall adopt rules governing conditions to be imposed for 1,350
reinstatement. Reinstatement of a certificate suspended pursuant 1,351
to division (B) of this section requires an affirmative vote of 1,352
not fewer than six members of the board. 1,353
(I) Notwithstanding any other provision of the Revised 1,355
Code, no surrender of a license or certificate issued under this 1,356
chapter shall be effective unless or until accepted by the board. 1,358
Reinstatement of a certificate surrendered to the board requires 1,359
an affirmative vote of not fewer than six members of the board. 1,360
Notwithstanding any other provision of the Revised Code, no 1,362
application for a license or certificate made under the 1,363
provisions of this chapter may be withdrawn without approval of 1,365
the board.
(J) Sanctions shall not be imposed under division (B)(28) 1,368
of this section against any person who waives deductibles and 1,369
copayments as follows:
(1) In compliance with the health benefit plan that 1,371
expressly allows such a practice OF THAT NATURE. Waiver of the 1,372
deductibles or copayments shall be made only with the full 1,374
knowledge and consent of the plan purchaser, payer, and 1,375
third-party administrator. Documentation of the consent shall be 1,376
made available to the board upon request.
(2) For professional services rendered to any other person 1,378
authorized to practice pursuant to this chapter, to the extent 1,380
allowed by this chapter and rules adopted by the board. 1,381
Sec. 4731.226. (A) AN INDIVIDUAL WHOM THE STATE MEDICAL 1,383
BOARD LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO 1,384
ENGAGE IN THE PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC 1,385
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY MAY 1,386
RENDER THE PROFESSIONAL SERVICES OF A DOCTOR OF MEDICINE AND 1,387
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE 1,388
33
AND SURGERY WITHIN THIS STATE THROUGH A CORPORATION FORMED UNDER 1,389
DIVISION (B) OF SECTION 1701.03 OF THE REVISED CODE, A LIMITED 1,391
LIABILITY COMPANY FORMED UNDER CHAPTER 1705. OF THE REVISED CODE, 1,393
A PARTNERSHIP, OR A PROFESSIONAL ASSOCIATION FORMED UNDER CHAPTER 1,394
1785. OF THE REVISED CODE. THIS DIVISION DOES NOT PRECLUDE AN 1,395
INDIVIDUAL OF THAT NATURE FROM RENDERING PROFESSIONAL SERVICES AS 1,396
A DOCTOR OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 1,397
SURGERY, OR PODIATRIC MEDICINE AND SURGERY THROUGH ANOTHER FORM 1,398
OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A NONPROFIT 1,399
CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS 1,400
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER 1,401
OF THE REVISED CODE, OR RULES OF THE STATE MEDICAL BOARD ADOPTED 1,402
PURSUANT TO THIS CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 1,405
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 1,406
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 1,407
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 1,408
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 1,409
PRACTICE THEIR RESPECTIVE PROFESSIONS: 1,410
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY 1,412
UNDER CHAPTER 4725. REVISED CODE; 1,413
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 1,415
CHIROPRACTIC UNDER CHAPTER 4734. OF THE REVISED CODE; 1,416
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 1,418
PSYCHOLOGY UNDER CHAPTER 4732. OF THE REVISED CODE; 1,420
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 1,422
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 1,423
LICENSED PRACTICAL NURSES UNDER CHAPTER 4723. OF THE REVISED 1,425
CODE;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 1,428
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE AUTHORIZED 1,429
FOR THEIR RESPECTIVE PRACTICES UNDER THIS CHAPTER.
