As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                         Am. 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-BARRETT-   9            

                   SENATORS DRAKE-SPADA-KEARNS                     10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 4730.26, 4731.051, 4731.07,         14           

                4731.22, 4731.221, 4731.223, 4731.224, 4731.24,    16           

                4731.25, 4731.281, and 4731.36 and to enact        17           

                sections 4762.01, 4762.02, 4762.03, 4762.04,       18           

                4762.05, 4762.06, 4762.08, 4762.09, 4762.10,       19           

                4762.11, 4762.12, 4762.13, 4762.131, 4762.132,                  

                4762.14, 4762.15, 4762.16, 4762.17, 4762.18,       20           

                4762.19, 4762.20, 4762.21, and 4762.99 of the      21           

                Revised Code regarding the State Medical Board's   22           

                authority to regulate acupuncturists, physicians,  23           

                and physician assistants.                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 4730.26, 4731.051, 4731.07,        27           

4731.22, 4731.221, 4731.223, 4731.224, 4731.24, 4731.25,           29           

4731.281, and 4731.36 be amended and sections 4762.01, 4762.02,    31           

4762.03, 4762.04, 4762.05, 4762.06, 4762.08, 4762.09, 4762.10,     32           

4762.11, 4762.12, 4762.13, 4762.131, 4762.132, 4762.14, 4762.15,   33           

4762.16, 4762.17, 4762.18, 4762.19, 4762.20, 4762.21, and 4762.99  34           

of the Revised Code be enacted to read as follows:                 35           

      Sec. 4730.26.  (A)  The state medical board shall            45           

investigate evidence that appears to show that any person has      46           

violated this chapter or a rule adopted under it.  Any person may  47           

report to the board in a signed writing any information the                     

person has that appears to show a violation of any provision of    48           

                                                          2      


                                                                 
this chapter or rule adopted under it.  In the absence of bad      49           

faith, a person who reports such information or testifies before   50           

the board in an adjudication conducted under Chapter 119. of the   51           

Revised Code shall not be liable for civil damages as a result of  53           

reporting the information or providing testimony.  Each complaint  54           

or allegation of a violation received by the board shall be        55           

assigned a case number and be recorded by the board.               56           

      (B)  Investigations of alleged violations of this chapter    58           

or rules adopted under it shall be supervised by the supervising   59           

member elected by the board in accordance with section 4731.02 of  60           

the Revised Code and by the secretary as provided in section       62           

4730.33 of the Revised Code.  The president may designate another  63           

member of the board to supervise the investigation in place of     64           

the supervising member.  A member of the board who supervises the  65           

investigation of a case shall not participate in further           66           

adjudication of the case.                                                       

      (C)  In investigating a possible violation of this chapter   68           

or a rule adopted under it, the board may administer oaths, order  69           

the taking of depositions, issue subpoenas, and compel the         70           

attendance of witnesses and production of books, accounts,         71           

papers, records, documents, and testimony, except that a subpoena  72           

for patient record information shall not be issued without         73           

consultation with the attorney general's office and approval of    74           

the secretary and supervising member of the board.  Before         75           

issuance of a subpoena for patient record information, the         77           

secretary and supervising member shall determine whether there is  78           

probable cause to believe that the complaint filed alleges a       79           

violation of this chapter or a rule adopted under it and that the  80           

records sought are relevant to the alleged violation and material  81           

to the investigation.  The subpoena may apply only to records      82           

that cover a reasonable period of time surrounding the alleged     84           

violation.                                                                      

      On failure to comply with any subpoena issued by the board   87           

and after reasonable notice to the person being subpoenaed, the    88           

                                                          3      


                                                                 
board may move for an order compelling the production of persons   89           

or records pursuant to the Rules of Civil Procedure.               90           

      A subpoena issued by the board may be served by a sheriff,   92           

the sheriff's deputy, or a board employee designated by the        93           

board.  Service of a subpoena issued by the board may be made by   95           

delivering a copy of the subpoena to the person named therein,     96           

reading it to the person, or leaving it at the person's usual      97           

place of residence.  When the person being served is a physician   98           

assistant, service of the subpoena may be made by certified mail,  99           

restricted delivery, return receipt requested, and the subpoena    100          

shall be deemed served on the date delivery is made or the date    101          

the person refuses to accept delivery.                             102          

      A sheriff's deputy who serves a subpoena shall receive the   105          

same fees as a sheriff.  Each witness who appears before the       106          

board in obedience to a subpoena shall receive the fees and        107          

mileage provided for witnesses in civil cases in the courts of                  

common pleas.                                                      108          

      (D)  All hearings and investigations of the board shall be   110          

considered civil actions for the purposes of section 2305.251 of   111          

the Revised Code.                                                  112          

      (E)  Information received by the board pursuant to an        114          

investigation is confidential and not subject to discovery in any  115          

civil action.                                                      116          

      The board shall conduct all investigations and proceedings   119          

in a manner that protects the confidentiality of patients and      120          

persons who file complaints with the board.  The board shall not   122          

make public the names or any other identifying information about   123          

patients or complainants unless proper consent is given or, in     124          

the case of a patient, a waiver of the patient privilege exists    125          

under division (B) of section 2317.02 of the Revised Code, except  127          

that consent or a waiver is not required if the board possesses    128          

reliable and substantial evidence that no bona fide                130          

physician-patient relationship exists.                                          

      The board may share any information it receives pursuant to  133          

                                                          4      


                                                                 
an investigation, including patient records and patient record     134          

information, with other licensing boards and governmental          135          

agencies that are investigating alleged professional misconduct    136          

and with law enforcement agencies, OTHER LICENSING BOARDS, and     137          

other governmental agencies that are PROSECUTING, ADJUDICATING,    139          

OR investigating or prosecuting alleged criminal offenses.  A      140          

board or VIOLATIONS OF STATUTES OR ADMINISTRATIVE RULES.  AN       141          

agency OR BOARD that receives the information shall comply with    142          

the same requirements regarding confidentiality as those with      143          

which the state medical board must comply, notwithstanding any     144          

conflicting provision of the Revised Code or procedure of the      146          

board or agency OR BOARD that applies when the board or agency IT  147          

is dealing with other information in its possession.  The IN A     148          

JUDICIAL PROCEEDING, THE information may be admitted into          150          

evidence in a criminal trial ONLY in accordance with the Rules of  152          

Evidence, but the court shall require that appropriate measures    153          

are taken to ensure that confidentiality is maintained with        154          

respect to any part of the information that contains names or                   

other identifying information about patients or complainants       155          

whose confidentiality was protected by the state medical board     156          

when the information was in the board's possession.  Measures to   157          

ensure confidentiality that may be taken by the court include      159          

sealing its records or deleting specific information from its                   

records.                                                           160          

      (F)  The state medical board shall develop requirements for  163          

and provide appropriate initial and continuing training for        164          

investigators employed by the board to carry out its duties under  165          

this chapter.  The training and continuing education may include   166          

enrollment in courses operated or approved by the Ohio peace       167          

officer training council that the board considers appropriate      168          

under conditions set forth in section 109.79 of the Revised Code.  169          

      (G)  On a quarterly basis, the board shall prepare a report  172          

that documents the disposition of all cases during the preceding   173          

three months.  The report shall contain the following information  174          

                                                          5      


                                                                 
for each case with which the board has completed its activities:   175          

      (1)  The case number assigned to the complaint or alleged    178          

violation;                                                                      

      (2)  The type of certificate to practice, if any, held by    181          

the individual against whom the complaint is directed;                          

      (3)  A description of the allegations contained in the       183          

complaint;                                                         184          

      (4)  The disposition of the case.                            186          

      The report shall state how many cases are still pending,     188          

and shall be prepared in a manner that protects the identity of    191          

each person involved in each case.  The report shall be submitted  192          

to the physician assistant policy committee of the board and is a  193          

public record for purposes of section 149.43 of the Revised Code.  194          

      Sec. 4731.051.  The state medical board shall adopt rules    203          

in accordance with Chapter 119. of the Revised Code establishing   205          

universal blood and body fluid precautions that shall be used by   207          

each person who performs exposure prone invasive procedures and    209          

is authorized to practice by this chapter or Chapter 4730. OR      210          

4762. of the Revised Code.  The rules shall define and establish   211          

requirements for universal blood and body fluid precautions that   213          

include the following:                                                          

      (A)  Appropriate use of hand washing;                        215          

      (B)  Disinfection and sterilization of equipment;            217          

      (C)  Handling and disposal of needles and other sharp        219          

instruments;                                                                    

      (D)  Wearing and disposal of gloves and other protective     221          

garments and devices.                                                           

      Sec. 4731.07.  The state medical board shall keep a record   230          

of its proceedings.  It shall also keep a register of applicants   231          

for certificates, showing OF REGISTRATION ISSUED UNDER THIS        232          

CHAPTER, CHAPTER 4730. OF THE REVISED CODE, AND CHAPTER 4762. OF   233          

THE REVISED CODE.  THE REGISTER SHALL SHOW the name of the         235          

applicant, the name and location of the institution granting him   236          

the degree of doctor of medicine or surgery or the degree of       237          

                                                          6      


                                                                 
doctor of osteopathy or surgery, and whether he THE APPLICANT was  239          

granted or refused a certificate.  WITH RESPECT TO APPLICANTS TO   242          

PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND          243          

SURGERY, THE REGISTER SHALL SHOW THE NAME OF THE INSTITUTION THAT               

GRANTED THE APPLICANT THE DEGREE OF DOCTOR OF MEDICINE OR          244          

OSTEOPATHIC MEDICINE.  The booksand BOOKS AND records of the       245          

board shall be prima-facie evidence of matters therein contained.  249          

      Sec. 4731.22.  (A)  The state medical board, by an           259          

affirmative vote of not fewer than six of its members, may revoke  260          

or may refuse to grant a certificate to a person found by the      261          

board to have committed fraud during the administration of the     262          

examination for a certificate to practice or to have committed     264          

fraud, misrepresentation, or deception in applying for or          265          

securing any certificate to practice or certificate of                          

registration issued by the board.                                  266          

      (B)  The board, by an affirmative vote of not fewer than     269          

six members, shall, to the extent permitted by law, limit,         270          

revoke, or suspend an individual's certificate to practice,        272          

refuse to register an individual, refuse to reinstate a            273          

certificate, or reprimand or place on probation the holder of a    275          

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate to practice  277          

or certificate of registration to be used by a person, group, or   279          

corporation when the individual concerned is not actually          280          

directing the treatment given;                                     281          

      (2)  Failure to maintain minimal standards applicable to     284          

the selection or administration of drugs, or failure to employ     285          

acceptable scientific methods in the selection of drugs or other   286          

modalities for treatment of disease;                               287          

      (3)  Selling, giving away, personally furnishing,            289          

prescribing, or administering drugs for other than legal and       290          

legitimate therapeutic purposes or a plea of guilty to, a          291          

judicial finding of guilt of, or a judicial finding of             292          

eligibility for treatment INTERVENTION in lieu of conviction of,   294          

                                                          7      


                                                                 
a violation of any federal or state law regulating the                          

possession, distribution, or use of any drug;                      295          

      (4)  Willfully betraying a professional confidence.          297          

      For purposes of this division, "willfully betraying a        299          

professional confidence" does not include the making of a report   300          

of an employee's use of a drug of abuse, or a report of a          301          

condition of an employee other than one involving the use of a     302          

drug of abuse, to the employer of the employee as described in     303          

division (B) of section 2305.33 of the Revised Code.  Nothing in   305          

this division affects the immunity from civil liability conferred  307          

by that section upon a physician who makes either type of report   308          

in accordance with division (B) of that section.  As used in this  309          

division, "employee," "employer," and "physician" have the same    310          

meanings as in section 2305.33 of the Revised Code.                311          

      (5)  Making a false, fraudulent, deceptive, or misleading    314          

statement in the solicitation of or advertising for patients; in   316          

relation to the practice of medicine and surgery, osteopathic      317          

medicine and surgery, podiatry, or a limited branch of medicine;   318          

or in securing or attempting to secure any certificate to          320          

practice or certificate of registration issued by the board.                    

      As used in this division, "false, fraudulent, deceptive, or  322          

misleading statement" means a statement that includes a            323          

misrepresentation of fact, is likely to mislead or deceive         324          

because of a failure to disclose material facts, is intended or    325          

is likely to create false or unjustified expectations of           326          

favorable results, or includes representations or implications     327          

that in reasonable probability will cause an ordinarily prudent    328          

person to misunderstand or be deceived.                            329          

      (6)  A departure from, or the failure to conform to,         331          

minimal standards of care of similar practitioners under the same  332          

or similar circumstances, whether or not actual injury to a        333          

patient is established;                                            334          

      (7)  Representing, with the purpose of obtaining             336          

compensation or other advantage as personal gain or for any other  338          

                                                          8      


                                                                 
person, that an incurable disease or injury, or other incurable    339          

condition, can be permanently cured;                               340          

      (8)  The obtaining of, or attempting to obtain, money or     342          

anything of value by fraudulent misrepresentations in the course   343          

of practice;                                                       344          

      (9)  A plea of guilty to, a judicial finding of guilt of,    347          

or a judicial finding of eligibility for treatment INTERVENTION    348          

in lieu of conviction for, a felony;                               349          

      (10)  Commission of an act that constitutes a felony in      351          

this state, regardless of the jurisdiction in which the act was    352          

committed;                                                         353          

      (11)  A plea of guilty to, a judicial finding of guilt of,   356          

or a judicial finding of eligibility for treatment INTERVENTION    357          

in lieu of conviction for, a misdemeanor committed in the course   358          

of practice;                                                                    

      (12)  Commission of an act in the course of practice that    360          

constitutes a misdemeanor in this state, regardless of the         362          

jurisdiction in which the act was committed;                       363          

      (13)  A plea of guilty to, a judicial finding of guilt of,   366          

or a judicial finding of eligibility for treatment INTERVENTION    367          

in lieu of conviction for, a misdemeanor involving moral           368          

turpitude;                                                                      

      (14)  Commission of an act involving moral turpitude that    370          

constitutes a misdemeanor in this state, regardless of the         372          

jurisdiction in which the act was committed;                       373          

      (15)  Violation of the conditions of limitation placed by    375          

the board upon a certificate to practice;                          376          

      (16)  Failure to pay license renewal fees specified in this  378          

chapter;                                                           379          

      (17)  Except as authorized in section 4731.31 of the         381          

Revised Code, engaging in the division of fees for referral of     383          

patients, or the receiving of a thing of value in return for a     384          

specific referral of a patient to utilize a particular service or  385          

business;                                                                       

