As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 341 5
1999-2000 6
REPRESENTATIVES SCHURING-VAN VYVEN-OGG-HOLLISTER-PADGETT- 8
JONES-NETZLEY-SCHULER-SULLIVAN-ALLEN-MAIER-SMITH-PATTON 9
_________________________________________________________________ 10
A B I L L
To amend sections 4731.22, 4731.24, 4731.25, and 12
4731.36 and to enact sections 4762.01 to 4762.11 13
and 4762.13 to 4762.15 of the Revised Code
regarding the practice of acupuncture. 14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That sections 4731.22, 4731.24, 4731.25, and 18
4731.36 be amended and sections 4762.01, 4762.02, 4762.03, 19
4762.04, 4762.05, 4762.06, 4762.07, 4762.08, 4762.09, 4762.10, 20
4762.11, 4762.13, 4762.14, and 4762.15 of the Revised Code be 22
enacted to read as follows:
Sec. 4731.22. (A) The state medical board, by an 32
affirmative vote of not fewer than six of its members, may revoke 33
or may refuse to grant a certificate to a person found by the 34
board to have committed fraud during the administration of the 35
examination for a certificate to practice or to have committed 37
fraud, misrepresentation, or deception in applying for or 38
securing any certificate to practice or certificate of
registration issued by the board. 39
(B) The board, by an affirmative vote of not fewer than 42
six members, shall, to the extent permitted by law, limit, 43
revoke, or suspend an individual's certificate to practice, 45
refuse to register an individual, refuse to reinstate a 47
certificate, or reprimand or place on probation the holder of a 49
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 51
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or certificate of registration to be used by a person, group, or 53
corporation when the individual concerned is not actually 54
directing the treatment given; 55
(2) Failure to maintain minimal standards applicable to 58
the selection or administration of drugs, or failure to employ 59
acceptable scientific methods in the selection of drugs or other 60
modalities for treatment of disease; 61
(3) Selling, giving away, personally furnishing, 63
prescribing, or administering drugs for other than legal and 64
legitimate therapeutic purposes or a plea of guilty to, a 66
judicial finding of guilt of, or a judicial finding of 67
eligibility for treatment in lieu of conviction of, a violation 69
of any federal or state law regulating the possession,
distribution, or use of any drug; 70
(4) Willfully betraying a professional confidence. 72
For purposes of this division, "willfully betraying a 74
professional confidence" does not include the making of a report 75
of an employee's use of a drug of abuse, or a report of a 76
condition of an employee other than one involving the use of a 77
drug of abuse, to the employer of the employee as described in 78
division (B) of section 2305.33 of the Revised Code. Nothing in 80
this division affects the immunity from civil liability conferred 82
by that section upon a physician who makes either type of report 83
in accordance with division (B) of that section. As used in this 84
division, "employee," "employer," and "physician" have the same 85
meanings as in section 2305.33 of the Revised Code. 86
(5) Making a false, fraudulent, deceptive, or misleading 89
statement in the solicitation of or advertising for patients; in 91
relation to the practice of medicine and surgery, osteopathic 92
medicine and surgery, podiatry, or a limited branch of medicine; 93
or in securing or attempting to secure any certificate to 95
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 97
misleading statement" means a statement that includes a 98
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misrepresentation of fact, is likely to mislead or deceive 99
because of a failure to disclose material facts, is intended or 100
is likely to create false or unjustified expectations of 101
favorable results, or includes representations or implications 102
that in reasonable probability will cause an ordinarily prudent 103
person to misunderstand or be deceived. 104
(6) A departure from, or the failure to conform to, 106
minimal standards of care of similar practitioners under the same 107
or similar circumstances, whether or not actual injury to a 108
patient is established; 109
(7) Representing, with the purpose of obtaining 111
compensation or other advantage as personal gain or for any other 113
person, that an incurable disease or injury, or other incurable 114
condition, can be permanently cured; 115
(8) The obtaining of, or attempting to obtain, money or 117
anything of value by fraudulent misrepresentations in the course 118
of practice; 119
(9) A plea of guilty to, a judicial finding of guilt of, 122
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 123
(10) Commission of an act that constitutes a felony in 125
this state, regardless of the jurisdiction in which the act was 126
committed; 127
(11) A plea of guilty to, a judicial finding of guilt of, 130
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 131
practice;
(12) Commission of an act in the course of practice that 133
constitutes a misdemeanor in this state, regardless of the 135
jurisdiction in which the act was committed; 136
(13) A plea of guilty to, a judicial finding of guilt of, 139
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 140
(14) Commission of an act involving moral turpitude that 142
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constitutes a misdemeanor in this state, regardless of the 144
jurisdiction in which the act was committed; 145
(15) Violation of the conditions of limitation placed by 147
the board upon a certificate to practice; 148
(16) Failure to pay license renewal fees specified in this 150
chapter; 151
(17) Except as authorized in section 4731.31 of the 153
Revised Code, engaging in the division of fees for referral of 155
patients, or the receiving of a thing of value in return for a 156
specific referral of a patient to utilize a particular service or 157
business;
(18) Subject to section 4731.226 of the Revised Code, 159
violation of any provision of a code of ethics of the American 161
medical association, the American osteopathic association, the 162
American podiatric medical association, or any other national 163
professional organizations that the board specifies by rule. The 165
state medical board shall obtain and keep on file current copies 166
of the codes of ethics of the various national professional 167
organizations. The individual whose certificate is being 168
suspended or revoked shall not be found to have violated any 170
provision of a code of ethics of an organization not appropriate 171
to the individual's profession. 172
For purposes of this division, a "provision of a code of 175
ethics of a national professional organization" does not include 176
any provision that would preclude the making of a report by a 177
physician of an employee's use of a drug of abuse, or of a 178
condition of an employee other than one involving the use of a 179
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 181
this division affects the immunity from civil liability conferred 182
by that section upon a physician who makes either type of report 183
in accordance with division (B) of that section. As used in this 184
division, "employee," "employer," and "physician" have the same 185
meanings as in section 2305.33 of the Revised Code. 186
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(19) Inability to practice according to acceptable and 188
prevailing standards of care by reason of mental illness or 189
physical illness, including, but not limited to, physical 190
deterioration that adversely affects cognitive, motor, or 191
perceptive skills. 192
In enforcing this division, the board, upon a showing of a 195
possible violation, may compel any individual authorized to 196
practice by this chapter or who has submitted an application 198
pursuant to this chapter to submit to a mental examination, 200
physical examination, including an HIV test, or both a mental and 202
a physical examination. The expense of the examination is the 204
responsibility of the individual compelled to be examined. 205
Failure to submit to a mental or physical examination or consent 206
to an HIV test ordered by the board constitutes an admission of 207
the allegations against the individual unless the failure is due 209
to circumstances beyond the individual's control, and a default 210
and final order may be entered without the taking of testimony or 211
presentation of evidence. If the board finds an individual 212
unable to practice because of the reasons set forth in this 214
division, the board shall require the individual to submit to 215
care, counseling, or treatment by physicians approved or 216
designated by the board, as a condition for initial, continued, 217
reinstated, or renewed authority to practice. An individual 219
affected under this division shall be afforded an opportunity to 221
demonstrate to the board the ability to resume practice in 222
compliance with acceptable and prevailing standards under the 223
provisions of the individual's certificate. For the purpose of 225
this division, any individual who applies for or receives a 226
certificate to practice under this chapter accepts the privilege 227
of practicing in this state and, by so doing, shall be deemed to 230
have given consent to submit to a mental or physical examination 231
when directed to do so in writing by the board, and to have 232
waived all objections to the admissibility of testimony or 233
examination reports that constitute a privileged communication. 234
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(20) Except when civil penalties are imposed under section 236
4731.225 or 4731.281 of the Revised Code, and subject to section 237
4731.226 of the Revised Code, violating or attempting to violate, 239
directly or indirectly, or assisting in or abetting the violation 240
of, or conspiring to violate, any provisions of this chapter or 241
any rule promulgated by the board.
This division does not apply to a violation or attempted 243
violation of, assisting in or abetting the violation of, or a 244
conspiracy to violate, any provision of this chapter or any rule 245
adopted by the board that would preclude the making of a report 248
by a physician of an employee's use of a drug of abuse, or of a 249
condition of an employee other than one involving the use of a 250
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 252
this division affects the immunity from civil liability conferred 253
by that section upon a physician who makes either type of report 254
in accordance with division (B) of that section. As used in this 255
division, "employee," "employer," and "physician" have the same 256
meanings as in section 2305.33 of the Revised Code. 257
(21) The violation of any abortion rule adopted by the 259
public health council pursuant to section 3701.341 of the Revised 260
Code; 261
(22) Any of the following actions taken by the state 263
agency responsible for regulating the practice of medicine and 264
surgery, osteopathic medicine and surgery, podiatry, or the 265
limited branches of medicine in another state, for any reason 266
other than the nonpayment of fees: the limitation, revocation, 267
or suspension of an individual's license to practice; acceptance 268
of an individual's license surrender; denial of a license; 269
refusal to renew or reinstate a license; imposition of probation; 271
or issuance of an order of censure or other reprimand; 272
(23) The violation of section 2919.12 of the Revised Code 274
or the performance or inducement of an abortion upon a pregnant 275
woman with actual knowledge that the conditions specified in 276
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division (B) of section 2317.56 of the Revised Code have not been 277
satisfied or with a heedless indifference as to whether those 278
conditions have been satisfied, unless an affirmative defense as 279
specified in division (H)(2) of that section would apply in a 280
civil action authorized by division (H)(1) of that section; 281
(24) The revocation, suspension, restriction, reduction, 283
or termination of clinical privileges by the United States 285
department of defense or department of veterans affairs or the 287
termination or suspension of a certificate of registration to 288
prescribe drugs by the drug enforcement administration of the 289
United States department of justice; 290
(25) Termination or suspension from participation in the 292
medicare or medicaid programs by the department of health and 294
human services or other responsible agency for any act or acts 295
that also would constitute a violation of division (B)(2), (3), 296
(6), (8), or (19) of this section; 297
(26) Impairment of ability to practice according to 299
acceptable and prevailing standards of care because of habitual 300
or excessive use or abuse of drugs, alcohol, or other substances 301
that impair ability to practice. 302
For the purposes of this division, any individual 304
authorized to practice by this chapter accepts the privilege of 306
practicing in this state subject to supervision by the board. By 307
filing an application for or holding a certificate to practice 310
under this chapter, an individual shall be deemed to have given 312
consent to submit to a mental or physical examination when 313
ordered to do so by the board in writing, and to have waived all 314
objections to the admissibility of testimony or examination 315
reports that constitute privileged communications. 316
If it has reason to believe that any individual authorized 318
to practice by this chapter or any applicant for certification to 320
practice suffers such impairment, the board may compel the 321
individual to submit to a mental or physical examination, or 322
both. The expense of the examination is the responsibility of 324
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the individual compelled to be examined. Any mental or physical 326
examination required under this division shall be undertaken by a 327
treatment provider or physician who is qualified to conduct the 328
examination and who is chosen by the board. 329
Failure to submit to a mental or physical examination 332
ordered by the board constitutes an admission of the allegations 333
against the individual unless the failure is due to circumstances 334
beyond the individual's control, and a default and final order 335
may be entered without the taking of testimony or presentation of 336
evidence. If the board determines that the individual's ability 337
to practice is impaired, the board shall suspend the individual's 338
certificate or deny the individual's application and shall 339
require the individual, as a condition for initial, continued, 340
reinstated, or renewed certification to practice, to submit to 342
treatment.
