As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 506 5
1999-2000 6
REPRESENTATIVE SCHURING 8
_________________________________________________________________ 9
A B I L L
To amend sections 119.06, 119.12, 121.22, 125.22, 11
2305.11, 2317.02, 2929.24, 3701.74, 3719.12, 13
3719.121, 3729.40, 4734.01, 4734.02, 4734.03, 14
4734.04, 4734.05, 4734.06, 4734.07, 4734.08, 15
4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 17
4734.12, 4734.13, 4734.14, 4734.15, 4734.16, 18
4734.17, 4734.18, 4734.19, 4734.20, 4734.21, 19
4734.22, 4734.99, 4755.65, and 5903.12; to amend, 21
for the purpose of adopting new section numbers 23
as indicated in parentheses, sections 4734.01 24
(4734.02), 4734.02 (4734.05), 4734.03 (4734.04), 25
4734.04 (4734.03), 4734.05 (4734.20), 4734.06 26
(4734.23), 4734.07 (4734.25), 4734.09 (4734.15), 27
4734.091 (4734.17), 4734.10 (4734.31), 4734.101 28
(4734.37), 4734.11 (4734.38), 4734.12 (4734.34), 29
4734.13 (4734.46), 4734.14 (4734.45), 4734.15 30
(4734.47), 4734.16 (4734.53), 4734.17 (4734.14), 31
4734.18 (4734.54), 4734.19 (4734.24), 4734.20 32
(4734.56), 4734.21 (4734.55), 4734.22 (4734.11), 33
and 4734.23 (4734.161); and to enact new sections 35
4734.01, 4734.06, 4734.07, 4734.09, 4734.10, 36
4734.16, 4734.18, 4734.19, 4734.21, and 4734.22
and sections 4734.162, 4734.201, 4734.26, 37
4734.27, 4734.32, 4734.33, 4734.35, 4734.36, 40
4734.39, 4734.40, 4734.41, 4734.42, 4734.48, 41
4734.49, and 4734.50 of the Revised Code to 42
revise the laws pertaining to the regulation of
chiropractors. 43
2
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 45
Section 1. That sections 119.06, 119.12, 121.22, 125.22, 47
2305.11, 2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 3729.40, 49
4734.01, 4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07, 50
4734.08, 4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12, 51
4734.13, 4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19, 52
4734.20, 4734.21, 4734.22, 4734.99, 4755.65, and 5903.12 be 53
amended; sections 4734.01 (4734.02), 4734.02 (4734.05), 4734.03 54
(4734.04), 4734.04 (4734.03), 4734.05 (4734.20), 4734.06 55
(4734.23), 4734.07 (4734.25), 4734.09 (4734.15), 4734.091 56
(4734.17), 4734.10 (4734.31), 4734.101 (4734.37), 4734.11 57
(4734.38), 4734.12 (4734.34), 4734.13 (4734.46), 4734.14 58
(4734.45), 4734.15 (4734.47), 4734.16 (4734.53), 4734.17 59
(4734.14), 4734.18 (4734.54), 4734.19 (4734.24), 4734.20 60
(4734.56), 4734.21 (4734.55), 4734.22 (4734.11), and 4734.23 61
(4734.161) be amended for the purpose of adopting new section 63
numbers as indicated in parentheses; and new sections 4734.01, 64
4734.06, 4734.07, 4734.09, 4734.10, 4734.16, 4734.18, 4734.19, 65
4734.21, and 4734.22 and sections 4734.162, 4734.201, 4734.26, 66
4734.27, 4734.32, 4734.33, 4734.35, 4734.36, 4734.39, 4734.40, 68
4734.41, 4734.42, 4734.48, 4734.49, and 4734.50 of the Revised 69
Code be enacted to read as follows: 70
Sec. 119.06. No adjudication order of an agency shall be 80
valid unless the agency is specifically authorized by law to make 81
such order. 82
No adjudication order shall be valid unless an opportunity 84
for a hearing is afforded in accordance with sections 119.01 to 85
119.13 of the Revised Code. Such opportunity for a hearing shall 86
be given before making the adjudication order except in those 87
situations where this section provides otherwise. 88
The following adjudication orders shall be effective 90
without a hearing: 91
(A) Orders revoking a license in cases where an agency is 93
required by statute to revoke a license pursuant to the judgment 94
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of a court; 95
(B) Orders suspending a license where a statute 97
specifically permits the suspension of a license without a 98
hearing; 99
(C) Orders or decisions of an authority within an agency 101
if the rules of the agency or the statutes pertaining to such 102
agency specifically give a right of appeal to a higher authority 103
within such agency, to another agency, or to the board of tax 104
appeals, and also give the appellant a right to a hearing on such 105
appeal. 106
When a statute permits the suspension of a license without 108
a prior hearing, any agency issuing an order pursuant to such 109
statute shall afford the person to whom the order is issued a 110
hearing upon request. 111
Whenever an agency claims that a person is required by 113
statute to obtain a license, it shall afford a hearing upon the 114
request of a person who claims that the law does not impose such 115
a requirement. 116
Every agency shall afford a hearing upon the request of any 118
person who has been refused admission to an examination where 119
such examination is a prerequisite to the issuance of a license 120
unless a hearing was held prior to such refusal. 121
Unless a hearing was held prior to the refusal to issue the 123
license, every agency shall afford a hearing upon the request of 124
a person whose application for a license has been rejected and to 125
whom the agency has refused to issue a license, whether it is a 126
renewal or a new license, except that the following are not 127
required to afford a hearing to a person to whom a new license 128
has been refused because the person failed a licensing 129
examination: the state medical board, STATE chiropractic 130
examining board, board of examiners of architects, board of 132
landscape architect examiners, and any section of the Ohio 133
occupational therapy, physical therapy, and athletic trainers 134
board.
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When periodic registration of licenses is required by law, 136
the agency shall afford a hearing upon the request of any 137
licensee whose registration has been denied, unless a hearing was 138
held prior to such denial. 139
When periodic registration of licenses or renewal of 141
licenses is required by law, a licensee who has filed his AN 142
application for registration or renewal within the time and in 143
the manner provided by statute or rule of the agency, shall not 144
be required to discontinue a licensed business or profession 145
merely because of the failure of the agency to act on his THE 146
LICENSEE'S application. Action of an agency rejecting any such 148
application shall not be effective prior to fifteen days after 149
notice of the rejection is mailed to the licensee. 150
Sec. 119.12. Any party adversely affected by any order of 159
an agency issued pursuant to an adjudication denying an applicant 160
admission to an examination, or denying the issuance or renewal 161
of a license or registration of a licensee, or revoking or 162
suspending a license, or allowing the payment of a forfeiture 163
under section 4301.252 of the Revised Code, may appeal from the 164
order of the agency to the court of common pleas of the county in 165
which the place of business of the licensee is located or the 166
county in which the licensee is a resident, except that appeals 167
from decisions of the liquor control commission, the state 169
medical board, STATE chiropractic examining board, and board of 170
nursing shall be to the court of common pleas of Franklin county. 171
If any such party is not a resident of and has no place of 172
business in this state, the party may appeal to the court of 174
common pleas of Franklin county.
Any party adversely affected by any order of an agency 176
issued pursuant to any other adjudication may appeal to the court 177
of common pleas of Franklin county, except that appeals from 178
orders of the fire marshal issued under Chapter 3737. of the 179
Revised Code may be to the court of common pleas of the county in 180
which the building of the aggrieved person is located. 181
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This section does not apply to appeals from the department 183
of taxation. 184
Any party desiring to appeal shall file a notice of appeal 186
with the agency setting forth the order appealed from and the 187
grounds of the party's appeal. A copy of such notice of appeal 189
shall also be filed by the appellant with the court. Unless 190
otherwise provided by law relating to a particular agency, such 191
notices of appeal shall be filed within fifteen days after the 192
mailing of the notice of the agency's order as provided in this 193
section. For purposes of this paragraph, an order includes a 194
determination appealed pursuant to division (C) of section 195
119.092 of the Revised Code. 196
The filing of a notice of appeal shall not automatically 198
operate as a suspension of the order of an agency. If it appears 199
to the court that an unusual hardship to the appellant will 200
result from the execution of the agency's order pending 201
determination of the appeal, the court may grant a suspension and 202
fix its terms. If an appeal is taken from the judgment of the 203
court and the court has previously granted a suspension of the 204
agency's order as provided in this section, such suspension of 205
the agency's order shall not be vacated and shall be given full 206
force and effect until the matter is finally adjudicated. No 207
renewal of a license or permit shall be denied by reason of such 208
suspended order during the period of the appeal from the decision 209
of the court of common pleas. In the case of an appeal from the 210
state medical board or STATE chiropractic examining board, the 211
court may grant a suspension and fix its terms if it appears to 212
the court that an unusual hardship to the appellant will result 213
from the execution of the agency's order pending determination of 214
the appeal and the health, safety, and welfare of the public will 215
not be threatened by suspension of the order. This provision 216
shall not be construed to limit the factors the court may 217
consider in determining whether to suspend an order of any other 218
agency pending determination of an appeal. 219
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The final order of adjudication may apply to any renewal of 221
a license or permit which has been granted during the period of 222
the appeal. 223
Notwithstanding any other provision of this section, any 225
order issued by a court of common pleas or a court of appeals 226
suspending the effect of an order of the liquor control 228
commission issued pursuant to Chapter 4301. or 4303. of the 229
Revised Code that suspends, revokes, or cancels a permit issued 230
under Chapter 4303. of the Revised Code, or that allows the 231
payment of a forfeiture under section 4301.252 of the Revised 233
Code, shall terminate not more than six months after the date of 234
the filing of the record of the liquor control commission with 235
the clerk of the court of common pleas and shall not be extended. 237
The court of common pleas, or the court of appeals on appeal, 238
shall render a judgment in that matter within six months after
the date of the filing of the record of the liquor control 239
commission with the clerk of the court of common pleas. A court 240
of appeals shall not issue an order suspending the effect of an 241
order of the liquor control commission that extends beyond six 242
months after the date on which the record of the liquor control 243
commission is filed with a court of common pleas.
Notwithstanding any other provision of this section, any 245
order issued by a court of common pleas suspending the effect of 246
an order of the state medical board or STATE chiropractic 247
examining board that limits, revokes, suspends, places on 248
probation, or refuses to register or reinstate a certificate 249
issued by the board or reprimands the holder of such a 250
certificate shall terminate not more than fifteen months after 251
the date of the filing of a notice of appeal in the court of 252
common pleas, or upon the rendering of a final decision or order 253
in the appeal by the court of common pleas, whichever occurs 254
first.
Within thirty days after receipt of a notice of appeal from 256
an order in any case in which a hearing is required by sections 257
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119.01 to 119.13 of the Revised Code, the agency shall prepare 258
and certify to the court a complete record of the proceedings in 259
the case. Failure of the agency to comply within the time 260
allowed, upon motion, shall cause the court to enter a finding in 261
favor of the party adversely affected. Additional time, however, 262
may be granted by the court, not to exceed thirty days, when it 263
is shown that the agency has made substantial effort to comply. 264
Such record shall be prepared and transcribed and the expense of 265
it shall be taxed as a part of the costs on the appeal. The 266
appellant shall provide security for costs satisfactory to the 267
court of common pleas. Upon demand by any interested party, the 268
agency shall furnish at the cost of the party requesting it a 269
copy of the stenographic report of testimony offered and evidence 270
submitted at any hearing and a copy of the complete record. 271
Notwithstanding any other provision of this section, any 273
party desiring to appeal an order or decision of the state 274
personnel board of review shall, at the time of filing a notice 275
of appeal with the board, provide a security deposit in an amount 276
and manner prescribed in rules that the board shall adopt in 277
accordance with this chapter. In addition, the board is not 278
required to prepare or transcribe the record of any of its 279
proceedings unless the appellant has provided the deposit 280
described above. The failure of the board to prepare or 281
transcribe a record for an appellant who has not provided a 282
security deposit shall not cause a court to enter a finding 283
adverse to the board. 284
Unless otherwise provided by law, in the hearing of the 286
appeal, the court is confined to the record as certified to it by 287
the agency. Unless otherwise provided by law, the court may 288
grant a request for the admission of additional evidence when 289
satisfied that such additional evidence is newly discovered and 290
could not with reasonable diligence have been ascertained prior 291
to the hearing before the agency. 292
The court shall conduct a hearing on such appeal and shall 294
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give preference to all proceedings under sections 119.01 to 295
119.13 of the Revised Code, over all other civil cases, 296
irrespective of the position of the proceedings on the calendar 297
of the court. An appeal from an order of the state medical board 298
issued pursuant to division (G) of either section 4730.25 or 300
4731.22 of the Revised Code, or the STATE chiropractic examining 301
board issued pursuant to section 4734.101 4734.37 of the Revised 302
Code, or the liquor control commission issued pursuant to Chapter 303
4301. or 4303. of the Revised Code shall be set down for hearing 304
at the earliest possible time and takes precedence over all other 305
actions. The hearing in the court of common pleas shall proceed 306
as in the trial of a civil action, and the court shall determine 307
the rights of the parties in accordance with the laws applicable 308
to such action. At such hearing, counsel may be heard on oral 309
argument, briefs may be submitted, and evidence introduced if the 310
court has granted a request for the presentation of additional 311
evidence.
The court may affirm the order of the agency complained of 313
in the appeal if it finds, upon consideration of the entire 314
record and such additional evidence as the court has admitted, 315
that the order is supported by reliable, probative, and 316
substantial evidence and is in accordance with law. In the 317
absence of such a finding, it may reverse, vacate, or modify the 318
order or make such other ruling as is supported by reliable, 319
probative, and substantial evidence and is in accordance with 320
law. The court shall award compensation for fees in accordance 321
with section 2335.39 of the Revised Code to a prevailing party, 322
other than an agency, in an appeal filed pursuant to this 323
section. 324
The judgment of the court shall be final and conclusive 326
unless reversed, vacated, or modified on appeal. Such appeals 327
may be taken either by the party or the agency, shall proceed as 328
in the case of appeals in civil actions, and shall be pursuant to 329
the Rules of Appellate Procedure and, to the extent not in 330
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conflict with those rules, Chapter 2505. of the Revised Code. 331
Such appeal by the agency shall be taken on questions of law 332
relating to the constitutionality, construction, or 333
interpretation of statutes and rules of the agency, and in such 334
appeal the court may also review and determine the correctness of 335
the judgment of the court of common pleas that the order of the 336
agency is not supported by any reliable, probative, and 337
substantial evidence in the entire record. 338
The court shall certify its judgment to such agency or take 340
such other action necessary to give its judgment effect. 341
Sec. 121.22. (A) This section shall be liberally 350
construed to require public officials to take official action and 351
to conduct all deliberations upon official business only in open 352
meetings unless the subject matter is specifically excepted by 353
law. 354
(B) As used in this section: 356
(1) "Public body" means any of the following: 358
(a) Any board, commission, committee, council, or similar 360
decision-making body of a state agency, institution, or 361
authority, and any legislative authority or board, commission, 362
committee, council, agency, authority, or similar decision-making 364
body of any county, township, municipal corporation, school 365
district, or other political subdivision or local public 366
institution;
(b) Any committee or subcommittee of a body described in 368
division (B)(1)(a) of this section; 369
(c) A court of jurisdiction of a sanitary district 371
organized wholly for the purpose of providing a water supply for 372
domestic, municipal, and public use when meeting for the purpose 374
of the appointment, removal, or reappointment of a member of the 375
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 376
related to such a district other than litigation involving the 377
district. As used in division (B)(1)(c) of this section, "court 378
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of jurisdiction" has the same meaning as "court" in section 379
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 381
public business of the public body by a majority of its members. 382
(3) "Regulated individual" means either of the following: 384
(a) A student in a state or local public educational 386
institution; 387
(b) A person who is, voluntarily or involuntarily, an 389
inmate, patient, or resident of a state or local institution 390
because of criminal behavior, mental illness or retardation, 391
disease, disability, age, or other condition requiring custodial 392
care. 393
(C) All meetings of any public body are declared to be 395
public meetings open to the public at all times. A member of a 396
public body shall be present in person at a meeting open to the 398
public to be considered present or to vote at the meeting and for 399
purposes of determining whether a quorum is present at the 400
meeting. 401
The minutes of a regular or special meeting of any public 404
body shall be promptly prepared, filed, and maintained and shall 405
be open to public inspection. The minutes need only reflect the 406
general subject matter of discussions in executive sessions 407
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 409
audit conference conducted by the auditor of state or independent 410
certified public accountants with officials of the public office 411
that is the subject of the audit, to the adult parole authority 412
when its hearings are conducted at a correctional institution for 413
the sole purpose of interviewing inmates to determine parole or 414
pardon, to the organized crime investigations commission 415
established under section 177.01 of the Revised Code, to the 416
state medical board when determining whether to suspend a 417
certificate without a prior hearing pursuant to division (G) of 419
either section 4730.25 or 4731.22 of the Revised Code, to the 421
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board of nursing when determining whether to suspend a license 422
without a prior hearing pursuant to division (B) of section 423
4723.181 of the Revised Code, TO THE STATE CHIROPRACTIC BOARD 424
WHEN DETERMINING WHETHER TO SUSPEND A LICENSE WITHOUT A PRIOR 425
HEARING PURSUANT TO SECTION 4734.37 OF THE REVISED CODE, or to 427
the executive committee of the emergency response commission when 428
determining whether to issue an enforcement order or request that 429
a civil action, civil penalty action, or criminal action be 430
brought to enforce Chapter 3750. of the Revised Code.
(E) The controlling board, the development financing 432
advisory council, the industrial technology and enterprise 433
advisory council, the tax credit authority, or the minority 435
development financing advisory board, when meeting to consider 436
granting assistance pursuant to Chapter 122. or 166. of the 437
Revised Code, in order to protect the interest of the applicant 438
or the possible investment of public funds, by unanimous vote of 439
all board, council, or authority members present, may close the 441
meeting during consideration of the following information 443
confidentially received by the authority, council, or board from 444
the applicant: 446
(1) Marketing plans; 448
(2) Specific business strategy; 450
(3) Production techniques and trade secrets; 452
(4) Financial projections; 454
(5) Personal financial statements of the applicant or 456
members of the applicant's immediate family, including, but not 457
limited to, tax records or other similar information not open to 459
public inspection. 460
The vote by the authority, council, or board to accept or 464
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 467
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 469
reasonable method whereby any person may determine the time and 470
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place of all regularly scheduled meetings and the time, place, 471
and purpose of all special meetings. A public body shall not 472
hold a special meeting unless it gives at least twenty-four 473
hours' advance notice to the news media that have requested 474
notification, except in the event of an emergency requiring 475
immediate official action. In the event of an emergency, the 476
member or members calling the meeting shall notify the news media 477
that have requested notification immediately of the time, place, 478
and purpose of the meeting. 479
The rule shall provide that any person, upon request and 482
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 483
business is to be discussed. Provisions for advance notification 484
may include, but are not limited to, mailing the agenda of 485
meetings to all subscribers on a mailing list or mailing notices 486
in self-addressed, stamped envelopes provided by the person. 487
(G) Except as provided in division (J) of this section, 490
the members of a public body may hold an executive session only 491
after a majority of a quorum of the public body determines, by a 492
roll call vote, to hold an executive session and only at a 494
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 495
(1) To consider the appointment, employment, dismissal, 497
discipline, promotion, demotion, or compensation of a public 498
employee or official, or the investigation of charges or 499
complaints against a public employee, official, licensee, or 500
regulated individual, unless the public employee, official, 501
licensee, or regulated individual requests a public hearing. 502
Except as otherwise provided by law, no public body shall hold an 503
executive session for the discipline of an elected official for 504
conduct related to the performance of the elected official's 505
official duties or for the elected official's removal from 507
office. If a public body holds an executive session pursuant to 509
division (G)(1) of this section, the motion and vote to hold that 510
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executive session shall state which one or more of the approved 511
purposes listed in division (G)(1) of this section are the 512
purposes for which the executive session is to be held, but need 513
not include the name of any person to be considered at the 514
meeting.
(2) To consider the purchase of property for public 516
purposes, or for the sale of property at competitive bidding, if 517
premature disclosure of information would give an unfair 518
competitive or bargaining advantage to a person whose personal, 519
private interest is adverse to the general public interest. No 520
member of a public body shall use division (G)(2) of this section 522
as a subterfuge for providing covert information to prospective 524
buyers or sellers. A purchase or sale of public property is void 525
if the seller or buyer of the public property has received covert 526
information from a member of a public body that has not been 527
disclosed to the general public in sufficient time for other 528
prospective buyers and sellers to prepare and submit offers. 529
If the minutes of the public body show that all meetings 531
and deliberations of the public body have been conducted in 532
compliance with this section, any instrument executed by the 533
public body purporting to convey, lease, or otherwise dispose of 534
any right, title, or interest in any public property shall be 535
conclusively presumed to have been executed in compliance with 536
this section insofar as title or other interest of any bona fide 537
purchasers, lessees, or transferees of the property is concerned. 538
(3) Conferences with an attorney for the public body 540
concerning disputes involving the public body that are the 541
subject of pending or imminent court action; 542
(4) Preparing for, conducting, or reviewing negotiations 544
or bargaining sessions with public employees concerning their 545
compensation or other terms and conditions of their employment; 546
(5) Matters required to be kept confidential by federal 548
law or regulations or state statutes; 549
(6) Specialized details of security arrangements if 551
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disclosure of the matters discussed might reveal information that 552
could be used for the purpose of committing, or avoiding 553
prosecution for, a violation of the law; 554
(7) In the case of a county hospital operated pursuant to 556
Chapter 339. of the Revised Code, to consider trade secrets, as 558
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 560
of the matters listed in divisions (G)(2) to (7) of this section, 562
the motion and vote to hold that executive session shall state 563
which one or more of the approved matters listed in those 564
divisions are to be considered at the executive session. 565
A public body specified in division (B)(1)(c) of this 568
section shall not hold an executive session when meeting for the
purposes specified in that division. 569
(H) A resolution, rule, or formal action of any kind is 571
invalid unless adopted in an open meeting of the public body. A 572
resolution, rule, or formal action adopted in an open meeting 573
that results from deliberations in a meeting not open to the 574
public is invalid unless the deliberations were for a purpose 575
specifically authorized in division (G) or (J) of this section 576
and conducted at an executive session held in compliance with 577
this section. A resolution, rule, or formal action adopted in an 578
open meeting is invalid if the public body that adopted the 579
resolution, rule, or formal action violated division (F) of this 580
section. 581
(I)(1) Any person may bring an action to enforce this 583
section. An action under division (I)(1) of this section shall 585
be brought within two years after the date of the alleged 586
violation or threatened violation. Upon proof of a violation or 587
threatened violation of this section in an action brought by any 588
person, the court of common pleas shall issue an injunction to 589
compel the members of the public body to comply with its 590
provisions. 591
(2)(a) If the court of common pleas issues an injunction 593
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pursuant to division (I)(1) of this section, the court shall 594
order the public body that it enjoins to pay a civil forfeiture 595
of five hundred dollars to the party that sought the injunction 596
and shall award to that party all court costs and, subject to 597
reduction as described in division (I)(2) of this section, 599
reasonable attorney's fees. The court, in its discretion, may 600
reduce an award of attorney's fees to the party that sought the 601
injunction or not award attorney's fees to that party if the 602
court determines both of the following: 603
(i) That, based on the ordinary application of statutory 605
law and case law as it existed at the time of violation or 606
threatened violation that was the basis of the injunction, a 607
well-informed public body reasonably would believe that the 608
public body was not violating or threatening to violate this 609
section; 610
(ii) That a well-informed public body reasonably would 612
believe that the conduct or threatened conduct that was the basis 613
of the injunction would serve the public policy that underlies 614
the authority that is asserted as permitting that conduct or 615
threatened conduct. 616
(b) If the court of common pleas does not issue an 618
injunction pursuant to division (I)(1) of this section and the 619
court determines at that time that the bringing of the action was 620
frivolous conduct, as defined in division (A) of section 2323.51 621
of the Revised Code, the court shall award to the public body all 622
court costs and reasonable attorney's fees, as determined by the 623
court. 624
(3) Irreparable harm and prejudice to the party that 626
sought the injunction shall be conclusively and irrebuttably 627
presumed upon proof of a violation or threatened violation of 628
this section. 629
(4) A member of a public body who knowingly violates an 631
injunction issued pursuant to division (I)(1) of this section may 632
be removed from office by an action brought in the court of 633
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common pleas for that purpose by the prosecuting attorney or the 634
attorney general. 635
(J)(1) Pursuant to division (C) of section 5901.09 of the 637
Revised Code, a veterans service commission shall hold an 638
executive session for one or more of the following purposes 639
unless an applicant requests a public hearing: 640
(a) Interviewing an applicant for financial assistance 642
under sections 5901.01 to 5901.15 of the Revised Code; 643
(b) Discussing applications, statements, and other 645
documents described in division (B) of section 5901.09 of the 646
Revised Code; 647
(c) Reviewing matters relating to an applicant's request 649
for financial assistance under sections 5901.01 to 5901.15 of the 650
Revised Code.