                                                          9      


                                                                 
      (18)  Subject to section 4731.226 of the Revised Code,       387          

violation of any provision of a code of ethics of the American     389          

medical association, the American osteopathic association, the     390          

American podiatric medical association, or any other national      391          

professional organizations that the board specifies by rule.  The  393          

state medical board shall obtain and keep on file current copies   394          

of the codes of ethics of the various national professional        395          

organizations.  The individual whose certificate is being          396          

suspended or revoked shall not be found to have violated any       398          

provision of a code of ethics of an organization not appropriate   399          

to the individual's profession.                                    400          

      For purposes of this division, a "provision of a code of     403          

ethics of a national professional organization" does not include   404          

any provision that would preclude the making of a report by a      405          

physician of an employee's use of a drug of abuse, or of a         406          

condition of an employee other than one involving the use of a     407          

drug of abuse, to the employer of the employee as described in                  

division (B) of section 2305.33 of the Revised Code.  Nothing in   409          

this division affects the immunity from civil liability conferred  410          

by that section upon a physician who makes either type of report   411          

in accordance with division (B) of that section.  As used in this  412          

division, "employee," "employer," and "physician" have the same    413          

meanings as in section 2305.33 of the Revised Code.                414          

      (19)  Inability to practice according to acceptable and      416          

prevailing standards of care by reason of mental illness or        417          

physical illness, including, but not limited to, physical          418          

deterioration that adversely affects cognitive, motor, or          419          

perceptive skills.                                                 420          

      In enforcing this division, the board, upon a showing of a   423          

possible violation, may compel any individual authorized to        424          

practice by this chapter or who has submitted an application       426          

pursuant to this chapter to submit to a mental examination,        428          

physical examination, including an HIV test, or both a mental and  430          

a physical examination.  The expense of the examination is the     432          

                                                          10     


                                                                 
responsibility of the individual compelled to be examined.         433          

Failure to submit to a mental or physical examination or consent   434          

to an HIV test ordered by the board constitutes an admission of    435          

the allegations against the individual unless the failure is due   437          

to circumstances beyond the individual's control, and a default    438          

and final order may be entered without the taking of testimony or  439          

presentation of evidence.  If the board finds an individual        440          

unable to practice because of the reasons set forth in this        442          

division, the board shall require the individual to submit to      443          

care, counseling, or treatment by physicians approved or           444          

designated by the board, as a condition for initial, continued,    445          

reinstated, or renewed authority to practice.  An individual       447          

affected under this division shall be afforded an opportunity to   449          

demonstrate to the board the ability to resume practice in         450          

compliance with acceptable and prevailing standards under the      451          

provisions of the individual's certificate.  For the purpose of    453          

this division, any individual who applies for or receives a        454          

certificate to practice under this chapter accepts the privilege   455          

of practicing in this state and, by so doing, shall be deemed to   458          

have given consent to submit to a mental or physical examination   459          

when directed to do so in writing by the board, and to have        460          

waived all objections to the admissibility of testimony or         461          

examination reports that constitute a privileged communication.    462          

      (20)  Except when civil penalties are imposed under section  464          

4731.225 or 4731.281 of the Revised Code, and subject to section   465          

4731.226 of the Revised Code, violating or attempting to violate,  467          

directly or indirectly, or assisting in or abetting the violation  468          

of, or conspiring to violate, any provisions of this chapter or    469          

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     471          

violation of, assisting in or abetting the violation of, or a      472          

conspiracy to violate, any provision of this chapter or any rule   473          

adopted by the board that would preclude the making of a report    476          

by a physician of an employee's use of a drug of abuse, or of a    477          

                                                          11     


                                                                 
condition of an employee other than one involving the use of a     478          

drug of abuse, to the employer of the employee as described in                  

division (B) of section 2305.33 of the Revised Code.  Nothing in   480          

this division affects the immunity from civil liability conferred  481          

by that section upon a physician who makes either type of report   482          

in accordance with division (B) of that section.  As used in this  483          

division, "employee," "employer," and "physician" have the same    484          

meanings as in section 2305.33 of the Revised Code.                485          

      (21)  The violation of any abortion rule adopted by the      487          

public health council pursuant to section 3701.341 of the Revised  488          

Code;                                                              489          

      (22)  Any of the following actions taken by the state        491          

agency responsible for regulating the practice of medicine and     492          

surgery, osteopathic medicine and surgery, podiatry, or the        493          

limited branches of medicine in another state JURISDICTION, for    494          

any reason other than the nonpayment of fees:  the limitation,     496          

revocation, or suspension of an individual's license to practice;  497          

acceptance of an individual's license surrender; denial of a       498          

license; refusal to renew or reinstate a license; imposition of    500          

probation; or issuance of an order of censure or other reprimand;  501          

      (23)  The violation of section 2919.12 of the Revised Code   503          

or the performance or inducement of an abortion upon a pregnant    504          

woman with actual knowledge that the conditions specified in       505          

division (B) of section 2317.56 of the Revised Code have not been  506          

satisfied or with a heedless indifference as to whether those      507          

conditions have been satisfied, unless an affirmative defense as   508          

specified in division (H)(2) of that section would apply in a      509          

civil action authorized by division (H)(1) of that section;        510          

      (24)  The revocation, suspension, restriction, reduction,    512          

or termination of clinical privileges by the United States         514          

department of defense or department of veterans affairs or the     516          

termination or suspension of a certificate of registration to      517          

prescribe drugs by the drug enforcement administration of the      518          

United States department of justice;                               519          

                                                          12     


                                                                 
      (25)  Termination or suspension from participation in the    521          

medicare or medicaid programs by the department of health and      523          

human services or other responsible agency for any act or acts     524          

that also would constitute a violation of division (B)(2), (3),    525          

(6), (8), or (19) of this section;                                 526          

      (26)  Impairment of ability to practice according to         528          

acceptable and prevailing standards of care because of habitual    529          

or excessive use or abuse of drugs, alcohol, or other substances   530          

that impair ability to practice.                                   531          

      For the purposes of this division, any individual            533          

authorized to practice by this chapter accepts the privilege of    535          

practicing in this state subject to supervision by the board.  By  536          

filing an application for or holding a certificate to practice     539          

under this chapter, an individual shall be deemed to have given    541          

consent to submit to a mental or physical examination when         542          

ordered to do so by the board in writing, and to have waived all   543          

objections to the admissibility of testimony or examination        544          

reports that constitute privileged communications.                 545          

      If it has reason to believe that any individual authorized   547          

to practice by this chapter or any applicant for certification to  549          

practice suffers such impairment, the board may compel the         550          

individual to submit to a mental or physical examination, or       551          

both.  The expense of the examination is the responsibility of     553          

the individual compelled to be examined.  Any mental or physical   555          

examination required under this division shall be undertaken by a  556          

treatment provider or physician who is qualified to conduct the    557          

examination and who is chosen by the board.                        558          

      Failure to submit to a mental or physical examination        561          

ordered by the board constitutes an admission of the allegations   562          

against the individual unless the failure is due to circumstances  563          

beyond the individual's control, and a default and final order     564          

may be entered without the taking of testimony or presentation of  565          

evidence.  If the board determines that the individual's ability   566          

to practice is impaired, the board shall suspend the individual's  567          

                                                          13     


                                                                 
certificate or deny the individual's application and shall         568          

require the individual, as a condition for initial, continued,     569          

reinstated, or renewed certification to practice, to submit to     571          

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        573          

certificate suspended under this division, the impaired            575          

practitioner shall demonstrate to the board the ability to resume  577          

practice in compliance with acceptable and prevailing standards    578          

of care under the provisions of the practitioner's certificate.    579          

The demonstration shall include, but shall not be limited to, the  581          

following:                                                                      

      (a)  Certification from a treatment provider approved under  583          

section 4731.25 of the Revised Code that the individual has        585          

successfully completed any required inpatient treatment;           586          

      (b)  Evidence of continuing full compliance with an          588          

aftercare contract or consent agreement;                           589          

      (c)  Two written reports indicating that the individual's    591          

ability to practice has been assessed and that the individual has  592          

been found capable of practicing according to acceptable and       593          

prevailing standards of care.  The reports shall be made by        594          

individuals or providers approved by the board for making the      595          

assessments and shall describe the basis for their determination.  596          

      The board may reinstate a certificate suspended under this   599          

division after that demonstration and after the individual has     600          

entered into a written consent agreement.                          601          

      When the impaired practitioner resumes practice, the board   603          

shall require continued monitoring of the individual.  The         605          

monitoring shall include, but not be limited to, compliance with   607          

the written consent agreement entered into before reinstatement    608          

or with conditions imposed by board order after a hearing, and,    609          

upon termination of the consent agreement, submission to the       610          

board for at least two years of annual written progress reports    611          

made under penalty of perjury stating whether the individual has   612          

maintained sobriety.                                               613          

                                                          14     


                                                                 
      (27)  A second or subsequent violation of section 4731.66    615          

or 4731.69 of the Revised Code;                                    616          

      (28)  Except as provided in division (N) of this section:    618          

      (a)  Waiving the payment of all or any part of a deductible  621          

or copayment that a patient, pursuant to a health insurance or     622          

health care policy, contract, or plan that covers the              623          

individual's services, otherwise would be required to pay if the   625          

waiver is used as an enticement to a patient or group of patients  626          

to receive health care services from that individual;              627          

      (b)  Advertising that the individual will waive the payment  630          

of all or any part of a deductible or copayment that a patient,    631          

pursuant to a health insurance or health care policy, contract,    632          

or plan that covers the individual's services, otherwise would be  634          

required to pay.                                                   635          

      (29)  Failure to use universal blood and body fluid          637          

precautions established by rules adopted under section 4731.051    638          

of the Revised Code;                                               639          

      (30)  Failure of a collaborating physician to fulfill the    642          

responsibilities agreed to by the physician and an advanced        644          

practice nurse participating in a pilot program under section      645          

4723.52 of the Revised Code;                                                    

      (31)  Failure to provide notice to, and receive              647          

acknowledgment of the notice from, a patient when required by      649          

section 4731.143 of the Revised Code prior to providing            650          

nonemergency professional services, or failure to maintain that    651          

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         653          

assistant to maintain supervision in accordance with the           654          

requirements of Chapter 4730. of the Revised Code and the rules    655          

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to enter into a   657          

standard care arrangement with a clinical nurse specialist,        658          

certified nurse-midwife, or certified nurse practitioner with      659          

whom the physician or podiatrist is in collaboration pursuant to   660          

                                                          15     


                                                                 
section 4731.27 of the Revised Code or failure to fulfill the      661          

responsibilities of collaboration after entering into a standard   662          

care arrangement;                                                               

      (34)  Failure to comply with the terms of a consult          664          

agreement entered into with a pharmacist pursuant to section       665          

4729.39 of the Revised Code;                                       666          

      (35)  Failure to cooperate in an investigation conducted by  668          

the board under division (F) of this section, including failure    670          

to comply with a subpoena or order issued by the board or failure  671          

to answer truthfully a question presented by the board at a        672          

deposition or in written interrogatories, except that failure to   673          

cooperate with an investigation shall not constitute grounds for   674          

discipline under this section if a court of competent              675          

jurisdiction has issued an order that either quashes a subpoena    676          

or permits the individual to withhold the testimony or evidence    677          

in issue;                                                                       

      (36)  FAILURE TO SUPERVISE AN ACUPUNCTURIST IN ACCORDANCE    679          

WITH CHAPTER 4762. OF THE REVISED CODE AND THE BOARD'S RULES FOR   680          

SUPERVISION OF AN ACUPUNCTURIST.                                   681          

      (C)  Disciplinary actions taken by the board under           683          

divisions (A) and (B) of this section shall be taken pursuant to   684          

an adjudication under Chapter 119. of the Revised Code, except     685          

that in lieu of an adjudication, the board may enter into a        686          

consent agreement with an individual to resolve an allegation of   687          

a violation of this chapter or any rule adopted under it.  A       688          

consent agreement, when ratified by an affirmative vote of not     689          

fewer than six members of the board, shall constitute the          690          

findings and order of the board with respect to the matter         691          

addressed in the agreement.  If the board refuses to ratify a      692          

consent agreement, the admissions and findings contained in the    693          

consent agreement shall be of no force or effect.                  694          

      (D)  For purposes of divisions (B)(10), (12), and (14) of    696          

this section, the commission of the act may be established by a    697          

finding by the board, pursuant to an adjudication under Chapter    699          

                                                          16     


                                                                 
119. of the Revised Code, that the individual committed the act.                

The board does not have jurisdiction under those divisions if the  702          

trial court renders a final judgment in the individual's favor                  

and that judgment is based upon an adjudication on the merits.     705          

The board has jurisdiction under those divisions if the trial      706          

court issues an order of dismissal upon technical or procedural    707          

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    709          

have no effect upon a prior board order entered under this         710          

section or upon the board's jurisdiction to take action under      711          

this section if, based upon a plea of guilty, a judicial finding   713          

of guilt, or a judicial finding of eligibility for treatment       714          

INTERVENTION in lieu of conviction, the board issued a notice of   715          

opportunity for a hearing prior to the court's order to seal the   716          

records.  The board shall not be required to seal, destroy,        717          

redact, or otherwise modify its records to reflect the court's     718          

sealing of conviction records.                                     719          

      (F)(1)  The board shall investigate evidence that appears    721          

to show that a person has violated any provision of this chapter   723          

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  725          

appears to show a violation of any provision of this chapter or    726          

any rule adopted under it.  In the absence of bad faith, any       728          

person who reports information of that nature or who testifies                  

before the board in any adjudication conducted under Chapter 119.  730          

of the Revised Code shall not be liable in damages in a civil      731          

action as a result of the report or testimony.  Each complaint or  733          

allegation of a violation received by the board shall be assigned  734          

a case number and shall be recorded by the board.                  735          

      (2)  Investigations of alleged violations of this chapter    737          

or any rule adopted under it shall be supervised by the            739          

supervising member elected by the board in accordance with         740          

section 4731.02 of the Revised Code and by the secretary as        741          

provided in section 4731.39 of the Revised Code.  The president                 

                                                          17     


                                                                 
may designate another member of the board to supervise the         743          

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         745          

participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   748          

or any rule adopted under this chapter, the board may administer   750          

oaths, order the taking of depositions, issue subpoenas, and       751          

compel the attendance of witnesses and production of books,        752          

accounts, papers, records, documents, and testimony, except that   753          

a subpoena for patient record information shall not be issued      754          

without consultation with the attorney general's office and        755          

approval of the secretary and supervising member of the board.     757          

Before issuance of a subpoena for patient record information, the  758          

secretary and supervising member shall determine whether there is  761          

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    762          

the records sought are relevant to the alleged violation and       764          

material to the investigation.  The subpoena may apply only to     765          

records that cover a reasonable period of time surrounding the     766          

alleged violation.                                                 767          

      On failure to comply with any subpoena issued by the board   770          

and after reasonable notice to the person being subpoenaed, the    771          

board may move for an order compelling the production of persons   772          

or records pursuant to the Rules of Civil Procedure.               773          

      A subpoena issued by the board may be served by a sheriff,   775          

the sheriff's deputy, or a board employee designated by the        776          

board.  Service of a subpoena issued by the board may be made by   778          

delivering a copy of the subpoena to the person named therein,     779          

reading it to the person, or leaving it at the person's usual      780          

place of residence.  When the person being served is a person      781          

whose practice is authorized by this chapter, service of the       782          

subpoena may be made by certified mail, restricted delivery,       783          

return receipt requested, and the subpoena shall be deemed served  784          

on the date delivery is made or the date the person refuses to     785          

                                                          18     


                                                                 
accept delivery.                                                                

      A sheriff's deputy who serves a subpoena shall receive the   787          

same fees as a sheriff.  Each witness who appears before the       789          

board in obedience to a subpoena shall receive the fees and        791          

mileage provided for witnesses in civil cases in the courts of     792          

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   794          

considered civil actions for the purposes of section 2305.251 of   795          

the Revised Code.                                                  796          

      (5)  Information received by the board pursuant to an        798          

investigation is confidential and not subject to discovery in any  799          

civil action.                                                      800          

      The board shall conduct all investigations and proceedings   802          

in a manner that protects the confidentiality of patients and      804          

persons who file complaints with the board.  The board shall not   806          

make public the names or any other identifying information about   807          

patients or complainants unless proper consent is given or, in     808          

the case of a patient, a waiver of the patient privilege exists    809          

under division (B) of section 2317.02 of the Revised Code, except  810          

that consent or a waiver of that nature is not required if the     811          

board possesses reliable and substantial evidence that no bona     813          

fide physician-patient relationship exists.                        814          

      The board may share any information it receives pursuant to  817          

an investigation, including patient records and patient record     818          

information, with other licensing boards and governmental          819          

agencies that are investigating alleged professional misconduct    820          

and with law enforcement agencies, OTHER LICENSING BOARDS, and     821          

other governmental agencies that are PROSECUTING, ADJUDICATING,    823          

OR investigating or prosecuting alleged criminal offenses.  A      824          

board or VIOLATIONS OF STATUTES OR ADMINISTRATIVE RULES.  AN       825          

agency OR BOARD that receives the information shall comply with    826          

the same requirements regarding confidentiality as those with      827          

which the state medical board must comply, notwithstanding any     828          

conflicting provision of the Revised Code or procedure of the      830          

                                                          19     


                                                                 
board or agency OR BOARD that applies when the board or agency IT  831          

is dealing with other information in its possession.  The IN A     832          

JUDICIAL PROCEEDING, THE information may be admitted into          835          

evidence in a criminal trial ONLY in accordance with the Rules of  836          

Evidence, but the court shall require that appropriate measures    837          

are taken to ensure that confidentiality is maintained with        838          

respect to any part of the information that contains names or      839          

other identifying information about patients or complainants                    

whose confidentiality was protected by the state medical board     840          

when the information was in the board's possession.  Measures to   841          

ensure confidentiality that may be taken by the court include      842          

sealing its records or deleting specific information from its      844          

records.                                                                        

      (6)  On a quarterly basis, the board shall prepare a report  846          

that documents the disposition of all cases during the preceding   847          

three months.  The report shall contain the following information  848          

for each case with which the board has completed its activities:   849          

      (a)  The case number assigned to the complaint or alleged    851          

violation;                                                         852          

      (b)  The type of certificate to practice, if any, held by    855          

the individual against whom the complaint is directed;             856          

      (c)  A description of the allegations contained in the       858          

complaint;                                                         859          

      (d)  The disposition of the case.                            861          

      The report shall state how many cases are still pending and  864          

shall be prepared in a manner that protects the identity of each   866          

person involved in each case.  The report shall be a public        867          

record under section 149.43 of the Revised Code.                                

      (G)  If the secretary and supervising member determine that  869          

there is clear and convincing evidence that an individual has      871          

violated division (B) of this section and that the individual's    872          

continued practice presents a danger of immediate and serious      874          

harm to the public, they may recommend that the board suspend the  875          

individual's certificate to practice without a prior hearing.      877          

                                                          20     


                                                                 
Written allegations shall be prepared for consideration by the                  

board.                                                             878          

      The board, upon review of those allegations and by an        880          

affirmative vote of not fewer than six of its members, excluding   882          

the secretary and supervising member, may suspend a certificate    883          

without a prior hearing.  A telephone conference call may be       884          

utilized for reviewing the allegations and taking the vote on the  885          

summary suspension.                                                886          

      The board shall issue a written order of suspension by       888          

certified mail or in person in accordance with section 119.07 of   889          

the Revised Code.  The order shall not be subject to suspension    891          

by the court during pendency of any appeal filed under section     892          

119.12 of the Revised Code.  If the individual subject to the      894          

summary suspension requests an adjudicatory hearing by the board,  895          

the date set for the hearing shall be within fifteen days, but     896          

not earlier than seven days, after the individual requests the     898          

hearing, unless otherwise agreed to by both the board and the      899          

individual.                                                                     

      Any summary suspension imposed under this division shall     901          

remain in effect, unless reversed on appeal, until a final         902          

adjudicative order issued by the board pursuant to this section    903          

and Chapter 119. of the Revised Code becomes effective.  The       904          

board shall issue its final adjudicative order within sixty days   905          

after completion of its hearing.  A failure to issue the order     906          

within sixty days shall result in dissolution of the summary       907          

suspension order but shall not invalidate any subsequent, final    908          

adjudicative order.                                                909          

      (H)  If the board takes action under division (B)(9), (11),  912          

or (13) of this section and the judicial finding of guilt, guilty  913          

plea, or judicial finding of eligibility for treatment             914          

INTERVENTION in lieu of conviction is overturned on appeal, upon   916          

exhaustion of the criminal appeal, a petition for reconsideration  917          

of the order may be filed with the board along with appropriate    918          

court documents.  Upon receipt of a petition of that nature and    920          

                                                          21     


                                                                 
supporting court documents, the board shall reinstate the                       

individual's certificate to practice.  The board may then hold an  922          

adjudication under Chapter 119. of the Revised Code to determine   923          

whether the individual committed the act in question.  Notice of   925          

an opportunity for a hearing shall be given in accordance with     926          

Chapter 119. of the Revised Code.  If the board finds, pursuant    927          

to an adjudication held under this division, that the individual   928          

committed the act or if no hearing is requested, the board may     930          

order any of the sanctions identified under division (B) of this   931          

section.                                                                        