Before being eligible to apply for reinstatement of a 344
certificate suspended under this division, the impaired 346
practitioner shall demonstrate to the board the ability to resume 348
practice in compliance with acceptable and prevailing standards 349
of care under the provisions of the practitioner's certificate. 350
The demonstration shall include, but shall not be limited to, the 352
following:
(a) Certification from a treatment provider approved under 354
section 4731.25 of the Revised Code that the individual has 356
successfully completed any required inpatient treatment; 357
(b) Evidence of continuing full compliance with an 359
aftercare contract or consent agreement; 360
(c) Two written reports indicating that the individual's 362
ability to practice has been assessed and that the individual has 363
been found capable of practicing according to acceptable and 364
prevailing standards of care. The reports shall be made by 365
individuals or providers approved by the board for making the 366
assessments and shall describe the basis for their determination. 367
The board may reinstate a certificate suspended under this 370
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division after that demonstration and after the individual has 371
entered into a written consent agreement. 372
When the impaired practitioner resumes practice, the board 374
shall require continued monitoring of the individual. The 376
monitoring shall include, but not be limited to, compliance with 378
the written consent agreement entered into before reinstatement 379
or with conditions imposed by board order after a hearing, and, 380
upon termination of the consent agreement, submission to the 381
board for at least two years of annual written progress reports 382
made under penalty of perjury stating whether the individual has 383
maintained sobriety. 384
(27) A second or subsequent violation of section 4731.66 386
or 4731.69 of the Revised Code; 387
(28) Except as provided in division (N) of this section: 389
(a) Waiving the payment of all or any part of a deductible 392
or copayment that a patient, pursuant to a health insurance or 393
health care policy, contract, or plan that covers the 394
individual's services, otherwise would be required to pay if the 396
waiver is used as an enticement to a patient or group of patients 397
to receive health care services from that individual; 398
(b) Advertising that the individual will waive the payment 401
of all or any part of a deductible or copayment that a patient, 402
pursuant to a health insurance or health care policy, contract, 403
or plan that covers the individual's services, otherwise would be 405
required to pay. 406
(29) Failure to use universal blood and body fluid 408
precautions established by rules adopted under section 4731.051 409
of the Revised Code; 410
(30) Failure of a collaborating physician to perform the 413
responsibilities agreed to by the physician in the protocol 414
established between the physician and an advanced practice nurse 415
in accordance with section 4723.56 of the Revised Code; 416
(31) Failure to provide notice to, and receive 418
acknowledgment of the notice from, a patient when required by 420
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section 4731.143 of the Revised Code prior to providing 421
nonemergency professional services, or failure to maintain that 422
notice in the patient's file;
(32) Failure of a physician supervising a physician 424
assistant to maintain supervision in accordance with the 425
requirements of Chapter 4730. of the Revised Code and the rules 426
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 428
standard care arrangement with a clinical nurse specialist, 429
certified nurse-midwife, or certified nurse practitioner with 430
whom the physician or podiatrist is in collaboration pursuant to 431
section 4731.27 of the Revised Code and practice in accordance 432
with the arrangement;
(34) Failure to comply with the terms of a consult 434
agreement entered into with a pharmacist pursuant to section 435
4729.39 of the Revised Code; 436
(35) Failure to cooperate in an investigation conducted by 438
the board under division (F) of this section, including failure 440
to comply with a subpoena or order issued by the board or failure 441
to answer truthfully a question presented by the board at a 442
deposition or in written interrogatories, except that failure to 443
cooperate with an investigation shall not constitute grounds for 444
discipline under this section if a court of competent 445
jurisdiction has issued an order that either quashes a subpoena 446
or permits the individual to withhold the testimony or evidence 447
in issue;
(36) FAILURE TO SUPERVISE AN ACUPUNCTURIST IN ACCORDANCE 449
WITH DIVISION (B) OF SECTION 4762.03 OF THE REVISED CODE. 450
(C) Disciplinary actions taken by the board under 452
divisions (A) and (B) of this section shall be taken pursuant to 453
an adjudication under Chapter 119. of the Revised Code, except 454
that in lieu of an adjudication, the board may enter into a 455
consent agreement with an individual to resolve an allegation of 456
a violation of this chapter or any rule adopted under it. A 457
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consent agreement, when ratified by an affirmative vote of not 458
fewer than six members of the board, shall constitute the 459
findings and order of the board with respect to the matter 460
addressed in the agreement. If the board refuses to ratify a 461
consent agreement, the admissions and findings contained in the 462
consent agreement shall be of no force or effect. 463
(D) For purposes of divisions (B)(10), (12), and (14) of 465
this section, the commission of the act may be established by a 466
finding by the board, pursuant to an adjudication under Chapter 468
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 471
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 474
The board has jurisdiction under those divisions if the trial 475
court issues an order of dismissal upon technical or procedural 476
grounds.
(E) The sealing of conviction records by any court shall 478
have no effect upon a prior board order entered under this 479
section or upon the board's jurisdiction to take action under 480
this section if, based upon a plea of guilty, a judicial finding 482
of guilt, or a judicial finding of eligibility for treatment in 483
lieu of conviction, the board issued a notice of opportunity for 484
a hearing prior to the court's order to seal the records. The 485
board shall not be required to seal, destroy, redact, or 486
otherwise modify its records to reflect the court's sealing of 487
conviction records. 488
(F)(1) The board shall investigate evidence that appears 490
to show that a person has violated any provision of this chapter 492
or any rule adopted under it. Any person may report to the board
in a signed writing any information that the person may have that 494
appears to show a violation of any provision of this chapter or 495
any rule adopted under it. In the absence of bad faith, any 497
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 499
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of the Revised Code shall not be liable in damages in a civil 500
action as a result of the report or testimony. Each complaint or 502
allegation of a violation received by the board shall be assigned 503
a case number and shall be recorded by the board. 504
(2) Investigations of alleged violations of this chapter 506
or any rule adopted under it shall be supervised by the 508
supervising member elected by the board in accordance with 509
section 4731.02 of the Revised Code and by the secretary as 510
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 512
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 514
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 517
or any rule adopted under this chapter, the board may administer 519
oaths, order the taking of depositions, issue subpoenas, and 520
compel the attendance of witnesses and production of books, 521
accounts, papers, records, documents, and testimony, except that 522
a subpoena for patient record information shall not be issued 523
without consultation with the attorney general's office and 524
approval of the secretary and supervising member of the board. 526
Before issuance of a subpoena for patient record information, the 527
secretary and supervising member shall determine whether there is 530
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 531
the records sought are relevant to the alleged violation and 533
material to the investigation. The subpoena may apply only to 534
records that cover a reasonable period of time surrounding the 535
alleged violation. 536
On failure to comply with any subpoena issued by the board 539
and after reasonable notice to the person being subpoenaed, the 540
board may move for an order compelling the production of persons 541
or records pursuant to the Rules of Civil Procedure. 542
A subpoena issued by the board may be served by a sheriff, 544
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the sheriff's deputy, or a board employee designated by the 545
board. Service of a subpoena issued by the board may be made by 547
delivering a copy of the subpoena to the person named therein, 548
reading it to the person, or leaving it at the person's usual 549
place of residence. When the person being served is a person 550
whose practice is authorized by this chapter, service of the 551
subpoena may be made by certified mail, restricted delivery, 552
return receipt requested, and the subpoena shall be deemed served 553
on the date delivery is made or the date the person refuses to 554
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 556
same fees as a sheriff. Each witness who appears before the 558
board in obedience to a subpoena shall receive the fees and 560
mileage provided for witnesses in civil cases in the courts of 561
common pleas.
