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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
      (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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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.                                

                                                          15     


                                                                 
      (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          

                                                          16     


                                                                 
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          

                                                          17     


                                                                 
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