      (I)  The certificate to practice issued to an individual     933          

under this chapter and the individual's practice in this state     935          

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      937          

subject to a judicial finding of eligibility for intervention in   938          

lieu of conviction in this state or treatment or intervention in   939          

lieu of conviction in another state JURISDICTION for any of the    941          

following criminal offenses in this state or a substantially       943          

equivalent criminal offense in another jurisdiction: aggravated                 

murder, murder, voluntary manslaughter, felonious assault,         945          

kidnapping, rape, sexual battery, gross sexual imposition,         946          

aggravated arson, aggravated robbery, or aggravated burglary.      947          

Continued practice after suspension shall be considered            948          

practicing without a certificate.                                  949          

      The board shall notify the individual subject to the         952          

suspension by certified mail or in person in accordance with       953          

section 119.07 of the Revised Code.  If an individual whose        954          

certificate is suspended under this division fails to make a       955          

timely request for an adjudication under Chapter 119. of the       956          

Revised Code, the board shall enter a final order permanently      957          

revoking the individual's certificate to practice.                 958          

      (J)  If the board is required by Chapter 119. of the         961          

Revised Code to give notice of an opportunity for a hearing and    962          

if the individual subject to the notice does not timely request a  963          

                                                          22     


                                                                 
hearing in accordance with section 119.07 of the Revised Code,     965          

the board is not required to hold a hearing, but may adopt, by an  966          

affirmative vote of not fewer than six of its members, a final     968          

order that contains the board's findings.  In that final order,    969          

the board may order any of the sanctions identified under          970          

division (A) or (B) of this section.                               971          

      (K)  Any action taken by the board under division (B) of     973          

this section resulting in a suspension from practice shall be      974          

accompanied by a written statement of the conditions under which   975          

the individual's certificate to practice may be reinstated.  The   977          

board shall adopt rules governing conditions to be imposed for     978          

reinstatement.  Reinstatement of a certificate suspended pursuant  979          

to division (B) of this section requires an affirmative vote of    980          

not fewer than six members of the board.                           981          

      (L)  When the board refuses to grant a certificate to an     984          

applicant, revokes an individual's certificate to practice,        986          

refuses to register an applicant, or refuses to reinstate an       987          

individual's certificate to practice, the board may specify that   988          

its action is permanent.  An individual subject to a permanent     989          

action taken by the board is forever thereafter ineligible to      990          

hold a certificate to practice and the board shall not accept an   991          

application for reinstatement of the certificate or for issuance   992          

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      994          

Code, all of the following apply:                                  995          

      (1)  The surrender of a certificate issued under this        997          

chapter shall not be effective unless or until accepted by the     999          

board.  Reinstatement of a certificate surrendered to the board    1,000        

requires an affirmative vote of not fewer than six members of the  1,001        

board.                                                                          

      (2)  An application for a certificate made under the         1,004        

provisions of this chapter may not be withdrawn without approval   1,006        

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      1,009        

                                                          23     


                                                                 
registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     1,011        

under this section against the individual.                         1,012        

      (N)  Sanctions shall not be imposed under division (B)(28)   1,015        

of this section against any person who waives deductibles and      1,016        

copayments as follows:                                                          

      (1)  In compliance with the health benefit plan that         1,018        

expressly allows such a practice.  Waiver of the deductibles or    1,019        

copayments shall be made only with the full knowledge and consent  1,020        

of the plan purchaser, payer, and third-party administrator.       1,021        

Documentation of the consent shall be made available to the board  1,022        

upon request.                                                                   

      (2)  For professional services rendered to any other person  1,024        

authorized to practice pursuant to this chapter, to the extent     1,026        

allowed by this chapter and rules adopted by the board.            1,027        

      (O)  Under the board's investigative duties described in     1,029        

this section and subject to division (F) of this section, the      1,031        

board shall develop and implement a quality intervention program   1,033        

designed to improve through remedial education the clinical and    1,035        

communication skills of individuals authorized under this chapter  1,036        

to practice medicine and surgery, osteopathic medicine and                      

surgery, and podiatry.  In developing and implementing the         1,038        

quality intervention program, the board may do all of the          1,039        

following:                                                                      

      (1)  Offer in appropriate cases as determined by the board   1,041        

an educational and assessment program pursuant to an               1,042        

investigation the board conducts under this section;               1,043        

      (2)  Select providers of educational and assessment          1,045        

services, including a quality intervention program panel of case   1,046        

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    1,049        

providers and approve individual educational programs recommended  1,050        

by those providers.  The board shall monitor the progress of each  1,051        

individual undertaking a recommended individual educational        1,052        

                                                          24     


                                                                 
program.                                                           1,053        

      (4)  Determine what constitutes successful completion of an  1,055        

individual educational program and require further monitoring of   1,056        

the individual who completed the program or other action that the  1,058        

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      1,060        

Revised Code to further implement the quality intervention         1,062        

program.                                                                        

      An individual who participates in an individual educational  1,065        

program pursuant to this division shall pay the financial          1,066        

obligations arising from that educational program.                 1,067        

      Sec. 4731.221.  If the state medical board has reason to     1,076        

believe that any person who has been granted a certificate under   1,077        

Chapter 4731. of the Revised Code THIS CHAPTER is mentally ill or  1,079        

mentally incompetent, it may file in the probate court of the      1,080        

county in which such person has a legal residence an affidavit in  1,081        

the form prescribed in section 5122.11 of the Revised Code and     1,082        

signed by the board secretary or a member of the board             1,083        

secretary's staff, whereupon the same proceedings shall be had as  1,085        

provided in Chapter 5122. of the Revised Code.  The attorney       1,086        

general may represent the board in any proceeding commenced under  1,087        

this section.                                                                   

      If any person who has been granted a certificate is          1,089        

adjudged by a probate court to be mentally ill or mentally         1,090        

incompetent, the person's certificate shall be automatically       1,091        

suspended until such person has filed with the state medical       1,093        

board a certified copy of an adjudication by a probate court of    1,094        

the person's subsequent restoration to competency or has           1,096        

submitted to such board proof, satisfactory to the board, that     1,097        

the person has been discharged as having a restoration to          1,099        

competency in the manner and form provided in section 5122.38 of   1,100        

the Revised Code.  The judge of such court shall forthwith notify  1,101        

the state medical board of an adjudication of MENTAL ILLNESS OR    1,102        

MENTAL incompetence, and shall note any suspension of a            1,104        

                                                          25     


                                                                 
certificate in the margin of the court's record of such            1,105        

certificate.                                                                    

      Sec. 4731.223.  (A)  As used in this section, "prosecutor"   1,114        

has the same meaning as in section 2935.01 of the Revised Code.    1,115        

      (B)  Whenever any person holding a valid certificate issued  1,117        

pursuant to this chapter pleads guilty to, is subject to a         1,119        

judicial finding of guilt of, or is subject to a judicial finding  1,120        

of eligibility for treatment INTERVENTION in lieu of conviction    1,122        

for a violation of Chapter 2907., 2925., or 3719. of the Revised   1,123        

Code or of any substantively comparable ordinance of a municipal   1,124        

corporation in connection with the person's practice, the          1,125        

prosecutor in the case, on forms prescribed and provided by the    1,127        

state medical board, shall promptly notify the board of the        1,128        

conviction or guilty plea.  Within thirty days of receipt of that  1,129        

information, the board shall initiate action in accordance with    1,131        

Chapter 119. of the Revised Code to determine whether to suspend   1,132        

or revoke the certificate under section 4731.22 of the Revised     1,133        

Code.                                                                           

      (C)  The prosecutor in any case against any person holding   1,135        

a valid certificate issued pursuant to this chapter, on forms      1,137        

prescribed and provided by the state medical board, shall notify                

the board of any of the following:                                 1,138        

      (1)  A plea of guilty to, a finding of guilt by a jury or    1,141        

court of, or judicial finding of eligibility for treatment         1,142        

INTERVENTION in lieu of conviction for a felony, or a case in      1,145        

which the trial court issues an order of dismissal upon technical  1,146        

or procedural grounds of a felony charge;                          1,147        

      (2)  A plea of guilty to, a finding of guilt by a jury or    1,151        

court of, or judicial finding of eligibility for treatment         1,152        

INTERVENTION in lieu of conviction for a misdemeanor committed in  1,155        

the course of practice, or a case in which the trial court issues  1,156        

an order of dismissal upon technical or procedural grounds of a    1,158        

charge of a misdemeanor, if the alleged act was committed in the   1,159        

course of practice;                                                             

                                                          26     


                                                                 
      (3)  A plea of guilty to, a finding of guilt by a jury or    1,162        

court of, or judicial finding of eligibility for treatment         1,163        

INTERVENTION in lieu of conviction for a misdemeanor involving     1,166        

moral turpitude, or a case in which the trial court issues an      1,167        

order of dismissal upon technical or procedural grounds of a       1,169        

charge of a misdemeanor involving moral turpitude.                 1,170        

      The report shall include the name and address of the         1,172        

certificate holder, the nature of the offense for which the        1,173        

action was taken, and the certified court documents recording the  1,174        

action.                                                            1,175        

      Sec. 4731.224.  (A)  Within sixty days after the imposition  1,185        

of any formal disciplinary action taken by any health care         1,186        

facility, including a hospital, health care facility operated by   1,187        

a health insuring corporation, ambulatory surgical center, or      1,188        

similar facility, against any individual holding a valid           1,190        

certificate to practice issued pursuant to this chapter, the       1,191        

chief administrator or executive officer of the facility shall     1,192        

report to the state medical board the name of the individual, the  1,194        

action taken by the facility, and a summary of the underlying      1,195        

facts leading to the action taken.  Upon request, the board shall               

be provided certified copies of the patient records that were the  1,197        

basis for the facility's action.  Prior to release to the board,   1,198        

the summary shall be approved by the peer review committee that    1,199        

reviewed the case or by the governing board of the facility.  As   1,201        

used in this division, "formal disciplinary action" means any      1,202        

action resulting in the revocation, restriction, reduction, or     1,204        

termination of clinical privileges for violations of professional  1,205        

ethics, or for reasons of medical incompetence, medical            1,206        

malpractice, or drug or alcohol abuse.  "Formal disciplinary       1,207        

action" includes a summary action, an action that takes effect     1,208        

notwithstanding any appeal rights that may exist, and an action    1,209        

that results in an individual surrendering clinical privileges     1,210        

while under investigation and during proceedings regarding the     1,211        

action being taken or in return for not being investigated or      1,212        

                                                          27     


                                                                 
having proceedings held.  "Formal disciplinary action" does not    1,213        

include any action taken for the sole reason of failure to         1,215        

maintain records on a timely basis or failure to attend staff or   1,216        

section meetings.                                                               

      The filing or nonfiling of a report with the board,          1,218        

investigation by the board, or any disciplinary action taken by    1,219        

the board, shall not preclude any action by a health care          1,220        

facility to suspend, restrict, or revoke the individual's          1,222        

clinical privileges.                                                            

      In the absence of fraud or bad faith, no individual or       1,224        

entity that provides patient records to the board shall be liable  1,225        

in damages to any person as a result of providing the records.     1,226        

      (B)  If any individual authorized to practice under this     1,229        

chapter or any professional association or society of such         1,230        

individuals believes that a violation of any provision of this     1,231        

chapter, Chapter 4730. OR 4762. of the Revised Code, or any rule   1,232        

of the board has occurred, the individual, association, or         1,234        

society shall report to the board the information upon which the   1,236        

belief is based.  This division does not require any treatment                  

provider approved by the board under section 4731.25 of the        1,238        

Revised Code or any employee, agent, or representative of such a   1,239        

provider to make reports with respect to an impaired practitioner  1,240        

participating in treatment or aftercare for substance abuse as     1,241        

long as the practitioner maintains participation in accordance     1,242        

with the requirements of section 4731.25 of the Revised Code, and  1,243        

as long as the treatment provider or employee, agent, or           1,245        

representative of the provider has no reason to believe that the   1,246        

practitioner has violated any provision of this chapter or any     1,247        

rule adopted under it, other than the provisions of division       1,248        

(B)(26) of section 4731.22 of the Revised Code.  This division     1,249        

does not require reporting by any member of an impaired            1,250        

practitioner committee established by a health care facility or    1,251        

by any representative or agent of a committee or program           1,252        

sponsored by a professional association or society of individuals  1,254        

                                                          28     


                                                                 
authorized to practice under this chapter to provide peer          1,255        

assistance to practitioners with substance abuse problems with     1,256        

respect to a practitioner who has been referred for examination    1,257        

to a treatment program approved by the board under section         1,258        

4731.25 of the Revised Code if the practitioner cooperates with    1,259        

the referral for examination and with any determination that the   1,260        

practitioner should enter treatment and as long as the committee   1,262        

member, representative, or agent has no reason to believe that     1,263        

the practitioner has ceased to participate in the treatment        1,264        

program in accordance with section 4731.25 of the Revised Code or  1,265        

has violated any provision of this chapter or any rule adopted     1,267        

under it, other than the provisions of division (B)(26) of         1,269        

section 4731.22 of the Revised Code.                                            

      (C)  Any professional association or society composed        1,271        

primarily of doctors of medicine and surgery, doctors of           1,273        

osteopathic medicine and surgery, doctors of podiatry, or          1,274        

practitioners of limited branches of medicine that suspends or     1,275        

revokes an individual's membership for violations of professional  1,277        

ethics, or for reasons of professional incompetence or             1,278        

professional malpractice, within sixty days after a final          1,279        

decision shall report to the board, on forms prescribed and        1,280        

provided by the board, the name of the individual, the action      1,281        

taken by the professional organization, and a summary of the       1,282        

underlying facts leading to the action taken.                      1,283        

      The filing of a report with the board or decision not to     1,285        

file a report, investigation by the board, or any disciplinary     1,286        

action taken by the board, does not preclude a professional        1,287        

organization from taking disciplinary action against an            1,288        

individual.                                                                     

      (D)  Any insurer providing professional liability insurance  1,290        

to an individual authorized to practice under this chapter, or     1,292        

any other entity that seeks to indemnify the professional          1,293        

liability of such an individual, shall notify the board within     1,294        

thirty days after the final disposition of any written claim for   1,295        

                                                          29     


                                                                 
damages where such disposition results in a payment exceeding      1,296        

twenty-five thousand dollars.  The notice shall contain the        1,297        

following information:                                             1,298        

      (1)  The name and address of the person submitting the       1,300        

notification;                                                      1,301        

      (2)  The name and address of the insured who is the subject  1,303        

of the claim;                                                      1,304        

      (3)  The name of the person filing the written claim;        1,306        

      (4)  The date of final disposition;                          1,308        

      (5)  If applicable, the identity of the court in which the   1,310        

final disposition of the claim took place.                         1,311        

      (E)  The board may investigate possible violations of this   1,313        

chapter or the rules adopted under it that are brought to its      1,314        

attention as a result of the reporting requirements of this        1,317        

section, except that the board shall conduct an investigation if   1,318        

a possible violation involves repeated malpractice.  As used in    1,320        

this division, "repeated malpractice" means three or more claims   1,321        

for medical malpractice within the previous five-year period,      1,322        

each resulting in a judgment or settlement in excess of                         

twenty-five thousand dollars in favor of the claimant, and each    1,323        

involving negligent conduct by the practicing individual.          1,325        

      (F)  All summaries, reports, and records received and        1,327        

maintained by the board pursuant to this section shall be held in  1,328        

confidence and shall not be subject to discovery or introduction   1,329        

in evidence in any federal or state civil action involving a       1,330        

health care professional or facility arising out of matters that   1,332        

are the subject of the reporting required by this section.  The    1,333        

board may use the information obtained only as the basis for an    1,334        

investigation, as evidence in a disciplinary hearing against an    1,335        

individual whose practice is regulated under this chapter, or in   1,336        

any subsequent trial or appeal of a board action or order.         1,338        

      The board may disclose the summaries and reports it          1,341        

receives under this section only to health care facility           1,342        

committees within or outside this state that are involved in       1,343        

                                                          30     


                                                                 
credentialing or recredentialing the individual or in reviewing    1,344        

the individual's clinical privileges.  The board shall indicate    1,345        

whether or not the information has been verified.  Information     1,346        

transmitted by the board shall be subject to the same              1,347        

confidentiality provisions as when maintained by the board.        1,348        

      (G)  Except for reports filed by an individual pursuant to   1,351        

division (B) of this section, the board shall send a copy of any   1,352        

reports or summaries it receives pursuant to this section to the   1,353        

individual who is the subject of the reports or summaries.  The    1,355        

individual shall have the right to file a statement with the       1,356        

board concerning the correctness or relevance of the information.  1,357        

The statement shall at all times accompany that part of the        1,358        

record in contention.                                              1,359        

      (H)  An individual or entity that, pursuant to this          1,362        

section, reports to the board or refers an impaired practitioner   1,363        

to a treatment provider approved by the board under section        1,364        

4731.25 of the Revised Code shall not be subject to suit for       1,365        

civil damages as a result of the report, referral, or provision    1,367        

of the information.                                                             

      (I)  In the absence of fraud or bad faith, no professional   1,369        

association or society of individuals authorized to practice       1,370        

under this chapter that sponsors a committee or program to         1,372        

provide peer assistance to practitioners with substance abuse      1,373        

problems, no representative or agent of such a committee or        1,374        

program, and no member of the state medical board shall be held    1,375        

liable in damages to any person by reason of actions taken to      1,376        

refer a practitioner to a treatment provider approved under        1,377        

section 4731.25 of the Revised Code for examination or treatment.  1,378        

      Sec. 4731.24.  Except as provided in sections 4731.281 and   1,388        

4731.40 of the Revised Code, all receipts of the state medical     1,389        

board, from any source, shall be deposited in the state treasury.  1,390        

Until July 1, 1998, the funds shall be deposited to the credit of  1,391        

the occupational licensing and regulatory fund.  On and after      1,392        

July 1, 1998, the funds shall be deposited to the credit of the    1,393        

                                                          31     


                                                                 
state medical board operating fund, which is hereby created on     1,394        

July 1, 1998.  All funds deposited into the state treasury under   1,395        

this section shall be used solely for the administration and       1,396        

enforcement of this chapter and Chapter CHAPTERS 4730. AND 4762.   1,398        

of the Revised Code by the board.                                               