(4) All hearings and investigations of the board shall be 563
considered civil actions for the purposes of section 2305.251 of 564
the Revised Code. 565
(5) Information received by the board pursuant to an 567
investigation is confidential and not subject to discovery in any 568
civil action. 569
The board shall conduct all investigations and proceedings 571
in a manner that protects the confidentiality of patients and 573
persons who file complaints with the board. The board shall not 575
make public the names or any other identifying information about 576
patients or complainants unless proper consent is given or, in 577
the case of a patient, a waiver of the patient privilege exists 578
under division (B) of section 2317.02 of the Revised Code, except 579
that consent or a waiver of that nature is not required if the 580
board possesses reliable and substantial evidence that no bona 582
fide physician-patient relationship exists. 583
The board may share any information it receives pursuant to 586
an investigation, including patient records and patient record 587
information, with other licensing boards and governmental 588
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agencies that are investigating alleged professional misconduct 589
and with law enforcement agencies and other governmental agencies 591
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 592
the same requirements regarding confidentiality as those with 593
which the state medical board must comply, notwithstanding any 594
conflicting provision of the Revised Code or procedure of the 596
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 598
admitted into evidence in a criminal trial in accordance with the 599
Rules of Evidence, but the court shall require that appropriate 600
measures are taken to ensure that confidentiality is maintained 601
with respect to any part of the information that contains names 602
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 603
when the information was in the board's possession. Measures to 604
ensure confidentiality that may be taken by the court include 605
sealing its records or deleting specific information from its 607
records.
(6) On a quarterly basis, the board shall prepare a report 609
that documents the disposition of all cases during the preceding 610
three months. The report shall contain the following information 611
for each case with which the board has completed its activities: 612
(a) The case number assigned to the complaint or alleged 614
violation; 615
(b) The type of certificate to practice, if any, held by 618
the individual against whom the complaint is directed; 619
(c) A description of the allegations contained in the 621
complaint; 622
(d) The disposition of the case. 624
The report shall state how many cases are still pending and 627
shall be prepared in a manner that protects the identity of each 629
person involved in each case. The report shall be a public 630
record under section 149.43 of the Revised Code.
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(G) If the secretary and supervising member determine that 632
there is clear and convincing evidence that an individual has 634
violated division (B) of this section and that the individual's 635
continued practice presents a danger of immediate and serious 637
harm to the public, they may recommend that the board suspend the 638
individual's certificate to practice without a prior hearing. 640
Written allegations shall be prepared for consideration by the
board. 641
The board, upon review of those allegations and by an 643
affirmative vote of not fewer than six of its members, excluding 645
the secretary and supervising member, may suspend a certificate 646
without a prior hearing. A telephone conference call may be 647
utilized for reviewing the allegations and taking the vote on the 648
summary suspension. 649
The board shall issue a written order of suspension by 651
certified mail or in person in accordance with section 119.07 of 652
the Revised Code. The order shall not be subject to suspension 654
by the court during pendency of any appeal filed under section 655
119.12 of the Revised Code. If the individual subject to the 657
summary suspension requests an adjudicatory hearing by the board, 658
the date set for the hearing shall be within fifteen days, but 659
not earlier than seven days, after the individual requests the 661
hearing, unless otherwise agreed to by both the board and the 662
individual.
Any summary suspension imposed under this division shall 664
remain in effect, unless reversed on appeal, until a final 665
adjudicative order issued by the board pursuant to this section 666
and Chapter 119. of the Revised Code becomes effective. The 667
board shall issue its final adjudicative order within sixty days 668
after completion of its hearing. A failure to issue the order 669
within sixty days shall result in dissolution of the summary 670
suspension order but shall not invalidate any subsequent, final 671
adjudicative order. 672
(H) If the board takes action under division (B)(9), (11), 675
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or (13) of this section and the judicial finding of guilt, guilty 676
plea, or judicial finding of eligibility for treatment in lieu of 677
conviction is overturned on appeal, upon exhaustion of the 679
criminal appeal, a petition for reconsideration of the order may 680
be filed with the board along with appropriate court documents. 681
Upon receipt of a petition of that nature and supporting court 682
documents, the board shall reinstate the individual's certificate 683
to practice. The board may then hold an adjudication under 684
Chapter 119. of the Revised Code to determine whether the 685
individual committed the act in question. Notice of an 687
opportunity for a hearing shall be given in accordance with 688
Chapter 119. of the Revised Code. If the board finds, pursuant 689
to an adjudication held under this division, that the individual 690
committed the act or if no hearing is requested, the board may 692
order any of the sanctions identified under division (B) of this 693
section.
(I) The certificate to practice issued to an individual 695
under this chapter and the individual's practice in this state 697
are automatically suspended as of the date the individual pleads
guilty to, is found by a judge or jury to be guilty of, or is 699
subject to a judicial finding of eligibility for treatment in 700
lieu of conviction for any of the following criminal offenses in 702
this state or a substantially equivalent criminal offense in 703
another jurisdiction: aggravated murder, murder, voluntary 704
manslaughter, felonious assault, kidnapping, rape, sexual 705
battery, gross sexual imposition, aggravated arson, aggravated 706
robbery, or aggravated burglary. Continued practice after 708
suspension shall be considered practicing without a certificate. 709
The board shall notify the individual subject to the 712
suspension by certified mail or in person in accordance with 713
section 119.07 of the Revised Code. If an individual whose 714
certificate is suspended under this division fails to make a 715
timely request for an adjudication under Chapter 119. of the 716
Revised Code, the board shall enter a final order permanently 717
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revoking the individual's certificate to practice. 718
(J) If the board is required by Chapter 119. of the 721
Revised Code to give notice of an opportunity for a hearing and 722
if the individual subject to the notice does not timely request a 723
hearing in accordance with section 119.07 of the Revised Code, 725
the board is not required to hold a hearing, but may adopt, by an 726
affirmative vote of not fewer than six of its members, a final 728
order that contains the board's findings. In that final order, 729
the board may order any of the sanctions identified under 730
division (A) or (B) of this section. 731
(K) Any action taken by the board under division (B) of 733
this section resulting in a suspension from practice shall be 734
accompanied by a written statement of the conditions under which 735
the individual's certificate to practice may be reinstated. The 737
board shall adopt rules governing conditions to be imposed for 738
reinstatement. Reinstatement of a certificate suspended pursuant 739
to division (B) of this section requires an affirmative vote of 740
not fewer than six members of the board. 741
(L) When the board refuses to grant a certificate to an 744
applicant, revokes an individual's certificate to practice, 746
refuses to register an applicant, or refuses to reinstate an 747
individual's certificate to practice, the board may specify that 748
its action is permanent. An individual subject to a permanent 749
action taken by the board is forever thereafter ineligible to 750
hold a certificate to practice and the board shall not accept an 751
application for reinstatement of the certificate or for issuance 752
of a new certificate.
(M) Notwithstanding any other provision of the Revised 754
Code, all of the following apply: 755
(1) The surrender of a certificate issued under this 757
chapter shall not be effective unless or until accepted by the 759
board. Reinstatement of a certificate surrendered to the board 760
requires an affirmative vote of not fewer than six members of the 761
board.
18
(2) An application for a certificate made under the 764
provisions of this chapter may not be withdrawn without approval 766
of the board.
(3) Failure by an individual to renew a certificate of 769
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 771
under this section against the individual. 772
(N) Sanctions shall not be imposed under division (B)(28) 775
of this section against any person who waives deductibles and 776
copayments as follows:
(1) In compliance with the health benefit plan that 778
expressly allows such a practice. Waiver of the deductibles or 779
copayments shall be made only with the full knowledge and consent 780
of the plan purchaser, payer, and third-party administrator. 781
Documentation of the consent shall be made available to the board 782
upon request.
(2) For professional services rendered to any other person 784
authorized to practice pursuant to this chapter, to the extent 786
allowed by this chapter and rules adopted by the board. 787
(O) Under the board's investigative duties described in 789
this section and subject to division (F) of this section, the 791
board shall develop and implement a quality intervention program 793
designed to improve through remedial education the clinical and 795
communication skills of individuals authorized under this chapter 796
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 798
quality intervention program, the board may do all of the 799
following:
(1) Offer in appropriate cases as determined by the board 801
an educational and assessment program pursuant to an 802
investigation the board conducts under this section; 803
(2) Select providers of educational and assessment 805
services, including a quality intervention program panel of case 806
reviewers;
19
(3) Make referrals to educational and assessment service 809
providers and approve individual educational programs recommended 810
by those providers. The board shall monitor the progress of each 811
individual undertaking a recommended individual educational 812
program. 813
(4) Determine what constitutes successful completion of an 815
individual educational program and require further monitoring of 816
the individual who completed the program or other action that the 818
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 820
Revised Code to further implement the quality intervention 822
program.
An individual who participates in an individual educational 825
program pursuant to this division shall pay the financial 826
obligations arising from that educational program. 827
Sec. 4731.24. Except as provided in sections 4731.281 and 837
4731.40 of the Revised Code, all receipts of the state medical 838
board, from any source, shall be deposited in the state treasury. 839
Until July 1, 1998, the funds shall be deposited to the credit of 840
the occupational licensing and regulatory fund. On and after 841
July 1, 1998, the funds shall be deposited to the credit of the 842
state medical board operating fund, which is hereby created on 843
July 1, 1998. All funds deposited into the state treasury under 844
this section shall be used solely for the administration and 845
enforcement of this chapter and Chapter CHAPTERS 4730. AND 4762. 847
of the Revised Code by the board.