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 1,431
CODE OF ETHICS DESCRIBED IN DIVISION (B)(18) OF SECTION 4731.22 1,433
34
OF THE REVISED CODE, OR A PROVISION OF A RULE OF THE STATE 1,435
MEDICAL BOARD ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY OR 1,436
IMPLICITLY PURPORTS TO PROHIBIT A DOCTOR OF MEDICINE AND SURGERY, 1,437
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 1,438
SURGERY FROM ENGAGING IN THE DOCTOR'S AUTHORIZED PRACTICE IN 1,439
COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR 1,440
OTHERWISE LEGALLY AUTHORIZED TO ENGAGE IN THE PRACTICE OF 1,441
OPTOMETRY, CHIROPRACTIC, PSYCHOLOGY, OR NURSING, BUT WHO IS NOT 1,442
ALSO LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO
PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, 1,443
OR PODIATRIC MEDICINE AND SURGERY. 1,444
Sec. 4731.44. As used in this section, "supplier" means a 1,453
person who prepares or sells spectacles, eyeglasses, lenses, 1,454
contact lenses, or other vision correcting items, devices, or 1,455
procedures. 1,456
(A) A physician or surgeon DOCTOR OF MEDICINE AND SURGERY 1,458
OR OF OSTEOPATHIC MEDICINE AND SURGERY WHO IS licensed to 1,460
practice medicine or AND surgery OR OSTEOPATHIC MEDICINE AND 1,461
SURGERY in this state, on completion of a vision examination and 1,463
diagnosis, shall give each patient for whom he THE DOCTOR
prescribes any vision correcting item, device, or procedure, one 1,464
copy of the prescription, without additional charge to the 1,465
patient. This THE prescription shall include the following: 1,466
(1) The date of its issuance; 1,468
(2) Sufficient information to enable the patient to obtain 1,470
from the supplier of his THE PATIENT'S choice, the vision 1,471
correcting item, device, or procedure that has been prescribed. 1,473
(B) Any supplier who fills a prescription for contact 1,475
lenses furnished by a physician or surgeon DOCTOR OF MEDICINE AND 1,476
SURGERY OR A DOCTOR OF OSTEOPATHIC MEDICINE AND SURGERY under 1,477
this section or by an optometrist under section 4725.17 of the 1,480
Revised Code shall furnish the patient with written 1,481
recommendations to return to the prescribing physician, surgeon 1,482
DOCTOR or optometrist for evaluation of the contact lens fitting. 1,484
35
(C) Any supplier may advertise to inform the general 1,486
public of the price that he THE SUPPLIER charges for any vision 1,487
correcting item, device, or procedure. Any such AN advertisement 1,489
OF THAT NATURE shall indicate whether the price includes A 1,490
correcting item, device, or procedure. Any such AN advertisement 1,491
OF THAT NATURE shall indicate whether the price includes ONE OR 1,492
MORE OF THE FOLLOWING:
(1) An eye examination; 1,494
(2) In the case of lenses, single-vision or multifocal 1,496
lenses; 1,497
(3) In the case of contact lenses, hard or soft lenses. 1,499
The state medical board shall not adopt any rule that 1,501
restricts the right to advertise as permitted by this section. 1,502
Any municipal corporation code, ordinance, or regulation or 1,504
any township resolution that conflicts with a supplier's right to 1,505
advertise as permitted by this section, is superseded by this 1,506
section and is invalid. A municipal corporation code, ordinance, 1,507
or regulation or a township resolution conflicts with this 1,508
section if it restricts a supplier's right to advertise as 1,509
permitted by this section. 1,510
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of 1,519
the Revised Code: 1,520
(A)(1) "Clinical laboratory services" means either of the 1,522
following:
(a) Any examination of materials derived from the human 1,524
body for the purpose of providing information for the diagnosis, 1,525
prevention, or treatment of any disease or impairment or for the 1,526
assessment of health; 1,527
(b) Procedures to determine, measure, or otherwise 1,529
describe the presence or absence of various substances or 1,530
organisms in the body. 1,531
(2) "Clinical laboratory services" does not include the 1,533
mere collection or preparation of specimens. 1,534
(B) "Designated health services" means any of the 1,536
36
following: 1,537
(1) Clinical laboratory services; 1,539
(2) Home health care services; 1,541
(3) Outpatient prescription drugs. 1,543
(C) "Fair market value" means the value in arms-length 1,545
transactions, consistent with general market value and: 1,546
(1) With respect to rentals or leases, the value of rental 1,548
property for general commercial purposes, not taking into account 1,549
its intended use; 1,550
(2) With respect to a lease of space, not adjusted to 1,552
reflect the additional value the prospective lessee or lessor 1,553
would attribute to the proximity or convenience to the lessor if 1,554
the lessor is a potential source of referrals to the lessee. 1,555
(D) "Governmental health care program" means any program 1,558
providing health care benefits that is administered by the 1,559
federal government, this state, or a political subdivision of 1,560
this state, including the medicare program established under 1,561
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 1,562
U.S.C.A. 301, as amended, health care coverage for public 1,563
employees, health care benefits administered by the bureau of 1,564
workers' compensation, the medical assistance program established 1,565
under Chapter 5111. of the Revised Code, and disability 1,566
assistance medical assistance established under Chapter 5115. of 1,568
the Revised Code.