      Sec. 4731.25.  The state medical board, in accordance with   1,407        

Chapter 119. of the Revised Code, shall adopt and may amend and    1,408        

rescind rules establishing standards for approval of physicians    1,409        

and facilities as treatment providers for impaired practitioners   1,410        

who are regulated under this chapter or Chapter 4730. OR 4762. of  1,412        

the Revised Code.  The rules shall include standards for both      1,413        

inpatient and outpatient treatment.  The rules shall provide that  1,414        

in order to be approved, a treatment provider must have the        1,415        

capability of making an initial examination to determine what      1,416        

type of treatment an impaired practitioner requires.  Subject to   1,417        

the rules, the board shall review and approve treatment providers  1,418        

on a regular basis.  The board, at its discretion, may withdraw    1,419        

or deny approval subject to the rules.                             1,420        

      An approved impaired practitioner treatment provider shall:  1,422        

      (A)  Report to the board the name of any practitioner        1,424        

suffering or showing evidence of suffering impairment as           1,425        

described in division (B)(5) of section 4730.25 of the Revised     1,427        

Code or, division (B)(26) of section 4731.22 of the Revised Code,  1,429        

OR DIVISION (B)(6) OF SECTION 4762.13 OF THE REVISED CODE who                   

fails to comply within one week with a referral for examination;   1,431        

      (B)  Report to the board the name of any impaired            1,433        

practitioner who fails to enter treatment within forty-eight       1,434        

hours following the provider's determination that the              1,435        

practitioner needs treatment;                                      1,436        

      (C)  Require every practitioner who enters treatment to      1,438        

agree to a treatment contract establishing the terms of treatment  1,439        

and aftercare, including any required supervision or restrictions  1,440        

of practice during treatment or aftercare;                         1,441        

      (D)  Require a practitioner to suspend practice upon entry   1,443        

                                                          32     


                                                                 
into any required inpatient treatment;                             1,444        

      (E)  Report to the board any failure by an impaired          1,446        

practitioner to comply with the terms of the treatment contract    1,447        

during inpatient or outpatient treatment or aftercare;             1,448        

      (F)  Report to the board the resumption of practice of any   1,450        

impaired practitioner before the treatment provider has made a     1,451        

clear determination that the practitioner is capable of            1,452        

practicing according to acceptable and prevailing standards of     1,453        

care;                                                              1,454        

      (G)  Require a practitioner who resumes practice after       1,456        

completion of treatment to comply with an aftercare contract that  1,457        

meets the requirements of rules adopted by the board for approval  1,458        

of treatment providers;                                            1,459        

      (H)  Report the identity of any practitioner practicing      1,461        

under the terms of an aftercare contract to hospital               1,462        

administrators, medical chiefs of staff, and chairpersons of       1,463        

impaired practitioner committees of all health care institutions   1,465        

at which the practitioner holds clinical privileges or otherwise   1,466        

practices.  If the practitioner does not hold clinical privileges  1,468        

at any health care institution, the treatment provider shall       1,469        

report the practitioner's identity to the impaired practitioner    1,470        

committee of the county medical society, osteopathic academy, or   1,471        

podiatric medical association in every county in which the         1,472        

practitioner practices.  If there are no impaired practitioner     1,473        

committees in the county, the treatment provider shall report the  1,475        

practitioner's identity to the president or other designated       1,476        

member of the county medical society, osteopathic academy, or      1,477        

podiatric medical association.                                     1,478        

      (I)  Report to the board the identity of any practitioner    1,480        

who suffers a relapse at any time during or following aftercare.   1,481        

      Any individual authorized to practice under this chapter     1,484        

who enters into treatment by an approved treatment provider shall  1,485        

be deemed to have waived any confidentiality requirements that     1,486        

would otherwise prevent the treatment provider from making         1,487        

                                                          33     


                                                                 
reports required under this section.                               1,488        

      In the absence of fraud or bad faith, no person or           1,490        

organization that conducts an approved impaired practitioner       1,491        

treatment program, no member of such an organization, and no       1,493        

employee, representative, or agent of the treatment provider       1,494        

shall be held liable in damages to any person by reason of         1,495        

actions taken or recommendations made by the treatment provider    1,496        

or its employees, representatives, or agents.                                   

      Sec. 4731.281.  (A)  On or before the deadline established   1,505        

under division (B) of this section for applying for renewal of a   1,507        

certificate of registration, each person holding a certificate     1,508        

under this chapter to practice medicine and surgery, osteopathic   1,509        

medicine and surgery, or podiatry shall certify to the state       1,510        

medical board that in the preceding two years the person has       1,511        

completed one hundred hours of continuing medical education.  The  1,512        

certification shall be made upon the application for biennial      1,513        

registration submitted pursuant to division (B) of this section.   1,515        

The board shall adopt rules providing for pro rata reductions by   1,516        

month of the number of hours of continuing education required for  1,518        

persons who are in their first registration period, who have a                  

registration period of less than two years due to initial          1,519        

implementation of the staggered renewal schedule established       1,520        

under division (B) of this section, who have been disabled due to  1,522        

illness or accident, or who have been absent from the country.     1,523        

      In determining whether a course, program, or activity        1,525        

qualifies for credit as continuing medical education, the board    1,526        

shall approve all continuing medical education taken by persons    1,528        

holding a certificate to practice medicine and surgery that is     1,529        

certified by the Ohio state medical association, all continuing    1,530        

medical education taken by persons holding a certificate to        1,531        

practice osteopathic medicine and surgery that is certified by     1,532        

the Ohio osteopathic association, and all continuing medical       1,533        

education taken by persons holding a certificate to practice       1,534        

podiatry that is certified by the Ohio podiatric medical           1,535        

                                                          34     


                                                                 
association.  Each person holding a certificate to practice under  1,537        

this chapter shall be given sufficient choice of continuing        1,538        

education programs to ensure that the person has had a reasonable  1,539        

opportunity to participate in continuing education programs that   1,541        

are relevant to the person's medical practice in terms of subject  1,543        

matter and level.                                                               

      The board may require a random sample of persons holding a   1,546        

certificate to practice under this chapter to submit materials     1,547        

documenting completion of the continuing medical education         1,548        

requirement during the preceding registration period, but this     1,549        

provision shall not limit the board's authority to investigate     1,550        

pursuant to section 4731.22 of the Revised Code.                   1,551        

      (B)(1)  Every person holding a certificate under this        1,553        

chapter to practice medicine and surgery, osteopathic medicine     1,554        

and surgery, or podiatry wishing to renew that certificate shall   1,555        

apply to the board for a certificate of registration upon an       1,557        

application furnished by the board, and pay to the board at the    1,558        

time of application a fee of three hundred five dollars,           1,559        

according to the following schedule:                               1,560        

      (a)  Persons whose last name begins with the letters "A"     1,562        

through "B," on or before April 1, 2001, and the first day of      1,563        

April of every odd-numbered year thereafter;                       1,564        

      (b)  Persons whose last name begins with the letters "C"     1,566        

through "D," on or before January 1, 2001, and the first day of    1,567        

January of every odd-numbered year thereafter;                     1,568        

      (c)  Persons whose last name begins with the letters "E"     1,571        

through "G," on or before October 1, 2000, and the first day of    1,573        

October of every even-numbered year thereafter;                    1,574        

      (d)  Persons whose last name begins with the letters "H"     1,577        

through "K," on or before July 1, 2000, and the first day of July  1,579        

of every even-numbered year thereafter;                                         

      (e)  Persons whose last name begins with the letters "L"     1,582        

through "M," on or before April 1, 2000, and the first day of      1,584        

April of every even-numbered year thereafter;                                   

                                                          35     


                                                                 
      (f)  Persons whose last name begins with the letters "N"     1,587        

through "R," on or before January 1, 2000, and the first day of    1,590        

January of every even-numbered year thereafter;                    1,591        

      (g)  Persons whose last name begins with the letter "S," on  1,594        

or before October 1, 1999, and the first day of October of every   1,595        

odd-numbered year thereafter;                                                   

      (h)  Persons whose last name begins with the letters "T"     1,598        

through "Z," on or before July 1, 1999, and the first day of July  1,599        

of every odd-numbered year thereafter.                             1,600        

      The board shall deposit the fee in accordance with section   1,603        

4731.24 of the Revised Code, except that, until July 30, 2001,     1,605        

the board shall deposit twenty dollars of the fee into the state   1,606        

treasury to the credit of the physician loan repayment fund        1,607        

created by section 3702.78 of the Revised Code.                    1,608        

      (2)  The board shall mail or cause to be mailed to every     1,610        

person registered to practice medicine and surgery, osteopathic    1,611        

medicine and surgery, or podiatry, an application for              1,612        

registration addressed to the person's last known post-office      1,613        

address or may cause the application to be sent to the person      1,615        

through the secretary of any recognized medical, osteopathic, or   1,616        

podiatric society, according to the following schedule:            1,617        

      (a)  To persons whose last name begins with the letters "A"  1,619        

through "B," on or before January 1, 2001, and the first day of    1,621        

January of every odd-numbered year thereafter;                                  

      (b)  To persons whose last name begins with the letters "C"  1,624        

through "D," on or before October 1, 2000, and the first day of    1,625        

October of every even-numbered year thereafter;                    1,626        

      (c)  To persons whose last name begins with the letters "E"  1,629        

through "G," on or before July 1, 2000, and the first day of July  1,632        

of every even-numbered year thereafter;                            1,633        

      (d)  To persons whose last name begins with the letters "H"  1,636        

through "K," on or before April 1, 2000, and the first day of      1,639        

April of every even-numbered year thereafter;                      1,640        

      (e)  To persons whose last name begins with the letters "L"  1,643        

                                                          36     


                                                                 
through "M," on or before January 1, 2000, and the first day of    1,646        

January of every even-numbered year thereafter;                    1,647        

      (f)  To persons whose last name begins with the letters "N"  1,650        

through "R," on or before October 1, 1999, and the first day of    1,653        

October of every odd-numbered year thereafter;                     1,654        

      (g)  To persons whose last name begins with the letter "S,"  1,657        

on or before July 1, 1999, and the first day of July of every      1,659        

odd-numbered year thereafter;                                      1,660        

      (h)  To persons whose last name begins with the letters "T"  1,663        

through "Z," on or before April 1, 1999, and the first day of      1,666        

April of every odd-numbered year thereafter.                       1,667        

      Failure of any person to receive an application from the     1,670        

board shall not excuse the person from the requirements contained  1,671        

in this section.  The application shall contain proper spaces for  1,672        

the applicant's signature and the insertion of the required        1,673        

information, including a statement that the person has fulfilled   1,675        

the continuing education requirements imposed by this section.     1,676        

      The applicant shall write or cause to be written upon the    1,678        

application so furnished the applicant's full name, principal      1,680        

practice address and residence address, the number of the          1,682        

applicant's certificate to practice, and any other facts for the   1,684        

identification of the applicant as a person holding a certificate  1,685        

to practice under this chapter as the board considers necessary.   1,686        

The applicant shall include with the application a list of the     1,687        

names and addresses of any clinical nurse specialists, certified   1,688        

nurse-midwives, or certified nurse practitioners with whom the     1,689        

applicant is currently collaborating, as defined in section        1,690        

4723.02 of the Revised Code.  The applicant shall execute and      1,693        

deliver the application to the board by mail or in person.  Every  1,694        

person registered under this section shall give written notice to  1,695        

the board of any change of principal practice address or           1,696        

residence address or in the list within thirty days of the         1,697        

change.                                                                         

      The applicant shall report any criminal offense that         1,699        

                                                          37     


                                                                 
constitutes grounds for refusal of registration under section      1,700        

4731.22 of the Revised Code to which the applicant has pleaded     1,701        

guilty, of which the applicant has been found guilty, or for       1,704        

which the applicant has been found eligible for treatment                       

INTERVENTION in lieu of conviction, since last signing an          1,707        

application for a certificate of registration.                     1,708        

      (C)  The board shall issue to any person holding a           1,710        

certificate under this chapter to practice medicine and surgery,   1,711        

osteopathic medicine and surgery, or podiatry, upon application    1,712        

and qualification therefor in accordance with this section, a      1,713        

certificate of registration under the seal of the board.  A        1,714        

certificate of registration shall be valid for a two-year period,  1,715        

commencing on the first day of the third month after the           1,717        

registration fee is due and expiring on the last day of the month  1,719        

two years thereafter.                                              1,720        

      The board shall publish and cause to be mailed to each       1,724        

person registered under this section, upon request, a printed      1,725        

list of the persons so registered.                                              

      (D)  Failure of any certificate holder to register and       1,727        

comply with this section shall operate automatically to suspend    1,728        

the holder's certificate to practice.  Continued practice after    1,731        

the suspension of the certificate to practice shall be considered  1,732        

as practicing in violation of section 4731.41, 4731.43, or         1,734        

4731.60 of the Revised Code.  Subject to section 4731.222 of the   1,735        

Revised Code, the board shall reinstate a certificate to practice  1,736        

for failure to register upon an applicant's submission of the      1,737        

biennial registration fee, the applicable monetary penalty, and    1,739        

certification by signature of the applicant that the applicant     1,740        

has completed the requisite continuing medical education.  The     1,741        

penalty for reinstatement shall be fifty dollars if the            1,743        

certificate has been suspended for two years or less and one       1,744        

hundred dollars if the certificate has been suspended for more                  

than two years.  The board shall deposit the penalties in          1,745        

accordance with section 4731.24 of the Revised Code.               1,747        

                                                          38     


                                                                 
      (E)  If an individual certifies completion of the number of  1,749        

hours and type of continuing medical education required to         1,751        

receive a certificate of registration or reinstatement of a        1,752        

certificate to practice, and the board finds through the random    1,753        

samples it conducts under this section or through any other means  1,754        

that the individual did not complete the requisite continuing      1,755        

medical education, the board may impose a civil penalty of not     1,756        

more than five thousand dollars.  The board's finding shall be     1,757        

made pursuant to an adjudication under Chapter 119. of the         1,758        

Revised Code and by an affirmative vote of not fewer than six      1,760        

members.                                                                        

      A civil penalty imposed under this division may be in        1,762        

addition to or in lieu of any other action the board may take      1,763        

under section 4731.22 of the Revised Code.  The board shall        1,765        

deposit civil penalties in accordance with section 4731.24 of the  1,766        

Revised Code.                                                                   

      (F)  The state medical board may obtain information not      1,768        

protected by statutory or common law privilege from courts and     1,769        

other sources concerning malpractice claims against any person     1,770        

holding a certificate to practice under this chapter or            1,771        

practicing as provided in section 4731.36 of the Revised Code.     1,772        

      Sec. 4731.36.  (A)  Sections 4731.01 to 4731.47 of the       1,781        

Revised Code shall not prohibit service in case of emergency, or   1,782        

domestic administration of family remedies.  Such sections shall   1,783        

not apply to a commissioned medical officer of the United States   1,784        

army, navy, or marine hospital service in the discharge of his     1,785        

THE OFFICER'S professional duties, or to a regularly qualified     1,786        

dentist when engaged exclusively in the practice of dentistry, or  1,788        

when administering anaesthetics, or to a physician or surgeon      1,789        

residing in another state or territory who is a legal              1,790        

practitioner of medicine or surgery therein, when in consultation  1,791        

with a regular practitioner of this state; nor shall such          1,792        

sections apply to a physician or surgeon residing on the border    1,793        

of a neighboring state and authorized under the laws thereof to    1,794        

                                                          39     


                                                                 
practice medicine and surgery therein, whose practice extends      1,795        

within the limits of this state; provided equal rights and         1,796        

privileges are accorded by such neighboring state to the           1,797        

physicians and surgeons residing on the border of this state       1,798        

contiguous to such neighboring state. Such practitioner shall not  1,799        

open an office or appoint a place to see patients or receive       1,800        

calls within the limits of this state.                                          

      (B)  Sections 4731.51 to 4731.61 of the Revised Code do not  1,802        

apply to any graduate of a podiatric school or college while       1,803        

performing those acts that may be prescribed by or incidental to   1,804        

participation in an accredited podiatric internship, residency,    1,805        

or fellowship program situated in this state approved by the       1,806        

state medical board.                                               1,807        

      (C)  THIS CHAPTER DOES NOT APPLY TO AN ACUPUNCTURIST WHO     1,809        

COMPLIES WITH CHAPTER 4762. OF THE REVISED CODE.                   1,810        

      Sec. 4762.01.  AS USED IN THIS CHAPTER:                      1,812        

      (A)  "ACUPUNCTURE" MEANS A FORM OF HEALTH CARE PERFORMED BY  1,814        

THE INSERTION AND REMOVAL OF SPECIALIZED NEEDLES, WITH OR WITHOUT  1,815        

THE APPLICATION OF MOXIBUSTION OR ELECTRICAL STIMULATION, TO       1,816        

SPECIFIC AREAS OF THE BODY.                                        1,817        

      (B)   "MOXIBUSTION" MEANS THE USE OF AN HERBAL HEAT SOURCE   1,818        

ON ONE OR MORE ACUPUNCTURE POINTS.                                 1,819        

      (C)  "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER        1,822        

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND                      

SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY.            1,823        

      Sec. 4762.02.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    1,825        

THIS SECTION, NO PERSON SHALL ENGAGE IN THE PRACTICE OF            1,826        

ACUPUNCTURE UNLESS THE PERSON HOLDS A VALID CERTIFICATE OF         1,827        

REGISTRATION AS AN ACUPUNCTURIST ISSUED BY THE STATE MEDICAL       1,830        

BOARD UNDER THIS CHAPTER.                                                       