Sec. 4731.25. The state medical board, in accordance with 856
Chapter 119. of the Revised Code, shall adopt and may amend and 857
rescind rules establishing standards for approval of physicians 858
and facilities as treatment providers for impaired practitioners 859
who are regulated under this chapter or Chapter 4730. OR 4762. of 861
the Revised Code. The rules shall include standards for both 862
inpatient and outpatient treatment. The rules shall provide that 863
in order to be approved, a treatment provider must have the 864
20
capability of making an initial examination to determine what 865
type of treatment an impaired practitioner requires. Subject to 866
the rules, the board shall review and approve treatment providers 867
on a regular basis. The board, at its discretion, may withdraw 868
or deny approval subject to the rules. 869
An approved impaired practitioner treatment provider shall: 871
(A) Report to the board the name of any practitioner 873
suffering or showing evidence of suffering impairment as 874
described in division (B)(5) of section 4730.25 of the Revised 876
Code or, division (B)(26) of section 4731.22 of the Revised Code, 878
OR DIVISION (B)(6) OF SECTION 4762.13 OF THE REVISED CODE who
fails to comply within one week with a referral for examination; 880
(B) Report to the board the name of any impaired 882
practitioner who fails to enter treatment within forty-eight 883
hours following the provider's determination that the 884
practitioner needs treatment; 885
(C) Require every practitioner who enters treatment to 887
agree to a treatment contract establishing the terms of treatment 888
and aftercare, including any required supervision or restrictions 889
of practice during treatment or aftercare; 890
(D) Require a practitioner to suspend practice upon entry 892
into any required inpatient treatment; 893
(E) Report to the board any failure by an impaired 895
practitioner to comply with the terms of the treatment contract 896
during inpatient or outpatient treatment or aftercare; 897
(F) Report to the board the resumption of practice of any 899
impaired practitioner before the treatment provider has made a 900
clear determination that the practitioner is capable of 901
practicing according to acceptable and prevailing standards of 902
care; 903
(G) Require a practitioner who resumes practice after 905
completion of treatment to comply with an aftercare contract that 906
meets the requirements of rules adopted by the board for approval 907
of treatment providers; 908
21
(H) Report the identity of any practitioner practicing 910
under the terms of an aftercare contract to hospital 911
administrators, medical chiefs of staff, and chairpersons of 912
impaired practitioner committees of all health care institutions 914
at which the practitioner holds clinical privileges or otherwise 915
practices. If the practitioner does not hold clinical privileges 917
at any health care institution, the treatment provider shall 918
report the practitioner's identity to the impaired practitioner 919
committee of the county medical society, osteopathic academy, or 920
podiatric medical association in every county in which the 921
practitioner practices. If there are no impaired practitioner 922
committees in the county, the treatment provider shall report the 924
practitioner's identity to the president or other designated 925
member of the county medical society, osteopathic academy, or 926
podiatric medical association. 927
(I) Report to the board the identity of any practitioner 929
who suffers a relapse at any time during or following aftercare. 930
Any individual authorized to practice under this chapter 933
who enters into treatment by an approved treatment provider shall 934
be deemed to have waived any confidentiality requirements that 935
would otherwise prevent the treatment provider from making 936
reports required under this section. 937
In the absence of fraud or bad faith, no person or 939
organization that conducts an approved impaired practitioner 940
treatment program, no member of such an organization, and no 942
employee, representative, or agent of the treatment provider 943
shall be held liable in damages to any person by reason of 944
actions taken or recommendations made by the treatment provider 945
or its employees, representatives, or agents.
Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the 954
Revised Code shall not prohibit service in case of emergency, or 955
domestic administration of family remedies. Such sections shall 956
not apply to a commissioned medical officer of the United States 957
army, navy, or marine hospital service in the discharge of his 958
22
THE OFFICER'S professional duties, or to a regularly qualified 959
dentist when engaged exclusively in the practice of dentistry, or 961
when administering anaesthetics, or to a physician or surgeon 962
residing in another state or territory who is a legal 963
practitioner of medicine or surgery therein, when in consultation 964
with a regular practitioner of this state; nor shall such 965
sections apply to a physician or surgeon residing on the border 966
of a neighboring state and authorized under the laws thereof to 967
practice medicine and surgery therein, whose practice extends 968
within the limits of this state; provided equal rights and 969
privileges are accorded by such neighboring state to the 970
physicians and surgeons residing on the border of this state 971
contiguous to such neighboring state. Such practitioner shall not 972
open an office or appoint a place to see patients or receive 973
calls within the limits of this state.
(B) SECTIONS 4731.01 TO 4731.47 OF THE REVISED CODE DO NOT 975
APPLY TO AN ACUPUNCTURIST WHO COMPLIES WITH SECTIONS 4762.01 TO 976
4762.11 OF THE REVISED CODE.
(C) Sections 4731.51 to 4731.61 of the Revised Code do not 978
apply to any graduate of a podiatric school or college while 979
performing those acts that may be prescribed by or incidental to 980
participation in an accredited podiatric internship, residency, 981
or fellowship program situated in this state approved by the 982
state medical board. 983
Sec. 4762.01. AS USED IN THIS CHAPTER: 985
(A) "ACUPUNCTURE" MEANS A FORM OF HEALTH CARE PERFORMED BY 987
THE INSERTION AND REMOVAL OF SPECIALIZED NEEDLES, WITH OR WITHOUT 988
THE APPLICATION OF MOXIBUSTION OR ELECTRICAL STIMULATION, TO 989
SPECIFIC AREAS OF THE BODY. 990
(B) "MOXIBUSTION" MEANS THE USE OF AN HERBAL HEAT SOURCE 991
ON ONE OR MORE ACUPUNCTURE POINTS. 992
(C) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 995
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY. 996
23
Sec. 4762.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 998
THIS SECTION, NO PERSON SHALL ENGAGE IN THE PRACTICE OF 999
ACUPUNCTURE UNLESS THE PERSON HOLDS A VALID CERTIFICATE OF 1,000
REGISTRATION ISSUED BY THE STATE MEDICAL BOARD UNDER SECTION 1,002
4762.04 OF THE REVISED CODE.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO A 1,006
PHYSICIAN OR TO A PERSON WHO PERFORMS ACUPUNCTURE AS PART OF A
TRAINING PROGRAM LEADING TOWARD DESIGNATION AS A DIPLOMATE IN 1,007
ACUPUNCTURE BY THE NATIONAL CERTIFICATION COMMISSION FOR 1,008
ACUPUNCTURE AND ORIENTAL MEDICINE. 1,009
Sec. 4762.03. (A) AN INDIVIDUAL SEEKING A CERTIFICATE OF 1,011
REGISTRATION AS AN ACUPUNCTURIST SHALL FILE WITH THE STATE 1,012
MEDICAL BOARD A WRITTEN APPLICATION ON A FORM PRESCRIBED AND 1,013
SUPPLIED BY THE BOARD. THE APPLICATION SHALL INCLUDE ALL OF THE 1,014
FOLLOWING:
(1) SATISFACTORY PROOF THAT THE APPLICANT IS AT LEAST 1,016
EIGHTEEN YEARS OF AGE AND OF GOOD MORAL CHARACTER; 1,017
(2) PROOF THAT THE APPLICANT HAS BEEN DESIGNATED AS A 1,019
DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL CERTIFICATION COMMISSION 1,020
FOR ACUPUNCTURE AND ORIENTAL MEDICINE AND THAT THE DESIGNATION IS 1,021
CURRENT AND ACTIVE;
(3) ANY OTHER INFORMATION THE BOARD REQUIRES. 1,023
(B) THE BOARD SHALL REVIEW ALL APPLICATIONS RECEIVED UNDER 1,025
THIS SECTION. THE BOARD SHALL DETERMINE WHETHER AN APPLICANT 1,026
MEETS THE REQUIREMENTS TO RECEIVE A CERTIFICATE OF REGISTRATION 1,028
NOT LATER THAN SIXTY DAYS AFTER RECEIVING A COMPLETE APPLICATION. 1,029
THE AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD 1,031
IS REQUIRED TO DETERMINE THAT AN APPLICANT MEETS THE REQUIREMENTS 1,032
FOR A CERTIFICATE.
(C) AT THE TIME OF MAKING APPLICATION FOR A CERTIFICATE OF 1,034
REGISTRATION, THE APPLICANT SHALL PAY THE BOARD A FEE OF ONE 1,036
HUNDRED DOLLARS, NO PART OF WHICH SHALL BE RETURNED. SUCH FEES 1,037
SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION 4731.24 OF THE 1,038
REVISED CODE.
24
Sec. 4762.04. IF THE STATE MEDICAL BOARD DETERMINES UNDER 1,040
SECTION 4762.03 OF THE REVISED CODE THAT AN APPLICANT MEETS THE 1,041
REQUIREMENTS FOR A CERTIFICATE OF REGISTRATION AS AN 1,042
ACUPUNCTURIST, THE SECRETARY OF THE BOARD SHALL REGISTER THE 1,043
APPLICANT AS AN ACUPUNCTURIST AND ISSUE TO THE APPLICANT A
CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST. THE CERTIFICATE 1,044
SHALL EXPIRE BIENNIALLY AND MAY BE RENEWED IN ACCORDANCE WITH 1,045
SECTION 4762.05 OF THE REVISED CODE.
UPON APPLICATION BY THE HOLDER OF A CERTIFICATE OF 1,047
REGISTRATION, THE BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO 1,048
REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, 1,049
OR FOR ANY OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE 1,050
CERTIFICATE IS THIRTY-FIVE DOLLARS.
Sec. 4762.05. (A) A PERSON SEEKING TO RENEW A CERTIFICATE 1,052
OF REGISTRATION AS AN ACUPUNCTURIST SHALL, ON OR BEFORE THE 1,053
THIRTY-FIRST DAY OF JANUARY OF EACH EVEN-NUMBERED YEAR, APPLY FOR 1,055
RENEWAL OF THE CERTIFICATE. THE STATE MEDICAL BOARD SHALL SEND 1,056
RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE EXPIRATION DATE. 1,058
APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE 1,060
BOARD SHALL PRESCRIBE AND FURNISH. EACH APPLICATION SHALL BE 1,061
ACCOMPANIED BY A BIENNIAL RENEWAL FEE OF FIFTY DOLLARS. THE 1,062
BOARD SHALL DEPOSIT THE FEES IN ACCORDANCE WITH SECTION 4731.24 1,063
OF THE REVISED CODE.
THE APPLICANT SHALL REPORT ANY CRIMINAL OFFENSE THAT 1,065
CONSTITUTES GROUNDS FOR REFUSING TO ISSUE A CERTIFICATE OF 1,066
REGISTRATION UNDER SECTION 4762.13 OF THE REVISED CODE TO WHICH 1,067
THE APPLICANT HAS PLEADED GUILTY, OF WHICH THE APPLICANT HAS BEEN 1,069
FOUND GUILTY, OR FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE 1,070
FOR TREATMENT IN LIEU OF CONVICTION, SINCE LAST SIGNING AN 1,072
APPLICATION FOR A CERTIFICATE OF REGISTRATION AS AN 1,073
ACUPUNCTURIST.