(E)(1) "Group practice" means a group of two or more 1,571
holders of certificates under this chapter legally organized as a 1,572
partnership, professional corporation or association, LIMITED 1,573
LIABILITY COMPANY, foundation, nonprofit corporation, faculty 1,574
practice plan, or similar group practice entity, including an 1,575
organization comprised of a nonprofit medical clinic that 1,576
contracts with a professional corporation or association of 1,577
physicians to provide medical services exclusively to patients of 1,578
the clinic in order to comply with section 1701.03 of the Revised 1,579
Code AND INCLUDING A CORPORATION, LIMITED LIABILITY COMPANY, 1,580
37
PARTNERSHIP, OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION 1,582
(B) OF SECTION 4731.226 OF THE REVISED CODE FORMED FOR THE 1,583
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES
OF OPTOMETRISTS WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE 1,584
LEGALLY AUTHORIZED TO PRACTICE OPTOMETRY, UNDER CHAPTER 4725. OF 1,585
THE REVISED CODE, OF CHIROPRACTORS WHO ARE LICENSED, 1,587
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO PRACTICE
CHIROPRACTIC, UNDER CHAPTER 4734. OF THE REVISED CODE, OF 1,589
PSYCHOLOGISTS WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE 1,590
LEGALLY AUTHORIZED TO PRACTICE PSYCHOLOGY UNDER CHAPTER 4732. OF 1,591
THE REVISED CODE, OF REGISTERED OR LICENSED PRACTICAL NURSES WHO 1,592
ARE LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 1,593
PRACTICE NURSING UNDER CHAPTER 4723. OF THE REVISED CODE, AS A 1,594
REGISTERED OR LICENSED PRACTICAL NURSE, AND OF DOCTORS OF 1,596
MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR 1,597
PODIATRIC MEDICINE AND SURGERY WHO ARE LICENSED, CERTIFICATED, OR 1,598
OTHERWISE LEGALLY AUTHORIZED FOR THEIR RESPECTIVE PRACTICES UNDER 1,599
THIS CHAPTER, to which all of the following apply: 1,600
(a) Each physician who is a member of the group practice 1,602
provides substantially the full range of services that the 1,603
physician routinely provides, including medical care, 1,604
consultation, diagnosis, or treatment, through the joint use of 1,605
shared office space, facilities, equipment, and personnel;. 1,606
(b) Substantially all of the services of the physicians 1,608
who are members of the group are provided through the group and 1,609
are billed in the name of the group and amounts so received are 1,610
treated as receipts of the group;. 1,611
(c) The overhead expenses of and the income from the 1,613
practice are distributed in accordance with methods previously 1,614
determined by members of the group;. 1,615
(d) The group practice meets any other requirements that 1,617
the state medical board applies in rules adopted under section 1,618
4731.70 of the Revised Code. 1,619
(2) In the case of a faculty practice plan associated with 1,621
38
a hospital with a medical residency training program in which 1,622
physician members may provide a variety of specialty services and 1,623
provide professional services both within and outside the group, 1,624
as well as perform other tasks such as research, the criteria in 1,625
division (E)(1) of this section apply only with respect to 1,627
services rendered within the faculty practice plan. 1,628
(F) "Home health care services" and "immediate family" 1,631
have the SAME meanings given AS in THE rules adopted under 1,632
section 4731.70 of the Revised Code.
(G) "Hospital" has the same meaning as in section 3727.01 1,635
of the Revised Code.
(H) A "referral" includes both of the following: 1,637
(1) A request by a holder of a certificate under this 1,639
chapter for an item or service, including a request for a 1,640
consultation with another physician and any test or procedure 1,641
ordered by or to be performed by or under the supervision of the 1,642
other physician; 1,643
(2) A request for or establishment of a plan of care by a 1,645
certificate holder that includes the provision of designated 1,646
health services.
(I) "Third-party payer" has the same meaning as in section 1,649
3901.38 of the Revised Code.