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO A        1,834        

PHYSICIAN OR TO A PERSON WHO PERFORMS ACUPUNCTURE AS PART OF A                  

TRAINING PROGRAM IN ACUPUNCTURE OPERATED BY AN EDUCATIONAL         1,837        

INSTITUTION THAT HOLDS AN EFFECTIVE CERTIFICATE OF AUTHORIZATION   1,838        

                                                          40     


                                                                 
ISSUED BY THE OHIO BOARD OF REGENTS UNDER SECTION 1713.02 OF THE   1,839        

REVISED CODE OR A SCHOOL THAT HOLDS AN EFFECTIVE CERTIFICATE OF    1,841        

REGISTRATION ISSUED BY THE STATE BOARD OF PROPRIETARY SCHOOL       1,842        

REGISTRATION UNDER SECTION 3332.05 OF THE REVISED CODE.            1,843        

      Sec. 4762.03.  (A)  AN INDIVIDUAL SEEKING A CERTIFICATE OF   1,845        

REGISTRATION AS AN ACUPUNCTURIST SHALL FILE WITH THE STATE         1,846        

MEDICAL BOARD A WRITTEN APPLICATION ON A FORM PRESCRIBED AND       1,847        

SUPPLIED BY THE BOARD.  THE APPLICATION SHALL INCLUDE ALL OF THE   1,848        

FOLLOWING:                                                                      

      (1)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,850        

IS AT LEAST EIGHTEEN YEARS OF AGE AND OF GOOD MORAL CHARACTER;     1,851        

      (2)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,853        

HAS BEEN DESIGNATED AS A DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL  1,855        

CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE     1,856        

AND THAT THE DESIGNATION IS CURRENT AND ACTIVE;                                 

      (3)  ANY OTHER INFORMATION THE BOARD REQUIRES.               1,858        

      (B)  THE BOARD SHALL REVIEW ALL APPLICATIONS RECEIVED UNDER  1,860        

THIS SECTION.  THE BOARD SHALL DETERMINE WHETHER AN APPLICANT      1,861        

MEETS THE REQUIREMENTS TO RECEIVE A CERTIFICATE OF REGISTRATION    1,863        

NOT LATER THAN SIXTY DAYS AFTER RECEIVING A COMPLETE APPLICATION.  1,864        

THE AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD    1,866        

IS REQUIRED TO DETERMINE THAT AN APPLICANT MEETS THE REQUIREMENTS  1,867        

FOR A CERTIFICATE.                                                              

      (C)  AT THE TIME OF MAKING APPLICATION FOR A CERTIFICATE OF  1,869        

REGISTRATION, THE APPLICANT SHALL PAY THE BOARD A FEE OF ONE       1,871        

HUNDRED DOLLARS, NO PART OF WHICH SHALL BE RETURNED.               1,872        

      Sec. 4762.04.  IF THE STATE MEDICAL BOARD DETERMINES UNDER   1,874        

SECTION 4762.03 OF THE REVISED CODE THAT AN APPLICANT MEETS THE    1,875        

REQUIREMENTS FOR A CERTIFICATE OF REGISTRATION AS AN               1,876        

ACUPUNCTURIST, THE SECRETARY OF THE BOARD SHALL REGISTER THE       1,877        

APPLICANT AS AN ACUPUNCTURIST AND ISSUE TO THE APPLICANT A                      

CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST.  THE CERTIFICATE  1,878        

SHALL EXPIRE BIENNIALLY AND MAY BE RENEWED IN ACCORDANCE WITH      1,879        

SECTION 4762.06 OF THE REVISED CODE.                                            

                                                          41     


                                                                 
      Sec. 4762.05.  UPON APPLICATION BY THE HOLDER OF A           1,881        

CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST, THE STATE         1,882        

MEDICAL BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO REPLACE ONE   1,883        

THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, OR FOR ANY   1,884        

OTHER REASONABLE CAUSE.  THE FEE FOR A DUPLICATE CERTIFICATE IS    1,885        

THIRTY-FIVE DOLLARS.                                                            

      Sec. 4762.06.  (A)  A PERSON SEEKING TO RENEW A CERTIFICATE  1,887        

OF REGISTRATION AS AN ACUPUNCTURIST SHALL, ON OR BEFORE THE        1,888        

THIRTY-FIRST DAY OF JANUARY OF EACH EVEN-NUMBERED YEAR, APPLY FOR  1,890        

RENEWAL OF THE CERTIFICATE.  THE STATE MEDICAL BOARD SHALL SEND    1,891        

RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE EXPIRATION DATE.   1,893        

      APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE    1,895        

BOARD SHALL PRESCRIBE AND SUPPLY.  EACH APPLICATION SHALL BE       1,896        

ACCOMPANIED BY A BIENNIAL RENEWAL FEE OF ONE HUNDRED DOLLARS.      1,897        

      THE APPLICANT SHALL REPORT ANY CRIMINAL OFFENSE THAT         1,899        

CONSTITUTES GROUNDS FOR REFUSING TO ISSUE A CERTIFICATE OF         1,900        

REGISTRATION UNDER SECTION 4762.13 OF THE REVISED CODE TO WHICH    1,901        

THE APPLICANT HAS PLEADED GUILTY, OF WHICH THE APPLICANT HAS BEEN  1,903        

FOUND GUILTY, OR FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE   1,904        

FOR INTERVENTION IN LIEU OF CONVICTION, SINCE LAST SIGNING AN      1,906        

APPLICATION FOR A CERTIFICATE OF REGISTRATION AS AN                1,907        

ACUPUNCTURIST.                                                                  

      (B)  TO BE ELIGIBLE FOR RENEWAL, AN ACUPUNCTURIST MUST       1,909        

CERTIFY TO THE BOARD THAT THE ACUPUNCTURIST HAS MAINTAINED THE     1,910        

ACUPUNCTURIST'S DESIGNATION AS A DIPLOMATE IN ACUPUNCTURE BY THE   1,912        

NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL     1,913        

MEDICINE.                                                                       

      (C)  IF AN APPLICANT SUBMITS A COMPLETE RENEWAL APPLICATION  1,915        

AND QUALIFIES FOR RENEWAL PURSUANT TO DIVISION (B) OF THIS         1,917        

SECTION, THE BOARD SHALL ISSUE TO THE APPLICANT A RENEWED          1,918        

CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST.                   1,919        

      (D)  A CERTIFICATE OF REGISTRATION THAT IS NOT RENEWED ON    1,921        

OR BEFORE ITS EXPIRATION DATE IS AUTOMATICALLY SUSPENDED ON ITS    1,924        

EXPIRATION DATE.  THE BOARD SHALL REINSTATE A CERTIFICATE          1,926        

                                                          42     


                                                                 
SUSPENDED FOR FAILURE TO RENEW UPON AN APPLICANT'S SUBMISSION OF   1,927        

THE BIENNIAL RENEWAL FEE AND THE APPLICABLE MONETARY PENALTY.                   

THE PENALTY FOR REINSTATEMENT IS TWENTY-FIVE DOLLARS IF THE        1,928        

CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY     1,930        

DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO    1,931        

YEARS.                                                                          

      Sec. 4762.08.  A PERSON WHO HOLDS A CERTIFICATE OF           1,933        

REGISTRATION AS AN ACUPUNCTURIST ISSUED UNDER THIS CHAPTER MAY     1,935        

USE THE FOLLOWING TITLES, INITIALS, OR ABBREVIATIONS, OR THE       1,936        

EQUIVALENT OF SUCH TITLES, INITIALS, OR ABBREVIATIONS, TO          1,937        

IDENTIFY THE PERSON AS AN ACUPUNCTURIST:  "ACUPUNCTURIST,"         1,939        

"REGISTERED ACUPUNCTURIST," "R. AC.," "REG. AC.," "CERTIFIED       1,941        

ACUPUNCTURIST," "C.A.," "C. AC.," "DIPLOMATE OF ACUPUNCTURE        1,943        

(NCCAOM)," "DIPL. AC. (NCCAOM)," OR "NATIONAL BOARD CERTIFIED IN   1,946        

ACUPUNCTURE (NCCAOM)."  THE PERSON SHALL NOT USE OTHER TITLES,     1,948        

INITIALS, OR ABBREVIATIONS IN CONJUNCTION WITH THE PERSON'S        1,949        

PRACTICE OF ACUPUNCTURE, INCLUDING THE TITLE "DOCTOR."                          

      Sec. 4762.09.  AN ACUPUNCTURIST SHALL CONSPICUOUSLY DISPLAY  1,951        

AT THE ACUPUNCTURIST'S PRIMARY PLACE OF BUSINESS BOTH OF THE       1,952        

FOLLOWING:                                                                      

      (A)  A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE       1,954        

MEDICAL BOARD UNDER THIS CHAPTER AS EVIDENCE THAT THE              1,955        

ACUPUNCTURIST IS AUTHORIZED TO PRACTICE ACUPUNCTURE IN THIS        1,957        

STATE;                                                                          

      (B)  A NOTICE SPECIFYING THAT THE PRACTICE OF ACUPUNCTURE    1,959        

IS REGULATED BY THE STATE MEDICAL BOARD AND THE ADDRESS AND        1,960        

TELEPHONE NUMBER OF THE BOARD'S OFFICE.                            1,961        

      Sec. 4762.10.  ALL OF THE FOLLOWING APPLY TO THE PRACTICE    1,963        

OF A PERSON WHO HOLDS A CERTIFICATE OF REGISTRATION AS AN          1,964        

ACUPUNCTURIST ISSUED UNDER THIS CHAPTER:                           1,965        

      (A)  THE ACUPUNCTURIST SHALL PERFORM ACUPUNCTURE FOR A       1,967        

PATIENT ONLY IF THE PATIENT HAS RECEIVED A PHYSICIAN'S WRITTEN     1,968        

REFERRAL OR PRESCRIPTION FOR ACUPUNCTURE.  AS SPECIFIED IN THE     1,969        

REFERRAL OR PRESCRIPTION, THE ACUPUNCTURIST SHALL PROVIDE REPORTS  1,970        

                                                          43     


                                                                 
TO THE PHYSICIAN ON THE PATIENT'S CONDITION OR PROGRESS IN         1,971        

TREATMENT AND COMPLY WITH THE CONDITIONS OR RESTRICTIONS ON THE    1,972        

ACUPUNCTURIST'S COURSE OF TREATMENT.                               1,973        

      (B)  THE ACUPUNCTURIST SHALL PERFORM ACUPUNCTURE UNDER THE   1,976        

GENERAL SUPERVISION OF THE PATIENT'S REFERRING OR PRESCRIBING      1,977        

PHYSICIAN.  GENERAL SUPERVISION DOES NOT REQUIRE THAT THE          1,980        

ACUPUNCTURIST AND PHYSICIAN PRACTICE IN THE SAME OFFICE.           1,981        

      (C)  PRIOR TO TREATING A PATIENT, THE ACUPUNCTURIST SHALL    1,983        

ADVISE THE PATIENT THAT ACUPUNCTURE IS NOT A SUBSTITUTE FOR        1,984        

CONVENTIONAL MEDICAL DIAGNOSIS AND TREATMENT.                      1,985        

      (D)  ON INITIALLY MEETING A PATIENT IN PERSON, THE           1,987        

ACUPUNCTURIST SHALL PROVIDE IN WRITING THE ACUPUNCTURIST'S NAME,   1,988        

BUSINESS ADDRESS, AND BUSINESS TELEPHONE NUMBER, AND INFORMATION   1,990        

ON ACUPUNCTURE, INCLUDING THE TECHNIQUES THAT ARE USED.            1,991        

      (E)  WHILE TREATING A PATIENT, THE ACUPUNCTURIST SHALL NOT   1,994        

MAKE A DIAGNOSIS.  IF A PATIENT'S CONDITION IS NOT IMPROVING OR A  1,995        

PATIENT REQUIRES EMERGENCY MEDICAL TREATMENT, THE ACUPUNCTURIST    1,996        

SHALL CONSULT PROMPTLY WITH THE SUPERVISING PHYSICIAN.             1,997        

      (F)  AN ACUPUNCTURIST SHALL MAINTAIN RECORDS FOR EACH        1,999        

PATIENT TREATED.  IN EACH PATIENT'S RECORDS, THE ACUPUNCTURIST     2,002        

SHALL INCLUDE THE WRITTEN REFERRAL OR PRESCRIPTION PURSUANT TO     2,003        

WHICH THE ACUPUNCTURIST IS TREATING THE PATIENT.  THE RECORDS      2,005        

SHALL BE CONFIDENTIAL AND SHALL BE RETAINED FOR NOT LESS THAN      2,006        

THREE YEARS FOLLOWING TERMINATION OF TREATMENT.                                 

      Sec. 4762.11.  ALL OF THE FOLLOWING APPLY TO AN              2,008        

ACUPUNCTURIST'S SUPERVISING PHYSICIAN FOR A PATIENT:               2,010        

      (A)  BEFORE MAKING THE REFERRAL OR PRESCRIPTION FOR          2,012        

ACUPUNCTURE, THE PHYSICIAN SHALL PERFORM A MEDICAL DIAGNOSTIC      2,014        

EXAMINATION OF THE PATIENT OR REVIEW THE RESULTS OF A MEDICAL      2,015        

DIAGNOSTIC EXAMINATION RECENTLY PERFORMED BY ANOTHER PHYSICIAN.    2,016        

      (B)  THE PHYSICIAN SHALL MAKE THE REFERRAL OR PRESCRIPTION   2,018        

IN WRITING AND SPECIFY IN THE REFERRAL OR PRESCRIPTION ALL OF THE  2,019        

FOLLOWING:                                                         2,020        

      (1)  THE PHYSICIAN'S DIAGNOSIS OF THE AILMENT OR CONDITION   2,022        

                                                          44     


                                                                 
THAT IS TO BE TREATED BY ACUPUNCTURE;                              2,023        

      (2)  A TIME BY WHICH OR THE INTERVALS AT WHICH THE           2,025        

ACUPUNCTURIST MUST PROVIDE REPORTS TO THE PHYSICIAN REGARDING THE  2,026        

PATIENT'S CONDITION OR PROGRESS IN TREATMENT;                      2,027        

      (3)  THE CONDITIONS OR RESTRICTIONS PLACED IN ACCORDANCE     2,029        

WITH DIVISION (C) OF THIS SECTION ON THE ACUPUNCTURIST'S COURSE    2,031        

OF TREATMENT.                                                                   

      (C)  THE PHYSICIAN SHALL PLACE CONDITIONS OR RESTRICTIONS    2,034        

ON THE ACUPUNCTURIST'S COURSE OF TREATMENT IN COMPLIANCE WITH      2,035        

ACCEPTED OR PREVAILING STANDARDS OF MEDICAL CARE.                  2,036        

      (D)  THE PHYSICIAN SHALL BE PERSONALLY AVAILABLE FOR         2,039        

CONSULTATION WITH THE ACUPUNCTURIST.  IF THE PHYSICIAN IS NOT ON   2,040        

THE PREMISES AT WHICH ACUPUNCTURE IS PERFORMED, THE PHYSICIAN      2,041        

SHALL BE READILY AVAILABLE TO THE ACUPUNCTURIST THROUGH SOME       2,043        

MEANS OF TELECOMMUNICATION AND BE IN A LOCATION THAT UNDER NORMAL               

CIRCUMSTANCES IS NOT MORE THAN SIXTY MINUTES TRAVEL TIME AWAY      2,044        

FROM THE LOCATION WHERE THE ACUPUNCTURIST IS PRACTICING.           2,045        

      Sec. 4762.12.  IN THE CASE OF A PATIENT WITH A CLAIM UNDER   2,047        

CHAPTER 4121. OR 4123. OF THE REVISED CODE, AN ACUPUNCTURIST'S     2,048        

SUPERVISING PHYSICIAN IS ELIGIBLE TO BE REIMBURSED FOR REFERRING   2,049        

THE PATIENT TO AN ACUPUNCTURIST OR PRESCRIBING ACUPUNCTURE FOR     2,050        

THE PATIENT ONLY IF THE PHYSICIAN HAS ATTAINED KNOWLEDGE IN THE    2,051        

TREATMENT OF PATIENTS WITH ACUPUNCTURE, DEMONSTRATED BY                         

SUCCESSFUL COMPLETION OF A COURSE OF STUDY IN ACUPUNCTURE          2,052        

ADMINISTERED BY A COLLEGE OF MEDICINE, OSTEOPATHIC MEDICINE, OR    2,053        

PODIATRIC MEDICINE ACCEPTABLE TO THE BUREAU OF WORKERS'            2,054        

COMPENSATION OR ADMINISTERED BY ANOTHER ENTITY ACCEPTABLE TO THE                

BUREAU.                                                            2,055        

      Sec. 4762.13.  (A)  THE STATE MEDICAL BOARD, BY AN           2,058        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, MAY REVOKE OR MAY  2,059        

REFUSE TO GRANT A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST  2,060        

TO A PERSON FOUND BY THE BOARD TO HAVE COMMITTED FRAUD,            2,061        

MISREPRESENTATION, OR DECEPTION IN APPLYING FOR OR SECURING THE    2,062        

CERTIFICATE.                                                       2,063        

                                                          45     


                                                                 
      (B)  THE BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN     2,066        

SIX MEMBERS, SHALL, TO THE EXTENT PERMITTED BY LAW, LIMIT,         2,067        

REVOKE, OR SUSPEND AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS  2,068        

AN ACUPUNCTURIST, REFUSE TO ISSUE A CERTIFICATE TO AN APPLICANT,   2,069        

REFUSE TO REINSTATE A CERTIFICATE, OR REPRIMAND OR PLACE ON        2,070        

PROBATION THE HOLDER OF A CERTIFICATE FOR ANY OF THE FOLLOWING     2,072        

REASONS:                                                                        

      (1)  PERMITTING THE HOLDER'S NAME OR CERTIFICATE TO BE USED  2,074        

BY ANOTHER PERSON;                                                 2,075        

      (2)  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS         2,077        

CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR ANY RULES ADOPTED   2,079        

BY THE BOARD;                                                                   