(2) A veterans service commission shall not exclude an 652
applicant for, recipient of, or former recipient of financial 653
assistance under sections 5901.01 to 5901.15 of the Revised Code, 654
and shall not exclude representatives selected by the applicant, 656
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 657
applicant's, recipient's, or former recipient's application for 658
financial assistance.
(3) A veterans service commission shall vote on the grant 660
or denial of financial assistance under sections 5901.01 to 661
5901.15 of the Revised Code only in an open meeting of the 663
commission. The minutes of the meeting shall indicate the name, 664
address, and occupation of the applicant, whether the assistance 665
was granted or denied, the amount of the assistance if assistance 666
is granted, and the votes for and against the granting of 667
assistance.
Sec. 125.22. (A) The department of administrative 676
services shall establish the central service agency to perform 677
routine support for the following boards and commissions: 678
(1) State board of examiners of architects; 680
17
(2) Barber board; 682
(3) Chiropractic examining STATE CHIROPRACTIC board; 684
(4) State board of cosmetology; 686
(5) Accountancy board; 688
(6) State dental board; 690
(7) State board of optometry; 692
(8) Ohio occupational therapy, physical therapy, and 694
athletic trainers board; 695
(9) State board of registration for professional engineers 698
and surveyors;
(10) State board of sanitarian registration; 700
(11) Board of embalmers and funeral directors; 702
(12) State board of psychology; 704
(13) Ohio optical dispensers board; 706
(14) Board of speech pathology and audiology; 708
(15) Counselor and social worker board; 710
(16) State veterinary medical licensing board; 712
(17) Ohio board of dietetics; 714
(18) Commission on Hispanic-Latino affairs; 716
(19) Ohio respiratory care board. 718
(B)(1) Notwithstanding any other section of the Revised 720
Code, the agency shall perform the following routine support 721
services for the boards and commissions named in division (A) of 722
this section unless the controlling board exempts a board or 723
commission from this requirement on the recommendation of the 724
director of administrative services: 725
(a) Preparing and processing payroll and other personnel 727
documents; 728
(b) Preparing and processing vouchers, purchase orders, 730
encumbrances, and other accounting documents; 731
(c) Maintaining ledgers of accounts and balances; 733
(d) Preparing and monitoring budgets and allotment plans 735
in consultation with the boards and commissions; 736
(e) Maintaining information required by section 3729.40 of 738
18
the Revised Code;
(f) Other routine support services that the director of 740
administrative services considers appropriate to achieve 741
efficiency. 742
(2) The agency may perform other services which a board or 744
commission named in division (A) of this section delegates to the 745
agency and the agency accepts. 746
(3) The agency may perform any service for any 748
professional or occupational licensing board not named in 749
division (A) of this section or any commission if the board or 750
commission requests such service and the agency accepts. 751
(C) The director of administrative services shall be the 753
appointing authority for the agency. 754
(D) The agency shall determine the fees to be charged to 756
the boards and commissions, which shall be in proportion to the 757
services performed for each board or commission. 758
(E) Each board or commission named in division (A) of this 760
section and any other board or commission requesting services 761
from the agency shall pay these fees to the agency from the 762
general revenue fund maintenance account of the board or 763
commission or from such other fund as the operating expenses of 764
the board or commission are paid. Any amounts set aside for a 765
fiscal year by a board or commission to allow for the payment of 766
fees shall be used only for the services performed by the agency 767
in that fiscal year. All receipts collected by the agency shall 768
be deposited in the state treasury to the credit of the central 769
service agency fund, which is hereby created. All expenses 770
incurred by the agency in performing services for the boards or 771
commissions shall be paid from the fund. 772
(F) Nothing in this section shall be construed as a grant 774
of authority for the central service agency to initiate or deny 775
personnel or fiscal actions for the boards and commissions. 776
Sec. 2305.11. (A)(1) Subject to division (A)(2) of this 786
section, an action for libel, slander, malicious prosecution, or 787
19
false imprisonment, an action for malpractice other than an
action upon a medical, dental, optometric, or chiropractic claim, 788
or an action upon a statute for a penalty or forfeiture shall be 789
commenced within one year after the cause of action accrues, 790
provided that an action by an employee for the payment of unpaid 791
minimum wages, unpaid overtime compensation, or liquidated 792
damages by reason of the nonpayment of minimum wages or overtime 793
compensation shall be commenced within two years after the cause 794
of action accrues.
(2)(a) Except as provided in divisions (A)(2)(b) and (c) 797
of this section, no cause of action for malpractice as described 798
in division (A)(1) of this section shall accrue later than six 799
years from the date of the occurrence of the act or omission 800
constituting the alleged basis of the claim of malpractice. 801
(b) Division (A)(2)(a) of this section is not available as 803
an affirmative defense to a defendant in an action for 804
malpractice as described in division (A)(1) of this section if 805
the defendant engages in fraud in regard to any relevant fact or 806
other information that pertains to the act or omission
constituting the alleged basis of the claim of malpractice. 807
(c) If a cause of action relative to an action for 809
malpractice as described in division (A)(1) of this section 811
accrues during the six-year period described in division
(A)(2)(a) of this section and the claimant cannot commence the 813
action during that period due to a disability described in 814
section 2305.16 of the Revised Code, an action for malpractice
may be commenced within two years after the disability is 815
removed.
(B)(1) Subject to divisions (B)(2) and (3) of this 817
section, an action upon a medical, dental, optometric, or 818
chiropractic claim shall be commenced within one year after the 819
cause of action accrues, except that, if prior to the expiration 820
of that one-year period, a claimant who allegedly possesses a 821
medical, dental, optometric, or chiropractic claim gives to the 822
20
person who is the subject of that claim written notice that the 823
claimant is considering bringing an action upon that claim, that 824
action may be commenced against the person notified at any time 825
within one hundred eighty days after the notice is so given. 826
(2) The provisions of division (B)(1) of this section 829
shall be tolled as to persons within the age of minority or of
unsound mind, as provided by section 2305.16 of the Revised Code. 831
(3)(a) Except as provided in divisions (B)(3)(b), (c), or 833
(d) of this section, no cause of action upon a medical, dental, 835
optometric, or chiropractic claim shall accrue later than six 836
years after the occurrence of the act or omission constituting
the alleged basis of the medical, dental, optometric, or 837
chiropractic claim. 838
(b) Division (B)(3)(a) of this section is not available as 840
an affirmative defense to a defendant in an action upon a 841
medical, dental, optometric, or chiropractic claim as described 842
in division (B)(1) of this section if the defendant engages in 843
fraud in regard to any relevant fact or other information that 844
pertains to the act or omission constituting the alleged basis of
the medical, dental, optometric, or chiropractic claim. 845
(c) Notwithstanding an otherwise applicable period of 848
limitation specified in this chapter, if a plaintiff discovers an 849
injury that is the basis of a medical, dental, optometric, or 850
chiropractic claim within the six-year period described in 851
division (B)(3)(a) of this section, but less than one year prior 852
to the expiration of that period, an action based on the medical, 853
dental, optometric, or chiropractic claim may be commenced within 854
one year after the date of discovery of that injury. 855
(d) Notwithstanding an otherwise applicable period of 858
limitation specified in this chapter, if a medical, dental,
optometric, or chiropractic claim accrues during the six-year 859
period described in division (B)(3)(a) of this section and the 861
plaintiff cannot commence an action during the period due to a 862
disability described in section 2305.16 of the Revised Code, an 863
21
action based on the medical, dental, optometric, or chiropractic 864
claim may be commenced within one year after the removal of that 865
disability. 866
(C) A civil action for unlawful abortion pursuant to 868
section 2919.12 of the Revised Code, a civil action authorized by 870
division (H) of section 2317.56 of the Revised Code, a civil 871
action pursuant to division (B)(1) or (2) of section 2307.51 of 872
the Revised Code for performing a dilation and extraction
procedure or attempting to perform a dilation and extraction 873
procedure in violation of section 2919.15 of the Revised Code, 874
and a civil action pursuant to division (B)(1) or (2) of section 875
2307.52 of the Revised Code for terminating or attempting to 876
terminate a human pregnancy after viability in violation of
division (A) or (B) of section 2919.17 of the Revised Code shall 877
be commenced within one year after the performance or inducement 878
of the abortion, within one year after the attempt to perform or 879
induce the abortion in violation of division (A) or (B) of 880
section 2919.17 of the Revised Code, within one year after the 881
performance of the dilation and extraction procedure, or, in the
case of a civil action pursuant to division (B)(2) of section 882
2307.51 of the Revised Code, within one year after the attempt to 883
perform the dilation and extraction procedure. 884
(D) As used in this section: 886
(1) "Hospital" includes any person, corporation, 888
association, board, or authority that is responsible for the 889
operation of any hospital licensed or registered in the state, 890
including, but not limited to, those which are owned or operated 891
by the state, political subdivisions, any person, any 892
corporation, or any combination thereof. "Hospital" also 893
includes any person, corporation, association, board, entity, or 894
authority that is responsible for the operation of any clinic 895
that employs a full-time staff of physicians practicing in more 896
than one recognized medical specialty and rendering advice, 897
diagnosis, care, and treatment to individuals. "Hospital" does 898
22
not include any hospital operated by the government of the United 899
States or any of its branches. 900
(2) "Physician" means a person who is licensed to practice 903
medicine and surgery or osteopathic medicine and surgery by the 904
state medical board or a person who otherwise is authorized to
practice medicine and surgery or osteopathic medicine and surgery 905
in this state. 906
(3) "Medical claim" means any claim that is asserted in 908
any civil action against a physician, podiatrist, or hospital, 909
against any employee or agent of a physician, podiatrist, or 910
hospital, or against a registered nurse, midwife, or physical 912
therapist, and that arises out of the medical diagnosis, care, or 913
treatment of any person. "Medical claim" includes derivative 914
claims for relief that arise from the medical diagnosis, care, or 915
treatment of a person and a claim that is asserted in a civil 916
action against a hospital and that is based on negligent 917
credentialing.
(4) "Podiatrist" means any person who is licensed to 919
practice podiatric medicine and surgery by the state medical 920
board. 921
(5) "Dentist" means any person who is licensed to practice 923
dentistry by the state dental board. 924
(6) "Dental claim" means any claim that is asserted in any 926
civil action against a dentist, or against any employee or agent 927
of a dentist, and that arises out of a dental operation or the 928
dental diagnosis, care, or treatment of any person. "Dental 929
claim" includes derivative claims for relief that arise from a 930
dental operation or the dental diagnosis, care, or treatment of a 931
person. 932
(7) "Derivative claims for relief" include, but are not 935
limited to, claims of a parent, guardian, custodian, or spouse of 936
an individual who was the subject of any medical diagnosis, care, 937
or treatment, dental diagnosis, care, or treatment, dental 938
operation, optometric diagnosis, care, or treatment, or 939
23
chiropractic diagnosis, care, or treatment, that arise from that 940
diagnosis, care, treatment, or operation, and that seek the 941
recovery of damages for any of the following: 942
(a) Loss of society, consortium, companionship, care, 944
assistance, attention, protection, advice, guidance, counsel, 945
instruction, training, or education, or any other intangible loss 946
that was sustained by the parent, guardian, custodian, or spouse; 947
(b) Expenditures of the parent, guardian, custodian, or 949
spouse for medical, dental, optometric, or chiropractic care or 950
treatment, for rehabilitation services, or for other care, 951
treatment, services, products, or accommodations provided to the 952
individual who was the subject of the medical diagnosis, care, or 953
treatment, the dental diagnosis, care, or treatment, the dental 954
operation, the optometric diagnosis, care, or treatment, or the 956
chiropractic diagnosis, care, or treatment.
(8) "Registered nurse" means any person who is licensed to 958
practice nursing as a registered nurse by the state board of 959
nursing. 960
(9) "Chiropractic claim" means any claim that is asserted 962
in any civil action against a chiropractor, or against any 964
employee or agent of a chiropractor, and that arises out of the 966
chiropractic diagnosis, care, or treatment of any person. 967
"Chiropractic claim" includes derivative claims for relief that 968
arise from the chiropractic diagnosis, care, or treatment of a 969
person. 970
(10) "Chiropractor" means any person who is licensed to 973
practice chiropractic by the STATE chiropractic examining board. 974
(11) "Optometric claim" means any claim that is asserted 976
in any civil action against an optometrist, or against any 977
employee or agent of an optometrist, and that arises out of the 978
optometric diagnosis, care, or treatment of any person. 979
"Optometric claim" includes derivative claims for relief that 980
arise from the optometric diagnosis, care, or treatment of a 981
person. 982
24
(12) "Optometrist" means any person licensed to practice 984
optometry by the state board of optometry. 985
(13) "Physical therapist" means any person who is licensed 987
to practice physical therapy under Chapter 4755. of the Revised 988
Code. 989
Sec. 2317.02. The following persons shall not testify in 998
certain respects: 999
(A) An attorney, concerning a communication made to the 1,001
attorney by a client in that relation or the attorney's advice to 1,003
a client, except that the attorney may testify by express consent 1,004
of the client or, if the client is deceased, by the express 1,005
consent of the surviving spouse or the executor or administrator 1,006
of the estate of the deceased client and except that, if the 1,007
client voluntarily testifies or is deemed by section 2151.421 of 1,008
the Revised Code to have waived any testimonial privilege under 1,009
this division, the attorney may be compelled to testify on the 1,010
same subject;
(B)(1) A physician or a, dentist, OR CHIROPRACTOR 1,012
concerning a communication made to the physician or, dentist, OR 1,014
CHIROPRACTOR by a patient in that relation or the physician's or 1,016
dentist's PRACTITIONER'S advice to a patient, except as otherwise 1,017
provided in this division, division (B)(2), and division (B)(3) 1,018
of this section, and except that, if the patient is deemed by 1,019
section 2151.421 of the Revised Code to have waived any 1,020
testimonial privilege under this division, the physician
PRACTITIONER may be compelled to testify on the same subject. 1,021
The testimonial privilege established under this division 1,023
does not apply, and a physician or, dentist, OR CHIROPRACTOR may 1,025
testify or may be compelled to testify, in any of the following 1,026
circumstances:
(a) In any civil action, in accordance with the discovery 1,028
provisions of the Rules of Civil Procedure in connection with a 1,029
civil action, or in connection with a claim under Chapter 4123. 1,030
of the Revised Code, under any of the following circumstances: 1,031
25
(i) If the patient or the guardian or other legal 1,033
representative of the patient gives express consent; 1,034
(ii) If the patient is deceased, the spouse of the patient 1,036
or the executor or administrator of the patient's estate gives 1,038
express consent;
(iii) If a medical claim, dental claim, chiropractic 1,040
claim, or optometric claim, as defined in section 2305.11 of the 1,041
Revised Code, an action for wrongful death, any other type of 1,042
civil action, or a claim under Chapter 4123. of the Revised Code 1,043
is filed by the patient, the personal representative of the 1,044
estate of the patient if deceased, or the patient's guardian or 1,046
other legal representative.
(b) In any criminal action concerning any test or the 1,048
results of any test that determines the presence or concentration 1,049
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 1,050
the patient's blood, breath, urine, or other bodily substance at 1,051
any time relevant to the criminal offense in question. 1,052
(c) In any criminal action against a physician or, 1,055
dentist, OR CHIROPRACTOR. In such an action, the testimonial 1,056
privilege established under this division does not prohibit the 1,057
admission into evidence, in accordance with the Rules of 1,059
Evidence, of a patient's medical or, dental, OR CHIROPRACTIC 1,060
records or other communications between a patient and the 1,062
physician or dentist PRACTITIONER that are related to the action 1,064
and obtained by subpoena, search warrant, or other lawful means. 1,065
A court that permits or compels a physician or dentist
PRACTITIONER to testify in such an action or permits the 1,066
introduction into evidence of patient records or other 1,068
communications in such an action shall require that appropriate 1,069
measures be taken to ensure that the confidentiality of any 1,070
patient named or otherwise identified in the records is 1,071
maintained. Measures to ensure confidentiality that may be taken 1,072
by the court include sealing its records or deleting specific 1,073
information from its records. 1,074
26
(2)(a) If any law enforcement officer submits a written 1,076
statement to a health care provider that states that an official 1,077
criminal investigation has begun regarding a specified person or 1,078
that a criminal action or proceeding has been commenced against a 1,079
specified person, that requests the provider to supply to the 1,080
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 1,081
specified person to determine the presence or concentration of 1,082
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 1,083
person's blood, breath, or urine at any time relevant to the 1,084
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 1,085
specifically prohibited by any law of this state or of the United 1,086
States, shall supply to the officer a copy of any of the 1,087
requested records the provider possesses. If the health care 1,088
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 1,089
indicates that the provider does not possess any of the requested 1,090
records.
(b) If a health care provider possesses any records of the 1,092
type described in division (B)(2)(a) of this section regarding 1,093
the person in question at any time relevant to the criminal 1,094
offense in question, in lieu of personally testifying as to the 1,095
results of the test in question, the custodian of the records may 1,096
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 1,097
admitted as evidence in accordance with the Rules of Evidence. 1,098
Division (A) of section 2317.422 of the Revised Code does not 1,099
apply to any certified copy of records submitted in accordance 1,100
with this division. Nothing in this division shall be construed 1,101
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 1,102
person under whose supervision the test was administered, the 1,103
custodian of the records, the person who made the records, or the 1,104
27
person under whose supervision the records were made. 1,105
(3)(a) If the testimonial privilege described in division 1,107
(B)(1) of this section does not apply as provided in division 1,108
(B)(1)(a)(iii) of this section, a physician or, dentist, OR 1,110
CHIROPRACTOR may be compelled to testify or to submit to
discovery under the Rules of Civil Procedure only as to a 1,112
communication made to the physician or dentist PRACTITIONER by 1,113
the patient in question in that relation, or the physician's or 1,114
dentist's PRACTITIONER'S advice to the patient in question, that 1,116
related causally or historically to physical or mental injuries 1,117
that are relevant to issues in the medical claim, dental claim, 1,118
chiropractic claim, or optometric claim, action for wrongful 1,119
death, other civil action, or claim under Chapter 4123. of the 1,120
Revised Code.
(b) If the testimonial privilege described in division 1,122
(B)(1) of this section does not apply to a physician or, dentist, 1,123
OR CHIROPRACTOR as provided in division (B)(1)(b) of this 1,125
section, the physician or dentist PRACTITIONER, in lieu of
personally testifying as to the results of the test in question, 1,127
may submit a certified copy of those results, and, upon its 1,128
submission, the certified copy is qualified as authentic evidence 1,130
and may be admitted as evidence in accordance with the Rules of
Evidence. Division (A) of section 2317.422 of the Revised Code 1,131
does not apply to any certified copy of results submitted in 1,132
accordance with this division. Nothing in this division shall be 1,133
construed to limit the right of any party to call as a witness 1,134
the person who administered the test in question, the person
under whose supervision the test was administered, the custodian 1,135
of the results of the test, the person who compiled the results, 1,137
or the person under whose supervision the results were compiled. 1,138
(4)(a) As used in divisions (B)(1) to (3) of this section, 1,140
"communication" means acquiring, recording, or transmitting any 1,141
information, in any manner, concerning any facts, opinions, or 1,142
statements necessary to enable a physician or, dentist, OR 1,144
28
CHIROPRACTOR to diagnose, treat, prescribe, or act for a patient.
A "communication" may include, but is not limited to, any medical 1,145
or, dental, OR CHIROPRACTIC COMMUNICATION, office COMMUNICATION, 1,147
or hospital communication such as a record, chart, letter, 1,148
memorandum, laboratory test and results, x-ray, photograph, 1,149
financial statement, diagnosis, or prognosis.
(b) As used in division (B)(2) of this section, "health 1,151
care provider" has the same meaning as in section 3729.01 of the 1,152
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 1,154
apply to doctors of medicine, doctors of osteopathic medicine, 1,155
doctors of podiatry, and dentists DOCTORS OF DENTISTRY, AND 1,156
DOCTORS OF CHIROPRACTIC. 1,157
(6) Nothing in divisions (B)(1) to (5) of this section 1,159
affects, or shall be construed as affecting, the immunity from 1,160
civil liability conferred by section 2305.33 of the Revised Code 1,161
upon physicians who report an employee's use of a drug of abuse, 1,162
or a condition of an employee other than one involving the use of 1,163
a drug of abuse, to the employer of the employee in accordance 1,164
with division (B) of that section. As used in division (B)(6) of 1,166
this section, "employee," "employer," and "physician" have the 1,167
same meanings as in section 2305.33 of the Revised Code. 1,168
(C) A member of the clergy, rabbi, priest, or regularly 1,170
ordained, accredited, or licensed minister of an established and 1,172
legally cognizable church, denomination, or sect, when the member 1,173
of the clergy, rabbi, priest, or minister remains accountable to 1,175
the authority of that church, denomination, or sect, concerning a 1,176
confession made, or any information confidentially communicated, 1,177
to the member of the clergy, rabbi, priest, or minister for a 1,179
religious counseling purpose in the member of the clergy's, 1,180
rabbi's, priest's, or minister's professional character; however, 1,182
the member of the clergy, rabbi, priest, or minister may testify 1,184
by express consent of the person making the communication, except 1,185
when the disclosure of the information is in violation of a 1,186
29
sacred trust.
(D) Husband or wife, concerning any communication made by 1,188
one to the other, or an act done by either in the presence of the 1,189
other, during coverture, unless the communication was made, or 1,190
act done, in the known presence or hearing of a third person 1,191
competent to be a witness; and such rule is the same if the 1,192
marital relation has ceased to exist. 1,193
(E) A person who assigns a claim or interest, concerning 1,195
any matter in respect to which the person would not, if a party, 1,197
be permitted to testify;
(F) A person who, if a party, would be restricted under 1,200
section 2317.03 of the Revised Code, when the property or thing 1,201
is sold or transferred by an executor, administrator, guardian, 1,202
trustee, heir, devisee, or legatee, shall be restricted in the 1,203
same manner in any action or proceeding concerning the property 1,204
or thing.
(G)(1) A school guidance counselor who holds a valid 1,206
educator license from the state board of education as provided 1,208
for in section 3319.22 of the Revised Code, a person licensed 1,209
under Chapter 4757. of the Revised Code as a professional 1,210
clinical counselor, professional counselor, social worker, or 1,211
independent social worker, or registered under Chapter 4757. of 1,212
the Revised Code as a social work assistant concerning a 1,213
confidential communication received from a client in that 1,214
relation or the person's advice to a client unless any of the 1,216
following applies:
(a) The communication or advice indicates clear and 1,218
present danger to the client or other persons. For the purposes 1,219
of this division, cases in which there are indications of present 1,220
or past child abuse or neglect of the client constitute a clear 1,221
and present danger. 1,222
(b) The client gives express consent to the testimony. 1,224
(c) If the client is deceased, the surviving spouse or the 1,226
executor or administrator of the estate of the deceased client 1,227
30
gives express consent. 1,228
(d) The client voluntarily testifies, in which case the 1,230
school guidance counselor or person licensed or registered under 1,231
Chapter 4757. of the Revised Code may be compelled to testify on 1,233
the same subject.