(B) TO BE ELIGIBLE FOR RENEWAL, AN ACUPUNCTURIST MUST 1,075
CERTIFY TO THE BOARD THAT THE ACUPUNCTURIST HAS MAINTAINED A 1,076
DESIGNATION AS A DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL 1,077
25
CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE. 1,078
(C) IF AN APPLICANT SUBMITS A COMPLETE RENEWAL APPLICATION 1,080
AND QUALIFIES FOR RENEWAL PURSUANT TO DIVISION (B) OF THIS 1,082
SECTION, THE BOARD SHALL ISSUE TO THE APPLICANT A RENEWED 1,083
CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST. 1,084
(D) A CERTIFICATE OF REGISTRATION THAT IS NOT RENEWED ON 1,086
OR BEFORE ITS EXPIRATION DATE IS AUTOMATICALLY SUSPENDED ON ITS 1,089
EXPIRATION DATE. THE STATE MEDICAL BOARD SHALL REINSTATE A 1,090
CERTIFICATE SUSPENDED FOR FAILURE TO RENEW UPON AN APPLICANT'S 1,091
SUBMISSION OF THE BIENNIAL RENEWAL FEE AND THE APPLICABLE 1,092
MONETARY PENALTY. THE PENALTY FOR REINSTATEMENT IS TWENTY-FIVE 1,093
DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR 1,094
LESS AND FIFTY DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR 1,095
MORE THAN TWO YEARS. THE BOARD SHALL DEPOSIT PENALTIES IN 1,096
ACCORDANCE WITH SECTION 4731.24 OF THE REVISED CODE. 1,097
A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN 1,099
ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE 1,100
UNDER SECTION 4762.13 OF THE REVISED CODE. THE BOARD SHALL 1,102
DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 OF THE 1,103
REVISED CODE.
Sec. 4762.06. (A) AN ACUPUNCTURIST SHALL PRACTICE 1,105
ACUPUNCTURE UNDER THE WRITTEN REFERRAL OR PRESCRIPTION AND 1,106
GENERAL SUPERVISION OF A PHYSICIAN AS SPECIFIED IN DIVISION (B) 1,108
OF THIS SECTION. THE SUPERVISING PHYSICIAN IS NOT REQUIRED TO BE 1,109
REGISTERED WITH A BOARD AS AN ACUPUNCTURIST. AN ACUPUNCTURIST IS 1,110
NOT REQUIRED TO PRACTICE ACUPUNCTURE ON THE PREMISES OF THE
OFFICE OF A PHYSICIAN. 1,111
(B) A SUPERVISING PHYSICIAN SHALL DO ALL OF THE FOLLOWING: 1,113
(1) PRIOR TO ACUPUNCTURE TREATMENT, PERFORM A MEDICAL 1,115
DIAGNOSTIC EXAMINATION OR REVIEW THE RESULTS OF A RECENTLY 1,116
PERFORMED MEDICAL DIAGNOSTIC EXAMINATION WITH RESPECT TO ANY 1,117
AILMENT OR CONDITION TO BE TREATED BY ACUPUNCTURE; 1,118
(2) BE PERSONALLY AVAILABLE FOR CONSULTATION ON THE 1,120
PREMISES AT WHICH ACUPUNCTURE IS PERFORMED OR BE READILY 1,121
26
AVAILABLE TO THE ACUPUNCTURIST THROUGH SOME MEANS OF 1,122
TELECOMMUNICATION AND BE IN A LOCATION THAT UNDER NORMAL
CIRCUMSTANCES IS NOT MORE THAN SIXTY MINUTES TRAVEL TIME AWAY 1,123
FROM THE LOCATION WHERE THE ACUPUNCTURIST IS PRACTICING; 1,124
(3) PLACE CONDITIONS AND RESTRICTIONS ON THE COURSE OF 1,126
TREATMENT IN COMPLIANCE WITH ACCEPTED OR PREVAILING STANDARDS OF 1,127
MEDICAL CARE.
Sec. 4762.07. A PERSON WHO HOLDS A CERTIFICATE ISSUED 1,129
UNDER SECTION 4762.04 OF THE REVISED CODE MAY USE ONLY THE 1,131
FOLLOWING TITLES, INITIALS, OR ABBREVIATIONS, OR THE EQUIVALENT 1,132
OF SUCH TITLES, INITIALS, OR ABBREVIATIONS TO IDENTIFY THE PERSON 1,133
AS AN ACUPUNCTURIST: "ACUPUNCTURIST," "REGISTERED 1,135
ACUPUNCTURIST," "C.A.," "C.AC.," "CERTIFIED ACUPUNCTURIST," 1,137
"DIPL. AC (NCCAOM)," "DIPLOMATE OF ACUPUNCTURE (NCCAOM)," 1,139
"LICENSED ACUPUNCTURIST," "NATIONAL BOARD CERTIFIED IN 1,141
ACUPUNCTURE (NCCAOM)," "R.AC.," OR "REG. AC." 1,143
Sec. 4762.08. PRIOR TO TREATING A PATIENT, AN 1,145
ACUPUNCTURIST SHALL ADVISE THE PATIENT THAT ACUPUNCTURE IS NOT A 1,146
SUBSTITUTE FOR CONVENTIONAL MEDICAL DIAGNOSIS AND TREATMENT. 1,147
Sec. 4762.09. WHEN FIRST MEETING A PATIENT IN PERSON, AN 1,149
ACUPUNCTURIST SHALL PROVIDE IN WRITING THE ACUPUNCTURIST'S NAME, 1,150
BUSINESS ADDRESS, AND BUSINESS TELEPHONE NUMBER, AND INFORMATION 1,152
ON ACUPUNCTURE, INCLUDING THE TECHNIQUES THAT ARE USED. 1,153
Sec. 4762.10. AN ACUPUNCTURIST SHALL MAINTAIN RECORDS FOR 1,155
EACH PATIENT TREATED. THE RECORDS SHALL BE CONFIDENTIAL AND 1,156
SHALL BE RETAINED FOR NOT LESS THAN THREE YEARS FOLLOWING 1,158
TERMINATION OF TREATMENT.
Sec. 4762.11. AN ACUPUNCTURIST SHALL CONSPICUOUSLY DISPLAY 1,160
AT THE ACUPUNCTURIST'S PRIMARY PLACE OF BUSINESS BOTH OF THE 1,161
FOLLOWING:
(A) A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE 1,163
MEDICAL BOARD AS EVIDENCE THAT THE ACUPUNCTURIST IS CERTIFIED TO 1,164
PRACTICE ACUPUNCTURE IN THIS STATE; 1,165
(B) A NOTICE SPECIFYING THAT THE PRACTICE OF ACUPUNCTURE 1,167
27
IS REGULATED BY THE STATE MEDICAL BOARD AND THE ADDRESS AND 1,168
TELEPHONE NUMBER OF THE BOARD'S OFFICE. 1,169
Sec. 4762.13. (A) THE STATE MEDICAL BOARD, BY AN 1,172
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, MAY REVOKE OR MAY 1,173
REFUSE TO GRANT A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST 1,174
TO A PERSON FOUND BY THE BOARD TO HAVE COMMITTED FRAUD, 1,175
MISREPRESENTATION, OR DECEPTION IN APPLYING FOR OR SECURING THE 1,176
CERTIFICATE. 1,177
(B) THE BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN 1,180
SIX MEMBERS, SHALL, TO THE EXTENT PERMITTED BY LAW, LIMIT, 1,181
REVOKE, OR SUSPEND AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS 1,182
AN ACUPUNCTURIST, REFUSE TO ISSUE A CERTIFICATE TO AN APPLICANT, 1,183
REFUSE TO REINSTATE A CERTIFICATE, OR REPRIMAND OR PLACE ON 1,184
PROBATION THE HOLDER OF A CERTIFICATE FOR ANY OF THE FOLLOWING 1,186
REASONS:
(1) PERMITTING THE HOLDER'S NAME OR CERTIFICATE TO BE USED 1,188
BY ANOTHER PERSON; 1,189
(2) FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS 1,191
CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR ANY RULES ADOPTED 1,193
BY THE BOARD;
(3) VIOLATING OR ATTEMPTING TO VIOLATE, DIRECTLY OR 1,195
INDIRECTLY, OR ASSISTING IN OR ABETTING THE VIOLATION OF, OR 1,196
CONSPIRING TO VIOLATE, ANY PROVISION OF THIS CHAPTER, CHAPTER 1,198
4731. OF THE REVISED CODE, OR THE RULES ADOPTED BY THE BOARD; 1,199
(4) A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL 1,201
STANDARDS OF CARE OF SIMILAR PRACTITIONERS UNDER THE SAME OR 1,202
SIMILAR CIRCUMSTANCES WHETHER OR NOT ACTUAL INJURY TO THE PATIENT 1,203
IS ESTABLISHED;
(5) INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND 1,206
PREVAILING STANDARDS OF CARE BY REASON OF MENTAL ILLNESS OR 1,207
PHYSICAL ILLNESS, INCLUDING PHYSICAL DETERIORATION THAT ADVERSELY 1,208
AFFECTS COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS;
(6) IMPAIRMENT OF ABILITY TO PRACTICE ACCORDING TO 1,210
ACCEPTABLE AND PREVAILING STANDARDS OF CARE BECAUSE OF HABITUAL 1,211
28
OR EXCESSIVE USE OR ABUSE OF DRUGS, ALCOHOL, OR OTHER SUBSTANCES 1,212
THAT IMPAIR ABILITY TO PRACTICE; 1,213
(7) WILLFULLY BETRAYING A PROFESSIONAL CONFIDENCE; 1,215
(8) MAKING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING 1,218
STATEMENT IN SOLICITING OR ADVERTISING FOR PATIENTS OR IN 1,219
SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF REGISTRATION TO 1,220
PRACTICE AS AN ACUPUNCTURIST.