      (3)  VIOLATING OR ATTEMPTING TO VIOLATE, DIRECTLY OR         2,081        

INDIRECTLY, OR ASSISTING IN OR ABETTING THE VIOLATION OF, OR       2,082        

CONSPIRING TO VIOLATE, ANY PROVISION OF THIS CHAPTER, CHAPTER      2,084        

4731. OF THE REVISED CODE, OR THE RULES ADOPTED BY THE BOARD;      2,085        

      (4)  A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL     2,087        

STANDARDS OF CARE OF SIMILAR PRACTITIONERS UNDER THE SAME OR       2,088        

SIMILAR CIRCUMSTANCES WHETHER OR NOT ACTUAL INJURY TO THE PATIENT  2,089        

IS ESTABLISHED;                                                                 

      (5)  INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND       2,092        

PREVAILING STANDARDS OF CARE BY REASON OF MENTAL ILLNESS OR        2,093        

PHYSICAL ILLNESS, INCLUDING PHYSICAL DETERIORATION THAT ADVERSELY  2,094        

AFFECTS COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS;                                 

      (6)  IMPAIRMENT OF ABILITY TO PRACTICE ACCORDING TO          2,096        

ACCEPTABLE AND PREVAILING STANDARDS OF CARE BECAUSE OF HABITUAL    2,097        

OR EXCESSIVE USE OR ABUSE OF DRUGS, ALCOHOL, OR OTHER SUBSTANCES   2,098        

THAT IMPAIR ABILITY TO PRACTICE;                                   2,099        

      (7)  WILLFULLY BETRAYING A PROFESSIONAL CONFIDENCE;          2,101        

      (8)  MAKING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING    2,104        

STATEMENT IN SOLICITING OR ADVERTISING FOR PATIENTS OR IN          2,105        

SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF REGISTRATION TO  2,106        

PRACTICE AS AN ACUPUNCTURIST.                                                   

      AS USED IN THIS DIVISION, "FALSE, FRAUDULENT, DECEPTIVE, OR  2,109        

                                                          46     


                                                                 
MISLEADING STATEMENT" MEANS A STATEMENT THAT INCLUDES A            2,110        

MISREPRESENTATION OF FACT, IS LIKELY TO MISLEAD OR DECEIVE         2,111        

BECAUSE OF A FAILURE TO DISCLOSE MATERIAL FACTS, IS INTENDED OR    2,112        

IS LIKELY TO CREATE FALSE OR UNJUSTIFIED EXPECTATIONS OF           2,113        

FAVORABLE RESULTS, OR INCLUDES REPRESENTATIONS OR IMPLICATIONS     2,114        

THAT IN REASONABLE PROBABILITY WILL CAUSE AN ORDINARILY PRUDENT    2,115        

PERSON TO MISUNDERSTAND OR BE DECEIVED.                                         

      (9)  REPRESENTING, WITH THE PURPOSE OF OBTAINING             2,117        

COMPENSATION OR OTHER ADVANTAGE PERSONALLY OR FOR ANY OTHER        2,118        

PERSON, THAT AN INCURABLE DISEASE OR INJURY, OR OTHER INCURABLE    2,119        

CONDITION, CAN BE PERMANENTLY CURED;                               2,120        

      (10)  THE OBTAINING OF, OR ATTEMPTING TO OBTAIN, MONEY OR A  2,122        

THING OF VALUE BY FRAUDULENT MISREPRESENTATIONS IN THE COURSE OF   2,124        

PRACTICE;                                                                       

      (11)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   2,127        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   2,128        

CONVICTION FOR, A FELONY;                                                       

      (12)  COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN      2,130        

THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS    2,131        

COMMITTED;                                                         2,132        

      (13)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   2,135        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   2,136        

CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF                        

PRACTICE;                                                          2,137        

      (14)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   2,140        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   2,141        

CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE;           2,142        

      (15)  COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT    2,144        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         2,146        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       2,147        

      (16)  COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT    2,149        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         2,150        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       2,151        

      (17)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   2,154        

                                                          47     


                                                                 
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   2,155        

CONVICTION FOR VIOLATING ANY STATE OR FEDERAL LAW REGULATING THE   2,156        

POSSESSION, DISTRIBUTION, OR USE OF ANY DRUG, INCLUDING            2,157        

TRAFFICKING IN DRUGS;                                                           

      (18)  ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE        2,160        

AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF ACUPUNCTURE IN                

ANOTHER JURISDICTION, FOR ANY REASON OTHER THAN THE NONPAYMENT OF  2,162        

FEES:  THE LIMITATION, REVOCATION, OR SUSPENSION OF AN             2,163        

INDIVIDUAL'S LICENSE TO PRACTICE; ACCEPTANCE OF AN INDIVIDUAL'S    2,165        

LICENSE SURRENDER; DENIAL OF A LICENSE; REFUSAL TO RENEW OR        2,166        

REINSTATE A LICENSE; IMPOSITION OF PROBATION; OR ISSUANCE OF AN                 

ORDER OF CENSURE OR OTHER REPRIMAND;                               2,167        

      (19)  VIOLATION OF THE CONDITIONS PLACED BY THE BOARD ON A   2,170        

CERTIFICATE OF REGISTRATION;                                                    

      (20)  FAILURE TO USE UNIVERSAL BLOOD AND BODY FLUID          2,172        

PRECAUTIONS ESTABLISHED BY RULES ADOPTED UNDER SECTION 4731.051    2,173        

OF THE REVISED CODE;                                               2,174        

      (21)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY  2,176        

THE BOARD UNDER SECTION 4762.14 OF THE REVISED CODE, INCLUDING     2,178        

FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR  2,179        

FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT  2,180        

A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE    2,181        

TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS    2,182        

FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT          2,183        

JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA    2,184        

OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE    2,185        

IN ISSUE;                                                                       

      (22)  FAILURE TO COMPLY WITH THE STANDARDS OF THE NATIONAL   2,187        

CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE     2,188        

REGARDING PROFESSIONAL ETHICS, COMMITMENT TO PATIENTS, COMMITMENT  2,189        

TO THE PROFESSION, AND COMMITMENT TO THE PUBLIC.                   2,190        

      (C)  DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER           2,192        

DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO   2,193        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT     2,195        

                                                          48     


                                                                 
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A        2,197        

CONSENT AGREEMENT WITH AN ACUPUNCTURIST OR APPLICANT TO RESOLVE    2,198        

AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED   2,199        

UNDER IT.  A CONSENT AGREEMENT, WHEN RATIFIED BY AN AFFIRMATIVE    2,201        

VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD, SHALL CONSTITUTE  2,202        

THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER     2,203        

ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES TO RATIFY A      2,204        

CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE    2,205        

CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT.                  2,206        

      (D)  FOR PURPOSES OF DIVISIONS (B)(12), (15), AND (16) OF    2,208        

THIS SECTION, THE COMMISSION OF THE ACT MAY BE ESTABLISHED BY A    2,209        

FINDING BY THE BOARD, PURSUANT TO AN ADJUDICATION UNDER CHAPTER    2,211        

119. OF THE REVISED CODE, THAT THE APPLICANT OR CERTIFICATE        2,212        

HOLDER COMMITTED THE ACT IN QUESTION.  THE BOARD SHALL HAVE NO                  

JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE THE TRIAL COURT  2,213        

RENDERS A FINAL JUDGMENT IN THE CERTIFICATE HOLDER'S FAVOR AND     2,214        

THAT JUDGMENT IS BASED UPON AN ADJUDICATION ON THE MERITS.  THE    2,215        

BOARD SHALL HAVE JURISDICTION UNDER THESE DIVISIONS IN CASES       2,216        

WHERE THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL  2,217        

OR PROCEDURAL GROUNDS.                                             2,218        

      (E)  THE SEALING OF CONVICTION RECORDS BY ANY COURT SHALL    2,220        

HAVE NO EFFECT UPON A PRIOR BOARD ORDER ENTERED UNDER THE          2,221        

PROVISIONS OF THIS SECTION OR UPON THE BOARD'S JURISDICTION TO     2,222        

TAKE ACTION UNDER THE PROVISIONS OF THIS SECTION IF, BASED UPON A  2,223        

PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A JUDICIAL         2,225        

FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION,     2,226        

THE BOARD ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO    2,228        

THE COURT'S ORDER TO SEAL THE RECORDS.  THE BOARD SHALL NOT BE     2,229        

REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS         2,230        

RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS.      2,231        

      (F)  FOR PURPOSES OF THIS DIVISION, ANY INDIVIDUAL WHO       2,234        

HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER, OR  2,235        

APPLIES FOR A CERTIFICATE OF REGISTRATION, SHALL BE DEEMED TO      2,236        

HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION   2,237        

                                                          49     


                                                                 
WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD AND TO HAVE WAIVED  2,238        

ALL OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION    2,239        

REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION.                2,240        

      (1)  IN ENFORCING DIVISION (B)(5) OF THIS SECTION, THE       2,243        

BOARD, UPON A SHOWING OF A POSSIBLE VIOLATION, MAY COMPEL ANY      2,244        

INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER    2,245        

THIS CHAPTER OR WHO HAS APPLIED FOR A CERTIFICATE OF REGISTRATION  2,246        

PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL EXAMINATION,        2,247        

PHYSICAL EXAMINATION, INCLUDING AN HIV TEST, OR BOTH A MENTAL AND  2,248        

PHYSICAL EXAMINATION.  THE EXPENSE OF THE EXAMINATION IS THE       2,250        

RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED.         2,251        

FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION OR CONSENT   2,252        

TO AN HIV TEST ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF    2,253        

THE ALLEGATIONS AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE   2,254        

TO CIRCUMSTANCES BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT    2,255        

AND FINAL ORDER MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR  2,256        

PRESENTATION OF EVIDENCE.  IF THE BOARD FINDS AN ACUPUNCTURIST     2,257        

UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION    2,259        

(B)(5) OF THIS SECTION, THE BOARD SHALL REQUIRE THE ACUPUNCTURIST  2,260        

TO SUBMIT TO CARE, COUNSELING, OR TREATMENT BY PHYSICIANS          2,261        

APPROVED OR DESIGNATED BY THE BOARD, AS A CONDITION FOR AN         2,262        

INITIAL, CONTINUED, REINSTATED, OR RENEWED CERTIFICATE OF          2,263        

REGISTRATION.  AN INDIVIDUAL AFFECTED BY THIS DIVISION SHALL BE    2,264        

AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE BOARD THE ABILITY    2,265        

TO RESUME PRACTICING IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING  2,266        

STANDARDS OF CARE.                                                              

      (2)  FOR PURPOSES OF DIVISION (B)(6) OF THIS SECTION, IF     2,269        

THE BOARD HAS REASON TO BELIEVE THAT ANY INDIVIDUAL WHO HOLDS A    2,270        

CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR ANY       2,271        

APPLICANT FOR A CERTIFICATE OF REGISTRATION SUFFERS SUCH                        

IMPAIRMENT, THE BOARD MAY COMPEL THE INDIVIDUAL TO SUBMIT TO A     2,272        

MENTAL OR PHYSICAL EXAMINATION, OR BOTH.  THE EXPENSE OF THE       2,273        

EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO   2,276        

BE EXAMINED.  ANY MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER    2,278        

                                                          50     


                                                                 
THIS DIVISION SHALL BE UNDERTAKEN BY A TREATMENT PROVIDER OR       2,279        

PHYSICIAN QUALIFIED TO CONDUCT SUCH EXAMINATION AND CHOSEN BY THE  2,280        

BOARD.                                                                          

      FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION        2,283        

ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS   2,285        

AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES  2,286        

BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER     2,287        

MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF  2,288        

EVIDENCE.  IF THE BOARD DETERMINES THAT THE INDIVIDUAL'S ABILITY   2,289        

TO PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S  2,290        

CERTIFICATE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL         2,291        

REQUIRE THE INDIVIDUAL, AS A CONDITION FOR AN INITIAL, CONTINUED,  2,292        

REINSTATED, OR RENEWED CERTIFICATE OF REGISTRATION, TO SUBMIT TO   2,293        

TREATMENT.                                                         2,294        

      BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A        2,296        

CERTIFICATE SUSPENDED UNDER THIS DIVISION, THE ACUPUNCTURIST       2,297        

SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME PRACTICE IN   2,299        

COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE.  THE  2,300        

DEMONSTRATION SHALL INCLUDE THE FOLLOWING:                         2,301        

      (a)  CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER  2,304        

SECTION 4731.25 OF THE REVISED CODE THAT THE INDIVIDUAL HAS        2,305        

SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT;           2,306        

      (b)  EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN          2,309        

AFTERCARE CONTRACT OR CONSENT AGREEMENT;                                        

      (c)  TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S    2,312        

ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS  2,313        

BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND                    

PREVAILING STANDARDS OF CARE.  THE REPORTS SHALL BE MADE BY        2,314        

INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING SUCH     2,315        

ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION.  2,317        

      THE BOARD MAY REINSTATE A CERTIFICATE SUSPENDED UNDER THIS   2,320        

DIVISION AFTER SUCH DEMONSTRATION AND AFTER THE INDIVIDUAL HAS     2,321        

ENTERED INTO A WRITTEN CONSENT AGREEMENT.                                       

      WHEN THE IMPAIRED ACUPUNCTURIST RESUMES PRACTICE, THE BOARD  2,324        

                                                          51     


                                                                 
SHALL REQUIRE CONTINUED MONITORING OF THE ACUPUNCTURIST.  THE                   

MONITORING SHALL INCLUDE MONITORING OF COMPLIANCE WITH THE         2,326        

WRITTEN CONSENT AGREEMENT ENTERED INTO BEFORE REINSTATEMENT OR     2,327        

WITH CONDITIONS IMPOSED BY BOARD ORDER AFTER A HEARING, AND, UPON  2,328        

TERMINATION OF THE CONSENT AGREEMENT, SUBMISSION TO THE BOARD FOR  2,329        

AT LEAST TWO YEARS OF ANNUAL WRITTEN PROGRESS REPORTS MADE UNDER   2,330        

PENALTY OF FALSIFICATION STATING WHETHER THE ACUPUNCTURIST HAS     2,331        

MAINTAINED SOBRIETY.                                               2,332        

      (G)  IF THE SECRETARY AND SUPERVISING MEMBER DETERMINE THAT  2,335        

THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN ACUPUNCTURIST HAS   2,336        

VIOLATED DIVISION (B) OF THIS SECTION AND THAT THE INDIVIDUAL'S    2,337        

CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE AND SERIOUS      2,338        

HARM TO THE PUBLIC, THEY MAY RECOMMEND THAT THE BOARD SUSPEND THE  2,339        

INDIVIDUAL'S CERTIFICATE OF REGISTRATION WITHOUT A PRIOR HEARING.  2,341        

WRITTEN ALLEGATIONS SHALL BE PREPARED FOR CONSIDERATION BY THE     2,342        

BOARD.                                                                          

      THE BOARD, UPON REVIEW OF THE ALLEGATIONS AND BY AN          2,344        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS MEMBERS, EXCLUDING   2,346        

THE SECRETARY AND SUPERVISING MEMBER, MAY SUSPEND A CERTIFICATE    2,347        

WITHOUT A PRIOR HEARING.  A TELEPHONE CONFERENCE CALL MAY BE       2,348        

UTILIZED FOR REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE  2,349        

SUMMARY SUSPENSION.                                                2,350        

      THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY       2,352        

CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF   2,353        

THE REVISED CODE.  THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION    2,355        

BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION     2,356        

119.12 OF THE REVISED CODE.  IF THE ACUPUNCTURIST REQUESTS AN      2,357        

ADJUDICATORY HEARING BY THE BOARD, THE DATE SET FOR THE HEARING    2,358        

SHALL BE WITHIN FIFTEEN DAYS, BUT NOT EARLIER THAN SEVEN DAYS,     2,359        

AFTER THE ACUPUNCTURIST REQUESTS THE HEARING, UNLESS OTHERWISE     2,360        

AGREED TO BY BOTH THE BOARD AND THE CERTIFICATE HOLDER.            2,361        

      A SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL       2,363        

REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL         2,364        

ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO THIS SECTION    2,365        

                                                          52     


                                                                 
AND CHAPTER 119. OF THE REVISED CODE BECOMES EFFECTIVE.   THE      2,367        

BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE ORDER WITHIN SIXTY DAYS   2,368        

AFTER COMPLETION OF ITS HEARING.  FAILURE TO ISSUE THE ORDER       2,369        

WITHIN SIXTY DAYS SHALL RESULT IN DISSOLUTION OF THE SUMMARY       2,370        

SUSPENSION ORDER, BUT SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL   2,371        

ADJUDICATIVE ORDER.                                                             