(e) The court in camera determines that the information 1,235
communicated by the client is not germane to the counselor-client 1,236
or social worker-client relationship. 1,237
(f) A court, in an action brought against a school, its 1,239
administration, or any of its personnel by the client, rules 1,240
after an in-camera inspection that the testimony of the school 1,241
guidance counselor is relevant to that action. 1,242
(2) Nothing in division (G)(1) of this section shall 1,244
relieve a school guidance counselor or a person licensed or 1,246
registered under Chapter 4757. of the Revised Code from the 1,248
requirement to report information concerning child abuse or 1,249
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 1,251
division (A) of section 3109.052 of the Revised Code or otherwise 1,252
issued in any proceeding for divorce, dissolution, legal 1,253
separation, annulment, or the allocation of parental rights and 1,254
responsibilities for the care of children, in any action or 1,255
proceeding, other than a criminal, delinquency, child abuse, 1,256
child neglect, or dependent child action or proceeding, that is 1,257
brought by or against either parent who takes part in mediation 1,258
in accordance with the order and that pertains to the mediation 1,259
process, to any information discussed or presented in the 1,260
mediation process, to the allocation of parental rights and 1,261
responsibilities for the care of the parents' children, or to the 1,262
awarding of visitation rights in relation to their children. 1,263
(I) A communications assistant, acting within the scope of 1,265
the communication assistant's authority, when providing 1,266
telecommunications relay service pursuant to section 4931.35 of 1,268
the Revised Code or Title II of the "Communications Act of 1934," 1,269
31
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 1,270
made through a telecommunications relay service. 1,271
Nothing in this section shall limit any immunity or 1,273
privilege granted under federal law or regulation. Nothing in 1,274
this section shall limit the obligation of a communications 1,275
assistant to divulge information or testify when mandated by 1,276
federal law or regulation or pursuant to subpoena in a criminal 1,277
proceeding. 1,278
Sec. 2929.24. (A) The prosecutor in any case against any 1,287
person licensed, certified, registered, or otherwise authorized 1,288
to practice under Chapter 3719., 4715., 4723., 4729., 4730., 1,289
4731., 4734., or 4741. of the Revised Code shall notify the 1,290
appropriate licensing board, on forms provided by the board, of 1,292
any of the following regarding the person: 1,293
(1) A plea of guilty to, or a conviction of, a felony, or 1,295
a court order dismissing a felony charge on technical or 1,297
procedural grounds;
(2) A plea of guilty to, or a conviction of, a misdemeanor 1,299
committed in the course of practice or in the course of business, 1,301
or a court order dismissing such a misdemeanor charge on 1,302
technical or procedural grounds;
(3) A plea of guilty to, or a conviction of, a misdemeanor 1,304
involving moral turpitude, or a court order dismissing such a 1,305
charge on technical or procedural grounds. 1,306
(B) The report required by division (A) of this section 1,309
shall include the name and address of the person, the nature of
the offense, and certified copies of court entries in the action. 1,311
Sec. 3701.74. (A) As used in this section: 1,320
(1) "Hospital" means any institution registered as a 1,322
hospital with the department of health pursuant to section 1,323
3701.07 of the Revised Code. 1,324
(2) "Medical record" means any document or combination of 1,326
documents that pertains to a patient's medical history, 1,327
diagnosis, prognosis, or medical condition and that is generated 1,328
32
and maintained in the process of the patient's health care 1,329
treatment at a hospital. 1,330
(3) "Finalized medical record" means a medical record that 1,332
is complete according to a hospital's bylaws OR A PRACTITIONER'S 1,333
OFFICE POLICY. 1,334
(4) "Patient" means any individual who received health 1,336
care treatment at a hospital OR FROM A PRACTITIONER. 1,337
(5) "PRACTITIONER" MEANS AN INDIVIDUAL AUTHORIZED UNDER 1,339
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 1,340
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY OR AN 1,341
INDIVIDUAL LICENSED UNDER CHAPTER 4734. OF THE REVISED CODE TO 1,342
PRACTICE CHIROPRACTIC.
(B) A hospital OR PRACTITIONER shall prepare a finalized 1,344
medical record for each patient who receives health care 1,346
treatment at the hospital OR FROM THE PRACTITIONER, within a 1,347
reasonable time after treatment. 1,348
(C) A patient who wishes to examine or obtain a copy of 1,350
part or all of a finalized medical record covering a prior 1,351
inpatient stay or outpatient PERIOD OF treatment shall submit to 1,352
the hospital OR PRACTITIONER a signed, written request dated not 1,353
more than sixty days before the date on which it is submitted. 1,355
The patient who wishes to obtain a copy of the record shall 1,356
indicate in the request whether the copy is to be sent to the 1,357
patient's residence or held for the patient at the hospital OR BY 1,358
THE PRACTITIONER. Within a reasonable time after receiving a 1,360
request that meets the requirements of this division and includes 1,361
sufficient information to identify the record requested, the 1,362
hospital OR PRACTITIONER shall permit the patient to examine the 1,363
record during regular business hours or shall provide a copy of
the record in accordance with the request, except that if a 1,364
physician PRACTITIONER who has treated the patient determines for 1,366
clearly stated treatment reasons that disclosure of the requested 1,367
record is likely to have an adverse effect on the patient, the 1,368
hospital OR PRACTITIONER shall provide the record to a physician 1,369
33
PRACTITIONER designated by the patient. The hospital OR 1,370
PRACTITIONER shall take reasonable steps to establish the 1,372
identity of the patient examining, or requesting a copy of, the 1,373
patient's record.
(D) If a hospital OR PRACTITIONER fails to furnish a 1,375
finalized medical record as required by division (C) of this 1,376
section, the patient who requested the record may bring a civil 1,377
action to enforce the patient's right of access to the record. 1,378
(E) This section does not apply to medical records whose 1,380
release is covered by Chapter 1347. or 5122. of the Revised Code 1,381
or by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug 1,382
Abuse Patient Records." Nothing in this section is intended to 1,383
supersede the confidentiality provisions of sections 2305.24 to 1,384
2305.251 of the Revised Code. 1,385
Sec. 3719.12. Unless a report has been made pursuant to 1,394
section 2929.24 of the Revised Code, on the conviction of a 1,396
manufacturer, wholesaler, terminal distributor of dangerous 1,397
drugs, pharmacist, pharmacy intern, dentist, doctor of medicine 1,398
or osteopathic medicine CHIROPRACTOR, PHYSICIAN, podiatrist, 1,399
registered nurse, licensed practical nurse, physician assistant, 1,401
optometrist, or veterinarian of the violation of this chapter or 1,403
Chapter 2925. of the Revised Code, the prosecutor in the case 1,404
promptly shall report the conviction to the board that licensed, 1,405
certified, or registered the person to practice or to carry on 1,407
business. The responsible board shall provide forms to the 1,408
prosecutor. Within thirty days of the receipt of this 1,410
information, the board shall initiate action in accordance with 1,412
Chapter 119. of the Revised Code to determine whether to suspend
or revoke the person's license, certificate, or registration. 1,413
Sec. 3719.121. (A) Except as otherwise provided in 1,422
section 4723.28, 4723.35, 4730.25, or 4731.22, 4734.39, OR 1,424
4734.41 of the Revised Code, the license, certificate, or 1,425
registration of any dentist, doctor of medicine or osteopathic 1,427
medicine CHIROPRACTOR, PHYSICIAN, podiatrist, registered nurse, 1,428
34
licensed practical nurse, physician assistant, pharmacist, 1,429
pharmacy intern, optometrist, or veterinarian who is or becomes 1,431
addicted to the use of controlled substances shall be suspended 1,433
by the board that authorized the person's license, certificate, 1,434
or registration until the person offers satisfactory proof to the 1,436
board that the person no longer is addicted to the use of
controlled substances. 1,437
(B) If the board under which a person has been issued a 1,440
license, certificate, or evidence of registration determines that 1,442
there is clear and convincing evidence that continuation of the 1,443
person's professional practice or method of prescribing or 1,444
personally furnishing controlled substances presents a danger of 1,447
immediate and serious harm to others, the board may suspend the 1,448
person's license, certificate, or registration without a hearing. 1,449
Except as otherwise provided in sections 4715.30, 4723.281, 1,450
4730.25, and 4731.22, AND 4734.36 of the Revised Code, the board 1,452
shall follow the procedure for suspension without a prior hearing 1,454
in section 119.07 of the Revised Code. The suspension shall 1,455
remain in effect, unless removed by the board, until the board's 1,456
final adjudication order becomes effective, except that if the 1,457
board does not issue its final adjudication order within ninety 1,458
days after the hearing, the suspension shall be void on the 1,459
ninety-first day after the hearing. 1,460
(C) On receiving notification pursuant to section 2929.24 1,462
or 3719.12 of the Revised Code, the board under which a person 1,463
has been issued a license, certificate, or evidence of 1,464
registration immediately shall suspend the license, certificate, 1,466
or registration of that person on a plea of guilty to, a finding 1,469
by a jury or court of the person's guilt of, or conviction of a
felony drug abuse offense; a finding by a court of the person's 1,471
eligibility for treatment in lieu of conviction; a plea of guilty 1,473
to, or a finding by a jury or court of the person's guilt of, or 1,474
the person's conviction of an offense in another jurisdiction 1,475
that is essentially the same as a felony drug abuse offense; or a 1,476
35
finding by a court of the person's eligibility for treatment in 1,477
lieu of conviction in another jurisdiction. The board shall 1,478
notify the holder of the license, certificate, or registration of 1,479
the suspension, which shall remain in effect until the board 1,481
holds an adjudicatory hearing under Chapter 119. of the Revised 1,482
Code.
Sec. 3729.40. (A) The Ohio health care data center shall 1,491
conduct annually a survey of the educational background, 1,493
demographic characteristics, and professional practices of 1,494
persons licensed, certified, or registered by the following: the 1,495
STATE chiropractic examining board; the counselor and social 1,497
worker board; the state medical board; the board of nursing; the
Ohio occupational therapy, physical therapy, and athletic 1,498
trainers board; the state board of optometry; and the state board 1,499
of psychology. The public health council shall adopt rules in 1,500
accordance with Chapter 119. of the Revised Code governing the 1,501
information to be included in the survey and the process for 1,502
conducting it. The department of administrative services shall
provide the Ohio health care data center with the full names, 1,503
types of licenses, and business addresses, that the central 1,504
service agency maintains under section 125.22 of the Revised Code 1,505
regarding persons licensed, certified, or registered by the 1,506
boards specified in this division. The state medical board shall
provide the center with similar information regarding persons 1,507
licensed, certified, or registered by the board. The survey 1,508
results shall be used exclusively for statistical purposes and 1,510
shall be released only in their entirety. 1,511
(B) Each medical school in this state shall disclose 1,513
annually to the center, in the form and manner prescribed by the 1,514
center, all of the following information: 1,515
(1) The number of entering medical students, according to 1,517
state and county of residence prior to entering; 1,518
(2) The number of graduates entering primary care medical 1,520
residencies in comparison with those entering specialized fields, 1,521
36
according to location and type of residency; 1,522
(3) The number of its graduates completing either primary 1,524
care or specialty residencies who: 1,525
(a) Proceed directly to practice, according to state and 1,527
county of practice; 1,528
(b) Proceed directly to specialty residency or 1,530
fellowships. 1,531
(4) The number of its graduates completing specialty 1,533
residency fellowships who proceed to practice, according to state 1,534
and county of practice. 1,535
(C) Each school of nursing and school of allied health 1,537
education in this state that awards baccalaureate degrees shall 1,538
disclose annually to the center, in the form and manner 1,539
prescribed by the center, all of the following information: 1,540
(1) The number of baccalaureate graduates who proceed 1,542
directly to practice, according to state and county of practice; 1,543
(2) The number of baccalaureate graduates who proceed 1,545
directly to post-baccalaureate training; 1,546
(3) The number of its baccalaureate graduates who complete 1,548
post-baccalaureate training and proceed to practice, according to 1,549
state and county of practice. 1,550
Sec. 4734.01. AS USED IN THIS CHAPTER, THE "PRACTICE OF 1,552
CHIROPRACTIC" MEANS UTILIZATION OF THE RELATIONSHIP BETWEEN THE 1,554
MUSCULO-SKELETAL STRUCTURES OF THE BODY, THE SPINAL COLUMN, AND 1,555
THE NERVOUS SYSTEM IN THE RESTORATION AND MAINTENANCE OF HEALTH, 1,556
IN CONNECTION WITH WHICH PATIENT CARE IS CONDUCTED WITH DUE 1,557
REGARD FOR FIRST AID, HYGIENIC, NUTRITIONAL, AND REHABILITATIVE 1,558
PROCEDURES AND THE SPECIFIC VERTEBRAL ADJUSTMENT AND MANIPULATION 1,559
OF THE ARTICULATIONS AND ADJACENT TISSUES OF THE BODY. 1,560
Sec. 4734.01 4734.02. Within thirty days after the 1,569
effective date of this section the governor shall appoint a THE 1,571
chiropractic examining board IS HEREBY RENAMED THE STATE 1,573
CHIROPRACTIC BOARD. THE BOARD SHALL ASSUME AND EXERCISE ALL OF 1,574
THE DUTIES CONFERRED ON IT BY THIS CHAPTER CONCERNING THE 1,575
37
PRACTICE OF CHIROPRACTIC, CHIROPRACTORS, AND THE REGULATION 1,576
THEREOF.
MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE GOVERNOR 1,580
WITH THE ADVICE AND CONSENT OF THE SENATE. THE BOARD SHALL BE 1,581
composed of four chiropractors, each of whom shall be a graduate 1,584
of an incorporated school or college of chiropractic and who 1,585
shall have been engaged in the practice of their profession in 1,586
this state for at least five years next preceding the effective 1,588
date of this section, and not more than two to be graduates of 1,589
any one school. A AND A fifth member shall be a lay person 1,591
representing the public. No member of the board shall be a 1,593
trustee of any school or college of chiropractic, and each THE 1,595
PUBLIC MEMBER SHALL NOT BE CONNECTED IN ANY MANNER, OTHER THAN AS 1,596
A CHIROPRACTIC PATIENT, WITH ANY CHIROPRACTOR OR CHIROPRACTIC 1,598
PRACTICE OR ANY ENTITY THAT ROUTINELY ENGAGES IN BUSINESS WITH 1,599
MEMBERS OF THE CHIROPRACTIC PROFESSION. EACH professional 1,601
member, AT THE TIME OF APPOINTMENT, shall be engaged in full-time 1,602
practice in the THIS state AND SHALL HAVE BEEN LICENSED BY THE 1,604
BOARD FOR AT LEAST FIVE YEARS. Of the initial appointments made 1,605
to the board two of the members shall be appointed for a term 1,607
ending two years after the effective date of this section, two 1,608
for a term ending three years after that date, and one for a term 1,609
ending four years after that date. Thereafter, terms 1,610
TERMS of office shall be for four years, WITH each term 1,614
ending on the same day of the same month of the year as did the 1,615
term which it succeeds. Each member shall hold office from the 1,616
date of his appointment until the end of the term for which he 1,617
was appointed. NO INDIVIDUAL SHALL SERVE FOR MORE THAN TWO FULL 1,618
TERMS. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 1,619
ORIGINAL APPOINTMENTS. Any member appointed to fill a vacancy 1,621
occurring prior to the expiration of the term for which his THE 1,622
MEMBER'S predecessor was appointed shall hold office for the 1,624
remainder of such THAT term. Any A member shall continue in 1,625
office subsequent to the expiration date of his THE MEMBER'S term 1,627
38
until his THE MEMBER'S successor takes office, or until a period 1,629
of sixty days has elapsed, whichever occurs first. No individual 1,631
shall serve for more than two four-year terms. All appointments 1,632
made by the governor shall be with the advice and consent of the 1,633
senate. Any vacancies occurring on the board shall be filled by 1,634
the governor for the unexpired term with the advice and consent 1,635
of the senate.
Sec. 4734.04 4734.03. Each member of the STATE 1,644
chiropractic examining board shall be paid at the appropriate 1,647
rate for those days on which his THE MEMBER'S services or duties 1,648
are required. Each member of the board shall be paid at the rate 1,649
established pursuant to division (J) of section 124.15 of the 1,650
Revised Code and shall not receive step advancements. In 1,651
addition, each board member shall receive his THE MEMBER'S 1,653
necessary expenses. 1,654
Sec. 4734.03 4734.04. (A) The STATE chiropractic 1,664
examining board shall hold its annual meeting in this state in 1,665
September of each year and shall hold other meetings at the times 1,666
and places that a majority of the board directs. The A SPECIAL 1,669
MEETING SHALL BE HELD AT THE CALL OF THE BOARD'S PRESIDENT OR AT
THE REQUEST OF TWO OR MORE BOARD MEMBERS, IN WHICH CASE THE 1,670
MEETING SHALL BE CALLED BY THE BOARD'S EXECUTIVE DIRECTOR. 1,671
A MAJORITY OF THE BOARD CONSTITUTES A QUORUM FOR THE 1,673
TRANSACTION OF BUSINESS. EXCEPT WHEN ACTION IS TAKEN ON BEHALF 1,674
OF THE BOARD BY THE BOARD'S PRESIDENT UNDER DIVISION (A) OF 1,675
SECTION 4734.05 OF THE REVISED CODE, THE BOARD MAY NOT TAKE ANY 1,676
ACTION WITHOUT THE CONCURRENCE OF THREE MEMBERS. THE BOARD SHALL
MAKE RULES AS NECESSARY TO GOVERN ITS INTERNAL MANAGEMENT. 1,677
(B) THE board shall keep a record of its proceedings 1,681
MEETINGS and OTHER OFFICIAL ACTIONS, INCLUDING a register of all 1,683
applicants for licensure to practice chiropractic. The register 1,684
shall show whether an applicant for licensure was rejected or was 1,686
granted a license. The books BOARD'S RECORDS and register of the 1,687
board shall be prima-facie evidence of all matters recorded in 1,689
39
them. The board shall have ADOPT a common seal, shall formulate 1,690
rules to govern its actions, and, consistent with section 1,691
4734.091 of the Revised Code, shall adopt rules governing the 1,692
practice of chiropractic. The board shall adopt rules under this 1,695
chapter according to the procedure of Chapter 119. of the Revised 1,696
Code WHICH MAY BE USED TO AUTHENTICATE ITS OFFICIAL DOCUMENTS. 1,697
Sec. 4734.02 4734.05. (A) The members of the STATE 1,707
chiropractic examining board, within thirty days after their 1,708
appointment, shall meet and elect ORGANIZE BY ELECTING FROM ITS 1,709
MEMBERS a president from their own number, and elect or appoint a 1,710
secretary who need not be one of their number. The president 1,712
shall hold his office for two years and until his THE PRESIDENT'S 1,713
successor is elected and qualified. Any member and the secretary 1,714
may administer oaths. The secretary TAKES OFFICE. ELECTIONS FOR 1,717
BOARD PRESIDENT SHALL BE HELD AT EVERY OTHER ANNUAL MEETING OF 1,718
THE BOARD HELD IN THIS STATE IN SEPTEMBER. 1,719
THE PRESIDENT, SUBJECT TO THE BOARD'S APPROVAL, MAY 1,721
DESIGNATE ANOTHER MEMBER OF THE BOARD TO SERVE AS VICE-PRESIDENT 1,722
TO FULFILL THE PRESIDENT'S DUTIES IN THE EVENT THAT THE PRESIDENT 1,724
IS ABSENT OR INCAPACITATED. THE VICE-PRESIDENT MAY PERFORM ANY 1,725
ACTION THAT THE PRESIDENT IS AUTHORIZED TO PERFORM. 1,726
THE PRESIDENT MAY MAKE DECISIONS ON BEHALF OF THE BOARD AS 1,729
FOLLOWS:
(1) A DECISION REGARDING BOARD ACTIVITIES MAY BE MADE BY 1,732
THE PRESIDENT IF THE PRESIDENT CONSIDERS THE DECISION TO BE MINOR 1,733
AND DETERMINES THAT MAKING THE DECISION WILL FACILITATE THE 1,734
RESPONSIVENESS AND EFFECTIVENESS OF THE BOARD;
(2) A DECISION INVOLVING A SITUATION THAT REQUIRES 1,736
IMMEDIATE BOARD ATTENTION MAY BE MADE BY THE PRESIDENT IF THE 1,737
CIRCUMSTANCES SURROUNDING THE SITUATION MAKE HOLDING A BOARD 1,738
MEETING IMPRACTICAL. AT THE EARLIEST TIME POSSIBLE, THE 1,739
PRESIDENT SHALL REPORT THE DECISION TO THE MEMBERS OF THE BOARD 1,740
AND THE BOARD SHALL MEET TO RATIFY OR NULLIFY THE DECISION. 1,742
(B) THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR WHO 1,746
40
SHALL SERVE AS THE BOARD'S SECRETARY AND SHALL PERFORM ALL OTHER 1,747
DUTIES PRESCRIBED BY THE BOARD OR THIS CHAPTER. WHILE SERVING AS
EXECUTIVE DIRECTOR, THE INDIVIDUAL APPOINTED SHALL RESIDE IN THIS 1,749
STATE AND MAY NOT SERVE AS A MEMBER OF THE BOARD. 1,750
THE EXECUTIVE DIRECTOR SHALL BE IN THE UNCLASSIFIED SERVICE 1,753
OF THIS STATE. THE BOARD SHALL FIX THE EXECUTIVE DIRECTOR'S 1,754
COMPENSATION AND REIMBURSE THE EXECUTIVE DIRECTOR FOR NECESSARY 1,755
EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES. PRIOR 1,756
TO ENTERING INTO THE OFFICIAL DUTIES OF OFFICE, THE EXECUTIVE 1,757
DIRECTOR SHALL TAKE AND SUBSCRIBE AN OATH OF OFFICE AND shall 1,759
give to the treasurer of the state a bond in the penal sum of
five FIFTY thousand dollars with sufficient sureties to be 1,760
approved by the governor for the faithful discharge of his THE 1,762
duties. The secretary shall receive his necessary expenses 1,764
incurred in the performance of his official duties, and his 1,765
compensation shall be fixed by the board. A majority of the 1,766
board constitutes a quorum for the transaction of business. No 1,767
action of the board is valid without the concurrence of three 1,768
members. The board shall appoint and fix the compensation of 1,769
such employees as are necessary to carry out the purposes of this 1,770
chapter.
THE EXECUTIVE DIRECTOR IS THE BOARD'S APPOINTING AUTHORITY, 1,773
AS DEFINED IN SECTION 124.01 OF THE REVISED CODE. WITH THE 1,775
BOARD'S APPROVAL, THE EXECUTIVE DIRECTOR MAY APPOINT ANY 1,776
EMPLOYEES NECESSARY TO CARRY OUT THE BOARD'S FUNCTIONS, INCLUDING 1,777
INVESTIGATIVE PERSONNEL AND OTHER EMPLOYEES TO PERFORM 1,778
PROFESSIONAL, CLERICAL, AND SPECIAL WORK, AND MAY ESTABLISH 1,779
STANDARDS FOR THE CONDUCT OF AND THE AUTHORITY TO BE GRANTED TO 1,780
THE BOARD'S EMPLOYEES. 1,781
Sec. 4734.06. THE STATE CHIROPRACTIC BOARD MAY APPOINT 1,784
COMMITTEES OR OTHER GROUPS TO ASSIST IT IN FULFILLING ITS DUTIES. 1,785
A COMMITTEE OR GROUP MAY CONSIST OF BOARD MEMBERS, OTHER 1,786
INDIVIDUALS WITH APPROPRIATE BACKGROUNDS, OR BOTH BOARD MEMBERS 1,787
AND OTHER INDIVIDUALS WITH APPROPRIATE BACKGROUNDS. ANY 1,788
41
COMMITTEE OR GROUP APPOINTED SHALL ACT UNDER THE DIRECTION OF THE 1,789
BOARD AND SHALL PERFORM ITS FUNCTIONS WITHIN THE LIMITS 1,790
ESTABLISHED BY THE BOARD. MEMBERS OF A COMMITTEE OR GROUP MAY BE 1,791
REIMBURSED BY THE BOARD FOR ANY EXPENSES INCURRED IN THE 1,792
PERFORMANCE OF THEIR DUTIES.
Sec. 4734.07. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 1,795
STATE CHIROPRACTIC BOARD, A CURRENT OR FORMER BOARD MEMBER, AN
AGENT OF THE BOARD, A REPRESENTATIVE OF THE BOARD, OR AN EMPLOYEE 1,799
OF THE BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS 1,800
THE RESULT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION 1,801
RELATED TO OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO 1,802
THIS CHAPTER. IF ANY OF THOSE PERSONS ASKS TO BE DEFENDED BY THE 1,804
STATE AGAINST ANY CLAIM OR ACTION ARISING OUT OF ANY ACT, 1,806
OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO THE 1,807
PERSON'S OFFICIAL DUTIES, AND THE REQUEST IS MADE IN WRITING AT A 1,808
REASONABLE TIME BEFORE TRIAL AND THE PERSON REQUESTING DEFENSE 1,809
COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE CLAIM OR ACTION, 1,810
THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S DEFENSE AND 1,811
SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR SETTLEMENT. AT 1,812
NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM OR JUDGMENT THAT 1,813
IS FOR PUNITIVE OR EXEMPLARY DAMAGES.