AS USED IN THIS DIVISION, "FALSE, FRAUDULENT, DECEPTIVE, OR 1,223
MISLEADING STATEMENT" MEANS A STATEMENT THAT INCLUDES A 1,224
MISREPRESENTATION OF FACT, IS LIKELY TO MISLEAD OR DECEIVE 1,225
BECAUSE OF A FAILURE TO DISCLOSE MATERIAL FACTS, IS INTENDED OR 1,226
IS LIKELY TO CREATE FALSE OR UNJUSTIFIED EXPECTATIONS OF 1,227
FAVORABLE RESULTS, OR INCLUDES REPRESENTATIONS OR IMPLICATIONS 1,228
THAT IN REASONABLE PROBABILITY WILL CAUSE AN ORDINARILY PRUDENT 1,229
PERSON TO MISUNDERSTAND OR BE DECEIVED.
(9) REPRESENTING, WITH THE PURPOSE OF OBTAINING 1,231
COMPENSATION OR OTHER ADVANTAGE PERSONALLY OR FOR ANY OTHER 1,232
PERSON, THAT AN INCURABLE DISEASE OR INJURY, OR OTHER INCURABLE 1,233
CONDITION, CAN BE PERMANENTLY CURED; 1,234
(10) THE OBTAINING OF, OR ATTEMPTING TO OBTAIN, MONEY OR 1,236
ANYTHING OF VALUE BY FRAUDULENT MISREPRESENTATIONS IN THE COURSE 1,237
OF PRACTICE; 1,238
(11) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 1,241
OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 1,242
CONVICTION FOR, A FELONY;
(12) COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN 1,244
THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS 1,245
COMMITTED; 1,246
(13) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 1,249
OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 1,250
CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF
PRACTICE; 1,251
(14) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 1,254
OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 1,255
29
CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE; 1,256
(15) COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT 1,258
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 1,260
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 1,261
(16) COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT 1,263
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 1,264
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 1,265
(17) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 1,268
OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 1,269
CONVICTION FOR VIOLATING ANY STATE OR FEDERAL LAW REGULATING THE 1,270
POSSESSION, DISTRIBUTION, OR USE OF ANY DRUG, INCLUDING 1,271
TRAFFICKING IN DRUGS;
(18) ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE 1,274
AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF ACUPUNCTURE IN
ANOTHER STATE, FOR ANY REASON OTHER THAN THE NONPAYMENT OF FEES: 1,276
THE LIMITATION, REVOCATION, OR SUSPENSION OF AN INDIVIDUAL'S 1,277
LICENSE TO PRACTICE; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE 1,279
SURRENDER; DENIAL OF A LICENSE; REFUSAL TO RENEW OR REINSTATE A 1,280
LICENSE; IMPOSITION OF PROBATION; OR ISSUANCE OF AN ORDER OF 1,281
CENSURE OR OTHER REPRIMAND;
(19) VIOLATION OF THE CONDITIONS PLACED BY THE BOARD ON A 1,284
CERTIFICATE OF REGISTRATION;
(20) FAILURE TO USE UNIVERSAL BLOOD AND BODY FLUID 1,286
PRECAUTIONS ESTABLISHED BY RULES ADOPTED UNDER SECTION 4731.051 1,287
OF THE REVISED CODE; 1,288
(21) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 1,290
THE BOARD UNDER SECTION 4762.15 OF THE REVISED CODE, INCLUDING 1,292
FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR 1,293
FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT 1,294
A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE 1,295
TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS 1,296
FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT 1,297
JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA 1,298
OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE 1,299
30
IN ISSUE;
(22) FAILURE TO COMPLY WITH THE STANDARDS OF THE NATIONAL 1,301
CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE 1,302
REGARDING PROFESSIONAL ETHICS, COMMITMENT TO PATIENTS, COMMITMENT 1,303
TO THE PROFESSION, AND COMMITMENT TO THE PUBLIC. 1,304
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 1,306
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 1,307
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT 1,309
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 1,311
CONSENT AGREEMENT WITH AN ACUPUNCTURIST OR APPLICANT TO RESOLVE 1,312
AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED 1,313
UNDER IT. A CONSENT AGREEMENT, WHEN RATIFIED BY AN AFFIRMATIVE 1,315
VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD, SHALL CONSTITUTE 1,316
THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 1,317
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 1,318
CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE 1,319
CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT. 1,320
(D) FOR PURPOSES OF DIVISIONS (B)(12), (15), AND (16) OF 1,322
THIS SECTION, THE COMMISSION OF THE ACT MAY BE ESTABLISHED BY A 1,323
FINDING BY THE BOARD, PURSUANT TO AN ADJUDICATION UNDER CHAPTER 1,325
119. OF THE REVISED CODE, THAT THE APPLICANT OR CERTIFICATE 1,326
HOLDER COMMITTED THE ACT IN QUESTION. THE BOARD SHALL HAVE NO
JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE THE TRIAL COURT 1,327
RENDERS A FINAL JUDGMENT IN THE CERTIFICATE HOLDER'S FAVOR AND 1,328
THAT JUDGMENT IS BASED UPON AN ADJUDICATION ON THE MERITS. THE 1,329
BOARD SHALL HAVE JURISDICTION UNDER THESE DIVISIONS IN CASES 1,330
WHERE THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL 1,331
OR PROCEDURAL GROUNDS. 1,332
(E) THE SEALING OF CONVICTION RECORDS BY ANY COURT SHALL 1,334
HAVE NO EFFECT UPON A PRIOR BOARD ORDER ENTERED UNDER THE 1,335
PROVISIONS OF THIS SECTION OR UPON THE BOARD'S JURISDICTION TO 1,336
TAKE ACTION UNDER THE PROVISIONS OF THIS SECTION IF, BASED UPON A 1,337
PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A JUDICIAL 1,339
FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION, THE 1,341
31
BOARD ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO THE 1,342
COURT'S ORDER TO SEAL THE RECORDS. THE BOARD SHALL NOT BE 1,343
REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS 1,344
RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS. 1,345
(F) FOR PURPOSES OF THIS DIVISION, ANY INDIVIDUAL WHO 1,348
HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER, OR 1,349
APPLIES FOR A CERTIFICATE OF REGISTRATION, SHALL BE DEEMED TO 1,350
HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION 1,351
WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD AND TO HAVE WAIVED 1,352
ALL OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION 1,353
REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION. 1,354
(1) IN ENFORCING DIVISION (B)(5) OF THIS SECTION, THE 1,357
BOARD, UPON A SHOWING OF A POSSIBLE VIOLATION, MAY COMPEL ANY 1,358
INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER 1,359
THIS CHAPTER OR WHO HAS APPLIED FOR A CERTIFICATE OF REGISTRATION 1,360
PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL EXAMINATION, 1,361
PHYSICAL EXAMINATION, INCLUDING AN HIV TEST, OR BOTH A MENTAL AND 1,362
PHYSICAL EXAMINATION. THE EXPENSE OF THE EXAMINATION IS THE 1,364
RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. 1,365
FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION OR CONSENT 1,366
TO AN HIV TEST ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF 1,367
THE ALLEGATIONS AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE 1,368
TO CIRCUMSTANCES BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT 1,369
AND FINAL ORDER MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR 1,370
PRESENTATION OF EVIDENCE. IF THE BOARD FINDS AN ACUPUNCTURIST 1,371
UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION 1,373
(B)(5) OF THIS SECTION, THE BOARD SHALL REQUIRE THE ACUPUNCTURIST 1,374
TO SUBMIT TO CARE, COUNSELING, OR TREATMENT BY PHYSICIANS 1,375
APPROVED OR DESIGNATED BY THE BOARD, AS A CONDITION FOR AN 1,376
INITIAL, CONTINUED, REINSTATED, OR RENEWED CERTIFICATE OF 1,377
REGISTRATION. AN INDIVIDUAL AFFECTED UNDER THIS DIVISION SHALL 1,378
BE AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE BOARD THE 1,379
ABILITY TO RESUME PRACTICING IN COMPLIANCE WITH ACCEPTABLE AND 1,380
PREVAILING STANDARDS OF CARE.
32
(2) FOR PURPOSES OF DIVISION (B)(6) OF THIS SECTION, IF 1,383
THE BOARD HAS REASON TO BELIEVE THAT ANY INDIVIDUAL WHO HOLDS A 1,384
CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR ANY 1,385
APPLICANT FOR A CERTIFICATE OF REGISTRATION SUFFERS SUCH
IMPAIRMENT, THE BOARD MAY COMPEL THE INDIVIDUAL TO SUBMIT TO A 1,386
MENTAL OR PHYSICAL EXAMINATION, OR BOTH. THE EXPENSE OF THE 1,387
EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO 1,390
BE EXAMINED. ANY MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER 1,392
THIS DIVISION SHALL BE UNDERTAKEN BY A TREATMENT PROVIDER OR 1,393
PHYSICIAN QUALIFIED TO CONDUCT SUCH EXAMINATION AND CHOSEN BY THE 1,394
BOARD.
FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION 1,397
ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS 1,399
AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES 1,400
BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER 1,401
MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF 1,402
EVIDENCE. IF THE BOARD DETERMINES THAT THE INDIVIDUAL'S ABILITY 1,403
TO PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S 1,404
CERTIFICATE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL 1,405
REQUIRE THE INDIVIDUAL, AS A CONDITION FOR INITIAL, CONTINUED, 1,406
REINSTATED, OR RENEWED LICENSURE TO PRACTICE, TO SUBMIT TO 1,407
TREATMENT. 1,408
BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A 1,410
CERTIFICATE SUSPENDED UNDER THIS DIVISION, THE ACUPUNCTURIST 1,411
SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME PRACTICE IN 1,413
COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE. THE 1,414
DEMONSTRATION SHALL INCLUDE THE FOLLOWING: 1,415
(a) CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER 1,418
SECTION 4731.25 OF THE REVISED CODE THAT THE INDIVIDUAL HAS 1,419
SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT; 1,420
(b) EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN 1,423
AFTERCARE CONTRACT OR CONSENT AGREEMENT;
(c) TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S 1,426
ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS 1,427
33
BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND
PREVAILING STANDARDS OF CARE. THE REPORTS SHALL BE MADE BY 1,428
INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING SUCH 1,429
ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION. 1,431
THE BOARD MAY REINSTATE A CERTIFICATE SUSPENDED UNDER THIS 1,434
DIVISION AFTER SUCH DEMONSTRATION AND AFTER THE INDIVIDUAL HAS 1,435
ENTERED INTO A WRITTEN CONSENT AGREEMENT.