      (H)  IF THE BOARD TAKES ACTION UNDER DIVISION (B)(11),       2,375        

(13), OR (14) OF THIS SECTION, AND THE JUDICIAL FINDING OF GUILT,  2,376        

GUILTY PLEA, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION   2,377        

IN LIEU OF CONVICTION IS OVERTURNED ON APPEAL, UPON EXHAUSTION OF  2,378        

THE CRIMINAL APPEAL, A PETITION FOR RECONSIDERATION OF THE ORDER   2,379        

MAY BE FILED WITH THE BOARD ALONG WITH APPROPRIATE COURT           2,380        

DOCUMENTS.  UPON RECEIPT OF A PETITION AND SUPPORTING COURT        2,381        

DOCUMENTS, THE BOARD SHALL REINSTATE THE CERTIFICATE OF            2,382        

REGISTRATION.  THE BOARD MAY THEN HOLD AN ADJUDICATION UNDER       2,383        

CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER THE          2,384        

INDIVIDUAL COMMITTED THE ACT IN QUESTION.  NOTICE OF OPPORTUNITY   2,386        

FOR HEARING SHALL BE GIVEN IN ACCORDANCE WITH CHAPTER 119. OF THE  2,387        

REVISED CODE.  IF THE BOARD FINDS, PURSUANT TO AN ADJUDICATION     2,388        

HELD UNDER THIS DIVISION, THAT THE INDIVIDUAL COMMITTED THE ACT,   2,389        

OR IF NO HEARING IS REQUESTED, IT MAY ORDER ANY OF THE SANCTIONS   2,390        

SPECIFIED IN DIVISION (B) OF THIS SECTION.                         2,391        

      (I)  THE CERTIFICATE OF REGISTRATION OF AN ACUPUNCTURIST     2,394        

AND THE ACUPUNCTURIST'S PRACTICE IN THIS STATE ARE AUTOMATICALLY   2,395        

SUSPENDED AS OF THE DATE THE ACUPUNCTURIST PLEADS GUILTY TO, IS    2,396        

FOUND BY A JUDGE OR JURY TO BE GUILTY OF, OR IS SUBJECT TO A       2,397        

JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF        2,398        

CONVICTION IN THIS STATE OR TREATMENT OR INTERVENTION IN LIEU OF   2,400        

CONVICTION IN ANOTHER JURISDICTION FOR ANY OF THE FOLLOWING        2,401        

CRIMINAL OFFENSES IN THIS STATE OR A SUBSTANTIALLY EQUIVALENT      2,402        

CRIMINAL OFFENSE IN ANOTHER JURISDICTION:  AGGRAVATED MURDER,      2,403        

MURDER, VOLUNTARY MANSLAUGHTER, FELONIOUS ASSAULT, KIDNAPPING,     2,404        

RAPE, SEXUAL BATTERY, GROSS SEXUAL IMPOSITION, AGGRAVATED ARSON,   2,405        

AGGRAVATED ROBBERY, OR AGGRAVATED BURGLARY.  CONTINUED PRACTICE    2,407        

                                                          53     


                                                                 
AFTER THE SUSPENSION SHALL BE CONSIDERED PRACTICING WITHOUT A      2,408        

CERTIFICATE.                                                       2,409        

      THE BOARD SHALL NOTIFY THE INDIVIDUAL SUBJECT TO THE         2,412        

SUSPENSION BY CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH                    

SECTION 119.07 OF THE REVISED CODE.  IF AN INDIVIDUAL WHOSE        2,413        

CERTIFICATE IS SUSPENDED UNDER THIS DIVISION FAILS TO MAKE A       2,414        

TIMELY REQUEST FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE       2,416        

REVISED CODE, THE BOARD SHALL ENTER A FINAL ORDER PERMANENTLY      2,417        

REVOKING THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION.             2,418        

      (J)  IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED BY       2,421        

CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF OPPORTUNITY     2,422        

FOR HEARING AND THE INDIVIDUAL SUBJECT TO THE NOTICE DOES NOT      2,423        

TIMELY REQUEST A HEARING IN ACCORDANCE WITH SECTION 119.07 OF THE  2,425        

REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING, BUT     2,426        

MAY ADOPT, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS     2,428        

MEMBERS, A FINAL ORDER THAT CONTAINS THE BOARD'S FINDINGS.  IN     2,429        

THE FINAL ORDER, THE BOARD MAY ORDER ANY OF THE SANCTIONS          2,430        

IDENTIFIED UNDER DIVISION (A) OR (B) OF THIS SECTION.              2,431        

      (K)  ANY ACTION TAKEN BY THE BOARD UNDER DIVISION (B) OF     2,434        

THIS SECTION RESULTING IN A SUSPENSION SHALL BE ACCOMPANIED BY A   2,435        

WRITTEN STATEMENT OF THE CONDITIONS UNDER WHICH THE                2,436        

ACUPUNCTURIST'S CERTIFICATE MAY BE REINSTATED.  THE BOARD SHALL    2,438        

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    2,439        

GOVERNING CONDITIONS TO BE IMPOSED FOR REINSTATEMENT.              2,440        

REINSTATEMENT OF A CERTIFICATE SUSPENDED PURSUANT TO DIVISION (B)  2,441        

OF THIS SECTION REQUIRES AN AFFIRMATIVE VOTE OF NOT FEWER THAN     2,442        

SIX MEMBERS OF THE BOARD.                                                       

      (L)  WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF        2,445        

REGISTRATION AS AN ACUPUNCTURIST TO AN APPLICANT, REVOKES AN       2,447        

INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO RENEW A       2,448        

CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN            2,449        

INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY    2,450        

THAT ITS ACTION IS PERMANENT.  AN INDIVIDUAL SUBJECT TO A          2,451        

PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER          2,452        

                                                          54     


                                                                 
INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS AN             2,453        

ACUPUNCTURIST AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR    2,454        

REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE OF A NEW          2,455        

CERTIFICATE.                                                                    

      (M)  NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED      2,458        

CODE, ALL OF THE FOLLOWING APPLY:                                               

      (1)  THE SURRENDER OF A CERTIFICATE OF REGISTRATION AS AN    2,461        

ACUPUNCTURIST ISSUED UNDER THIS CHAPTER IS NOT EFFECTIVE UNLESS    2,462        

OR UNTIL ACCEPTED BY THE BOARD.  REINSTATEMENT OF A CERTIFICATE    2,463        

SURRENDERED TO THE BOARD REQUIRES AN AFFIRMATIVE VOTE OF NOT       2,464        

FEWER THAN SIX MEMBERS OF THE BOARD.                                            

      (2)  AN APPLICATION MADE UNDER THIS CHAPTER FOR A            2,467        

CERTIFICATE OF REGISTRATION MAY NOT BE WITHDRAWN WITHOUT APPROVAL  2,468        

OF THE BOARD.                                                                   

      (3)  FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF      2,471        

REGISTRATION IN ACCORDANCE WITH SECTION 4762.06 OF THE REVISED     2,472        

CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE    2,473        

DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL.     2,474        

      Sec. 4762.131.  ON RECEIPT OF A NOTICE PURSUANT TO SECTION   2,477        

2301.373 OF THE REVISED CODE, THE STATE MEDICAL BOARD SHALL                     

COMPLY WITH THAT SECTION WITH RESPECT TO A CERTIFICATE OF          2,478        

REGISTRATION ISSUED PURSUANT TO THIS CHAPTER.                      2,479        

      Sec. 4762.132.  IF THE STATE MEDICAL BOARD HAS REASON TO     2,481        

BELIEVE THAT ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE UNDER   2,482        

THIS CHAPTER IS MENTALLY ILL OR MENTALLY INCOMPETENT, IT MAY FILE  2,484        

IN THE PROBATE COURT OF THE COUNTY IN WHICH THE PERSON HAS A       2,485        

LEGAL RESIDENCE AN AFFIDAVIT IN THE FORM PRESCRIBED IN SECTION     2,486        

5122.11 OF THE REVISED CODE AND SIGNED BY THE BOARD SECRETARY OR   2,487        

A MEMBER OF THE BOARD SECRETARY'S STAFF, WHEREUPON THE SAME        2,488        

PROCEEDINGS SHALL BE HAD AS PROVIDED IN CHAPTER 5122. OF THE       2,490        

REVISED CODE.  THE ATTORNEY GENERAL MAY REPRESENT THE BOARD IN     2,491        

ANY PROCEEDING COMMENCED UNDER THIS SECTION.                       2,492        

      IF ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE IS          2,494        

ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR MENTALLY         2,495        

                                                          55     


                                                                 
INCOMPETENT, THE PERSON'S CERTIFICATE SHALL BE AUTOMATICALLY       2,496        

SUSPENDED UNTIL THE PERSON HAS FILED WITH THE STATE MEDICAL BOARD  2,498        

A CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE COURT OF THE      2,499        

PERSON'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS SUBMITTED TO  2,501        

THE BOARD PROOF, SATISFACTORY TO THE BOARD, THAT THE PERSON HAS    2,502        

BEEN DISCHARGED AS HAVING A RESTORATION TO COMPETENCY IN THE       2,504        

MANNER AND FORM PROVIDED IN SECTION 5122.38 OF THE REVISED CODE.   2,505        

THE JUDGE OF THE PROBATE COURT SHALL FORTHWITH NOTIFY THE STATE    2,506        

MEDICAL BOARD OF AN ADJUDICATION OF MENTAL ILLNESS OR MENTAL       2,507        

INCOMPETENCE, AND SHALL NOTE ANY SUSPENSION OF A CERTIFICATE IN    2,509        

THE MARGIN OF THE COURT'S RECORD OF SUCH CERTIFICATE.              2,510        

      Sec. 4762.14.  (A)  THE STATE MEDICAL BOARD SHALL            2,513        

INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT ANY PERSON HAS      2,514        

VIOLATED THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  ANY PERSON                

MAY REPORT TO THE BOARD IN A SIGNED WRITING ANY INFORMATION THE    2,515        

PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF    2,516        

THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  IN THE ABSENCE OF     2,517        

BAD FAITH, A PERSON WHO REPORTS SUCH INFORMATION OR TESTIFIES      2,519        

BEFORE THE BOARD IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119.   2,520        

OF THE REVISED CODE SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A     2,521        

RESULT OF REPORTING THE INFORMATION OR PROVIDING TESTIMONY.  EACH  2,522        

COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED BY THE BOARD       2,524        

SHALL BE ASSIGNED A CASE NUMBER AND BE RECORDED BY THE BOARD.      2,525        

      (B)  INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS CHAPTER    2,527        

OR RULES ADOPTED UNDER IT SHALL BE SUPERVISED BY THE SUPERVISING   2,528        

MEMBER ELECTED BY THE BOARD IN ACCORDANCE WITH SECTION 4731.02 OF  2,530        

THE REVISED CODE AND BY THE SECRETARY AS PROVIDED IN SECTION       2,531        

4762.15 OF THE REVISED CODE.  THE BOARD'S PRESIDENT MAY DESIGNATE  2,532        

ANOTHER MEMBER OF THE BOARD TO SUPERVISE THE INVESTIGATION IN      2,533        

PLACE OF THE SUPERVISING MEMBER.  A MEMBER OF THE BOARD WHO        2,534        

SUPERVISES THE INVESTIGATION OF A CASE SHALL NOT PARTICIPATE IN    2,535        

FURTHER ADJUDICATION OF THE CASE.                                               

      (C)  IN INVESTIGATING A POSSIBLE VIOLATION OF THIS CHAPTER   2,537        

OR THE RULES ADOPTED UNDER IT, THE BOARD MAY ADMINISTER OATHS,     2,538        

                                                          56     


                                                                 
ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, AND COMPEL THE   2,539        

ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS,         2,540        

PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY, EXCEPT THAT A SUBPOENA  2,541        

FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED WITHOUT         2,542        

CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND APPROVAL OF    2,543        

THE SECRETARY AND SUPERVISING MEMBER OF THE BOARD.  BEFORE         2,544        

ISSUANCE OF A SUBPOENA FOR PATIENT RECORD INFORMATION, THE         2,546        

SECRETARY AND SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS  2,547        

PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A       2,548        

VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT AND THAT   2,549        

THE RECORDS SOUGHT ARE RELEVANT TO THE ALLEGED VIOLATION AND       2,550        

MATERIAL TO THE INVESTIGATION.  THE SUBPOENA MAY APPLY ONLY TO     2,551        

RECORDS THAT COVER A REASONABLE PERIOD OF TIME SURROUNDING THE     2,553        

ALLEGED VIOLATION.                                                              

      ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD   2,556        

AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE    2,557        

BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS   2,558        

OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE.               2,559        

      A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF,   2,561        

THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE        2,562        

BOARD.  SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY   2,564        

DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN,     2,565        

READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL      2,566        

PLACE OF RESIDENCE.  WHEN THE PERSON BEING SERVED IS AN            2,567        

ACUPUNCTURIST, SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED    2,568        

MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE       2,569        

SUBPOENA SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR    2,570        

THE DATE THE PERSON REFUSES TO ACCEPT DELIVERY.                    2,571        

      A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA SHALL RECEIVE THE   2,574        

SAME FEES AS A SHERIFF.  EACH WITNESS WHO APPEARS BEFORE THE       2,575        

BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE THE FEES AND        2,576        

MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE COURTS OF                  

COMMON PLEAS.                                                      2,577        

      (D)  ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE   2,579        

                                                          57     


                                                                 
CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 OF   2,580        

THE REVISED CODE.                                                               

      (E)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        2,582        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  2,583        

CIVIL ACTION.                                                      2,584        

      THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS   2,587        

IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND      2,588        

PERSONS WHO FILE COMPLAINTS WITH THE BOARD.  THE BOARD SHALL NOT   2,590        

MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT   2,591        

PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN.           2,592        

      THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES PURSUANT TO  2,595        

AN INVESTIGATION, INCLUDING PATIENT RECORDS AND PATIENT RECORD     2,596        

INFORMATION, WITH LAW ENFORCEMENT AGENCIES, OTHER LICENSING        2,598        

BOARDS, AND OTHER GOVERNMENTAL AGENCIES THAT ARE PROSECUTING,      2,599        

ADJUDICATING, OR INVESTIGATING ALLEGED VIOLATIONS OF STATUTES OR   2,600        

ADMINISTRATIVE RULES.  AN AGENCY OR BOARD THAT RECEIVES THE        2,601        

INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING      2,602        

CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST   2,603        

COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED                

CODE OR PROCEDURE OF THE AGENCY OR BOARD THAT APPLIES WHEN IT IS   2,604        

DEALING WITH OTHER INFORMATION IN ITS POSSESSION.  IN A JUDICIAL   2,605        

PROCEEDING, THE INFORMATION MAY BE ADMITTED INTO EVIDENCE ONLY IN  2,607        

ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE COURT SHALL         2,608        

REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE THAT         2,609        

CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF THE      2,610        

INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING INFORMATION   2,611        

ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY WAS           2,612        

PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS IN   2,613        

THE BOARD'S POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY THAT                

MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR DELETING  2,615        

SPECIFIC INFORMATION FROM ITS RECORDS.                             2,616        

      (F)  THE STATE MEDICAL BOARD SHALL DEVELOP REQUIREMENTS FOR  2,619        

AND PROVIDE APPROPRIATE INITIAL TRAINING AND CONTINUING EDUCATION  2,620        

FOR INVESTIGATORS EMPLOYED BY THE BOARD TO CARRY OUT ITS DUTIES    2,621        

                                                          58     


                                                                 
UNDER THIS CHAPTER.  THE TRAINING AND CONTINUING EDUCATION MAY     2,622        

INCLUDE ENROLLMENT IN COURSES OPERATED OR APPROVED BY THE OHIO     2,623        

PEACE OFFICER TRAINING COUNCIL THAT THE BOARD CONSIDERS            2,624        

APPROPRIATE UNDER CONDITIONS SET FORTH IN SECTION 109.79 OF THE    2,625        

REVISED CODE.                                                                   

      (G)  ON A QUARTERLY BASIS, THE BOARD SHALL PREPARE A REPORT  2,628        

THAT DOCUMENTS THE DISPOSITION OF ALL CASES DURING THE PRECEDING   2,629        

THREE MONTHS.  THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION  2,630        

FOR EACH CASE WITH WHICH THE BOARD HAS COMPLETED ITS ACTIVITIES:   2,631        

      (1)  THE CASE NUMBER ASSIGNED TO THE COMPLAINT OR ALLEGED    2,634        

VIOLATION;                                                                      

      (2)  THE TYPE OF CERTIFICATE TO PRACTICE, IF ANY, HELD BY    2,637        

THE INDIVIDUAL AGAINST WHOM THE COMPLAINT IS DIRECTED;                          

      (3)  A DESCRIPTION OF THE ALLEGATIONS CONTAINED IN THE       2,639        

COMPLAINT;                                                         2,640        

      (4)  THE DISPOSITION OF THE CASE.                            2,642        

      THE REPORT SHALL STATE HOW MANY CASES ARE STILL PENDING,     2,644        

AND SHALL BE PREPARED IN A MANNER THAT PROTECTS THE IDENTITY OF    2,647        

EACH PERSON INVOLVED IN EACH CASE.  THE REPORT IS A PUBLIC RECORD  2,648        

FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE.                             