Sec. 4734.08. Every person who receives a license to 1,822
practice chiropractic from the THE STATE chiropractic examining 1,823
board shall, before beginning the practice of his profession in 1,826
this state, record the license or a certified copy thereof with 1,828
the probate court of the county in which he expects to practice. 1,829
Until such license is filed for record, the holder thereof shall 1,830
exercise none of the rights or privileges conferred therein. The 1,832
probate judge shall keep in a book provided for that purpose a 1,834
complete list of all the licenses recorded by him with the date 1,836
of the recording of such licenses. Each holder of a license
shall pay to the probate court a fee of two dollars for making 1,837
such record. The probate judge shall also note the revocation or 1,838
suspension of a certificate by the chiropractic examining board, 1,840
42
or the death or change of location of the holder of a certificate 1,841
in the margin of a record. It shall be the duty of the 1,843
chiropractic examining board and of each certificate holder to
supply such information to the probate judge. If the holder of a 1,844
certificate changes his place of residence, he shall have the 1,846
certificate recorded by the probate judge of the county into 1,849
which he removes BECOME A MEMBER OF THE FEDERATION OF 1,850
CHIROPRACTIC LICENSING BOARDS. THE BOARD MAY PARTICIPATE IN ANY 1,851
OF THE FEDERATION'S ACTIVITIES, INCLUDING REPORTING BOARD ACTIONS 1,852
TAKEN TOWARD AN APPLICANT OR LICENSE HOLDER TO ANY DATA BANK 1,853
ESTABLISHED BY THE FEDERATION. 1,854
Sec. 4734.09. THE BOARD MAY ENTER INTO CONTRACTS WITH ANY 1,856
PERSON OR GOVERNMENT ENTITY TO CARRY OUT THE INTENT OF THIS 1,857
CHAPTER AND THE RULES ADOPTED UNDER IT, ANY OTHER APPLICABLE 1,858
STATE STATUTES OR RULES, AND ANY APPLICABLE FEDERAL STATUTES OR 1,859
REGULATIONS. 1,860
Sec. 4734.10. IN ADDITION TO ADOPTING RULES AS EXPRESSLY 1,863
REQUIRED OR AUTHORIZED BY THIS CHAPTER, THE STATE CHIROPRACTIC 1,864
BOARD MAY ADOPT ANY OTHER RULES IT CONSIDERS NECESSARY TO GOVERN 1,865
THE PRACTICE OF CHIROPRACTIC AND TO IMPLEMENT AND ADMINISTER THIS 1,866
CHAPTER. ALL RULES ADOPTED UNDER THIS SECTION SHALL BE ADOPTED 1,867
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,868
Sec. 4734.17 4734.14. (A)(1) No person shall ENGAGE IN 1,878
THE practice OF chiropractic without a certificate from the 1,880
chiropractic examining board, except a person to whom a current
or original certificate to practice chiropractic has been, VALID 1,882
LICENSE issued by the STATE chiropractic examining board under 1,884
this chapter. No 1,885
(2) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, NO 1,888
person shall advertise or announce the person as CLAIM TO BE a 1,889
chiropractor without, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC 1,890
PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION WITH THE 1,891
PERSON'S NAME, UNLESS THE PERSON HOLDS a certificate CURRENT, 1,894
VALID LICENSE from the chiropractic examining board. Subject 1,895
43
(3) SUBJECT to section 4734.091 4734.17 of the Revised 1,898
Code, no person who is not a licensee shall open or conduct an 1,900
office or other place for the practice of chiropractic without a 1,901
certificate LICENSE from the board. Subject 1,902
(4) SUBJECT to section 4734.091 4734.17 of the Revised 1,905
Code, no person shall conduct an office in the name of some 1,906
person who has a certificate LICENSE to practice chiropractic. 1,907
No
(5) NO person shall practice chiropractic after a 1,910
certificate has been revoked or, if a certificate has been 1,911
suspended, during the time of the suspension IN VIOLATION OF THE 1,913
PERSON'S LICENSE REVOCATION, FORFEITURE, OR SUSPENSION OR IN 1,914
VIOLATION OF ANY RESTRICTION, LIMITATION, OR CONDITION PLACED ON 1,915
THE PERSON'S LICENSE.
(6) NO PERSON SHALL EMPLOY FRAUD OR DECEPTION IN APPLYING 1,917
FOR OR SECURING A LICENSE TO PRACTICE CHIROPRACTIC OR IN RENEWING 1,918
A LICENSE TO PRACTICE CHIROPRACTIC. 1,919
(7) NO PERSON SHALL MAKE, ISSUE, OR PUBLISH, OR CAUSE TO 1,921
BE MADE, ISSUED, OR PUBLISHED, FOR THE PURPOSE OF SALE, BARTER, 1,922
OR GIFT, A LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER 1,923
WRITING OR DOCUMENT FALSELY REPRESENTING THE HOLDER OR RECEIVER 1,924
THEREOF TO BE LICENSED UNDER THIS CHAPTER OR TO BE A GRADUATE OF 1,925
A CHIROPRACTIC SCHOOL, COLLEGE, OR OTHER EDUCATIONAL INSTITUTION 1,926
OF CHIROPRACTIC, OR SELL OR DISPOSE OF, OR OFFER TO SELL OR
DISPOSE OF SUCH LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER 1,928
WRITING OR DOCUMENT CONTAINING SUCH FALSE REPRESENTATION OR USE 1,929
THE PERSON'S NAME, OR PERMIT IT TO BE USED, AS A SUBSCRIBER TO 1,930
SUCH FALSE AND FICTITIOUS LICENSE, CERTIFICATE, DIPLOMA, DEGREE, 1,931
OR OTHER WRITING OR DOCUMENT OR ENGAGE IN THE PRACTICE OF
CHIROPRACTIC UNDER AND BY VIRTUE OF SUCH FRAUDULENT LICENSE, 1,932
CERTIFICATE, DIPLOMA, DEGREE, OR OTHER WRITING OR DOCUMENT. 1,933
(B) A PERSON WHO HAS RETIRED FROM THE PRACTICE OF 1,935
CHIROPRACTIC IN GOOD STANDING AND DOES NOT MAINTAIN A CURRENT, 1,937
VALID LICENSE FROM THE BOARD MAY CONTINUE TO CLAIM TO BE A 1,938
44
CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC PHYSICIAN, 1,939
OR USE THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME, 1,941
IF THE PERSON DOES NOT ENGAGE IN THE PRACTICE OF CHIROPRACTIC OR 1,942
OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT. 1,943
A PERSON WHOSE LICENSE HAS BEEN CLASSIFIED AS INACTIVE 1,945
PURSUANT TO SECTION 4734.26 OF THE REVISED CODE MAY CONTINUE TO 1,947
CLAIM TO BE A CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR 1,948
CHIROPRACTIC PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION 1,949
WITH THE PERSON'S NAME, IF THE PERSON DOES NOT ENGAGE IN THE 1,951
PRACTICE OF CHIROPRACTIC OR OTHERWISE VIOLATE THIS CHAPTER OR THE 1,952
RULES ADOPTED UNDER IT.
(C) IN ANY PROCEEDING FOR A VIOLATION OF THIS SECTION 1,954
BROUGHT AGAINST A PERSON WHO IS NOT LICENSED UNDER THIS CHAPTER 1,955
BUT IS A GRADUATE OF A CHIROPRACTIC COLLEGE APPROVED UNDER 1,956
SECTION 4734.21 OF THE REVISED CODE, IT SHALL BE AN AFFIRMATIVE 1,957
DEFENSE THAT THE PERSON IS PERMITTED TO USE THE TERM "DOCTOR" OR 1,959
THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME, BUT 1,960
ONLY TO THE EXTENT THAT THE PERSON DOES NOT INDICATE OR ACT IN A 1,961
MANNER IMPLYING THAT THE PERSON IS LICENSED UNDER THIS CHAPTER OR 1,962
OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT. 1,964
(D) A certificate DOCUMENT that is signed by the secretary 1,967
PRESIDENT OR EXECUTIVE DIRECTOR of the board and that has affixed 1,968
the official seal of the board to the effect that it appears from 1,969
the records of the board that a certificate LICENSE to practice 1,970
chiropractic in the THIS state has not been issued to a 1,973
particular person, or that a certificate LICENSE, if issued, has 1,974
been revoked or suspended, shall be received as prima-facie 1,975
evidence of the record of the board in any court or before any 1,977
officer of the state. 1,978
Sec. 4734.09 4734.15. (A) The license provided for in 1,988
this chapter shall entitle the holder thereof to practice 1,989
chiropractic in this state. For the purpose of this chapter 1,990
"practice of chiropractic" or "practice as a chiropractor" means 1,991
utilization of the relationship between the musculo-skeletal 1,992
45
structures of the body, the spinal column and the nervous system, 1,993
in the restoration and maintenance of health, in connection with 1,994
which patient care is conducted with due regard for first aid, 1,995
hygienic, nutritional, and rehabilitative procedures and the 1,996
specific vertebral adjustment and manipulation of the 1,997
articulations and adjacent tissues of the body. The ALL OF THE 1,998
FOLLOWING APPLY TO THE PRACTICE OF CHIROPRACTIC IN THIS STATE: 1,999
(1) A chiropractor is authorized to examine, diagnose, and 2,002
assume responsibility for the care of patients. 2,003
The, ANY OR ALL OF WHICH IS INCLUDED IN THE PRACTICE OF 2,005
CHIROPRACTIC. 2,006
(2) THE practice of chiropractic does not permit the 2,008
chiropractor to treat infectious, contagious, or venereal 2,009
disease, to perform surgery or acupuncture, or to prescribe or 2,010
administer drugs for treatment, and. 2,011
(3) A CHIROPRACTOR MAY USE roentgen rays shall be used 2,013
only for diagnostic purposes. The 2,014
(4) THE practice of chiropractic does not include the 2,017
performance of abortions.
(B) An individual holding a valid, current certificate of 2,019
registration LICENSE to practice chiropractic is entitled to use 2,020
the title "doctor," or "doctor of chiropractic," "CHIROPRACTIC 2,023
PHYSICIAN," OR "CHIROPRACTOR" and is a "physician" for the 2,025
purposes of Chapter 4123. of the Revised Code, and the MEDICAID 2,026
program established under section 5111.01 OPERATED PURSUANT TO 2,027
CHAPTER 5111. of the Revised Code.
Sec. 4734.16. THE STATE CHIROPRACTIC BOARD MAY ESTABLISH A 2,029
CODE OF ETHICS THAT APPLIES TO CHIROPRACTORS AND THEIR PRACTICE 2,030
OF CHIROPRACTIC IN THIS STATE. THE BOARD MAY ESTABLISH THE CODE 2,031
OF ETHICS BY CREATING ITS OWN CODE OF ETHICS OR BY ADOPTING A 2,032
CODE OF ETHICS CREATED BY A STATE OR FEDERAL ORGANIZATION THAT 2,033
REPRESENTS THE INTERESTS OF CHIROPRACTORS. IF A CODE OF ETHICS 2,034
IS ESTABLISHED, THE BOARD SHALL MAINTAIN CURRENT COPIES OF THE 2,035
CODE OF ETHICS FOR DISTRIBUTION ON REQUEST. 2,036
46
Sec. 4734.23 4734.161. No chiropractor shall do either of 2,045
the following: 2,046
(A) Furnish a person with a prescription in order to 2,048
enable the person to be issued a removable windshield placard, 2,050
temporary removable windshield placard, or license plates under 2,051
section 4503.44 of the Revised Code, knowing that the person does 2,052
not meet any of the criteria contained in division (A)(1) of that 2,053
section;
(B) Furnish a person with a prescription described in 2,055
division (A) of this section and knowingly misstate on the 2,057
prescription the length of time the chiropractor expects the
person to have the disability that limits or impairs the person's 2,059
ability to walk in order to enable the person to retain a placard 2,061
issued under section 4503.44 of the Revised Code for a period of 2,062
time longer than that which would be estimated by a similar 2,064
practitioner under the same or similar circumstances. 2,065
Sec. 4734.162. A CHIROPRACTOR SHALL FOLLOW THE GUIDELINES 2,067
OR LIMITS ESTABLISHED IN RULES ADOPTED UNDER THIS SECTION BY THE 2,068
STATE CHIROPRACTIC BOARD WHEN THE CHIROPRACTOR SOLICITS AS A 2,069
CHIROPRACTIC PATIENT ANY VICTIM OR RELATIVE OF A VICTIM OF AN 2,070
ACCIDENT, DISASTER, OR OTHER INCIDENT. THE BOARD SHALL ADOPT 2,071
RULES AS IT CONSIDERS NECESSARY TO IMPLEMENT THIS SECTION. THE 2,072
RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE 2,073
REVISED CODE. 2,074
Sec. 4734.091 4734.17. (A) An individual whom the STATE 2,084
chiropractic examining board licenses, certificates, or otherwise 2,085
legally authorizes to engage in the practice of chiropractic may 2,087
render the professional services of a chiropractor within this 2,088
state through a corporation formed under division (B) of section 2,089
1701.03 of the Revised Code, a limited liability company formed
under Chapter 1705. of the Revised Code, a partnership, or a 2,091
professional association formed under Chapter 1785. of the 2,093
Revised Code. This division does not preclude an individual of 2,095
that nature A CHIROPRACTOR from rendering professional services 2,096
47
as a chiropractor through another form of business entity, 2,098
including, but not limited to, a nonprofit corporation or 2,099
foundation, or in another manner that is authorized by or in 2,100
accordance with this chapter, another chapter of the Revised 2,101
Code, or rules of the STATE chiropractic examining board adopted 2,102
pursuant to this chapter.
(B) A corporation, limited liability company, partnership, 2,104
or professional association described in division (A) of this 2,105
section may be formed for the purpose of providing a combination 2,106
of the professional services of the following individuals who are 2,107
licensed, certificated, or otherwise legally authorized to 2,109
practice their respective professions:
(1) Optometrists who are authorized to practice optometry, 2,111
under Chapter 4725. of the Revised Code; 2,112
(2) Chiropractors who are authorized to practice 2,114
chiropractic under this chapter; 2,115
(3) Psychologists who are authorized to practice 2,117
psychology under Chapter 4732. of the Revised Code; 2,118
(4) Registered or licensed practical nurses who are 2,120
authorized to practice nursing as registered nurses or as 2,121
licensed practical nurses under Chapter 4723. of the Revised 2,123
Code;
(5) Pharmacists who are authorized to practice pharmacy 2,126
under Chapter 4729. of the Revised Code; 2,129
(6) Physical therapists who are authorized to practice 2,131
physical therapy under sections 4755.40 to 4755.53 of the Revised 2,133
Code; 2,134
(7) Mechanotherapists who are authorized to practice 2,136
mechanotherapy under section 4731.151 of the Revised Code; 2,139
(8) Doctors of medicine and surgery, osteopathic medicine 2,142
and surgery, or podiatric medicine and surgery who are authorized 2,143
for their respective practices under Chapter 4731. of the Revised 2,144
Code.
This division shall apply notwithstanding a provision of a 2,146
48
ANY code of ethics described in division (A)(9) of ESTABLISHED OR 2,148
ADOPTED UNDER section 4734.10 4734.16 of the Revised Code that 2,149
prohibits an individual from engaging in the practice of 2,151
chiropractic in combination with a person AN INDIVIDUAL who is 2,152
licensed, certificated, or otherwise authorized for the practice 2,153
of optometry, psychology, nursing, pharmacy, physical therapy, 2,154
mechanotherapy, medicine and surgery, osteopathic medicine and 2,155
surgery, or podiatric medicine and surgery, but who is not also 2,157
licensed, certificated, or otherwise legally authorized UNDER 2,158
THIS CHAPTER to engage in the practice of chiropractic. 2,159
Sec. 4734.18. A CHIROPRACTOR SHALL FOLLOW THE GUIDELINES 2,161
OR LIMITS ESTABLISHED IN RULES ADOPTED UNDER THIS SECTION BY THE 2,162
STATE CHIROPRACTIC BOARD WHEN THE CHIROPRACTOR ENGAGES IN ANY 2,163
ACTIVITY THAT INVOLVES OFFERING AN OPINION OR RECOMMENDATION 2,164
REGARDING THE BILLING, CARE, OR TREATMENT THAT IS BEING OR HAS 2,165
BEEN PROVIDED TO A CHIROPRACTIC PATIENT BY ANOTHER CHIROPRACTOR. 2,166
THE BOARD SHALL ADOPT RULES AS IT CONSIDERS NECESSARY TO 2,167
IMPLEMENT THIS SECTION. THE RULES SHALL BE ADOPTED IN ACCORDANCE 2,168
WITH CHAPTER 119. OF THE REVISED CODE. 2,169
Sec. 4734.19. A CHIROPRACTOR SHALL RETAIN AT THE 2,171
CHIROPRACTOR'S PRIMARY PRACTICE LOCATION A CURRENT COPY OF THE 2,172
STATUTES AND RULES GOVERNING THE PRACTICE OF CHIROPRACTIC IN THIS 2,173
STATE.
Sec. 4734.05 4734.20. Each (A) EXCEPT FOR PERSONS SEEKING 2,183
TO PRACTICE CHIROPRACTIC UNDER A SPECIAL LIMITED LICENSE ISSUED 2,184
PURSUANT TO SECTION 4734.27 OF THE REVISED CODE, EACH person 2,188
wishing SEEKING to practice chiropractic and be approved for 2,189
examination for licensure in the THIS state shall make written 2,191
application APPLY IN WRITING TO THE STATE CHIROPRACTIC BOARD FOR 2,192
A LICENSE TO PRACTICE CHIROPRACTIC. THE APPLICATION SHALL BE
MADE under oath, on a form prescribed by the board, to the 2,195
chiropractic examining board, such application to AND SHALL be 2,197
accompanied by a fee of two hundred fifty dollars. The board
shall issue licenses semiannually upon 2,198
49
(B) EXCEPT AS PROVIDED IN SECTIONS 4734.23 AND 4734.24 OF 2,201
THE REVISED CODE, TO RECEIVE A CHIROPRACTIC LICENSE, AN APPLICANT 2,202
MUST MEET the following conditions:
(A)(1) The applicant shows to the satisfaction of the 2,204
board that he is MUST BE at least twenty-one years of age, is BE 2,207
of good moral character, and possesses POSSESS a high school 2,209
education or its equivalent; 2,210
(B) The. 2,212
(2) THE APPLICANT MUST HAVE SUCCESSFULLY COMPLETED, PRIOR 2,214
TO MATRICULATION AT A SCHOOL OR COLLEGE OF CHIROPRACTIC, AT LEAST 2,215
TWO YEARS OF COLLEGE CREDIT IN THE ARTS AND SCIENCES AT A COLLEGE 2,217
OR UNIVERSITY ACCREDITED BY A STATE OR REGIONAL ACCREDITING 2,218
ORGANIZATION RECOGNIZED BY THE BOARD, EXCEPT THAT THE BOARD MAY
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 2,220
THAT REQUIRE COMPLETION OF ADDITIONAL YEARS OF COLLEGE CREDIT OR 2,221
RECEIPT OF A COLLEGE DEGREE IN AN AREA SPECIFIED IN THE RULES. 2,222
(3) THE applicant is MUST BE a graduate of an approved AND 2,225
HOLD THE DEGREE OF DOCTOR OF CHIROPRACTIC FROM A school or 2,226
college of chiropractic approved by the board, requiring for 2,228
graduation a course of study of not less than four thousand class 2,229
hours of forty-five minutes per class hour; 2,230
(C) The applicant passes a written examination before the 2,232
board and to its satisfaction in the following subjects with an 2,233
average passing grade of not less than seventy-five per cent: 2,234
(1) Principles and practice of chiropractic; 2,236
(2) Anatomy; 2,238
(3) Physiology; 2,240
(4) Chemistry; 2,242
(5) Pathology; 2,244
(6) Bacteriology; 2,246
(7) Diagnosis; 2,248
(8) Hygiene; 2,250
(9) Such additional subjects as the board considers 2,252
appropriate. 2,253
50
Examinations shall be conducted in the city of Columbus in 2,255
February and August of each year to determine the professional 2,256
qualifications of applicants for registration as chiropractors 2,257
UNDER SECTION 4734.21 OF THE REVISED CODE. 2,258
(4) THE APPLICANT MUST HAVE RECEIVED ONE OF THE FOLLOWING 2,261
FROM THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS, AS APPROPRIATE 2,262
ACCORDING TO THE DATE OF THE APPLICANT'S GRADUATION FROM A SCHOOL 2,263
OR COLLEGE OF CHIROPRACTIC: 2,264
(a) IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1, 2,267
1970, BUT BEFORE JANUARY 1, 1989, A "DIPLOMATE CERTIFICATE" OR 2,269
"CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS I AND II 2,271
AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL BOARD'S 2,272
EXAMINATIONS;
(b) IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1, 2,275
1989, BUT BEFORE JANUARY 1, 2000, A "CERTIFICATE OF ATTAINMENT" 2,277
EVIDENCING PASSAGE OF PARTS I, II, AND III AND THE PHYSIOTHERAPY 2,280
SECTION OF THE NATIONAL BOARD'S EXAMINATIONS; 2,281
(c) IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1, 2,284
2000, A "CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS 2,286
I, II, III, AND IV AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL 2,290
BOARD'S EXAMINATIONS.
(5) THE APPLICANT MUST HAVE PASSED THE BOARD'S 2,292
JURISPRUDENCE EXAMINATION CONDUCTED UNDER SECTION 4734.22 OF THE 2,293
REVISED CODE. 2,295
(C) THE BOARD SHALL ISSUE A LICENSE TO PRACTICE 2,298
CHIROPRACTIC TO EACH APPLICANT WHO FILES A COMPLETE APPLICATION, 2,299
PAYS ALL APPLICABLE FEES, AND MEETS THE CONDITIONS SPECIFIED IN 2,300
DIVISION (B) OF THIS SECTION. THE BURDEN OF PROOF IS ON THE 2,302
APPLICANT, TO PROVE BY CLEAR AND CONVINCING EVIDENCE TO THE 2,303
BOARD, THAT THE APPLICANT MEETS THE CONDITIONS FOR RECEIPT OF THE 2,304
LICENSE.
THE BOARD MAY CONDUCT ANY INVESTIGATION IT CONSIDERS 2,306
APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL 2,307
CHARACTER, AND FITNESS TO RECEIVE A LICENSE. IN CONDUCTING AN 2,308
51
INVESTIGATION, THE BOARD MAY REQUEST INFORMATION FROM THE RECORDS 2,310
MAINTAINED BY THE FEDERAL BUREAU OF INVESTIGATION, THE BUREAU OF 2,311
CRIMINAL IDENTIFICATION AND INVESTIGATION, AND ANY OTHER 2,312
REPOSITORIES OF CRIMINAL RECORDS HELD IN THIS OR ANOTHER STATE.
THE BOARD MAY CHARGE THE APPLICANT A FEE FOR CONDUCTING THE 2,313
INVESTIGATION. THE AMOUNT OF THE FEE SHALL NOT EXCEED THE 2,315
EXPENSES THE BOARD INCURS IN CONDUCTING THE INVESTIGATION AND MAY 2,316
INCLUDE ANY FEES THAT MUST BE PAID TO OBTAIN INFORMATION IN THE 2,317
CRIMINAL RECORD.
Sec. 4734.201. AS USED IN DIVISION (B) OF SECTION 4734.20 2,319
OF THE REVISED CODE, "PHYSIOTHERAPY" IS A REFERENCE TO A 2,320
PARTICULAR SECTION OF THE EXAMINATION OFFERED BY THE NATIONAL 2,321
BOARD OF CHIROPRACTIC EXAMINERS AND DOES NOT MEAN "PHYSIOTHERAPY" 2,322
AS THAT TERM IS USED IN RELATION TO THE PRACTICE OF PHYSICAL 2,323
THERAPY PURSUANT TO SECTIONS 4755.40 TO 4755.56 OF THE REVISED 2,325
CODE.
Sec. 4734.21. THE STATE CHIROPRACTIC BOARD SHALL EVALUATE 2,327
SCHOOLS AND COLLEGES OF CHIROPRACTIC AND APPROVE THOSE 2,328
INSTITUTIONS THAT IT DETERMINES ARE CAPABLE OF ADEQUATELY 2,329
TRAINING INDIVIDUALS FOR THE PRACTICE OF CHIROPRACTIC IN THIS 2,330
STATE, EXCEPT THAT IN APPROPRIATE CASES, THE BOARD MAY ACCEPT THE 2,332
APPROVAL OF AN INSTITUTION THAT HAS BEEN MADE PURSUANT TO AN
EVALUATION CONDUCTED BY THE COUNCIL ON CHIROPRACTIC EDUCATION OR 2,333
ANOTHER ENTITY ACCEPTABLE TO THE BOARD. 2,334
WHEN DETERMINING IF A SCHOOL OR COLLEGE OF CHIROPRACTIC 2,336
SHOULD RECEIVE THE BOARD'S APPROVAL OR CONTINUE TO BE APPROVED, 2,337
THE BOARD MAY MAKE ON-SITE INSPECTIONS, REVIEWS, AND INQUIRIES AS 2,339
IT CONSIDERS NECESSARY. THE BOARD MAY CHARGE A SCHOOL OR COLLEGE 2,340
OF CHIROPRACTIC A FEE TO COVER THE REASONABLE COSTS INCURRED BY 2,341
THE BOARD IN CONDUCTING ANY INSPECTION, REVIEW, OR INQUIRY 2,342
RELATED TO THE APPROVAL OF THE SCHOOL OR COLLEGE.