WHEN THE IMPAIRED ACUPUNCTURIST RESUMES PRACTICE, THE BOARD 1,438
SHALL REQUIRE CONTINUED MONITORING OF THE ACUPUNCTURIST. THE
MONITORING SHALL INCLUDE COMPLIANCE WITH THE WRITTEN CONSENT 1,441
AGREEMENT ENTERED INTO BEFORE REINSTATEMENT OR WITH CONDITIONS 1,442
IMPOSED BY BOARD ORDER AFTER A HEARING, AND, UPON TERMINATION OF 1,443
THE CONSENT AGREEMENT, SUBMISSION TO THE BOARD FOR AT LEAST TWO 1,444
YEARS OF ANNUAL WRITTEN PROGRESS REPORTS MADE UNDER PENALTY OF 1,445
FALSIFICATION STATING WHETHER THE ACUPUNCTURIST HAS MAINTAINED
SOBRIETY. 1,446
(G) IF THE SECRETARY AND SUPERVISING MEMBER DETERMINE THAT 1,449
THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN ACUPUNCTURIST HAS 1,450
VIOLATED DIVISION (B) OF THIS SECTION AND THAT THE INDIVIDUAL'S 1,451
CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE AND SERIOUS 1,452
HARM TO THE PUBLIC, THEY MAY RECOMMEND THAT THE BOARD SUSPEND THE 1,453
INDIVIDUAL'S CERTIFICATE TO PRACTICE WITHOUT A PRIOR HEARING. 1,455
WRITTEN ALLEGATIONS SHALL BE PREPARED FOR CONSIDERATION BY THE 1,456
BOARD.
THE BOARD, UPON REVIEW OF THOSE ALLEGATIONS AND BY AN 1,458
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS MEMBERS, EXCLUDING 1,460
THE SECRETARY AND SUPERVISING MEMBER, MAY SUSPEND A CERTIFICATE 1,461
WITHOUT A PRIOR HEARING. A TELEPHONE CONFERENCE CALL MAY BE 1,462
UTILIZED FOR REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE 1,463
SUMMARY SUSPENSION. 1,464
THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY 1,466
CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF 1,467
THE REVISED CODE. THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION 1,469
BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION 1,470
34
119.12 OF THE REVISED CODE. IF THE ACUPUNCTURIST REQUESTS AN 1,471
ADJUDICATORY HEARING BY THE BOARD, THE DATE SET FOR THE HEARING 1,472
SHALL BE WITHIN FIFTEEN DAYS, BUT NOT EARLIER THAN SEVEN DAYS, 1,473
AFTER THE ACUPUNCTURIST REQUESTS THE HEARING, UNLESS OTHERWISE 1,474
AGREED TO BY BOTH THE BOARD AND THE CERTIFICATE HOLDER. 1,475
A SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL 1,477
REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL 1,478
ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO THIS SECTION 1,479
AND CHAPTER 119. OF THE REVISED CODE BECOMES EFFECTIVE. THE 1,481
BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE ORDER WITHIN SIXTY DAYS 1,482
AFTER COMPLETION OF ITS HEARING. FAILURE TO ISSUE THE ORDER 1,483
WITHIN SIXTY DAYS SHALL RESULT IN DISSOLUTION OF THE SUMMARY 1,484
SUSPENSION ORDER, BUT SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL 1,485
ADJUDICATIVE ORDER.
(H) IF THE BOARD TAKES ACTION UNDER DIVISION (B)(11), 1,489
(13), OR (14) OF THIS SECTION, AND THE JUDICIAL FINDING OF GUILT, 1,490
GUILTY PLEA, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 1,492
LIEU OF CONVICTION IS OVERTURNED ON APPEAL, UPON EXHAUSTION OF 1,493
THE CRIMINAL APPEAL, A PETITION FOR RECONSIDERATION OF THE ORDER 1,494
MAY BE FILED WITH THE BOARD ALONG WITH APPROPRIATE COURT 1,495
DOCUMENTS. UPON RECEIPT OF A PETITION AND SUPPORTING COURT 1,496
DOCUMENTS, THE BOARD SHALL REINSTATE THE CERTIFICATE OF 1,497
REGISTRATION. THE BOARD MAY THEN HOLD AN ADJUDICATION UNDER 1,498
CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER THE 1,499
INDIVIDUAL COMMITTED THE ACT IN QUESTION. NOTICE OF OPPORTUNITY 1,501
FOR HEARING SHALL BE GIVEN IN ACCORDANCE WITH CHAPTER 119. OF THE 1,502
REVISED CODE. IF THE BOARD FINDS, PURSUANT TO AN ADJUDICATION 1,503
HELD UNDER THIS DIVISION, THAT THE INDIVIDUAL COMMITTED THE ACT, 1,504
OR IF NO HEARING IS REQUESTED, IT MAY ORDER ANY OF THE SANCTIONS 1,505
IDENTIFIED UNDER DIVISION (B) OF THIS SECTION. 1,506
(I) THE CERTIFICATE OF REGISTRATION OF AN ACUPUNCTURIST 1,509
AND THE ACUPUNCTURIST'S PRACTICE IN THIS STATE ARE AUTOMATICALLY 1,510
SUSPENDED AS OF THE DATE THE ACUPUNCTURIST PLEADS GUILTY TO, IS 1,511
FOUND BY A JUDGE OR JURY TO BE GUILTY OF, OR IS SUBJECT TO A 1,512
35
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 1,513
CONVICTION FOR ANY OF THE FOLLOWING CRIMINAL OFFENSES IN THIS 1,514
STATE OR A SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER 1,515
JURISDICTION: AGGRAVATED MURDER, MURDER, VOLUNTARY MANSLAUGHTER, 1,517
FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL BATTERY, GROSS SEXUAL 1,518
IMPOSITION, AGGRAVATED ARSON, AGGRAVATED ROBBERY, OR AGGRAVATED 1,519
BURGLARY. CONTINUED PRACTICE AFTER THE SUSPENSION SHALL BE 1,521
CONSIDERED PRACTICING WITHOUT A CERTIFICATE. 1,522
THE BOARD SHALL NOTIFY THE INDIVIDUAL SUBJECT TO THE 1,525
SUSPENSION BY CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH
SECTION 119.07 OF THE REVISED CODE. IF AN INDIVIDUAL WHOSE 1,526
CERTIFICATE IS SUSPENDED UNDER THIS DIVISION FAILS TO MAKE A 1,527
TIMELY REQUEST FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE 1,529
REVISED CODE, THE BOARD SHALL ENTER A FINAL ORDER PERMANENTLY 1,530
REVOKING THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION. 1,531
(J) IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED BY 1,534
CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF OPPORTUNITY 1,535
FOR HEARING AND THE INDIVIDUAL SUBJECT TO THE NOTICE DOES NOT 1,536
TIMELY REQUEST A HEARING IN ACCORDANCE WITH SECTION 119.07 OF THE 1,538
REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING, BUT 1,539
MAY ADOPT, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS 1,541
MEMBERS, A FINAL ORDER THAT CONTAINS THE BOARD'S FINDINGS. IN 1,542
THAT FINAL ORDER, THE BOARD MAY ORDER ANY OF THE SANCTIONS 1,543
IDENTIFIED UNDER DIVISION (A) OR (B) OF THIS SECTION. 1,544
(K) ANY ACTION TAKEN BY THE BOARD UNDER DIVISION (B) OF 1,547
THIS SECTION RESULTING IN A SUSPENSION SHALL BE ACCOMPANIED BY A 1,548
WRITTEN STATEMENT OF THE CONDITIONS UNDER WHICH THE 1,549
ACUPUNCTURIST'S CERTIFICATE MAY BE REINSTATED. THE BOARD SHALL 1,551
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 1,552
GOVERNING CONDITIONS TO BE IMPOSED FOR REINSTATEMENT. 1,553
REINSTATEMENT OF A CERTIFICATE SUSPENDED PURSUANT TO DIVISION (B) 1,554
OF THIS SECTION REQUIRES AN AFFIRMATIVE VOTE OF NOT FEWER THAN 1,555
SIX MEMBERS OF THE BOARD.
(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF 1,558
36
REGISTRATION AS AN ACUPUNCTURIST TO AN APPLICANT, REVOKES AN 1,560
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO ISSUE A 1,561
CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN 1,562
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY 1,563
THAT ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A 1,564
PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER 1,565
INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS AN 1,566
ACUPUNCTURIST AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR 1,567
REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE OF A NEW 1,568
CERTIFICATE.
(M) NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED 1,571
CODE, ALL OF THE FOLLOWING APPLY:
(1) THE SURRENDER OF A CERTIFICATE OF REGISTRATION AS AN 1,574
ACUPUNCTURIST ISSUED UNDER THIS CHAPTER IS NOT EFFECTIVE UNLESS 1,575
OR UNTIL ACCEPTED BY THE BOARD. REINSTATEMENT OF A CERTIFICATE 1,576
SURRENDERED TO THE BOARD REQUIRES AN AFFIRMATIVE VOTE OF NOT 1,577
FEWER THAN SIX MEMBERS OF THE BOARD.