      Sec. 4762.15.  (A)  AS USED IN THIS SECTION, "PROSECUTOR"    2,650        

HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.    2,651        

      (B)  WHENEVER ANY PERSON HOLDING A VALID CERTIFICATE ISSUED  2,653        

PURSUANT TO THIS CHAPTER PLEADS GUILTY TO, IS SUBJECT TO A         2,655        

JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A JUDICIAL FINDING  2,656        

OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR A        2,657        

VIOLATION OF CHAPTER 2907., 2925., OR 3719. OF THE REVISED CODE                 

OR OF ANY SUBSTANTIVELY COMPARABLE ORDINANCE OF A MUNICIPAL        2,658        

CORPORATION IN CONNECTION WITH THE PERSON'S PRACTICE, THE          2,659        

PROSECUTOR IN THE CASE, ON FORMS PRESCRIBED AND PROVIDED BY THE    2,661        

STATE MEDICAL BOARD, SHALL PROMPTLY NOTIFY THE BOARD OF THE        2,662        

CONVICTION.  WITHIN THIRTY DAYS OF RECEIPT OF THAT INFORMATION,    2,664        

THE BOARD SHALL INITIATE ACTION IN ACCORDANCE WITH CHAPTER 119.    2,665        

OF THE REVISED CODE TO DETERMINE WHETHER TO SUSPEND OR REVOKE THE  2,666        

                                                          59     


                                                                 
CERTIFICATE UNDER SECTION 4762.13 OF THE REVISED CODE.             2,667        

      (C)  THE PROSECUTOR IN ANY CASE AGAINST ANY PERSON HOLDING   2,669        

A VALID CERTIFICATE ISSUED PURSUANT TO THIS CHAPTER, ON FORMS      2,671        

PRESCRIBED AND PROVIDED BY THE STATE MEDICAL BOARD, SHALL NOTIFY                

THE BOARD OF ANY OF THE FOLLOWING:                                 2,672        

      (1)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,675        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,676        

LIEU OF CONVICTION FOR A FELONY, OR A CASE IN WHICH THE TRIAL      2,678        

COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL    2,679        

GROUNDS OF A FELONY CHARGE;                                        2,680        

      (2)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,684        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,685        

LIEU OF CONVICTION FOR A MISDEMEANOR COMMITTED IN THE COURSE OF    2,687        

PRACTICE, OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF    2,688        

DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A    2,690        

MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF     2,691        

PRACTICE;                                                                       

      (3)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,694        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,695        

LIEU OF CONVICTION FOR A MISDEMEANOR INVOLVING MORAL TURPITUDE,    2,697        

OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL    2,698        

UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR  2,700        

INVOLVING MORAL TURPITUDE.                                         2,701        

      THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE         2,703        

CERTIFICATE HOLDER, THE NATURE OF THE OFFENSE FOR WHICH THE        2,704        

ACTION WAS TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE  2,705        

ACTION.                                                            2,706        

      Sec. 4762.16.  (A)  WITHIN SIXTY DAYS AFTER THE IMPOSITION   2,709        

OF ANY FORMAL DISCIPLINARY ACTION TAKEN BY ANY HEALTH CARE         2,710        

FACILITY, INCLUDING A HOSPITAL, HEALTH CARE FACILITY OPERATED BY   2,711        

AN INSURING CORPORATION, AMBULATORY SURGICAL CENTER, OR SIMILAR    2,712        

FACILITY, AGAINST ANY INDIVIDUAL HOLDING A VALID CERTIFICATE OF    2,714        

REGISTRATION AS AN ACUPUNCTURIST, THE CHIEF ADMINISTRATOR OR       2,715        

EXECUTIVE OFFICER OF THE FACILITY SHALL REPORT TO THE STATE        2,717        

                                                          60     


                                                                 
MEDICAL BOARD THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE  2,718        

FACILITY, AND A SUMMARY OF THE UNDERLYING FACTS LEADING TO THE     2,719        

ACTION TAKEN.  UPON REQUEST, THE BOARD SHALL BE PROVIDED           2,720        

CERTIFIED COPIES OF THE PATIENT RECORDS THAT WERE THE BASIS FOR    2,721        

THE FACILITY'S ACTION.   PRIOR TO RELEASE TO THE BOARD, THE        2,722        

SUMMARY SHALL BE APPROVED BY THE PEER REVIEW COMMITTEE THAT        2,723        

REVIEWED THE CASE OR BY THE GOVERNING BOARD OF THE FACILITY.       2,725        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,728        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY                  

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A HEALTH CARE         2,729        

FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST AN                2,731        

ACUPUNCTURIST.                                                                  

      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       2,733        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  2,734        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     2,735        

      (B)  AN ACUPUNCTURIST, PROFESSIONAL ASSOCIATION OR SOCIETY   2,738        

OF ACUPUNCTURISTS, PHYSICIAN, OR PROFESSIONAL ASSOCIATION OR       2,739        

SOCIETY OF PHYSICIANS THAT BELIEVES A VIOLATION OF ANY PROVISION   2,741        

OF THIS CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR RULE OF     2,742        

THE BOARD HAS OCCURRED SHALL REPORT TO THE BOARD THE INFORMATION   2,744        

UPON WHICH THE BELIEF IS BASED.  THIS DIVISION DOES NOT REQUIRE    2,745        

ANY TREATMENT PROVIDER APPROVED BY THE BOARD UNDER SECTION         2,747        

4731.25 OF THE REVISED CODE OR ANY EMPLOYEE, AGENT, OR             2,748        

REPRESENTATIVE OF SUCH A PROVIDER TO MAKE REPORTS WITH RESPECT TO  2,749        

AN ACUPUNCTURIST PARTICIPATING IN TREATMENT OR AFTERCARE FOR       2,750        

SUBSTANCE ABUSE AS LONG AS THE ACUPUNCTURIST MAINTAINS             2,752        

PARTICIPATION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION       2,753        

4731.25 OF THE REVISED CODE AND THE TREATMENT PROVIDER OR          2,754        

EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER HAS NO REASON   2,755        

TO BELIEVE THAT THE ACUPUNCTURIST HAS VIOLATED ANY PROVISION OF    2,757        

THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED   2,758        

BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  THIS DIVISION DOES NOT    2,759        

REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER        2,760        

COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY          2,761        

                                                          61     


                                                                 
REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A   2,762        

PROFESSIONAL ASSOCIATION OR SOCIETY OF ACUPUNCTURISTS TO PROVIDE   2,763        

PEER ASSISTANCE TO ACUPUNCTURISTS WITH SUBSTANCE ABUSE PROBLEMS    2,765        

WITH RESPECT TO AN ACUPUNCTURIST WHO HAS BEEN REFERRED FOR         2,766        

EXAMINATION TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER     2,767        

SECTION 4731.25 OF THE REVISED CODE IF THE ACUPUNCTURIST           2,769        

COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY          2,770        

DETERMINATION THAT THE ACUPUNCTURIST SHOULD ENTER TREATMENT AND    2,771        

AS LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR AGENT HAS NO   2,772        

REASON TO BELIEVE THAT THE ACUPUNCTURIST HAS CEASED TO             2,773        

PARTICIPATE IN THE TREATMENT PROGRAM IN ACCORDANCE WITH SECTION    2,774        

4731.25 OF THE REVISED CODE OR HAS VIOLATED ANY PROVISION OF THIS  2,776        

CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY     2,777        

ALCOHOL, DRUGS, OR OTHER SUBSTANCES.                                            

      (C)  ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED        2,779        

PRIMARILY OF ACUPUNCTURISTS THAT SUSPENDS OR REVOKES AN            2,780        

INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS, OR  2,782        

FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL                        

MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL       2,783        

REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE       2,784        

BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE         2,786        

PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS   2,787        

LEADING TO THE ACTION TAKEN.                                       2,788        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,790        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY     2,791        

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL        2,792        

ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN            2,794        

ACUPUNCTURIST.                                                                  

      (D)  ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE  2,797        

TO ANY PERSON HOLDING A VALID CERTIFICATE OF REGISTRATION AS AN    2,798        

ACUPUNCTURIST OR ANY OTHER ENTITY THAT SEEKS TO INDEMNIFY THE      2,799        

PROFESSIONAL LIABILITY OF AN ACUPUNCTURIST SHALL NOTIFY THE BOARD  2,800        

WITHIN THIRTY DAYS AFTER THE FINAL DISPOSITION OF ANY WRITTEN      2,801        

CLAIM FOR DAMAGES WHERE SUCH DISPOSITION RESULTS IN A PAYMENT      2,802        

                                                          62     


                                                                 
EXCEEDING TWENTY-FIVE THOUSAND DOLLARS.  THE NOTICE SHALL CONTAIN  2,803        

THE FOLLOWING INFORMATION:                                                      

      (1)  THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE       2,805        

NOTIFICATION;                                                      2,806        

      (2)  THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT  2,809        

OF THE CLAIM;                                                                   

      (3)  THE NAME OF THE PERSON FILING THE WRITTEN CLAIM;        2,811        

      (4)  THE DATE OF FINAL DISPOSITION;                          2,813        

      (5)  IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE   2,816        

FINAL DISPOSITION OF THE CLAIM TOOK PLACE.                                      

      (E)  THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS   2,819        

CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS                   

ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS        2,822        

SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF   2,823        

A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE.  AS USED IN    2,824        

THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS   2,825        

FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH         2,826        

RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TWENTY-FIVE     2,828        

THOUSAND DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING      2,829        

NEGLIGENT CONDUCT BY THE ACUPUNCTURIST.                            2,830        

      (F)  ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND        2,833        

MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN  2,834        

CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION   2,835        

IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING AN      2,836        

ACUPUNCTURIST, SUPERVISING PHYSICIAN, OR HEALTH CARE FACILITY      2,837        

ARISING OUT OF MATTERS THAT ARE THE SUBJECT OF THE REPORTING       2,838        

REQUIRED BY THIS SECTION.  THE BOARD MAY USE THE INFORMATION       2,839        

OBTAINED ONLY AS THE BASIS FOR AN INVESTIGATION, AS EVIDENCE IN A  2,841        

DISCIPLINARY HEARING AGAINST AN ACUPUNCTURIST OR SUPERVISING       2,842        

PHYSICIAN, OR IN ANY SUBSEQUENT TRIAL OR APPEAL OF A BOARD ACTION  2,844        

OR ORDER.                                                                       

      THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT          2,846        

RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY           2,847        

COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN       2,849        

                                                          63     


                                                                 
CREDENTIALING OR RECREDENTIALING AN ACUPUNCTURIST OR SUPERVISING   2,850        

PHYSICIAN OR REVIEWING THEIR PRIVILEGE TO PRACTICE WITHIN A        2,852        

PARTICULAR FACILITY.  THE BOARD SHALL INDICATE WHETHER OR NOT THE  2,853        

INFORMATION HAS BEEN VERIFIED.  INFORMATION TRANSMITTED BY THE     2,854        

BOARD SHALL BE SUBJECT TO THE SAME CONFIDENTIALITY PROVISIONS AS   2,855        

WHEN MAINTAINED BY THE BOARD.                                                   

      (G)  EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO   2,858        

DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY   2,859        

REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE   2,860        

ACUPUNCTURIST.  THE ACUPUNCTURIST SHALL HAVE THE RIGHT TO FILE A   2,861        

STATEMENT WITH THE BOARD CONCERNING THE CORRECTNESS OR RELEVANCE   2,862        

OF THE INFORMATION.  THE STATEMENT SHALL AT ALL TIMES ACCOMPANY    2,864        

THAT PART OF THE RECORD IN CONTENTION.                             2,865        

      (H)  AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR    2,868        

REFERS AN IMPAIRED ACUPUNCTURIST TO A TREATMENT PROVIDER APPROVED  2,870        

BY THE BOARD UNDER SECTION 4731.25 OF THE REVISED CODE SHALL NOT   2,871        

BE SUBJECT TO SUIT FOR CIVIL DAMAGES AS A RESULT OF THE REPORT,    2,872        

REFERRAL, OR PROVISION OF THE INFORMATION.                         2,873        

      (I)  IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL    2,876        

ASSOCIATION OR SOCIETY OF ACUPUNCTURISTS THAT SPONSORS A           2,877        

COMMITTEE OR PROGRAM TO PROVIDE PEER ASSISTANCE TO AN              2,879        

ACUPUNCTURIST WITH SUBSTANCE ABUSE PROBLEMS, A REPRESENTATIVE OR                

AGENT OF SUCH A COMMITTEE OR PROGRAM, AND A MEMBER OF THE STATE    2,880        

MEDICAL BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON    2,881        

BY REASON OF ACTIONS TAKEN TO REFER AN ACUPUNCTURIST TO A          2,882        

TREATMENT PROVIDER APPROVED UNDER SECTION 4731.25 OF THE REVISED   2,884        

CODE FOR EXAMINATION OR TREATMENT.                                              

      Sec. 4762.17.  THE SECRETARY OF THE STATE MEDICAL BOARD      2,887        

SHALL ENFORCE THE LAWS RELATING TO THE PRACTICE OF ACUPUNCTURE.    2,888        

IF THE SECRETARY HAS KNOWLEDGE OR NOTICE OF A VIOLATION OF THIS    2,889        

CHAPTER OR THE RULES ADOPTED UNDER IT, THE SECRETARY SHALL         2,890        

INVESTIGATE THE MATTER, AND, UPON PROBABLE CAUSE APPEARING, FILE   2,891        

A COMPLAINT AND PROSECUTE THE OFFENDER.  WHEN REQUESTED BY THE     2,892        

SECRETARY, THE PROSECUTING ATTORNEY OF THE PROPER COUNTY SHALL     2,893        

                                                          64     


                                                                 
TAKE CHARGE OF AND CONDUCT THE PROSECUTION.                                     

      Sec. 4762.18.  THE ATTORNEY GENERAL, THE PROSECUTING         2,896        

ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE WAS COMMITTED OR THE   2,897        

OFFENDER RESIDES, THE STATE MEDICAL BOARD, OR ANY OTHER PERSON     2,898        

HAVING KNOWLEDGE OF A PERSON ENGAGED EITHER DIRECTLY OR BY         2,899        

COMPLICITY IN THE PRACTICE OF ACUPUNCTURE WITHOUT HAVING FIRST     2,900        

OBTAINED A CERTIFICATE OF REGISTRATION TO DO SO PURSUANT TO THIS   2,901        

CHAPTER, MAY, IN ACCORD WITH PROVISIONS OF THE REVISED CODE        2,902        

GOVERNING INJUNCTIONS, MAINTAIN AN ACTION IN THE NAME OF THE       2,903        

STATE TO ENJOIN ANY PERSON FROM ENGAGING EITHER DIRECTLY OR BY     2,904        

COMPLICITY IN THE UNLAWFUL PRACTICE OF ACUPUNCTURE BY APPLYING     2,907        

FOR AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION.          2,908        

      PRIOR TO APPLICATION FOR AN INJUNCTION, THE SECRETARY OF     2,910        

THE STATE MEDICAL BOARD SHALL NOTIFY THE PERSON ALLEGEDLY ENGAGED  2,911        

EITHER DIRECTLY OR BY COMPLICITY IN THE UNLAWFUL PRACTICE OF       2,912        

ACUPUNCTURE BY REGISTERED MAIL THAT THE SECRETARY HAS RECEIVED     2,914        

INFORMATION INDICATING THAT THIS PERSON IS SO ENGAGED.  THE        2,915        

PERSON SHALL ANSWER THE SECRETARY WITHIN THIRTY DAYS SHOWING THAT  2,916        

THE PERSON IS EITHER PROPERLY LICENSED FOR THE STATED ACTIVITY OR  2,918        

THAT THE PERSON IS NOT IN VIOLATION OF THIS CHAPTER.  IF THE       2,921        

ANSWER IS NOT FORTHCOMING WITHIN THIRTY DAYS AFTER NOTICE BY THE   2,922        

SECRETARY, THE SECRETARY SHALL REQUEST THAT THE ATTORNEY GENERAL,  2,923        

THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE OFFENSE WAS    2,924        

COMMITTED OR THE OFFENDER RESIDES, OR THE STATE MEDICAL BOARD      2,925        

PROCEED AS AUTHORIZED IN THIS SECTION.                             2,926        

      UPON THE FILING OF A VERIFIED PETITION IN COURT, THE COURT   2,928        

SHALL CONDUCT A HEARING ON THE PETITION AND SHALL GIVE THE SAME    2,929        

PREFERENCE TO THIS PROCEEDING AS IS GIVEN ALL PROCEEDINGS UNDER    2,931        

CHAPTER 119. OF THE REVISED CODE, IRRESPECTIVE OF THE POSITION OF  2,933        

THE PROCEEDING ON THE CALENDAR OF THE COURT.                                    

      INJUNCTION PROCEEDINGS SHALL BE IN ADDITION TO, AND NOT IN   2,936        

LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS         2,937        

CHAPTER.                                                                        

      Sec. 4762.19.  THE STATE MEDICAL BOARD MAY ADOPT ANY RULES   2,940        

                                                          65     


                                                                 
NECESSARY TO GOVERN THE PRACTICE OF ACUPUNCTURE, THE SUPERVISORY   2,941        

RELATIONSHIP BETWEEN ACUPUNCTURISTS AND SUPERVISING PHYSICIANS,    2,942        

AND THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER.  RULES     2,943        

ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN ACCORDANCE WITH     2,944        

CHAPTER 119. OF THE REVISED CODE.                                  2,945        

      Sec. 4762.20.  THE STATE MEDICAL BOARD, SUBJECT TO THE       2,947        

APPROVAL OF THE CONTROLLING BOARD, MAY ESTABLISH FEES IN EXCESS    2,949        

OF THE AMOUNTS SPECIFIED IN THIS CHAPTER, EXCEPT THAT THE FEES     2,952        

MAY NOT EXCEED THE SPECIFIED AMOUNTS BY MORE THAN FIFTY PER CENT.  2,954        

      ALL FEES, PENALTIES, AND OTHER FUNDS RECEIVED BY THE BOARD   2,956        

UNDER THIS CHAPTER SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION   2,957        

4731.24 OF THE REVISED CODE.                                                    

      Sec. 4762.21.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE     2,960        

STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT                 

OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE   2,962        

BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT BE   2,964        

HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT,     2,966        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL     2,967        

DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER.  IF ANY   2,969        

SUCH PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR  2,970        

ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR   2,971        

DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE       2,972        

REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND   2,973        

THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE      2,974        

DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY    2,975        

FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT,     2,976        

COMPROMISE, OR SETTLEMENT.  AT NO TIME SHALL THE STATE PAY ANY     2,977        

PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY      2,978        

DAMAGES.                                                                        

      Sec. 4762.99.  (A)  WHOEVER VIOLATES SECTION 4762.02 OF THE  2,980        

REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE ON A   2,982        

FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE PERSON IS GUILTY    2,984        

OF A FELONY OF THE FOURTH DEGREE.                                               

      (B)  WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF      2,987        

                                                          66     


                                                                 
SECTION 4762.16 OF THE REVISED CODE IS GUILTY OF A MINOR           2,988        

MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE     2,989        

PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT     2,990        

THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE     2,991        

SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE          2,992        

THOUSAND DOLLARS FOR EACH OFFENSE.                                 2,993        

      Section 2.  That existing sections 4730.26, 4731.051,        2,996        

4731.07, 4731.22, 4731.221, 4731.223, 4731.224, 4731.24, 4731.25,  2,999        

4731.281, and 4731.36 of the Revised Code are hereby repealed.                  

      Section 3.  The authority of the State Medical Board to      3,001        

take disciplinary action against a person who was found eligible   3,002        

for treatment in lieu of conviction in this state on or before     3,003        

the effective date of Am. Sub. S.B. 107 of the 123rd General       3,004        

Assembly is not altered by the amendments and enactments made by   3,005        

this act to conform provisions in Chapters 4731. and 4762. of the               

Revised Code with S.B. 107's creation of intervention in lieu of   3,006        

conviction.