THE BOARD SHALL MAINTAIN A LIST OF SCHOOLS AND COLLEGES OF 2,344
CHIROPRACTIC APPROVED UNDER THIS SECTION. ON REQUEST, THE BOARD 2,345
SHALL PROVIDE A COPY OF THE LIST TO THE PERSON MAKING THE 2,346
52
REQUEST.
Sec. 4734.22. THE STATE CHIROPRACTIC BOARD OR ITS 2,348
REPRESENTATIVE SHALL ADMINISTER AN EXAMINATION ON JURISPRUDENCE, 2,349
AS IT RELATES TO THE PRACTICE OF CHIROPRACTIC, FOR INDIVIDUALS 2,350
WHO APPLY TO BE LICENSED UNDER THIS CHAPTER. THE EXAMINATION 2,352
SHALL COVER THE PROVISIONS OF THE STATUTES AND RULES GOVERNING 2,353
THE PRACTICE OF CHIROPRACTIC IN THIS STATE AND OTHER LEGAL TOPICS 2,354
CONSIDERED APPROPRIATE BY THE BOARD. THE EXAMINATION SHALL BE 2,355
OFFERED AT TIMES AND PLACES SELECTED BY THE BOARD AND SHALL BE 2,356
ADMINISTERED IN THE MANNER SPECIFIED BY THE BOARD. THE BOARD 2,357
SHALL DETERMINE THE SCORE THAT CONSTITUTES EVIDENCE OF PASSING 2,359
THE EXAMINATION.
Sec. 4734.06 4734.23. Any applicant who was not enrolled 2,368
and in attendance at a school or college of chiropractic approved 2,370
by the chiropractic examining board on November 3, 1975, shall, 2,371
in addition to the requirements of section 4734.05 of the Revised 2,372
Code, be required to furnish evidence to the board of 2,373
satisfactorily completing two or more years of college 2,374
accreditation in the arts and sciences in a college accredited by 2,375
a state or regional association board or commission responsible 2,376
for the accreditation and approval of secondary schools and 2,377
colleges. 2,378
The (A) A PERSON LICENSED BY ANOTHER STATE OR COUNTRY IN 2,380
THE PRACTICE OF CHIROPRACTIC MAY APPLY UNDER THIS SECTION FOR A 2,381
LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE IN LIEU OF 2,382
APPLYING UNDER SECTION 4734.20 OF THE REVISED CODE. THE FEE FOR 2,383
APPLYING UNDER THIS SECTION SHALL BE FIVE HUNDRED DOLLARS.
(B) THE STATE CHIROPRACTIC board may, without the 2,385
examination required FOR GOOD CAUSE, WAIVE ALL OR PART OF THE 2,387
EDUCATIONAL AND TESTING REQUIREMENTS SPECIFIED under section 2,390
4734.05 4734.20 of the Revised Code, AND issue a license to an 2,391
applicant UNDER THIS SECTION, if he THE APPLICANT presents 2,393
satisfactory proof of the possession of a license or certificate 2,395
of registration which has been issued to the applicant within 2,396
53
BEING LICENSED TO PRACTICE CHIROPRACTIC IN another state, or 2,397
within any foreign country, or if issued a certificate by the 2,398
national board of chiropractic examiners, where the requirements 2,399
for RECEIPT OF the registration or certification of the applicant 2,400
at LICENSE, ON the date of his THE license WAS ISSUED, are 2,403
considered by the chiropractic examining board to be 2,404
substantially equivalent to those of this chapter. The fee for 2,405
each such license shall be two hundred fifty dollars APPLICANT 2,407
MUST MEET THE SAME AGE AND MORAL CHARACTER REQUIREMENTS THAT MUST 2,408
BE MET UNDER SECTION 4734.20 OF THE REVISED CODE. IF THE BOARD 2,409
DOES NOT WAIVE ALL OF THE EDUCATIONAL AND TESTING REQUIREMENTS, 2,410
THE BOARD MAY REQUIRE THAT THE APPLICANT COMPLETE AND RECEIVE A 2,411
SCORE SPECIFIED BY THE BOARD ON ONE OR MORE TESTS ADMINISTERED BY 2,414
THE BOARD OR BY THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS OR 2,415
ANOTHER TESTING ENTITY. 2,416
Sec. 4734.19 4734.24. Any person who is WAS actively 2,426
engaged in the practice of chiropractic in this state on the 2,427
effective date of this section NOVEMBER 3, 1975, who, on that 2,428
date, holds HELD a valid, current certificate issued by the state 2,430
medical board under THE FORMER PROVISIONS OF Chapter 4731. of the 2,431
Revised Code authorizing him THE PERSON to practice chiropractic, 2,434
is deemed to possess the requisite educational and professional
qualifications to practice chiropractic in this state. 2,435
Sec. 4734.07 4734.25. Every person who receives a A 2,445
license to practice chiropractic from the STATE chiropractic 2,446
examining board shall thereafter apply to the board for renewal 2,448
EXPIRES ANNUALLY ON THE FIRST DAY OF JANUARY AND MAY BE RENEWED. 2,449
THE RENEWAL PROCESS SHALL BE CONDUCTED in accordance with section 2,451
4745.02 THE STANDARD RENEWAL PROCEDURES OF CHAPTER 4745. of the 2,452
Revised Code, EXCEPT THAT THE BOARD'S EXECUTIVE DIRECTOR SHALL 2,453
NOTIFY EACH LICENSE HOLDER OF THE LICENSE RENEWAL REQUIREMENTS OF 2,454
THIS SECTION NOT LATER THAN SIXTY DAYS PRIOR TO THE LICENSE'S 2,455
EXPIRATION DATE. AT THE TIME APPLICATION FOR RENEWAL IS MADE,
THE APPLICANT SHALL PROVIDE ALL INFORMATION REQUESTED BY THE 2,456
54
BOARD and pay a renewal fee of two hundred fifty dollars on or 2,459
before the first day of January of each succeeding year. Before 2,460
BEFORE a renewal of license is issued by the board, each 2,463
THE licensee shall furnish the board with satisfactory evidence 2,464
that the licensee has attended COMPLETED DURING THE CURRENT 2,465
LICENSING PERIOD not less than one two-day educational program 2,466
conducted in Ohio by the Ohio state chiropractic association or 2,467
the equivalent of such educational program held in the state as 2,468
approved by the board THE NUMBER OF HOURS OF CONTINUING EDUCATION 2,469
THAT THE BOARD REQUIRES IN RULES ADOPTED UNDER THIS SECTION. FOR 2,470
AN ACTIVITY TO BE APPLIED TOWARD THE CONTINUING EDUCATION 2,471
REQUIREMENT, THE ACTIVITY MUST MEET THE BOARD'S APPROVAL AS A 2,472
CONTINUING EDUCATION ACTIVITY, AS SPECIFIED IN RULES ADOPTED 2,473
UNDER THIS SECTION. Any exception from the CONTINUING EDUCATION 2,474
requirement for attendance at such educational programs may MUST 2,476
be approved by the board. The secretary of the board shall, at 2,478
least sixty days prior to the first day of January of each year, 2,479
notify each licensee, at the licensee's last known address, of 2,480
the provisions of this section. Failure
FAILURE of a licensee to comply with this section, and 2,484
INCLUDING failure to pay the renewal fee on or before the first 2,486
day of January of each succeeding year, shall operate as a AN 2,487
AUTOMATIC forfeiture of the right of the licensee to practice the 2,489
licensee's profession CHIROPRACTIC in this state. The licensee A 2,491
FORFEITED LICENSE may be reinstated by the board upon payment of 2,493
all fees due and a penalty fee of one hundred fifty dollars for
reinstatement, in addition to satisfying the board of compliance 2,495
HAVING COMPLIED with the educational CONTINUING EDUCATION 2,497
requirements under OF this section. IF AN INDIVIDUAL'S LICENSE 2,498
HAS BEEN FORFEITED FOR TWO OR MORE YEARS, THE BOARD MAY ALSO 2,500
REQUIRE AS A CONDITION OF REINSTATEMENT THAT THE INDIVIDUAL 2,501
COMPLETE TRAINING OR TESTING AS SPECIFIED BY THE BOARD. 2,502
THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY TO 2,504
IMPLEMENT THIS SECTION, INCLUDING STANDARDS FOR APPROVAL OF 2,505
55
CONTINUING EDUCATION IN THE PRACTICE OF CHIROPRACTIC. ALL RULES 2,506
ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN ACCORDANCE WITH 2,508
CHAPTER 119. OF THE REVISED CODE.
Sec. 4734.26. (A) EXCEPT WHEN THE INDIVIDUAL IS THE 2,510
SUBJECT OF AN ACTION UNDER SECTION 4734.31 OF THE REVISED CODE, 2,511
AN INDIVIDUAL LICENSED UNDER THIS CHAPTER WHO INTENDS NOT TO 2,513
PRACTICE IN THIS STATE FOR AN EXTENDED PERIOD MAY SEND TO THE 2,514
STATE CHIROPRACTIC BOARD WRITTEN NOTICE TO THAT EFFECT ON OR 2,516
BEFORE THE LICENSE RENEWAL DATE, AND THE BOARD SHALL CLASSIFY THE 2,517
LICENSE AS INACTIVE. DURING THE PERIOD THAT THE LICENSE IS 2,518
CLASSIFIED AS INACTIVE, THE INDIVIDUAL MAY NOT ENGAGE IN THE 2,519
PRACTICE OF CHIROPRACTIC IN THIS STATE OR MAKE ANY REPRESENTATION 2,520
TO THE PUBLIC INDICATING THAT THE PERSON IS ACTIVELY LICENSED
UNDER THIS CHAPTER. AN INDIVIDUAL WHOSE LICENSE IS CLASSIFIED AS 2,521
INACTIVE IS NOT REQUIRED TO PAY THE A LICENSE RENEWAL FEE FOR THE 2,523
LICENSE.
(B) THE HOLDER OF AN INACTIVE LICENSE MAY APPLY TO THE 2,525
BOARD TO HAVE THE LICENSE RESTORED. THE BOARD SHALL CONSIDER THE 2,528
MORAL CHARACTER AND THE ACTIVITIES OF THE APPLICANT DURING THE 2,529
INACTIVE LICENSE PERIOD, IN ACCORDANCE WITH THE STANDARDS FOR 2,530
ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION 4734.20 OF THE 2,531
REVISED CODE. THE BOARD MAY IMPOSE TERMS AND CONDITIONS ON 2,533
RESTORATION OF THE LICENSE BY DOING ANY OF THE FOLLOWING: 2,534
(1) REQUIRING THE APPLICANT TO OBTAIN TRAINING, WHICH MAY 2,536
INCLUDE REQUIRING THE APPLICANT TO PASS AN EXAMINATION UPON 2,539
COMPLETION OF THE TRAINING; 2,540
(2) REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN 2,542
EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE; 2,543
(3) RESTRICTING OR LIMITING THE EXTENT, SCOPE, OR TYPE OF 2,545
PRACTICE OF THE APPLICANT. 2,547
Sec. 4734.27. (A) TO THE EXTENT IT IS IN THE PUBLIC 2,550
INTEREST, THE STATE CHIROPRACTIC BOARD MAY ISSUE, WITHOUT 2,551
EXAMINATION, A SPECIAL LIMITED LICENSE TO PRACTICE CHIROPRACTIC 2,552
AS FOLLOWS:
56
(1) TO A PERSON WHO IS SEEKING TO PARTICIPATE IN AN 2,554
INTERNSHIP, RESIDENCY, PRECEPTORSHIP, OR CLINICAL FELLOWSHIP IN 2,555
THIS STATE IN PREPARATION FOR THE PRACTICE OF CHIROPRACTIC; 2,557
(2) TO A PERSON WHO PLANS TO PROVIDE CHIROPRACTIC SERVICES 2,560
IN CONNECTION WITH A SPECIAL ACTIVITY, PROGRAM, OR EVENT 2,561
CONDUCTED IN THIS STATE, IF THE PERSON HOLDS A CURRENT, VALID,
AND UNRESTRICTED LICENSE TO PRACTICE CHIROPRACTIC IN ANOTHER 2,562
STATE OR COUNTRY; 2,563
(3) TO A PERSON WHO PREVIOUSLY HELD AN UNRESTRICTED 2,565
LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE WHO PLANS TO OFFER 2,567
GRATUITOUS CHIROPRACTIC SERVICES AS A VOLUNTARY PUBLIC SERVICE; 2,568
(4) TO ANY OTHER PERSON FOR ANY OTHER REASON SPECIFIED AS 2,570
GOOD CAUSE BY THE BOARD IN RULES ADOPTED UNDER THIS SECTION. 2,572
(B) AN APPLICANT FOR A SPECIAL LIMITED LICENSE SHALL 2,575
SUBMIT TO THE BOARD A COMPLETE APPLICATION ON A FORM PRESCRIBED 2,576
BY THE BOARD, PAY AN APPLICATION FEE OF SEVENTY-FIVE DOLLARS, AND 2,577
FURNISH PROOF SATISFACTORY TO THE BOARD OF BEING AT LEAST 2,578
TWENTY-ONE YEARS OF AGE, OF GOOD MORAL CHARACTER, AND OF EITHER 2,579
HOLDING THE DEGREE OF DOCTOR OF CHIROPRACTIC OR BEING ENROLLED IN 2,580
A PROGRAM LEADING TO THE DEGREE. THE INSTITUTION FROM WHICH THE 2,581
APPLICANT RECEIVED THE DEGREE OR IN WHICH THE APPLICANT IS 2,582
ENROLLED MUST BE A SCHOOL OR COLLEGE THAT IS APPROVED BY THE 2,584
BOARD UNDER SECTION 4734.21 OF THE REVISED CODE.
(C) THE PROVISIONS OF THIS CHAPTER THAT APPLY TO 2,587
APPLICANTS FOR AND HOLDERS OF LICENSES TO PRACTICE CHIROPRACTIC 2,588
SHALL APPLY TO APPLICANTS FOR AND HOLDERS OF SPECIAL LIMITED 2,589
LICENSES TO THE EXTENT THE BOARD CONSIDERS APPROPRIATE, INCLUDING 2,590
THE BOARD'S AUTHORITY TO CONDUCT ANY INVESTIGATION IT CONSIDERS 2,591
APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL 2,592
CHARACTER, AND FITNESS TO RECEIVE A LICENSE AND THE BOARD'S 2,593
AUTHORITY TO TAKE ACTIONS UNDER SECTION 4734.31 OF THE REVISED 2,594
CODE.
(D) THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY 2,597
TO IMPLEMENT THIS SECTION. ALL RULES ADOPTED UNDER THIS SECTION 2,598
57
SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 2,601
CODE.
Sec. 4734.10 4734.31. (A) The STATE chiropractic 2,612
examining board may refuse, revoke, or suspend TAKE ANY OF THE 2,614
FOLLOWING ACTIONS AGAINST AN INDIVIDUAL WHO HAS APPLIED FOR OR 2,616
HOLDS A LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE: 2,617
(1) REFUSE TO ISSUE, RENEW, RESTORE, OR REINSTATE A 2,620
LICENSE TO PRACTICE CHIROPRACTIC;
(2) REPRIMAND OR CENSURE A LICENSE HOLDER; 2,623
(3) PLACE LIMITS, RESTRICTIONS, OR PROBATIONARY CONDITIONS 2,626
ON A LICENSE HOLDER'S PRACTICE;
(4) IMPOSE A CIVIL FINE OF NOT MORE THAN FIVE THOUSAND 2,629
DOLLARS PER VIOLATION; 2,630
(5) SUSPEND A LICENSE for a limited OR INDEFINITE period, 2,632
the license of an applicant for licensure to practice 2,634
chiropractic or of a licensed chiropractor; 2,635
(6) REVOKE A LICENSE; 2,637
(7) DISCIPLINE OR RESTRICT AN APPLICANT FOR A LICENSE OR A 2,640
LICENSE HOLDER IN ANY OTHER MANNER.
(B) THE BOARD MAY SPECIFY THAT ANY ACTION IT TAKES UNDER 2,642
DIVISION (A) OF THIS SECTION IS A PERMANENT ACTION. FAILURE BY 2,644
AN INDIVIDUAL TO RENEW A LICENSE DOES NOT REMOVE OR LIMIT THE 2,645
BOARD'S JURISDICTION TO TAKE ACTION AGAINST THE INDIVIDUAL. 2,646
(C) THE BOARD MAY TAKE THE ACTIONS SPECIFIED IN DIVISION 2,649
(A) OF THIS SECTION for any of the following causes REASONS: 2,650
(1) Conviction of A PLEA OF GUILTY TO, A JUDICIAL FINDING 2,653
OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT 2,654
IN LIEU OF CONVICTION FOR, a felony or of a misdemeanor involving 2,656
moral turpitude IN ANY JURISDICTION, in either of which cases 2,658
CASE a certified copy of the court record shall be conclusive 2,659
evidence, upon receipt of which the board shall revoke or suspend 2,660
the license of a chiropractor so convicted OF THE CONVICTION; 2,661
(2) Any COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN 2,664
THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS 2,665
58
COMMITTED;
(3) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 2,667
OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,668
CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE, AS 2,669
DETERMINED BY THE BOARD, IN WHICH CASE A CERTIFIED COPY OF THE 2,670
COURT RECORD SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER; 2,671
(4) COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT 2,673
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 2,674
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 2,675
(5) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 2,677
OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,678
CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF 2,679
PRACTICE, IN WHICH CASE A CERTIFIED COPY OF THE COURT RECORD 2,680
SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER; 2,681
(6) COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT 2,683
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 2,684
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 2,685
(7) ANY DIRECT OR INDIRECT VIOLATION OR ATTEMPTED 2,687
violation of this chapter OR ANY OF THE RULES ADOPTED UNDER IT 2,689
GOVERNING THE PRACTICE OF CHIROPRACTIC; 2,690
(8) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 2,693
THE BOARD, INCLUDING FAILURE TO COMPLY WITH A SUBPOENA OR ORDER 2,694
ISSUED BY THE BOARD OR FAILURE TO ANSWER TRUTHFULLY A QUESTION 2,695
PRESENTED BY THE BOARD AT A DEPOSITION OR IN WRITTEN 2,696
INTERROGATORIES, EXCEPT THAT FAILURE TO COOPERATE WITH AN 2,697
INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR DISCIPLINE UNDER 2,698
THIS SECTION IF THE BOARD OR A COURT OF COMPETENT JURISDICTION 2,699
HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA OR PERMITS THE 2,700
INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE IN ISSUE; 2,701
(9) ENGAGING IN AN ONGOING PROFESSIONAL RELATIONSHIP WITH 2,703
A PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER OR 2,704
THE RULES ADOPTED UNDER IT, UNLESS THE CHIROPRACTOR MAKES A GOOD 2,706
FAITH EFFORT TO HAVE THE PERSON OR ENTITY COMPLY WITH THE
PROVISIONS; 2,707
59
(10) RETALIATING AGAINST A CHIROPRACTOR FOR THE 2,709
CHIROPRACTOR'S REPORTING TO THE BOARD OR ANY OTHER AGENCY WITH 2,710
JURISDICTION ANY VIOLATION OF THE LAW OR FOR COOPERATING WITH THE 2,711
BOARD OF ANOTHER AGENCY IN THE INVESTIGATION OF ANY VIOLATION OF 2,712
THE LAW; 2,713
(11) AIDING, ABETTING, ASSISTING, COUNSELING, OR 2,715
CONSPIRING WITH ANY PERSON IN THAT PERSON'S VIOLATION OF ANY 2,716
PROVISION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT, 2,717
INCLUDING THE PRACTICE OF CHIROPRACTIC WITHOUT A LICENSE, OR 2,718
AIDING, ABETTING, ASSISTING, COUNSELING, OR CONSPIRING WITH ANY 2,719
PERSON IN THAT PERSON'S UNLICENSED PRACTICE OF ANY OTHER HEALTH 2,720
CARE PROFESSION THAT HAS LICENSING REQUIREMENTS; 2,721
(12) WITH RESPECT TO A REPORT OR RECORD THAT IS MADE, 2,724
FILED, OR SIGNED IN CONNECTION WITH THE PRACTICE OF CHIROPRACTIC,
KNOWINGLY MAKING OR FILING A REPORT OR RECORD THAT IS FALSE, 2,725
INTENTIONALLY OR NEGLIGENTLY FAILING TO FILE A REPORT OR RECORD 2,726
REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR WILLFULLY IMPEDING OR 2,727
OBSTRUCTING THE REQUIRED FILING, OR INDUCING ANOTHER PERSON TO 2,728
ENGAGE IN ANY SUCH ACTS; 2,729
(3) Fraud or deceit in procuring admission to practice; 2,731
(4)(13) MAKING A FALSE, FRAUDULENT, OR DECEITFUL STATEMENT 2,733
TO THE BOARD OR ANY AGENT OF THE BOARD; 2,734
(14) ATTEMPTING TO SECURE A LICENSE OR TO CORRUPT THE 2,736
OUTCOME OF AN OFFICIAL BOARD PROCEEDING THROUGH BRIBERY OR ANY 2,737
OTHER IMPROPER MEANS; 2,738
(15) WILLFULLY OBSTRUCTING OR HINDERING THE BOARD OR ANY 2,740
AGENT OF THE BOARD IN THE DISCHARGE OF THE BOARD'S DUTIES; 2,741
(16) Habitually using drugs or intoxicants to the extent 2,743
of rendering the applicant or chiropractor THAT THE PERSON IS 2,744
RENDERED unfit for the practice of chiropractic or for gross 2,747
immorality;
(5) Violation of any rule adopted by the board to govern 2,750
the practice of chiropractic that is consistent with section 2,751
4734.091 of the Revised Code;
60
(6) Being guilty; 2,753
(17) INABILITY TO PRACTICE CHIROPRACTIC ACCORDING TO 2,756
ACCEPTABLE AND PREVAILING STANDARDS OF CARE BY REASON OF CHEMICAL 2,758
DEPENDENCY, MENTAL ILLNESS, OR PHYSICAL ILLNESS, INCLUDING
CONDITIONS IN WHICH PHYSICAL DETERIORATION HAS ADVERSELY AFFECTED 2,760
THE PERSON'S COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS AND
CONDITIONS IN WHICH A CHIROPRACTOR'S CONTINUED PRACTICE MAY POSE 2,762
A DANGER TO THE CHIROPRACTOR OR THE PUBLIC; 2,763
(18) ANY ACT CONSTITUTING GROSS IMMORALITY RELATIVE TO THE 2,765
PERSON'S PRACTICE OF CHIROPRACTIC, INCLUDING ACTS INVOLVING 2,766
SEXUAL ABUSE, SEXUAL MISCONDUCT, OR SEXUAL EXPLOITATION; 2,767
(19) EXPLOITING A PATIENT FOR PERSONAL OR FINANCIAL GAIN; 2,769
(20) FAILING TO MAINTAIN PROPER, ACCURATE, AND LEGIBLE 2,771
RECORDS IN THE ENGLISH LANGUAGE DOCUMENTING EACH PATIENT'S CARE, 2,773
INCLUDING, AS APPROPRIATE, RECORDS OF THE FOLLOWING: DATES OF 2,774
TREATMENT, SERVICES RENDERED, EXAMINATIONS, TESTS, X-RAY REPORTS, 2,775
REFERRALS, AND THE DIAGNOSIS OR CLINICAL IMPRESSION AND CLINICAL 2,776
TREATMENT PLAN PROVIDED TO THE PATIENT;
(21) EXCEPT AS OTHERWISE REQUIRED BY THE BOARD OR BY LAW, 2,778
DISCLOSING PATIENT INFORMATION GAINED DURING THE CHIROPRACTOR'S 2,779
PROFESSIONAL RELATIONSHIP WITH A PATIENT WITHOUT OBTAINING THE 2,781
PATIENT'S AUTHORIZATION FOR THE DISCLOSURE;
(22) COMMISSION of willful and OR gross malpractice, or 2,784
willful or gross neglect, in the practice of chiropractic; 2,785
(7)(23) FAILING TO PERFORM OR NEGLIGENTLY PERFORMING AN 2,787
ACT RECOGNIZED BY THE BOARD AS A GENERAL DUTY OR THE EXERCISE OF 2,789
DUE CARE IN THE PRACTICE OF CHIROPRACTIC, REGARDLESS OF WHETHER 2,790
INJURY RESULTS TO A PATIENT FROM THE FAILURE TO PERFORM OR 2,791
NEGLIGENT PERFORMANCE OF THE ACT; 2,792
(24) ENGAGING IN ANY CONDUCT OR PRACTICE THAT IMPAIRS OR 2,794
MAY IMPAIR THE ABILITY TO PRACTICE CHIROPRACTIC SAFELY AND 2,795
SKILLFULLY; 2,796
(25) PRACTICING, OR CLAIMING TO BE CAPABLE OF PRACTICING, 2,799
BEYOND THE SCOPE OF THE PRACTICE OF CHIROPRACTIC AS ESTABLISHED 2,800
61
UNDER THIS CHAPTER AND THE RULES ADOPTED UNDER THIS CHAPTER;
(26) ACCEPTING AND PERFORMING PROFESSIONAL 2,802
RESPONSIBILITIES AS A CHIROPRACTOR WHEN NOT QUALIFIED TO PERFORM 2,803
THOSE RESPONSIBILITIES, IF THE PERSON KNEW OR HAD REASON TO KNOW 2,804
THAT THE PERSON WAS NOT QUALIFIED TO PERFORM THEM; 2,805
(27) DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES 2,807
OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL WHEN THE 2,809
DELEGATING CHIROPRACTOR KNOWS OR HAD REASON TO KNOW THAT THE 2,810
EMPLOYEE OR OTHER INDIVIDUAL IS NOT QUALIFIED BY TRAINING, 2,811
EXPERIENCE, OR PROFESSIONAL LICENSURE TO PERFORM THE
RESPONSIBILITIES; 2,812
(28) DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES 2,814
OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL IN A 2,815
NEGLIGENT MANNER OR FAILING TO PROVIDE PROPER SUPERVISION OF THE 2,816
EMPLOYEE OR OTHER INDIVIDUAL TO WHOM THE RESPONSIBILITIES ARE 2,817