Sec. 4732.17. (A) The state board of psychology may 1,658
refuse to issue a license to any applicant, may issue a 1,659
reprimand, or suspend or revoke the license of any licensed 1,660
psychologist or licensed school psychologist, on any of the 1,661
following grounds:
(A)(1) Conviction of a felony, or of any offense involving 1,663
moral turpitude, in a court of this or any other state or in a 1,664
federal court; 1,665
(B)(2) Using fraud or deceit in the procurement of the 1,667
license to practice psychology or school psychology or knowingly 1,668
assisting another in the procurement of such a license through 1,669
fraud or deceit; 1,670
39
(C)(3) Accepting commissions or rebates or other forms of 1,672
remuneration for referring persons to other professionals; 1,673
(D)(4) Willful, unauthorized communication of information 1,675
received in professional confidence; 1,676
(E)(5) Being negligent in the practice of psychology or 1,678
school psychology; 1,679
(F)(6) Using any controlled substance or alcoholic 1,681
beverage to an extent that such use impairs his THE PERSON'S 1,682
ability to perform the work of a psychologist or school 1,684
psychologist with safety to the public; 1,685
(G) Violating (7) SUBJECT TO SECTION 4732.28 OF THE 1,687
REVISED CODE, VIOLATING any rule of professional conduct 1,688
promulgated by the board; 1,689
(H)(8) Practicing in an area of psychology for which the 1,691
person is clearly untrained or incompetent; 1,692
(I)(9) An adjudication by a court, as provided in section 1,694
5122.301 of the Revised Code, that the person is incompetent for 1,695
the purpose of holding the license. Such person may have his THE 1,696
PERSON'S license issued or restored only upon determination by a 1,698
court that he THE PERSON is competent for the purpose of holding 1,699
the license and upon the decision by the board that such license 1,701
be issued or restored. The board may require an examination 1,702
prior to such issuance or restoration. 1,703
(J)(10) Waiving the payment of all or any part of a 1,705
deductible or copayment that a patient, pursuant to a health 1,707
insurance or health care policy, contract, or plan that covers 1,708
psychological services, would otherwise be required to pay if the 1,709
waiver is used as an enticement to a patient or group of patients 1,710
to receive health care services from that provider.; 1,711
(K)(11) Advertising that he THE PERSON will waive the 1,714
payment of all or any part of a deductible or copayment that a 1,715
patient, pursuant to a health insurance or health care policy, 1,716
contract, or plan that covers psychological services, would 1,717
otherwise be required to pay.; 1,718
40
(L)(12) Notwithstanding divisions (J)(A)(10) and (K)(11) 1,721
of this section, sanctions shall not be imposed against any 1,722
licensee who waives deductibles and copayments: 1,723
(1)(a) In compliance with the health benefit plan that 1,725
expressly allows such a practice. Waiver of the deductibles or 1,727
copays shall be made only with the full knowledge and consent of 1,728
the plan purchaser, payer, and third-party administrator. Such 1,729
consent shall be made available to the board upon request. 1,730
(2)(b) For professional services rendered to any other 1,732
person licensed pursuant to this chapter to the extent allowed by 1,733
this chapter and the rules of the board. 1,734
(M)(B) Before the board may deny, suspend, or revoke a 1,736
license under this section, or otherwise discipline the holder of 1,738
a license, written charges shall be filed with the board by the 1,739
secretary and a hearing shall be had thereon in accordance with 1,740
Chapter 119. of the Revised Code. 1,741
Sec. 4732.28. (A) AN INDIVIDUAL WHOM THE STATE BOARD OF 1,743
PSYCHOLOGY LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY 1,744
AUTHORIZES TO ENGAGE IN THE PRACTICE OF PSYCHOLOGY MAY RENDER THE 1,745
PROFESSIONAL SERVICES OF A PSYCHOLOGIST WITHIN THIS STATE THROUGH 1,747
A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1701.03 OF THE 1,748
REVISED CODE, A LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 1,749
1705. OF THE REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL 1,750
ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE REVISED CODE. THIS 1,752
DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM 1,753
RENDERING PROFESSIONAL SERVICES AS A PSYCHOLOGIST THROUGH ANOTHER 1,754
FORM OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A 1,755
NONPROFIT CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS 1,756
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER 1,758
OF THE REVISED CODE, OR RULES OF THE STATE BOARD OF PSYCHOLOGY 1,759
ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 1,762
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 1,763