(2) AN APPLICATION MADE UNDER THIS CHAPTER FOR A 1,580
CERTIFICATE OF REGISTRATION, APPROVAL OF A STANDARD OR 1,581
SUPPLEMENTAL UTILIZATION PLAN, OR APPROVAL OF A SUPERVISION
AGREEMENT MAY NOT BE WITHDRAWN WITHOUT APPROVAL OF THE BOARD. 1,582
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF 1,585
REGISTRATION IN ACCORDANCE WITH SECTION 4762.05 OF THE REVISED 1,586
CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE 1,587
DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL. 1,588
Sec. 4762.14. (A) THE STATE MEDICAL BOARD SHALL 1,591
INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT ANY PERSON HAS 1,592
VIOLATED THIS CHAPTER OR A RULE ADOPTED UNDER IT. ANY PERSON MAY 1,593
REPORT TO THE BOARD IN A SIGNED WRITING ANY INFORMATION THE
PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF 1,594
THIS CHAPTER OR RULE ADOPTED UNDER IT. IN THE ABSENCE OF BAD 1,595
FAITH, A PERSON WHO REPORTS SUCH INFORMATION OR TESTIFIES BEFORE 1,596
THE BOARD IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. OF THE 1,597
REVISED CODE SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A RESULT OF 1,599
37
REPORTING THE INFORMATION OR PROVIDING TESTIMONY. EACH COMPLAINT 1,600
OR ALLEGATION OF A VIOLATION RECEIVED BY THE BOARD SHALL BE 1,601
ASSIGNED A CASE NUMBER AND BE RECORDED BY THE BOARD. 1,602
(B) INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS CHAPTER 1,604
OR RULES ADOPTED UNDER IT SHALL BE SUPERVISED BY THE SUPERVISING 1,605
MEMBER ELECTED BY THE BOARD IN ACCORDANCE WITH SECTION 4731.02 OF 1,607
THE REVISED CODE AND BY THE SECRETARY AS PROVIDED IN SECTION 1,608
4762.15 OF THE REVISED CODE. THE PRESIDENT MAY DESIGNATE ANOTHER 1,609
MEMBER OF THE BOARD TO SUPERVISE THE INVESTIGATION IN PLACE OF 1,610
THE SUPERVISING MEMBER. A MEMBER OF THE BOARD WHO SUPERVISES THE 1,611
INVESTIGATION OF A CASE SHALL NOT PARTICIPATE IN FURTHER 1,612
ADJUDICATION OF THE CASE.
(C) IN INVESTIGATING A POSSIBLE VIOLATION OF THIS CHAPTER 1,614
OR A RULE ADOPTED UNDER IT, THE BOARD MAY ADMINISTER OATHS, ORDER 1,615
THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, AND COMPEL THE 1,616
ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS, 1,617
PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY, EXCEPT THAT A SUBPOENA 1,618
FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED WITHOUT 1,619
CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND APPROVAL OF 1,620
THE SECRETARY AND SUPERVISING MEMBER OF THE BOARD. BEFORE 1,621
ISSUANCE OF A SUBPOENA FOR PATIENT RECORD INFORMATION, THE 1,623
SECRETARY AND SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS 1,624
PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A 1,625
VIOLATION OF THIS CHAPTER OR A RULE ADOPTED UNDER IT AND THAT THE 1,626
RECORDS SOUGHT ARE RELEVANT TO THE ALLEGED VIOLATION AND MATERIAL 1,627
TO THE INVESTIGATION. THE SUBPOENA MAY APPLY ONLY TO RECORDS 1,628
THAT COVER A REASONABLE PERIOD OF TIME SURROUNDING THE ALLEGED 1,630
VIOLATION.
ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD 1,633
AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE 1,634
BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS 1,635
OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE. 1,636
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 1,638
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 1,639
38
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 1,641
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 1,642
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 1,643
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS A PHYSICIAN 1,644
ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED MAIL, 1,645
RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE SUBPOENA 1,646
SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR THE DATE 1,647
THE PERSON REFUSES TO ACCEPT DELIVERY. 1,648
A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA SHALL RECEIVE THE 1,651
SAME FEES AS A SHERIFF. EACH WITNESS WHO APPEARS BEFORE THE 1,652
BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE THE FEES AND 1,653
MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE COURTS OF
COMMON PLEAS. 1,654
(D) ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE 1,656
CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 OF 1,657
THE REVISED CODE.
(E) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 1,659
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 1,660
CIVIL ACTION. 1,661
THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS 1,664
IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND 1,665
PERSONS WHO FILE COMPLAINTS WITH THE BOARD. THE BOARD SHALL NOT 1,667
MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT 1,668
PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN OR, IN 1,669
THE CASE OF A PATIENT, A WAIVER OF THE PATIENT PRIVILEGE EXISTS 1,670
UNDER DIVISION (B) OF SECTION 2317.02 OF THE REVISED CODE, EXCEPT 1,671
THAT CONSENT OR A WAIVER IS NOT REQUIRED IF THE BOARD POSSESSES 1,672
RELIABLE AND SUBSTANTIAL EVIDENCE THAT NO BONA FIDE 1,674
PHYSICIAN-PATIENT RELATIONSHIP EXISTS.
THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES PURSUANT TO 1,677
AN INVESTIGATION, INCLUDING PATIENT RECORDS AND PATIENT RECORD 1,678
INFORMATION, WITH OTHER LICENSING BOARDS AND GOVERNMENTAL 1,679
AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL MISCONDUCT 1,680
AND WITH LAW ENFORCEMENT AGENCIES AND OTHER GOVERNMENTAL AGENCIES 1,682
39
THAT ARE INVESTIGATING OR PROSECUTING ALLEGED CRIMINAL OFFENSES.
A BOARD OR AGENCY THAT RECEIVES THE INFORMATION SHALL COMPLY WITH 1,683
THE SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS THOSE WITH 1,684
WHICH THE STATE MEDICAL BOARD MUST COMPLY, NOTWITHSTANDING ANY 1,685
CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE 1,686
BOARD OR AGENCY THAT APPLIES WHEN THE BOARD OR AGENCY IS DEALING 1,687
WITH OTHER INFORMATION IN ITS POSSESSION. THE INFORMATION MAY BE 1,688
ADMITTED INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE 1,689
RULES OF EVIDENCE, BUT THE COURT SHALL REQUIRE THAT APPROPRIATE 1,690
MEASURES ARE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED 1,691
WITH RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES
OR OTHER IDENTIFYING INFORMATION ABOUT PATIENTS OR COMPLAINANTS 1,692
WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE MEDICAL BOARD 1,693
WHEN THE INFORMATION WAS IN THE BOARD'S POSSESSION. MEASURES TO 1,694
ENSURE CONFIDENTIALITY THAT MAY BE TAKEN BY THE COURT INCLUDE 1,696
SEALING ITS RECORDS OR DELETING SPECIFIC INFORMATION FROM ITS
RECORDS. 1,697
(F) THE STATE MEDICAL BOARD SHALL DEVELOP REQUIREMENTS FOR 1,700
AND PROVIDE APPROPRIATE INITIAL AND CONTINUING TRAINING FOR 1,701
INVESTIGATORS EMPLOYED BY THE BOARD TO CARRY OUT ITS DUTIES UNDER 1,702
THIS CHAPTER. THE TRAINING AND CONTINUING EDUCATION MAY INCLUDE 1,703
ENROLLMENT IN COURSES OPERATED OR APPROVED BY THE OHIO PEACE 1,704
OFFICER TRAINING COUNCIL THAT THE BOARD CONSIDERS APPROPRIATE 1,705
UNDER CONDITIONS SET FORTH IN SECTION 109.79 OF THE REVISED CODE. 1,706
(G) ON A QUARTERLY BASIS, THE BOARD SHALL PREPARE A REPORT 1,709
THAT DOCUMENTS THE DISPOSITION OF ALL CASES DURING THE PRECEDING 1,710
THREE MONTHS. THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION 1,711
FOR EACH CASE WITH WHICH THE BOARD HAS COMPLETED ITS ACTIVITIES: 1,712
(1) THE CASE NUMBER ASSIGNED TO THE COMPLAINT OR ALLEGED 1,715
VIOLATION;
(2) THE TYPE OF CERTIFICATE TO PRACTICE, IF ANY, HELD BY 1,718
THE INDIVIDUAL AGAINST WHOM THE COMPLAINT IS DIRECTED;
(3) A DESCRIPTION OF THE ALLEGATIONS CONTAINED IN THE 1,720
COMPLAINT; 1,721
40
(4) THE DISPOSITION OF THE CASE. 1,723
THE REPORT SHALL STATE HOW MANY CASES ARE STILL PENDING, 1,725
AND SHALL BE PREPARED IN A MANNER THAT PROTECTS THE IDENTITY OF 1,728
EACH PERSON INVOLVED IN EACH CASE. THE REPORT SHALL BE SUBMITTED 1,729
TO THE PHYSICIAN ASSISTANT POLICY COMMITTEE OF THE BOARD AND IS A 1,730
PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE.
Sec. 4762.15. THE SECRETARY OF THE STATE MEDICAL BOARD 1,733
SHALL ENFORCE THE LAWS RELATING TO THE PRACTICE OF 1,734
ACUPUNCTURISTS. IF THE SECRETARY HAS KNOWLEDGE OR NOTICE OF A 1,735
VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT, THE
SECRETARY SHALL INVESTIGATE THE MATTER, AND, UPON PROBABLE CAUSE 1,736
APPEARING, FILE A COMPLAINT AND PROSECUTE THE OFFENDER. WHEN 1,737
REQUESTED BY THE SECRETARY, THE PROSECUTING ATTORNEY OF THE 1,738
PROPER COUNTY SHALL TAKE CHARGE OF AND CONDUCT SUCH PROSECUTION. 1,739
Section 2. That existing sections 4731.22, 4731.24, 1,741
4731.25, and 4731.36 of the Revised Code are hereby repealed. 1,742