DELEGATED; 2,818
(29) FAILING TO REFER A PATIENT TO ANOTHER HEALTH CARE 2,820
PRACTITIONER FOR CONSULTATION OR TREATMENT WHEN THE CHIROPRACTOR 2,821
KNOWS OR HAS REASON TO KNOW THAT THE REFERRAL IS IN THE BEST 2,823
INTEREST OF THE PATIENT;
(30) Obtaining OR ATTEMPTING TO OBTAIN any fee OR OTHER 2,826
ADVANTAGE by fraud or misrepresentation; 2,827
(8)(31) MAKING MISLEADING, DECEPTIVE, FALSE, OR FRAUDULENT 2,830
REPRESENTATIONS IN THE PRACTICE OF CHIROPRACTIC;
(32) Being guilty of false, fraudulent, or DECEPTIVE, 2,833
misleading, OR UNPROFESSIONAL advertising or advertising the 2,834
prices for which chiropractic services are available; OTHER 2,836
SOLICITATIONS FOR PATIENTS or having professional connection with 2,837
any individual, firm, or corporation PERSON that advertises 2,839
contrary to division (A)(8) of this section; 2,840
(9) Subject to section 4734.091 of the Revised Code, the 2,842
violation OR SOLICITS FOR PATIENTS IN SUCH A MANNER; 2,843
(33) SOLICITING ANY VICTIM OR RELATIVE OF A VICTIM OF AN 2,845
ACCIDENT, INCIDENT, OR DISASTER WITHOUT COMPLYING WITH THE RULES 2,846
62
PERTAINING TO MAKING SUCH SOLICITATIONS ADOPTED BY THE BOARD 2,847
UNDER SECTION 4734.162 OF THE REVISED CODE; 2,848
(34) OFFERING ANY OPINION OR RECOMMENDATION AS TO THE 2,850
BILLING, CARE, OR TREATMENT OF A CHIROPRACTIC PATIENT, WHEN THE 2,851
OPINION OR RECOMMENDATION IS NOT BASED ON GUIDELINES OR OTHER 2,852
LIMITS RECOGNIZED BY THE BOARD IN RULES ADOPTED UNDER SECTION 2,853
4734.162 OF THE REVISED CODE; 2,854
(35) VIOLATION of any A provision of the ANY code of 2,857
ethics of the American chiropractic association or of another 2,859
national professional organization as determined ESTABLISHED OR 2,860
ADOPTED by rule of the board. The board shall obtain and keep on 2,862
file current copies of the codes of ethics of the national 2,863
organizations. A chiropractor whose certificate is being 2,864
suspended or revoked shall not be found to have violated a code 2,867
of ethics of an organization not appropriate to the 2,868
chiropractor's profession. 2,869
(10) Failure of UNDER SECTION 4734.16 OF THE REVISED CODE; 2,871
(36) FAILING TO MEET the licensing examination 2,873
REQUIREMENTS FOR RECEIPT OF A LICENSE SPECIFIED UNDER SECTION 2,874
4734.20 OF THE REVISED CODE; 2,875
(11)(37) ACTIONS TAKEN FOR ANY REASON, OTHER THAN 2,878
NONPAYMENT OF FEES, BY THE CHIROPRACTIC LICENSING AUTHORITY OF 2,879
ANOTHER STATE OR COUNTRY;
(38) FAILING TO MAINTAIN CLEAN AND SANITARY CONDITIONS AT 2,881
THE CLINIC, OFFICE, OR OTHER PLACE IN WHICH CHIROPRACTIC SERVICES 2,883
ARE PROVIDED;
(39) EXCEPT AS PROVIDED IN DIVISION (G) OF THIS SECTION: 2,886
(a) Waiving the payment of all or any part of a deductible 2,888
or copayment that a patient, pursuant to a health insurance or 2,890
health care policy, contract, or plan that covers the 2,891
chiropractor's services, otherwise would be required to pay if 2,894
the waiver is used as an enticement to a patient or group of
patients to receive health care services from that provider 2,896
CHIROPRACTOR;
63
(12)(b) Advertising that the chiropractor will waive the 2,899
payment of all or any part of a deductible or copayment that a 2,901
patient, pursuant to a health insurance or health care policy, 2,902
contract, or plan that covers the chiropractor's services, 2,903
otherwise would be required to pay. 2,904
(B) For the purpose of investigation of possible 2,906
violations of this section, the board may administer oaths, order 2,907
the taking of depositions, issue subpoenas, and compel the 2,908
attendance of witnesses and the production of books, accounts, 2,909
papers, records, documents, and testimony. 2,910
(C) Notwithstanding divisions (A)(11) and (12) of this 2,912
section, sanctions 2,913
(D) ACTIONS TAKEN BY THE BOARD UNDER DIVISION (A) OF THIS 2,916
SECTION SHALL BE TAKEN PURSUANT TO AN ADJUDICATION UNDER CHAPTER 2,917
119. OF THE REVISED CODE, EXCEPT AS FOLLOWS: 2,918
(1) AN APPLICANT IS NOT ENTITLED TO AN ADJUDICATION FOR 2,920
FAILING TO MEET THE CONDITIONS SPECIFIED UNDER SECTION 4734.20 OF 2,922
THE REVISED CODE FOR RECEIPT OF A LICENSE THAT INVOLVE THE 2,923
BOARD'S EXAMINATION ON JURISPRUDENCE OR THE EXAMINATIONS OF THE 2,924
NATIONAL BOARD OF CHIROPRACTIC EXAMINERS;
(2) A PERSON IS NOT ENTITLED TO AN ADJUDICATION IF THE 2,926
PERSON FAILS TO MAKE A TIMELY REQUEST FOR A HEARING, IN 2,927
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE; 2,928
(3) IN LIEU OF AN ADJUDICATION, THE BOARD MAY ACCEPT THE 2,930
SURRENDER OF A LICENSE FROM A CHIROPRACTOR; 2,931
(4) IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 2,934
CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF 2,935
A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A 2,936
CONSENT AGREEMENT, WHEN RATIFIED BY THE BOARD, SHALL CONSTITUTE 2,938
THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 2,939
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 2,940
CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE 2,941
CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT. 2,942
(E) WHEN THE BOARD TAKES ANY ACTION THAT INVOLVES A 2,945
64
DETERMINATION OF WHETHER A CHIROPRACTOR IS CONFORMING TO 2,946
APPROPRIATE STANDARDS OF CARE IN THE PRACTICE OF CHIROPRACTIC, 2,947
THE BOARD MAY RELY ON THE KNOWLEDGE AND DISCRETION OF ITS MEMBERS 2,948
IN MAKING THE DETERMINATION, NOTWITHSTANDING ANY EXPERT TESTIMONY 2,949
PRESENTED BY THE CHIROPRACTOR THAT CONTRADICTS THE KNOWLEDGE OR 2,950
OPINIONS OF THE MEMBERS OF THE BOARD. 2,951
(F) THE SEALING OF CONVICTION RECORDS BY A COURT SHALL 2,954
HAVE NO EFFECT ON A PRIOR BOARD ACTION TAKEN UNDER THIS SECTION 2,955
OR ON THE BOARD'S JURISDICTION TO TAKE ACTION UNDER THIS SECTION 2,956
IF, BASED ON A PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A 2,957
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,958
CONVICTION, THE BOARD INITIATED AN INVESTIGATION PRIOR TO THE 2,959
COURT'S ORDER TO SEAL THE RECORDS. THE BOARD SHALL NOT BE 2,960
REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS 2,961
RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS. 2,962
(G) ACTIONS shall not be imposed TAKEN PURSUANT TO 2,965
DIVISION (B)(39) OF THIS SECTION against any licensee 2,966
CHIROPRACTOR who waives deductibles and copayments as follows: 2,969
(1) In compliance with the health benefit plan that 2,971
expressly allows a practice of that nature. Waiver of the 2,972
deductibles or copays COPAYMENTS shall be made only with the full 2,974
knowledge and consent of the plan purchaser, payer, and
third-party administrator. Documentation of the consent shall be 2,975
made available to the board upon request. 2,977
(2) For professional services rendered to any other person 2,979
licensed pursuant to this chapter, to the extent allowed by this 2,980
chapter and the rules of the board. 2,981
Sec. 4734.22 4734.311. On receipt of a notice pursuant to 2,990
section 2301.373 of the Revised Code, the STATE chiropractic 2,992
examining board shall comply with that section with respect to a 2,994
license issued pursuant to this chapter.
Sec. 4734.32. (A)(1) EXCEPT AS PROVIDED IN DIVISION 2,997
(A)(2) OF THIS SECTION, IF FORMAL DISCIPLINARY ACTION IS TAKEN 2,998
AGAINST A CHIROPRACTOR BY ANY HEALTH CARE FACILITY, INCLUDING A 2,999
65
CLINIC, HOSPITAL, OR SIMILAR FACILITY, THE CHIEF ADMINISTRATOR OR 3,000
EXECUTIVE OFFICER OF THE FACILITY SHALL FILE A REPORT WITH THE 3,001
STATE CHIROPRACTIC BOARD NOT LATER THAN SIXTY DAYS AFTER THE 3,002
DISCIPLINARY ACTION IS IMPOSED. THE REPORT SHALL INCLUDE THE 3,003
NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE FACILITY, AND A 3,004
SUMMARY OF THE UNDERLYING FACTS LEADING TO THE ACTION TAKEN. ON 3,005
REQUEST, THE BOARD SHALL BE PROVIDED CERTIFIED COPIES OF THE 3,006
PATIENT RECORDS THAT WERE THE BASIS FOR THE FACILITY'S ACTION. 3,008
PRIOR TO RELEASE TO THE BOARD, THE SUMMARY SHALL BE APPROVED BY 3,009
THE PEER REVIEW COMMITTEE THAT REVIEWED THE CASE OR BY THE 3,010
GOVERNING BOARD OF THE FACILITY.
THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO 3,013
FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR
ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A 3,015
HEALTH CARE FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST A 3,016
CHIROPRACTOR.
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR 3,018
ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE 3,019
IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS. 3,020
(2) DISCIPLINARY ACTION TAKEN AGAINST A CHIROPRACTOR BY A 3,022
CHIROPRACTIC CLINIC NEED NOT BE REPORTED TO THE BOARD IN EITHER 3,023
OF THE FOLLOWING CIRCUMSTANCES: 3,024
(a) THE CLINIC TAKES THE DISCIPLINARY ACTION FOR REASONS 3,026
THAT DO NOT INVOLVE CLINICAL OR PATIENT CARE ISSUES; 3,027
(b) THE CLINIC EMPLOYS FEWER THAN FIVE CHIROPRACTORS AND 3,029
THE DISCIPLINARY ACTION TAKEN DOES NOT RISE ABOVE THE LEVEL OF A 3,030
WRITTEN REPRIMAND. 3,031
(B) A CHIROPRACTOR OR PROFESSIONAL ASSOCIATION OR SOCIETY 3,033
OF CHIROPRACTORS THAT BELIEVES A VIOLATION OF ANY PROVISION OF 3,035
THIS CHAPTER OR RULE OF THE BOARD HAS OCCURRED SHALL REPORT TO 3,036
THE BOARD THE INFORMATION UPON WHICH THE BELIEF IS BASED. THIS 3,037
DIVISION DOES NOT REQUIRE ANY TREATMENT PROVIDER APPROVED BY THE 3,039
BOARD UNDER SECTION 4734.40 OF THE REVISED CODE OR ANY EMPLOYEE,
AGENT, OR REPRESENTATIVE OF SUCH A PROVIDER TO MAKE REPORTS WITH 3,041
66
RESPECT TO A CHIROPRACTOR PARTICIPATING IN TREATMENT OR AFTERCARE 3,042
FOR SUBSTANCE ABUSE AS LONG AS THE CHIROPRACTOR MAINTAINS 3,043
PARTICIPATION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 3,044
4734.40 OF THE REVISED CODE AND THE TREATMENT PROVIDER OR
EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER HAS NO REASON 3,045
TO BELIEVE THAT THE CHIROPRACTOR HAS VIOLATED ANY PROVISION OF 3,047
THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED 3,048
BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES. THIS DIVISION DOES NOT 3,049
REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER 3,050
COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY 3,051
REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A 3,052
PROFESSIONAL ASSOCIATION OR SOCIETY OF CHIROPRACTORS TO PROVIDE
PEER ASSISTANCE TO CHIROPRACTORS WITH SUBSTANCE ABUSE PROBLEMS 3,053
WITH RESPECT TO A CHIROPRACTOR WHO HAS BEEN REFERRED FOR 3,054
EXAMINATION TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER 3,055
SECTION 4734.40 OF THE REVISED CODE IF THE CHIROPRACTOR 3,057
COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY 3,058
DETERMINATION THAT THE CHIROPRACTOR SHOULD ENTER TREATMENT AND AS 3,059
LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR AGENT HAS NO
REASON TO BELIEVE THAT THE CHIROPRACTOR HAS CEASED TO PARTICIPATE 3,061
IN THE TREATMENT PROGRAM IN ACCORDANCE WITH SECTION 4734.40 OF 3,062
THE REVISED CODE OR HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR 3,063
RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY ALCOHOL, 3,064
DRUGS, OR OTHER SUBSTANCES.
(C) ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED 3,066
PRIMARILY OF CHIROPRACTORS THAT SUSPENDS OR REVOKES AN 3,067
INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS, OR 3,069
FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL
MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL 3,070
REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE 3,071
BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE 3,073
PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS 3,074
LEADING TO THE ACTION TAKEN. 3,075
THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO 3,078
67
FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR 3,079
ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, SHALL NOT PRECLUDE A 3,080
PROFESSIONAL ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST 3,082
A CHIROPRACTOR.
(D) ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE 3,085
TO ANY PERSON HOLDING A VALID LICENSE AS A CHIROPRACTOR OR ANY 3,086
OTHER ENTITY THAT SEEKS TO INDEMNIFY THE PROFESSIONAL LIABILITY 3,087
OF A CHIROPRACTOR SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER 3,088
THE FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH 3,089
DISPOSITION RESULTS IN A PAYMENT EXCEEDING TEN THOUSAND DOLLARS. 3,091
THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE 3,093
NOTIFICATION; 3,094
(2) THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT 3,097
OF THE CLAIM;
(3) THE NAME OF THE PERSON FILING THE WRITTEN CLAIM; 3,099
(4) THE DATE OF FINAL DISPOSITION; 3,101
(5) IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE 3,104
FINAL DISPOSITION OF THE CLAIM TOOK PLACE.
(E) THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS 3,107
CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS
ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS 3,110
SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF 3,111
A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE. AS USED IN 3,112
THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS 3,113
FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH 3,114
RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TEN THOUSAND 3,115
DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING TORTIOUS 3,116
CONDUCT BY THE CHIROPRACTOR. 3,117
(F) ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND 3,120
MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN 3,121
CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION 3,122
IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING A 3,123
CHIROPRACTOR OR HEALTH CARE FACILITY ARISING OUT OF MATTERS THAT 3,125
68
ARE THE SUBJECT OF THE REPORTING REQUIRED BY THIS SECTION. THE 3,126
BOARD MAY USE THE INFORMATION OBTAINED ONLY AS THE BASIS FOR AN 3,128
INVESTIGATION, AS EVIDENCE IN A DISCIPLINARY HEARING AGAINST A 3,129
CHIROPRACTOR, OR IN ANY SUBSEQUENT TRIAL OR APPEAL OF A BOARD 3,131
ACTION OR ORDER.
THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT 3,133
RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY 3,134
COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN 3,136
CREDENTIALING OR RECREDENTIALING A CHIROPRACTOR OR REVIEWING THE 3,137
CHIROPRACTOR'S PRIVILEGE TO PRACTICE WITHIN A PARTICULAR 3,138
FACILITY. THE BOARD SHALL INDICATE WHETHER OR NOT THE 3,139
INFORMATION HAS BEEN VERIFIED. INFORMATION TRANSMITTED BY THE 3,140
BOARD SHALL BE SUBJECT TO THE SAME CONFIDENTIALITY PROVISIONS AS 3,141
WHEN MAINTAINED BY THE BOARD.
(G) EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO 3,144
DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY 3,145
REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE 3,146
CHIROPRACTOR. THE CHIROPRACTOR SHALL HAVE THE RIGHT TO FILE A 3,147
STATEMENT WITH THE BOARD CONCERNING THE CORRECTNESS OR RELEVANCE 3,148
OF THE INFORMATION. THE STATEMENT SHALL AT ALL TIMES ACCOMPANY 3,150
THAT PART OF THE RECORD IN CONTENTION. 3,151
(H) AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR 3,154
REFERS AN IMPAIRED CHIROPRACTOR TO A TREATMENT PROVIDER APPROVED 3,156
BY THE BOARD UNDER SECTION 4734.40 OF THE REVISED CODE SHALL NOT
BE SUBJECT TO SUIT FOR CIVIL DAMAGES AS A RESULT OF THE REPORT, 3,157
REFERRAL, OR PROVISION OF THE INFORMATION. 3,158
(I) IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL 3,161
ASSOCIATION OR SOCIETY OF CHIROPRACTORS THAT SPONSORS A COMMITTEE 3,162
OR PROGRAM TO PROVIDE PEER ASSISTANCE TO A CHIROPRACTOR WITH
SUBSTANCE ABUSE PROBLEMS, A REPRESENTATIVE OR AGENT OF SUCH A 3,164
COMMITTEE OR PROGRAM, AND A MEMBER OF THE STATE CHIROPRACTIC 3,165
BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON BY REASON 3,166
OF ACTIONS TAKEN TO REFER A CHIROPRACTOR TO A TREATMENT PROVIDER 3,167
APPROVED UNDER SECTION 4734.40 OF THE REVISED CODE FOR
69
EXAMINATION OR TREATMENT.
Sec. 4734.33. IF AN INDIVIDUAL SUBJECT TO AN ACTION BY THE 3,170
STATE CHIROPRACTIC BOARD PURSUANT TO SECTION 4734.31 OF THE 3,171
REVISED CODE ELECTS AN ADJUDICATION UNDER CHAPTER 119. OF THE 3,173
REVISED CODE REGARDING THE ACTION, THE ADJUDICATION ORDER ISSUED 3,174
BY THE BOARD MAY, IN ADDITION TO IMPOSING THE ACTION, REQUIRE 3,176
THAT THE INDIVIDUAL PAY AN AMOUNT TO COVER THE REASONABLE COSTS 3,177
INCURRED BY THE BOARD IN CONDUCTING THE ADJUDICATION AND THE 3,178
INVESTIGATION LEADING TO THE ADJUDICATION. THE AMOUNT THE 3,179
INDIVIDUAL MAY BE ORDERED TO PAY MAY NOT EXCEED TWENTY-FIVE 3,180
THOUSAND DOLLARS. COSTS THAT MAY BE RECOVERED INCLUDE STAFF 3,181
SALARIES, ATTORNEY'S FEES, EXPERT WITNESS FEES, AND ANY OTHER 3,182
REASONABLE EXPENSES INCURRED BY THE BOARD. THE BOARD SHALL SET 3,184
FORTH THE COSTS IN AN ITEMIZED STATEMENT ATTACHED TO THE 3,185
ADJUDICATION ORDER. THE INDIVIDUAL SUBJECT TO THE ORDER MAY
CONTEST THE REASONABLENESS OF THE COSTS IN THE MANNER SET FORTH 3,186
IN CHAPTER 119. OF THE REVISED CODE FOR APPEALING AGENCY ORDERS. 3,189
ALL COSTS COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED IN 3,190
ACCORDANCE WITH SECTION 4734.54 OF THE REVISED CODE. 3,191
Sec. 4734.12 4734.34. Before restoring AN INDIVIDUAL 3,201
SUBJECT TO AN ACTION TAKEN UNDER SECTION 4734.31 OF THE REVISED 3,202
CODE, OTHER THAN PERMANENT REVOCATION OF A LICENSE, MAY APPLY TO 3,203
THE STATE CHIROPRACTIC BOARD TO HAVE THE INDIVIDUAL'S LICENSE 3,204
RESTORED to a good standing a certificate issued under Chapter 3,207
4734. of the Revised Code which has been suspended for any cause 3,208
for more than two years, the chiropractic examining. THE BOARD 3,209
SHALL CONSIDER THE MORAL CHARACTER AND THE ACTIVITIES OF THE 3,211
APPLICANT SINCE THE BOARD'S ACTION WAS TAKEN, IN ACCORDANCE WITH 3,212
THE STANDARDS FOR ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION 3,213
4734.20 OF THE REVISED CODE. THE board may require the applicant 3,217
to pass an oral and written examination, but under no 3,218
circumstances shall an applicant take only an oral exam, to 3,219
determine his present fitness to resume practice. 3,221
The authority of the board to impose terms and conditions 3,223
70
includes ON RESTORATION OF THE LICENSE BY DOING ANY OF the 3,224
following: 3,225
(A) Requiring the applicant to obtain training and, WHICH 3,227
MAY INCLUDE REQUIRING THE APPLICANT to pass an examination upon 3,228
completion of such THE training; 3,229
(B) REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN 3,232
EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE; 3,233
(C) Restricting or limiting the extent, scope, or type of 3,235
practice of the applicant. 3,237
The board shall consider the moral character and the 3,239
activities of the applicant during the period of suspension or 3,240
inactivity, in accordance with this chapter. 3,242
Sec. 4734.35. (A) AS USED IN THIS SECTION, "PROSECUTOR" 3,245
HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 3,246
(B) THE PROSECUTOR IN ANY CASE AGAINST ANY CHIROPRACTOR 3,249
HOLDING A VALID LICENSE ISSUED UNDER THIS CHAPTER SHALL PROMPTLY 3,250
NOTIFY THE STATE CHIROPRACTIC BOARD OF ANY OF THE FOLLOWING: 3,251
(1) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 3,254
OR COURT OF, A FELONY, OR A CASE IN WHICH THE TRIAL COURT ISSUES
AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A 3,256
FELONY CHARGE; 3,257
(2) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 3,260
OR COURT OF, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE,
OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL 3,262
UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A 3,263
MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF 3,264
PRACTICE;
(3) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 3,267
OR COURT OF, A MISDEMEANOR INVOLVING MORAL TURPITUDE, OR A CASE
IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON 3,268
TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR 3,269
INVOLVING MORAL TURPITUDE. 3,270
(C) THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE 3,272
CHIROPRACTOR, THE NATURE OF THE OFFENSE FOR WHICH THE ACTION WAS 3,274
71
TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE ACTION. 3,275
THE BOARD MAY PRESCRIBE AND PROVIDE FORMS FOR PROSECUTORS TO MAKE
REPORTS UNDER THIS SECTION. THE FORM MAY BE THE SAME AS THE FORM 3,276
REQUIRED TO BE PROVIDED UNDER SECTION 2929.24 OF THE REVISED 3,277
CODE.