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 1,764
41
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 1,765
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 1,766
PRACTICE THEIR RESPECTIVE PROFESSIONS: 1,767
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY 1,769
UNDER CHAPTER 4725. OF THE REVISED CODE; 1,770
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 1,772
CHIROPRACTIC UNDER CHAPTER 4734. OF THE REVISED CODE; 1,773
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 1,775
PSYCHOLOGY UNDER THIS CHAPTER; 1,776
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 1,778
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 1,779
LICENSED PRACTICAL NURSES UNDER CHAPTER 4723. OF THE REVISED 1,781
CODE;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 1,784
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE AUTHORIZED 1,785
FOR THEIR RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF THE REVISED 1,786
CODE. 1,787
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 1,790
CODE OF ETHICS APPLICABLE TO A PSYCHOLOGIST, OR A PROVISION OF A
RULE OF THE STATE BOARD OF PSYCHOLOGY ADOPTED PURSUANT TO THIS 1,791
CHAPTER, THAT EXPRESSLY OR IMPLICITLY PURPORTS TO PROHIBIT A 1,792
PSYCHOLOGIST FROM ENGAGING IN THE PRACTICE OF PSYCHOLOGY IN 1,793
COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR 1,794
OTHERWISE LEGALLY AUTHORIZED TO PRACTICE OPTOMETRY, CHIROPRACTIC, 1,795
NURSING, MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, 1,796
OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT ALSO LICENSED, 1,797
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE IN THE 1,798
PRACTICE OF PSYCHOLOGY. 1,799
Sec. 4734.03. The chiropractic examining board shall hold 1,808
its annual meeting in Ohio THIS STATE in September of each year 1,809
and SHALL HOLD other meetings at such THE times and places as the 1,811
THAT A majority of the board may direct DIRECTS. The board shall 1,812
keep a record of its proceedings and A register of all applicants 1,813
for license which LICENSURE TO PRACTICE CHIROPRACTIC. THE 1,814
42
register shall show whether the AN applicant FOR LICENSURE was 1,815
rejected or a license WAS granted A LICENSE. The books and 1,816
register of the board shall be prima-facie evidence of all 1,817
matters recorded therein IN THEM. The board shall have a common 1,818
seal and, shall formulate rules to govern its actions, and, 1,820
CONSISTENT WITH SECTION 4734.091 OF THE REVISED CODE, shall 1,821
establish ADOPT rules governing the practice of chiropractic as 1,823
defined in section 4734.09 of the Revised Code. The board shall 1,824
adopt rules under this chapter according to the procedure of
Chapter 119. of the Revised Code. 1,825
Sec. 4734.091. (A) AN INDIVIDUAL WHOM THE CHIROPRACTIC 1,827
EXAMINING BOARD LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY 1,828
AUTHORIZES TO ENGAGE IN THE PRACTICE OF CHIROPRACTIC MAY RENDER 1,829
THE PROFESSIONAL SERVICES OF A CHIROPRACTOR WITHIN THIS STATE 1,830
THROUGH A CORPORATION FORMED UNDER DIVISION (B) OF SECTION 1,831
1701.03 OF THE REVISED CODE, A LIMITED LIABILITY COMPANY FORMED
UNDER CHAPTER 1705. OF THE REVISED CODE, A PARTNERSHIP, OR A 1,832
PROFESSIONAL ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE 1,833
REVISED CODE. THIS DIVISION DOES NOT PRECLUDE AN INDIVIDUAL OF 1,834
THAT NATURE FROM RENDERING PROFESSIONAL SERVICES AS A
CHIROPRACTOR THROUGH ANOTHER FORM OF BUSINESS ENTITY, INCLUDING, 1,836
BUT NOT LIMITED TO, A NONPROFIT CORPORATION OR FOUNDATION, OR IN 1,837
ANOTHER MANNER THAT IS AUTHORIZED BY OR IN ACCORDANCE WITH THIS 1,838
CHAPTER, ANOTHER CHAPTER OF THE REVISED CODE, OR RULES OF THE
CHIROPRACTIC EXAMINING BOARD ADOPTED PURSUANT TO THIS CHAPTER. 1,839
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, 1,841
OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS 1,842
SECTION MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION 1,843
OF THE PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE 1,844
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO 1,846
PRACTICE THEIR RESPECTIVE PROFESSIONS:
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY, 1,848
UNDER CHAPTER 4725. OF THE REVISED CODE; 1,849
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE 1,851
43
CHIROPRACTIC UNDER THIS CHAPTER; 1,852
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE 1,854
PSYCHOLOGY UNDER CHAPTER 4732. OF THE REVISED CODE; 1,855
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE 1,857
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS 1,858
LICENSED PRACTICAL NURSES UNDER CHAPTER 4723. OF THE REVISED 1,860
CODE;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE 1,863
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE AUTHORIZED 1,864
FOR THEIR RESPECTIVE PRACTICES UNDER CHAPTER 4731. OF THE REVISED 1,865
CODE.