Sec. 4734.36. A CHIROPRACTOR WHO IN THIS STATE PLEADS 3,280
GUILTY TO OR IS CONVICTED OF AGGRAVATED MURDER, MURDER, VOLUNTARY 3,281
MANSLAUGHTER, FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL 3,282
BATTERY, GROSS SEXUAL IMPOSITION, AGGRAVATED ARSON, AGGRAVATED 3,283
ROBBERY, OR AGGRAVATED BURGLARY, OR WHO IN ANOTHER JURISDICTION 3,284
PLEADS GUILTY TO OR IS CONVICTED OF ANY SUBSTANTIALLY EQUIVALENT 3,285
CRIMINAL OFFENSE, IS AUTOMATICALLY SUSPENDED FROM PRACTICE IN 3,286
THIS STATE AND THE LICENSE ISSUED UNDER THIS CHAPTER IS 3,288
AUTOMATICALLY SUSPENDED AS OF THE DATE OF THE GUILTY PLEA OR
CONVICTION. CONTINUED PRACTICE AFTER SUSPENSION UNDER THIS 3,289
SECTION SHALL BE CONSIDERED PRACTICING CHIROPRACTIC WITHOUT A 3,290
LICENSE. ON RECEIVING NOTICE OR OTHERWISE BECOMING AWARE OF THE 3,291
CONVICTION, THE STATE CHIROPRACTIC BOARD SHALL NOTIFY THE 3,292
INDIVIDUAL OF THE SUSPENSION UNDER THIS SECTION BY CERTIFIED MAIL 3,293
OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF THE REVISED 3,294
CODE. IF AN INDIVIDUAL WHOSE LICENSE IS SUSPENDED UNDER THIS 3,295
SECTION FAILS TO MAKE A TIMELY REQUEST FOR AN ADJUDICATION, THE 3,296
BOARD SHALL ENTER A FINAL ORDER REVOKING THE INDIVIDUAL'S 3,297
LICENSE.
Sec. 4734.101 4734.37. If the STATE chiropractic examining 3,307
board determines that there is clear and convincing evidence that 3,308
a person who has been granted a certificate LICENSE under this 3,309
chapter has committed an act that subjects his THE PERSON'S
license to board action under section 4734.10 4734.31 of the 3,311
Revised Code and that the certificate holder's PERSON'S continued 3,312
practice presents a danger of immediate and serious harm to the 3,314
public, the board may suspend the certificate LICENSE without a 3,315
prior hearing. A telephone conference call may be utilized for 3,316
reviewing the matter and taking the vote.
72
The board shall issue a written order of suspension by 3,318
certified mail or in person in accordance with section 119.07 of 3,319
the Revised Code. The order is not subject to suspension by the 3,320
court during pendency of any appeal filed under section 119.12 of 3,321
the Revised Code. If the certificate holder PERSON SUBJECT TO 3,322
THE SUSPENSION requests an adjudicatory hearing ADJUDICATION by 3,323
the board, the date set for the hearing ADJUDICATION shall be 3,324
within fifteen TWENTY days, but not earlier than seven days, 3,325
after the request, unless otherwise agreed to by both the board 3,326
and the certificate holder PERSON SUBJECT TO THE SUSPENSION. 3,327
Any summary suspension imposed under this section shall 3,329
remain in effect, unless reversed on appeal, until a final 3,330
adjudicative order issued by the board pursuant to section 3,331
4734.10 4734.31 and Chapter 119. of the Revised Code becomes 3,332
effective. The board shall issue its final adjudicative order 3,333
within sixty days after completion of its hearing ADJUDICATION. 3,334
A failure to issue the order within sixty days shall result in 3,336
dissolution of the summary suspension order but shall not 3,337
invalidate any subsequent, final adjudicative order. 3,338
Sec. 4734.11 4734.38. If any person who has been granted a 3,347
certificate LICENSE under Chapter 4734. of the Revised Code THIS 3,349
CHAPTER is adjudicated incompetent for the purpose of holding the 3,352
certificate, as provided in section 5122.301 of the Revised Code,
his certificate ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR 3,354
MENTALLY INCOMPETENT, THE PERSON'S LICENSE shall be automatically 3,355
suspended until such THE person has filed with the STATE 3,357
chiropractic examining board a certified copy of an adjudication 3,358
by a probate court of his subsequent restoration BEING RESTORED 3,359
to competency or has submitted to such THE board proof, 3,361
satisfactory to the board, that he has OF HAVING been discharged 3,362
as having a restoration BEING RESTORED to competency in the 3,363
manner and form provided in section 5122.38 of the Revised Code. 3,364
The judge of such THE court shall forthwith notify the board of 3,366
an adjudication of MENTAL ILLNESS OR MENTAL incompetence, and 3,367
73
shall note any suspension of a certificate in the margin of the 3,368
court's record of such certificate. 3,369
Sec. 4734.39. (A) FOR PURPOSES OF THIS SECTION, ANY 3,371
INDIVIDUAL WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER, OR 3,373
APPLIES FOR A LICENSE, SHALL BE DEEMED TO HAVE GIVEN CONSENT TO 3,374
SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION WHEN DIRECTED TO DO SO 3,375
IN WRITING BY THE STATE CHIROPRACTIC BOARD AND TO HAVE WAIVED ALL 3,376
OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION 3,378
REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION. 3,379
(B) IN ENFORCING DIVISION (B)(16) OR (17) OF SECTION 3,382
4734.31 OF THE REVISED CODE, THE BOARD, UPON A SHOWING OF A
POSSIBLE VIOLATION, MAY COMPEL ANY INDIVIDUAL WHO HOLDS A LICENSE 3,383
ISSUED UNDER THIS CHAPTER OR WHO HAS APPLIED FOR A LICENSE 3,384
PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL OR PHYSICAL 3,386
EXAMINATION, OR BOTH, AS REQUIRED BY AND AT THE EXPENSE OF THE 3,387
BOARD. FAILURE OF ANY INDIVIDUAL TO SUBMIT TO A MENTAL OR
PHYSICAL EXAMINATION WHEN DIRECTED CONSTITUTES AN ADMISSION OF 3,388
THE ALLEGATIONS AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE 3,389
TO CIRCUMSTANCES BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT 3,390
AND FINAL ORDER MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR 3,391
PRESENTATION OF EVIDENCE. IF THE BOARD FINDS A CHIROPRACTOR 3,392
UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION 3,393
(B)(16) OR (17) OF SECTION 4734.31 OF THE REVISED CODE, THE BOARD 3,394
SHALL REQUIRE THE CHIROPRACTOR TO SUBMIT TO CARE, COUNSELING, OR 3,396
TREATMENT BY PHYSICIANS OR OTHER HEALTH CARE PROVIDERS APPROVED
OR DESIGNATED BY THE BOARD, AS A CONDITION FOR AN INITIAL, 3,398
CONTINUED, REINSTATED, RESTORED, OR RENEWED LICENSE TO PRACTICE 3,399
CHIROPRACTIC. A CHIROPRACTOR AFFECTED BY THIS SECTION SHALL BE 3,400
AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE BOARD THE ABILITY 3,401
TO RESUME PRACTICING IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING 3,402
STANDARDS OF CARE.
Sec. 4734.40. (A) THE STATE CHIROPRACTIC BOARD MAY ADOPT 3,404
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 3,405
ESTABLISHING STANDARDS FOR APPROVING TREATMENT PROVIDERS FOR 3,406
74
IMPAIRED CHIROPRACTORS. IF RULES ARE ADOPTED, THE RULES SHALL 3,407
INCLUDE STANDARDS FOR BOTH INPATIENT AND OUTPATIENT TREATMENT. 3,408
THE RULES SHALL PROVIDE THAT TO BE APPROVED, A TREATMENT PROVIDER 3,409
MUST BE CAPABLE OF MAKING AN INITIAL EXAMINATION TO DETERMINE THE 3,410
TYPE OF TREATMENT AN IMPAIRED CHIROPRACTOR REQUIRES AND MUST BE 3,412
CAPABLE OF ADHERING TO GUIDELINES THE BOARD CONSIDERS APPROPRIATE 3,413
FOR ASSESSMENT AND REFERRAL OF IMPAIRED CHIROPRACTORS. THE BOARD 3,416
SHALL REVIEW TREATMENT PROVIDERS ON A REGULAR BASIS AND DESIGNATE 3,417
THOSE PROVIDERS THAT MEET THE STANDARDS FOR APPROVAL. THE BOARD 3,418
MAY DENY OR WITHDRAW ITS APPROVAL IF IT FINDS THAT THE TREATMENT 3,419
PROVIDER BEING REVIEWED DOES NOT MEET OR NO LONGER MEETS THE 3,420
STANDARDS FOR APPROVAL.
(B) A CHIROPRACTOR WHO ENTERS INTO TREATMENT BY AN 3,424
APPROVED TREATMENT PROVIDER SHALL BE DEEMED TO HAVE WAIVED ANY 3,425
CONFIDENTIALITY REQUIREMENTS THAT WOULD OTHERWISE PREVENT THE 3,426
TREATMENT PROVIDER FROM MAKING REPORTS REQUIRED UNDER THIS 3,427
SECTION.
Sec. 4734.41. (A) AS USED IN THIS SECTION: 3,429
(1) "CHEMICAL DEPENDENCY" MEANS EITHER OF THE FOLLOWING: 3,431
(a) THE CHRONIC AND HABITUAL USE OF ALCOHOLIC BEVERAGES TO 3,433
THE EXTENT THAT THE USER NO LONGER CAN CONTROL THE USE OF ALCOHOL 3,435
OR ENDANGERS THE USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF 3,436
OTHERS;
(b) THE USE OF A CONTROLLED SUBSTANCE AS DEFINED IN 3,438
SECTION 3719.01 OF THE REVISED CODE, A HARMFUL INTOXICANT AS 3,439
DEFINED IN SECTION 2925.01 OF THE REVISED CODE, OR A DANGEROUS 3,440
DRUG AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE, TO THE 3,441
EXTENT THAT THE USER BECOMES PHYSICALLY OR PSYCHOLOGICALLY
DEPENDENT ON THE SUBSTANCE, INTOXICANT, OR DRUG OR ENDANGERS THE 3,442
USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF OTHERS. 3,443
(2) "MENTAL ILLNESS" MEANS A RECOGNIZED PSYCHIATRIC OR 3,445
PSYCHOLOGICAL CONDITION, DISORDER, OR SYNDROME THAT HAS BEEN 3,446
DIAGNOSED BY A PSYCHIATRIST, PSYCHOLOGIST, PROFESSIONAL CLINICAL 3,447
COUNSELOR, OR INDEPENDENT SOCIAL WORKER AS A CONDITION, DISORDER, 3,449
75
OR SYNDROME THAT MAY POSE A DANGER TO THE PERSON DIAGNOSED OR 3,450
OTHERS OR MAY PREVENT THE PERSON FROM PRACTICING THE PERSON'S 3,451
PROFESSION ACCORDING TO ACCEPTABLE AND PREVAILING STANDARDS OF 3,452
CARE.
(B) THE STATE CHIROPRACTIC BOARD SHALL ESTABLISH A 3,454
CHEMICAL DEPENDENCY AND MENTAL ILLNESS MONITORING PROGRAM. THE 3,456
PROGRAM SHALL BE MADE AVAILABLE TO ANY INDIVIDUAL UNDER THE 3,457
BOARD'S JURISDICTION WHO HAS A CHEMICAL DEPENDENCY OR MENTAL 3,459
ILLNESS AND MEETS THE BOARD'S ELIGIBILITY REQUIREMENTS FOR 3,461
ADMISSION TO AND CONTINUED PARTICIPATION IN THE PROGRAM. THE 3,462
BOARD SHALL DEVELOP THE PROGRAM AND MAY DESIGNATE A COORDINATOR 3,463
TO ADMINISTER IT OR ENTER INTO A CONTRACT FOR THE PROGRAM TO BE 3,464
ADMINISTERED BY ANOTHER ENTITY THROUGH A COORDINATOR. THE BOARD 3,465
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 3,466
CODE THAT ESTABLISH STANDARDS AND PROCEDURE FOR OPERATING THE 3,467
PROGRAM.
(C) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 3,470
ALL RECORDS OF AN INDIVIDUAL'S PARTICIPATION IN THE MONITORING 3,471
PROGRAM, INCLUDING MEDICAL RECORDS, CHEMICAL DEPENDENCY RECORDS, 3,472
AND MENTAL HEALTH RECORDS, SHALL BE CONFIDENTIAL, ARE NOT PUBLIC 3,474
RECORDS FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE,
AND ARE NOT SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS 3,475
EVIDENCE IN ANY JUDICIAL PROCEEDING. THE PROGRAM COORDINATOR 3,477
SHALL MAINTAIN ALL RECORDS AS DIRECTED BY THE BOARD. 3,478
(D) THE MONITORING PROGRAM'S COORDINATOR MAY DISCLOSE 3,480
RECORDS OR INFORMATION REGARDING AN INDIVIDUAL'S PROGRESS AND 3,481
STATUS OF PARTICIPATION IN THE PROGRAM TO THE DISCIPLINARY 3,484
SECTION OF THE BOARD AND TO ANY PERSON OR GOVERNMENT ENTITY THAT 3,485
THE PROGRAM PARTICIPANT AUTHORIZES IN WRITING TO BE GIVEN THE 3,486
RECORDS OR INFORMATION.
IN DISCLOSING RECORDS OR INFORMATION UNDER THIS DIVISION, 3,488
THE COORDINATOR SHALL NOT INCLUDE ANY RECORD OR INFORMATION THAT 3,489
IS PROTECTED UNDER SECTION 3793.13 OF THE REVISED CODE OR ANY 3,490
FEDERAL STATUTE OR REGULATION THAT PROVIDES FOR THE 3,492
76
CONFIDENTIALITY OF MENTAL HEALTH OR SUBSTANCE ABUSE RECORDS. 3,494
(E) IN THE ABSENCE OF FRAUD OR BAD FAITH, THE MONITORING 3,496
PROGRAM'S COORDINATOR, THE BOARD AND THE BOARD'S EMPLOYEES AND 3,497
REPRESENTATIVES ARE NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS 3,499
A RESULT OF DISCLOSING RECORDS OR INFORMATION IN ACCORDANCE WITH 3,501
DIVISION (D) OF THIS SECTION. IN THE ABSENCE OF FRAUD OR BAD 3,502
FAITH, ANY PERSON REPORTING TO THE PROGRAM AN INDIVIDUAL'S 3,503
CHEMICAL DEPENDENCY OR MENTAL ILLNESS, OR THE PROGRESS OR LACK OF 3,505
PROGRESS OF THAT INDIVIDUAL WITH REGARD TO TREATMENT, IS NOT 3,506
LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS A RESULT OF THE REPORT. 3,508
(F) THE BOARD MAY ABSTAIN FROM TAKING FORMAL DISCIPLINARY 3,510
ACTION UNDER SECTION 4734.31 OF THE REVISED CODE AGAINST AN 3,511
INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S CHEMICAL DEPENDENCY OR 3,512
MENTAL ILLNESS, IF THE INDIVIDUAL MEETS THE ELIGIBILITY 3,513
REQUIREMENTS FOR ADMISSION INTO THE MONITORING PROGRAM AND ALL OF 3,514
THE FOLLOWING OCCUR: 3,515
(1) THE INDIVIDUAL ENTERS INTO A MONITORING AGREEMENT WITH 3,517
THE COORDINATOR OF THE PROGRAM; 3,518
(2) THE INDIVIDUAL COMPLIES WITH THE TERMS AND CONDITIONS 3,520
FOR CONTINUED PARTICIPATION IN THE PROGRAM, AS SPECIFIED IN THE 3,521
MONITORING AGREEMENT; 3,522
(3) THE INDIVIDUAL SUCCESSFULLY COMPLETES THE TERMS AND 3,524
CONDITIONS OF THE MONITORING AGREEMENT, INCLUDING THE CONDITION 3,525
THAT THE INDIVIDUAL ATTAIN THE ABILITY TO PRACTICE IN ACCORDANCE 3,526
WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE APPLICABLE TO 3,527
THE PRACTICE OF CHIROPRACTIC. 3,528
Sec. 4734.42. PURSUANT TO THE STATE CHIROPRACTIC BOARD'S 3,530
INVESTIGATIVE AUTHORITY ESTABLISHED UNDER THIS CHAPTER, THE BOARD 3,531
MAY DEVELOP AND IMPLEMENT A QUALITY INTERVENTION PROGRAM DESIGNED 3,532
TO IMPROVE THE PRACTICE AND COMMUNICATION SKILLS OF 3,533
CHIROPRACTORS. THE BOARD MAY ADOPT RULES IN ACCORDANCE WITH 3,534
CHAPTER 119. OF THE REVISED CODE ESTABLISHING STANDARDS AND
PROCEDURES FOR IMPLEMENTING THE QUALITY INTERVENTION PROGRAM. 3,535
Sec. 4734.14 4734.45. If any person makes an accusation 3,544
77
against any licensee under this section, it shall be reduced to 3,546
writing, verified by some person familiar with the facts and 3,547
three copies filed with the secretary of the (A) THE STATE 3,548
chiropractic examining board. If the board considers the charges 3,549
made are sufficient, if true, to warrant suspension or revocation 3,550
of license, it shall proceed with an adjudication hearing under 3,551
the procedures of Chapter 119. SHALL INVESTIGATE EVIDENCE THAT 3,552
APPEARS TO SHOW THAT A PERSON HAS VIOLATED ANY PROVISION OF THIS 3,553
CHAPTER OR THE RULES ADOPTED UNDER IT. ANY PERSON MAY REPORT TO 3,554
THE BOARD IN WRITING OR BY OTHER MEANS ANY INFORMATION THE PERSON 3,556
HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF THIS 3,557
CHAPTER OR THE RULES ADOPTED UNDER IT. IN THE ABSENCE OF BAD
FAITH, A PERSON WHO REPORTS TO THE BOARD, COOPERATES IN AN 3,559
INVESTIGATION, OR TESTIFIES BEFORE THE BOARD IN AN ADJUDICATION 3,561
SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A RESULT OF REPORTING, 3,562
COOPERATING, OR PROVIDING TESTIMONY.
(B) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 3,564
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 3,565
CIVIL ACTION, EXCEPT THAT FOR GOOD CAUSE, THE BOARD OR ITS 3,566
EXECUTIVE DIRECTOR MAY DISCLOSE OR AUTHORIZE DISCLOSURE OF 3,567
INFORMATION GATHERED PURSUANT TO AN INVESTIGATION. 3,568
THE BOARD AND ITS EMPLOYEES MAY SHARE APPROPRIATE 3,571
INFORMATION IN THE BOARD'S POSSESSION WITH ANY FEDERAL, STATE, OR 3,572
LOCAL LAW ENFORCEMENT, PROSECUTORIAL, OR REGULATORY AGENCY OR ITS 3,573
OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION. THE BOARD AND 3,575
ITS EMPLOYEES MAY COOPERATE IN ANY OTHER MANNER WITH THE AGENCY 3,576
OR ITS OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION.
AN AGENCY THAT RECEIVES CONFIDENTIAL INFORMATION SHALL 3,578
COMPLY WITH THE SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS 3,579
THOSE WITH WHICH THE BOARD MUST COMPLY, NOTWITHSTANDING ANY 3,580
CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE 3,581
AGENCY THAT APPLIES WHEN THE AGENCY IS DEALING WITH OTHER 3,582
INFORMATION IN ITS POSSESSION. THE INFORMATION MAY BE ADMITTED 3,583
INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF 3,584
78
EVIDENCE, OR IN AN ADMINISTRATIVE HEARING CONDUCTED BY AN AGENCY, 3,585
BUT THE COURT OR AGENCY SHALL REQUIRE THAT APPROPRIATE MEASURES 3,586
BE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED WITH 3,587
RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES OR 3,588
OTHER IDENTIFYING INFORMATION ABOUT PATIENTS, COMPLAINANTS, OR 3,589
OTHERS WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE
CHIROPRACTIC BOARD WHEN THE INFORMATION WAS IN THE BOARD'S 3,591
POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY THAT MAY BE TAKEN 3,592
BY THE COURT OR AGENCY INCLUDE SEALING ITS RECORDS OR REDACTING 3,593
SPECIFIC INFORMATION FROM ITS RECORDS. 3,594
(C) ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE 3,596
CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 of 3,598
the Revised Code.
Sec. 4734.13 4734.46. Any investigation, inquiry, or 3,607
hearing, which THE FOLLOWING APPLY TO THE INVESTIGATIONS, 3,609
INQUIRIES, AND HEARINGS THAT the STATE chiropractic examining 3,612
board is empowered to hold or undertake:
(A) AN INVESTIGATION, INQUIRY, OR HEARING may be held or 3,614
undertaken by or before any member of the board, and the finding. 3,616
A MEMBER WHO ASSISTS IN THE INVESTIGATION OF A CASE SHALL NOT 3,618
PARTICIPATE IN FURTHER ADJUDICATION OF THE CASE, UNLESS THE
MEMBER'S RECUSAL WOULD DEPRIVE THE BOARD OF A QUORUM, IN WHICH 3,619
CASE THE MEMBER MAY PARTICIPATE. 3,620
(B) THE BOARD MAY APPOINT AN EXAMINER WHO IS AN ATTORNEY 3,622
TO CONDUCT AN INVESTIGATION, INQUIRY, OR HEARING. THE FINDINGS 3,626
or order of such THE HEARING EXAMINER OR A member WHO HOLDS OR 3,627
UNDERTAKES AN INVESTIGATION, INQUIRY, OR HEARING shall be deemed 3,628
to be the FINDINGS OR order of the board when approved and 3,629
confirmed by it. 3,630
(C) WITH RESPECT TO A HEARING CONDUCTED PURSUANT TO 3,633
CHAPTER 119. OF THE REVISED CODE, THE BOARD MAY ADOPT STANDARDS 3,634
OF CONDUCT FOR THE ATTORNEYS AND OTHER PERSONS WHO PRACTICE 3,635
BEFORE IT.
(D) FOLLOWING AN INQUIRY, THE BOARD MAY, IN CASES IT 3,638
79
CONSIDERS APPROPRIATE, ISSUE A "LETTER OF ADMONITION" OR A 3,639
"LETTER OF CAUTION." ISSUANCE OF A LETTER UNDER THIS DIVISION IS 3,641
NOT AN ACTION TAKEN IN ADDITION TO OR IN LIEU OF TAKING ACTION 3,642
UNDER SECTION 4734.31 OF THE REVISED CODE AND IS NOT SUBJECT TO 3,643
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE. THE 3,644
LETTER SHALL NOT BE USED BY AN EMPLOYER, INSURER, OR ANY OTHER 3,645
PERSON OR GOVERNMENT ENTITY AS THE BASIS OF AN ADVERSE ACTION 3,646
AGAINST THE RECIPIENT.