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A 1,868
CODE OF ETHICS DESCRIBED IN DIVISION (A)(9) OF SECTION 4734.10 OF 1,869
THE REVISED CODE, OR A PROVISION OF A RULE OF THE CHIROPRACTIC 1,870
EXAMINING BOARD ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY
OR IMPLICITLY PURPORTS TO PROHIBIT AN INDIVIDUAL FROM ENGAGING IN 1,871
THE PRACTICE OF CHIROPRACTIC IN COMBINATION WITH A PERSON WHO IS 1,872
LICENSED, CERTIFICATED, OR OTHERWISE AUTHORIZED FOR THE PRACTICE 1,873
OF OPTOMETRY, PSYCHOLOGY, NURSING, MEDICINE AND SURGERY, 1,874
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND 1,875
SURGERY BUT WHO IS NOT ALSO LICENSED, CERTIFICATED, OR OTHERWISE
LEGALLY AUTHORIZED TO ENGAGE IN THE PRACTICE OF CHIROPRACTIC. 1,876
Sec. 4734.10. (A) The chiropractic examining board may 1,885
refuse, revoke, or suspend for a limited period, the license of 1,886
any AN APPLICANT FOR LICENSURE TO PRACTICE CHIROPRACTIC OR OF A 1,887
LICENSED chiropractor for any of the following causes: 1,888
(1) His conviction CONVICTION of a felony or of a 1,890
misdemeanor involving moral turpitude, in either of which cases a 1,891
certified copy of the court record shall be conclusive evidence, 1,892
upon receipt of which the board shall revoke or suspend the 1,893
license of the person A CHIROPRACTOR so convicted; 1,894
(2) Any violation of this chapter; 1,896
(3) Fraud or deceit in procuring admission to practice; 1,898
(4) Habitually using drugs or intoxicants to the extent of 1,900
44
rendering him THE APPLICANT OR CHIROPRACTOR unfit for the 1,901
practice of chiropractic, or for gross immorality; 1,903
(5) Violation of any of the rules RULE adopted by the 1,905
board governing TO GOVERN the practice of chiropractic THAT IS 1,906
CONSISTENT WITH SECTION 4734.091 OF THE REVISED CODE; 1,907
(6) Being guilty of willful and gross malpractice, or 1,909
willful or gross neglect in the practice of chiropractic; 1,910
(7) Obtaining any fee by fraud or misrepresentation; 1,912
(8) Being guilty of false, fraudulent, or misleading 1,914
advertising or advertising the prices for which his CHIROPRACTIC 1,915
services are available; or having professional connection with 1,917
any person or any INDIVIDUAL, firm, or corporation who THAT 1,919
advertises contrary to DIVISION (A)(8) OF this section; 1,920
(9) The SUBJECT TO SECTION 4734.091 OF THE REVISED CODE, 1,922
THE violation of any provision of the code of ethics of the 1,924
American chiropractic association, and such other OR OF ANOTHER 1,925
national professional organizations as are ORGANIZATION AS 1,926
determined by rule, by OF the board. The board shall obtain and 1,928
keep on file current copies of the code CODES of ethics of the 1,929
national organizations. The practitioner A CHIROPRACTOR whose 1,930
certificate is being suspended or revoked shall not be found 1,932
guilty of the violation of TO HAVE VIOLATED a code of ethics of 1,933
an organization not appropriate to his THE CHIROPRACTOR'S 1,934
profession. 1,935
(10) His failure FAILURE of the licensing examination; 1,937
(11) Waiving the payment of all or any part of a 1,939
deductible or copayment that a patient, pursuant to a health 1,940
insurance or health care policy, contract, or plan that covers 1,941
the chiropractor's services, would otherwise WOULD be required to 1,942
pay if the waiver is used as an enticement to a patient or group 1,943
of patients to receive health care services from that provider.; 1,945
(12) Advertising that he THE CHIROPRACTOR will waive the 1,947
payment of all or any part of a deductible or copayment that a 1,949
patient, pursuant to a health insurance or health care policy, 1,950
45
contract, or plan that covers the chiropractor's services, would 1,951
otherwise WOULD be required to pay.