Sec. 4734.15 4734.47. (A) The secretary EXECUTIVE 3,656
DIRECTOR of the STATE chiropractic examining board shall FUNCTION 3,658
AS THE CHIEF ENFORCEMENT OFFICER OF THE BOARD AND SHALL enforce 3,659
the laws relating to the practice of chiropractic. If he THE 3,660
EXECUTIVE DIRECTOR has knowledge or notice of a violation OF 3,662
THOSE LAWS, he THE EXECUTIVE DIRECTOR shall investigate the 3,664
matter, and, upon OR CAUSE THE MATTER TO BE INVESTIGATED. ON 3,665
probable cause appearing, THE EXECUTIVE DIRECTOR SHALL PROSECUTE 3,667
THE OFFENDER OR CAUSE THE OFFENDER TO BE PROSECUTED. IF THE 3,668
MATTER INVOLVES A VIOLATION BY AN INDIVIDUAL LICENSED UNDER THIS 3,669
CHAPTER, THE EXECUTIVE DIRECTOR SHALL BRING THE MATTER BEFORE THE 3,670
BOARD. IF THE MATTER INVOLVES A VIOLATION FOR WHICH A PENALTY 3,671
MAY BE IMPOSED UNDER SECTION 4734.99 OF THE REVISED CODE, THE 3,672
EXECUTIVE DIRECTOR OR A PERSON AUTHORIZED BY THE BOARD TO
REPRESENT THE EXECUTIVE DIRECTOR MAY file a complaint and 3,673
prosecute the offender. When requested by the secretary, WITH 3,675
the prosecuting attorney of the proper county. EXCEPT AS 3,676
PROVIDED IN DIVISION (B) OF THIS SECTION, THE PROSECUTING 3,677
ATTORNEY shall take charge of and conduct such THE prosecution. 3,678
(B) FOR PURPOSES OF ENFORCING THIS CHAPTER, THE BOARD MAY 3,681
PETITION A COURT OF RECORD TO APPOINT AN ATTORNEY TO ASSIST THE 3,683
PROSECUTING ATTORNEY IN THE PROSECUTION OF OFFENDERS OR TO TAKE 3,684
CHARGE OF AND CONDUCT THE PROSECUTIONS AS A SPECIAL PROSECUTOR. 3,685
THE COURT SHALL GRANT THE PETITION IF IT IS IN THE PUBLIC 3,686
INTEREST. A SPECIAL PROSECUTOR APPOINTED BY THE COURT SHALL BE 3,687
COMPENSATED BY THE BOARD IN AN AMOUNT APPROVED BY THE BOARD. 3,688
80
IF THE COURT BELIEVES THAT PUBLIC KNOWLEDGE OF THE 3,690
APPOINTMENT OF A SPECIAL PROSECUTOR COULD ALLOW ONE OR MORE 3,691
PERSONS TO INTERFERE WITH THE PROSECUTION OR ANY INVESTIGATION 3,692
RELATED TO THE PROSECUTION, THE COURT MAY SEAL ALL DOCUMENTS 3,693
PERTAINING TO THE APPOINTMENT. SEALED DOCUMENTS SHALL REMAIN 3,694
SEALED UNTIL THERE IS COURT ACTION ON THE PROSECUTION OR UNTIL 3,695
THE COURT ORDERS THE DOCUMENTS TO BE OPENED. 3,696
Sec. 4734.48. (A) FOR PURPOSES OF ENFORCING THIS CHAPTER, 3,698
THE STATE CHIROPRACTIC BOARD OR ANY OF ITS MEMBERS, THE BOARD'S 3,701
EXECUTIVE DIRECTOR, AND ANY PERSON AUTHORIZED BY THE BOARD TO 3,702
SERVE AS THE EXECUTIVE DIRECTOR'S REPRESENTATIVE MAY DO ANY OF 3,703
THE FOLLOWING:
(1) SERVE AND EXECUTE ANY PROCESS ISSUED BY ANY COURT 3,705
REGARDING THE PRACTICE OF CHIROPRACTIC AND SERVE AND EXECUTE ANY 3,706
PAPERS OR PROCESS ISSUED BY THE BOARD OR ANY OFFICER OR MEMBER OF 3,708
THE BOARD.
(2) ADMINISTER OATHS, PROPOUND INTERROGATORIES, ORDER THE 3,710
TAKING OF DEPOSITIONS, COMPEL BY SUBPOENA THAT WITNESSES APPEAR 3,712
AND TESTIFY, AND COMPEL BY SUBPOENA DUCES TECUM THE PRODUCTION OF 3,714
BOOKS, ACCOUNTS, PAPERS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE
OBJECTS. IF A PERSON FAILS TO COOPERATE IN AN INTERROGATORY OR 3,715
DEPOSITION OR FAILS TO COMPLY WITH A SUBPOENA OR SUBPOENA DUCES 3,717
TECUM, THE BOARD MAY APPLY TO THE COURT OF COMMON PLEAS OF 3,718
FRANKLIN COUNTY FOR AN ORDER COMPELLING THE PERSON TO COOPERATE 3,719
IN THE INTERROGATORY OR DEPOSITION OR TO COMPLY WITH THE SUBPOENA 3,720
OR SUBPOENA DUCES TECUM OR, FOR FAILURE TO DO SO, BE HELD IN 3,721
CONTEMPT OF COURT. THE BOARD SHALL ADOPT RULES IN ACCORDANCE 3,722
WITH CHAPTER 119. OF THE REVISED CODE ESTABLISHING PROCEDURES TO
BE FOLLOWED IN TAKING THE ACTIONS AUTHORIZED UNDER DIVISION 3,723
(A)(2) OF THIS SECTION, INCLUDING PROCEDURES REGARDING PAYMENT 3,724
FOR AND SERVICE OF SUBPOENAS. 3,725
(3) ENTER THE CLINIC, OFFICE, PREMISES, ESTABLISHMENT, OR 3,728
PLACE OF BUSINESS OF ANY CHIROPRACTOR OR ANY CLINIC, OFFICE, 3,729
PREMISES, ESTABLISHMENT, OR PLACE OF BUSINESS WHERE THE PRACTICE 3,730
81
OF CHIROPRACTIC IS CARRIED ON OR WHERE THE BILLING FOR 3,731
CHIROPRACTIC SERVICES TAKES PLACE. ENTRANCE MAY OCCUR DURING 3,732
REGULAR BUSINESS HOURS OR AT ANY OTHER REASONABLE TIME. IF ENTRY 3,733
OR ANY SUBSEQUENT INSPECTION IS REFUSED, THWARTED, OR HINDERED IN 3,734
ANY OTHER MANNER OR THE CIRCUMSTANCES OF THE CASE OTHERWISE MAKE 3,735
IT APPROPRIATE, THE BOARD, EXECUTIVE DIRECTOR, OR AUTHORIZED 3,736
REPRESENTATIVE MAY BY AFFIDAVIT APPLY FOR, AND ANY JUDGE OF A 3,738
COURT OF RECORD MAY ISSUE FOR USE WITHIN THE COURT'S TERRITORIAL 3,739
JURISDICTION, AN ADMINISTRATIVE INSPECTION WARRANT UNDER DIVISION 3,740
(F) OF SECTION 2933.21 OF THE REVISED CODE OR OTHER APPROPRIATE 3,741
SEARCH WARRANT.
(4) FILE WITH A JUDGE OR CLERK OF A COURT OF RECORD, OR 3,743
WITH A MAGISTRATE, AN AFFIDAVIT CHARGING A PERSON WITH COMMITTING 3,744
A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE RULES ADOPTED 3,745
UNDER IT. FOR PURPOSES OF THIS DIVISION, THE PERSON FILING THE 3,746
AFFIDAVIT IS A PEACE OFFICER WHO IS AUTHORIZED TO FILE AN 3,747
AFFIDAVIT UNDER SECTION 2935.09 OF THE REVISED CODE. 3,749
(5) APPLY FOR ACCESS TO THE COMPUTERIZED DATABASES 3,751
ADMINISTERED BY THE NATIONAL CRIME INFORMATION CENTER AND THE LAW 3,753
ENFORCEMENT AUTOMATED DATA SYSTEM OPERATED PURSUANT TO SECTION 3,754
5503.10 OF THE REVISED CODE, AS WELL AS OTHER COMPUTERIZED 3,755
DATABASES ADMINISTERED FOR THE PURPOSE OF MAKING CRIMINAL JUSTICE 3,756
INFORMATION ACCESSIBLE TO STATE AGENCIES. THE BOARD AND THE 3,757
OFFICE OF THE EXECUTIVE DIRECTOR ARE HEREBY DESIGNATED TO BE 3,758
CRIMINAL JUSTICE AGENCIES FOR PURPOSES OF ANY STATE OR FEDERAL 3,759
LAW REQUIRING, AS A CONDITION OF BEING AUTHORIZED TO APPLY FOR 3,760
ACCESS TO SUCH DATABASES, THAT AN ENTITY BE RECOGNIZED AS A 3,761
CRIMINAL JUSTICE AGENCY.
(B) ANY PROCESS, PAPER, OR OTHER DOCUMENT SERVED UNDER 3,764
THIS CHAPTER BY THE BOARD, A BOARD MEMBER, THE EXECUTIVE
DIRECTOR, OR AN AUTHORIZED REPRESENTATIVE OF THE EXECUTIVE 3,765
DIRECTOR MAY BE SERVED BY PERSONAL SERVICE, RESIDENCE SERVICE, OR 3,767
CERTIFIED MAIL. SERVICE MAY BE MADE AT THE INTENDED RECIPIENT'S 3,768
USUAL PLACE OF BUSINESS.
82
IF ATTEMPTS AT SERVICE BY PERSONAL SERVICE, RESIDENCE 3,770
SERVICE, OR CERTIFIED MAIL ARE UNSUCCESSFUL, SERVICE MAY BE MADE 3,771
AS FOLLOWS: 3,772
(1) BY ORDINARY MAIL. IF THE PROCESS, PAPER, OR OTHER 3,774
DOCUMENT THAT IS MAILED IS NOT RETURNED BY THE UNITED STATES 3,776
POSTAL SERVICE, SERVICE ON THE INTENDED RECIPIENT IS DEEMED TO 3,777
HAVE OCCURRED ON THE TENTH DAY AFTER THE MAILING.
(2) BY PUBLICATION OF A NOTICE IN ANY NEWSPAPER OF GENERAL 3,779
CIRCULATION IN THE COUNTY IN WHICH THE INTENDED RECIPIENT'S LAST 3,780
KNOWN RESIDENTIAL OR BUSINESS ADDRESS IS LOCATED. 3,781
Sec. 4734.49. (A) THE ATTORNEY GENERAL, THE PROSECUTING 3,784
ATTORNEY OF THE COUNTY IN WHICH A VIOLATION OF THIS CHAPTER IS 3,785
COMMITTED OR IS THREATENED TO BE COMMITTED OR IN WHICH THE 3,787
OFFENDER RESIDES, THE STATE CHIROPRACTIC BOARD, OR ANY OTHER
PERSON HAVING KNOWLEDGE OF A PERSON COMMITTING OR THREATENING TO 3,789
COMMIT A VIOLATION OF THIS CHAPTER MAY, IN ACCORDANCE WITH THE 3,790
PROVISIONS OF THE REVISED CODE GOVERNING INJUNCTIONS, MAINTAIN AN 3,791
ACTION IN THE NAME OF THIS STATE TO ENJOIN THE PERSON FROM 3,792
COMMITTING THE VIOLATION BY APPLYING FOR AN INJUNCTION IN ANY 3,793
COURT OF COMPETENT JURISDICTION. UPON THE FILING OF A VERIFIED 3,795
PETITION IN COURT, THE COURT SHALL CONDUCT A HEARING ON THE 3,796
PETITION AND SHALL GIVE THE SAME PREFERENCE TO THIS PROCEEDING AS 3,797
IS GIVEN ALL PROCEEDINGS UNDER CHAPTER 119. OF THE REVISED CODE, 3,799
IRRESPECTIVE OF THE POSITION OF THE PROCEEDING ON THE CALENDAR OF 3,800
THE COURT. IF AN INJUNCTION IS GRANTED, THE COURT MAY AWARD TO 3,801
THE PERSON OR ENTITY THAT MAINTAINED THE ACTION AMOUNTS TO COVER 3,802
REASONABLE ATTORNEY'S FEES, INVESTIGATIVE COSTS, AND OTHER COSTS 3,803
RELATED TO THE INVESTIGATION OR PROSECUTION OF THE CASE. 3,804
INJUNCTION PROCEEDINGS BROUGHT UNDER THIS SECTION SHALL BE IN 3,805
ADDITION TO, AND NOT IN LIEU OF, ALL PENALTIES AND OTHER REMEDIES 3,807
PROVIDED IN THIS CHAPTER. 3,808
(B) THE PRACTICE OF CHIROPRACTIC BY ANY PERSON NOT AT THAT 3,811
TIME HOLDING A VALID AND CURRENT LICENSE ISSUED UNDER THIS 3,815
CHAPTER IS HEREBY DECLARED TO BE INIMICAL TO THE PUBLIC WELFARE 3,817
83
AND TO CONSTITUTE A PUBLIC NUISANCE.
Sec. 4734.50. THIS CHAPTER DOES NOT REQUIRE THE STATE 3,819
CHIROPRACTIC BOARD TO ACT ON MINOR VIOLATIONS OF THIS CHAPTER OR 3,821
THE RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY
INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES 3,822
THAT THE PUBLIC INTEREST IS ADEQUATELY SERVED BY ISSUING A NOTICE 3,823
OR WARNING TO THE ALLEGED OFFENDER. 3,824
Sec. 4734.16 4734.53. All fines collected for violation of 3,833
section 4734.17 4734.14 OR 4734.161 of the Revised Code, shall be 3,835
distributed as follows: one half to the STATE chiropractic 3,836
examining board for deposit into the state treasury to the credit 3,837
of the occupational licensing and regulatory fund, IN ACCORDANCE 3,839
WITH SECTION 4734.54 OF THE REVISED CODE and one half to the 3,841
treasury of the county or municipal corporation in which the 3,842
offense was committed.
Sec. 4734.18 4734.54. All moneys received by the STATE 3,851
chiropractic examining board shall be paid into the state 3,854
treasury and credited to the occupational licensing and
regulatory fund. MONEYS CREDITED TO THE FUND THAT ARE THE RESULT 3,856
OF FINES COLLECTED UNDER SECTION 4734.53, FINES COLLECTED UNDER 3,857
SECTION 4734.31, AMOUNTS COLLECTED UNDER SECTION 4734.33, AND 3,858
AMOUNTS AWARDED UNDER SECTION 4734.49 OF THE REVISED CODE SHALL 3,859
BE USED SOLELY FOR PURPOSES RELATED TO THE BOARD'S ENFORCEMENT OF 3,860
THIS CHAPTER. MONEYS CREDITED TO THE FUND THAT ARE THE RESULT OF 3,861
ANY FEE CHARGED UNDER SECTION 4734.21 OF THE REVISED CODE SHALL
BE USED SOLELY FOR PURPOSES RELATED TO IMPLEMENTING THAT SECTION. 3,862
Sec. 4734.21 4734.55. The STATE chiropractic examining 3,872
board shall provide a duplicate license to a license holder on 3,874
payment of a fee of ninety FORTY-FIVE dollars. 3,875
Upon written request and the payment of a fee of one 3,877
hundred seventy-five NINETY-FIVE dollars, the board shall provide 3,878
to any person a list of persons holding licenses to practice 3,881
chiropractic, AS INDICATED IN ITS REGISTER MAINTAINED PURSUANT TO 3,882
SECTION 4734.04 OF THE REVISED CODE. 3,883
84
The board shall maintain separate lists of the applicants 3,885
taking each examination conducted under section 4734.05 of the 3,886
Revised Code and of those who passed each examination. Upon 3,887
written request and the payment of a fee of twenty-five dollars, 3,888
the board shall provide to any person a copy of the list of 3,889
applicants taking an examination or the list of those who passed 3,890
the examination. 3,891
Upon written request from the licensee and the payment of a 3,894
fee of twenty dollars, the board shall issue certification of 3,895
licensure information to the person identified by the licensee. 3,896
Sec. 4734.20 4734.56. The STATE chiropractic examining 3,906
board, subject to the approval of the controlling board, may 3,908
establish fees in excess of the amounts provided by sections 3,909
4734.01 to 4734.99 of the Revised Code SPECIFIED IN THIS CHAPTER, 3,910
provided that such fees do not exceed the amounts permitted by 3,912
those sections SPECIFIED by more than fifty per cent. 3,913
Sec. 4734.99. (A) Whoever violates section 4734.17 3,922
4734.14 of the Revised Code is guilty of a misdemeanor FELONY of 3,924
the second FIFTH degree on a first offense and a felony of the 3,926
fifth degree on, UNLESS THE OFFENDER PREVIOUSLY HAS BEEN 3,927
CONVICTED OF OR HAS PLEADED GUILTY TO A VIOLATION OF SECTION 3,928
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.40, 3,929
2913.47, 2913.48, 2913.51, 2921.13, 4715.09, 4723.03, 4725.02, 3,930
4725.41, 4729.27, 4729.28, 4729.36, 4729.51, 4729.61, 4730.02, 3,931
4731.41, 4731.43, 4731.46, 4731.47, 4731.60, 4732.21, 4741.18, 3,932
4741.19, 4755.48, 4757.02, 4759.02, 4761.10, OR 4773.02 OF THE
REVISED CODE OR AN OFFENSE UNDER AN EXISTING OR FORMER LAW OF 3,933
THIS STATE, ANOTHER STATE, OR THE UNITED STATES THAT IS OR WAS 3,934
SUBSTANTIALLY EQUIVALENT TO A VIOLATION OF ANY OF THOSE SECTIONS, 3,935
IN WHICH CASE THE OFFENDER IS GUILTY OF A FELONY OF THE FOURTH 3,937
DEGREE. FOR each subsequent offense, THE OFFENDER IS GUILTY OF A 3,939
FELONY OF THE FOURTH DEGREE.
(B) Whoever violates section 4734.23 4734.161 of the 3,941
Revised Code is guilty of a misdemeanor of the first degree. 3,943
85
(C) WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF 3,946
SECTION 4734.32 OF THE REVISED CODE IS GUILTY OF A MINOR 3,947
MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE 3,948
PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT 3,949
THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE 3,950
SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE 3,951
THOUSAND DOLLARS FOR EACH OFFENSE. 3,952
Sec. 4755.65. (A) Nothing in sections 4755.61 to 4755.64 3,961
of the Revised Code shall be construed to prevent or restrict the 3,962
practice, services, or activities of any person who: 3,963
(1) Is an individual authorized under Chapter 4731. of the 3,966
Revised Code to practice medicine and surgery, osteopathic 3,968
medicine and surgery, or podiatry, a dentist licensed under 3,969
Chapter 4715. of the Revised Code, a chiropractor licensed under 3,971
Chapter 4734. of the Revised Code, a dietitian licensed under 3,972
Chapter 4759. of the Revised Code, or a qualified member of any 3,973
other occupation or profession practicing within the scope of the 3,975
person's license or profession and who does not claim to the
public to be an athletic trainer; 3,976
(2) Is employed as an athletic trainer by an agency of the 3,978
United States government and provides athletic training solely 3,979
under the direction or control of the agency by which the person 3,981
is employed; 3,982
(3) Is a student in a board-approved athletic training 3,984
education program leading to a baccalaureate or higher degree 3,985
from an accredited college or university and is performing duties 3,986
that are a part of a supervised course of study; 3,987
(4) Is a nonresident of this state practicing or offering 3,989
to practice athletic training, if the nonresident offers athletic 3,990
training services for not more than ninety calendar days per year 3,991
or, with board approval, for more than ninety but not more than 3,992
one hundred eighty calendar days per year and meets either of the 3,993
following requirements:
(a) The nonresident qualifies for licensure under section 3,995
86
4755.62 of the Revised Code, except for passage of the 3,996
examination required under division (C)(7) of that section; 3,997
(b) The nonresident holds a valid license issued by a 3,999
state that has licensure requirements considered by the athletic 4,000
trainers section of the Ohio occupational therapy, physical 4,001
therapy, and athletic trainers board to be comparable to those of 4,002
this state. 4,003
(5) Provides athletic training only to relatives or in 4,005
medical emergencies; 4,006
(6) Provides gratuitous care to friends or members of the 4,009
person's family;
(7) Provides only self-care. 4,011
(B) Nothing in this chapter shall be construed to prevent 4,013
any person licensed under Chapter 4723. of the Revised Code and 4,014
whose license is in good standing, any person authorized under 4,015
Chapter 4731. of the Revised Code to practice medicine and 4,017
surgery or osteopathic medicine and surgery and whose certificate 4,018
to practice is in good standing, any person authorized under 4,019
Chapter 4731. of the Revised Code to practice podiatry and whose 4,020
certificate to practice is in good standing, any person licensed 4,021
and registered under Chapter 4734. of the Revised Code to 4,022
practice chiropractic and whose license is in good standing, any 4,023
person licensed as a dietitian under Chapter 4759. of the Revised 4,024
Code to practice dietetics and whose license is in good standing, 4,025
any person licensed as a physical therapist under this chapter to 4,026
practice physical therapy and whose license is in good standing, 4,027
or any association, corporation, or partnership from advertising, 4,028
describing, or offering to provide athletic training, or billing 4,029
for athletic training if the athletic training services are 4,030
provided by a person licensed under this chapter and practicing 4,031
within the scope of the person's license, by a person licensed 4,033
under Chapter 4723. of the Revised Code and practicing within the 4,034
scope of the person's license, by a person authorized under 4,036
Chapter 4731. of the Revised Code to practice podiatry, by a 4,037
87
person authorized under Chapter 4731. of the Revised Code to 4,038
practice medicine and surgery or osteopathic medicine and 4,039
surgery, by a person licensed under Chapter 4734. of the Revised 4,040
Code to practice chiropractic, or by a person licensed under 4,041
Chapter 4759. of the Revised Code to practice dietetics. 4,042
(C) Nothing in this chapter shall be construed as 4,044
authorizing a licensed athletic trainer to practice medicine and 4,045
surgery, osteopathic medicine and surgery, podiatry, or 4,046
chiropractic. 4,047
Sec. 5903.12. (A) As used in this section: 4,056
(1) "Continuing education" means continuing education 4,058
required of a licensee by law and includes, but is not limited 4,059
to, the continuing education required of licensees under sections 4,060
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24, 4,061
4725.16, 4725.51, 4731.281, 4734.25, 4735.141, 4736.11, 4741.16, 4,063
4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and 4763.07 4,065
of the Revised Code.
(2) "License" means a license, certificate, permit, or 4,067
other authorization issued or conferred by a licensing agency 4,068
under which a licensee may engage in a profession, occupation, or 4,069
occupational activity. 4,070
(3) "Licensee" means a person to whom all of the following 4,072
apply: 4,073
(a) The person has been issued a license by a licensing 4,075
agency. 4,076
(b) The person is a member of the Ohio national guard, the 4,078
Ohio military reserve, the Ohio naval militia, or a reserve 4,079
component of the armed forces of the United States. 4,080
(c) The person has been called to active duty, whether 4,082
inside or outside the United States, because of an executive 4,084
order issued by the president of the United States or an act of 4,085
congress, for a period in excess of thirty-one days. 4,086
(4) "Licensing agency" means any state department, 4,088
division, board, commission, agency, or other state governmental 4,089
88
unit authorized by the Revised Code to issue a license. 4,090
(5) "Reporting period" means the period of time during 4,092
which a licensee must complete the number of hours of continuing 4,093
education required of the licensee by law. 4,094
(B) Each licensing agency, upon receiving an application 4,096
from one of its licensees that is accompanied by proper 4,097
documentation certifying that the licensee has been called to 4,098
active duty as described in division (A)(3)(c) of this section 4,100
during the current or a prior reporting period and certifying the 4,101
length of that active duty, shall extend the current reporting 4,102
period by an amount of time equal to the total number of months 4,103
that the licensee spent on active duty during the current 4,104
reporting period. For purposes of this division, any portion of 4,105
a month served on active duty shall be considered one full month. 4,106
Section 2. That existing sections 119.06, 119.12, 121.22, 4,108
125.22, 2305.11, 2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 4,110
3729.40, 4734.01, 4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4,111
4734.07, 4734.08, 4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4,112
4734.12, 4734.13, 4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4,113
4734.19, 4734.20, 4734.21, 4734.22, 4734.23, 4734.99, 4755.65, 4,114
and 5903.12 of the Revised Code are hereby repealed. 4,115
Section 3. This act shall be known as the Patient 4,117
Protection and Professional Standards Act of 2000. 4,118
Section 4. Wherever the Chiropractic Examining Board or 4,120
its secretary are referred to in any law, contract, or other 4,121
document, the reference shall be deemed to refer to the State 4,122
Chiropractic Board or its executive director, whichever is 4,123
appropriate. No action or proceeding pending on the effective 4,124
date of this act is affected by the renaming of the Chiropractic 4,125
Examining Board and shall be prosecuted or defended in the name 4,126
of the State Chiropractic Board or its executive director. 4,127
Section 5. Section 119.12 of the Revised Code is presented 4,129
in this act as a composite of the section as amended by both Am. 4,131
Sub. H.B. 402 and Sub. H.B. 606 of the 122nd General Assembly,
89
with the new language of neither of the acts shown in capital 4,133
letters. This is in recognition of the principle stated in 4,134
division (B) of section 1.52 of the Revised Code that such 4,135
amendments are to be harmonized where not substantively 4,136
irreconcilable and constitutes a legislative finding that such is 4,137
the resulting version in effect prior to the effective date of 4,138
this act.