(B) For the purpose of investigation of possible 1,953
violations of this section, the board may administer oaths, order 1,954
the taking of depositions, issue subpoenas, and compel the 1,955
attendance of witnesses and the production of books, accounts, 1,956
papers, records, documents, and testimony. 1,957
(C) Notwithstanding divisions (A)(11) and (12) of this 1,959
section, sanctions shall not be imposed against any licensee who 1,960
waives deductibles and copayments AS FOLLOWS: 1,961
(1) In compliance with the health benefit plan that 1,963
expressly allows such a practice OF THAT NATURE. Waiver of the 1,965
deductibles or copays shall be made only with the full knowledge 1,968
and consent of the plan purchaser, payer, and third-party
administrator. Such DOCUMENTATION OF THE consent shall be made 1,969
available to the board upon request. 1,971
(2) For professional services rendered to any other person 1,973
licensed pursuant to this chapter to the extent allowed by this 1,974
chapter and the rules of the board. 1,975
Sec. 4734.17. No person shall practice chiropractic 1,984
without a certificate from the chiropractic examining board, 1,986
except a person to whom a current or original certificate to 1,988
practice chiropractic has been issued by the chiropractic
examining board under Chapter 4734. of the Revised Code THIS 1,989
CHAPTER. No person shall advertise or announce himself THE 1,991
PERSON as a chiropractor without a certificate from the 1,992
chiropractic examining board. No SUBJECT TO SECTION 4734.091 OF 1,993
THE REVISED CODE, NO person WHO IS not being a licensee shall 1,994
open or conduct an office or other place for such THE practice OF 1,995
CHIROPRACTIC without a certificate from the board. No SUBJECT TO 1,997
SECTION 4734.091 OF THE REVISED CODE, NO person shall conduct an 1,998
office in the name of some person who has a certificate to 1,999
practice chiropractic. No person shall practice chiropractic, 2,000
after a certificate has been revoked, or, if A CERTIFICATE HAS 2,001
46
BEEN suspended, during the time of such THE suspension. 2,002
A certificate THAT IS signed by the secretary to which is 2,004
OF THE BOARD AND THAT HAS affixed the official seal of the board 2,006
to the effect that it appears from the records of the board that 2,007
no such A certificate to practice chiropractic in the state has 2,008
NOT been issued to any such A PARTICULAR person specified 2,010
therein, or that a certificate, if issued, has been revoked or 2,012
suspended, shall be received as prima-facie evidence of the
record of such THE board in any court or before any officer of 2,014
the state. 2,015
Section 2. That existing sections 1701.03, 1705.03, 2,017
1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 1785.06, 2,018
1785.07, 1785.08, 4731.22, 4731.44, 4731.65, 4732.17, 4734.03, 2,019
4734.10, and 4734.17 of the Revised Code are hereby repealed. 2,020
Section 3. That Section 4 of Am. Sub. S.B. 191 of the 2,022
120th General Assembly is hereby repealed. 2,023
Section 4. Section 1785.01 of the Revised Code is 2,025
presented in this act as a composite of the section as amended by 2,026
both Am. H.B. 344 and Sub. H.B. 276 of the 119th General 2,027
Assembly, with the new language of neither of the acts shown in 2,028
capital letters. Section 4731.22 of the Revised Code is
presented in this act as a composite of the section as amended by 2,030
both Am. Sub. S.B. 154 and Am. Sub. S.B. 259 of the 121st General 2,031
Assembly, with the new language of neither of the acts shown in 2,032
capital letters. This is in recognition of the principle stated 2,034
in division (B) of section 1.52 of the Revised Code that such 2,035
amendments are to be harmonized where not substantively 2,036
irreconcilable and constitutes a legislative finding that such is 2,037
the resulting version in effect prior to the effective date of 2,038
this act.