As Reported by House Health, Retirement and Aging Committee     1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 506    5            

      1999-2000                                                    6            


         REPRESENTATIVES SCHURING-OGG-DePIERO-VAN VYVEN            8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 119.06, 119.12, 121.22, 125.22,     11           

                2317.02, 2929.24, 3701.74, 3719.12, 3719.121,      13           

                3729.40, 4734.01, 4734.02, 4734.03, 4734.04,       14           

                4734.05, 4734.06, 4734.07, 4734.08, 4734.09,       15           

                4734.091, 4734.10, 4734.101, 4734.11, 4734.12,     17           

                4734.13, 4734.14, 4734.15, 4734.16, 4734.17,       19           

                4734.18, 4734.19, 4734.20, 4734.21, 4734.22,       20           

                4734.99, 4755.65, and 5903.12; to amend, for the   22           

                purpose of adopting new section numbers as         23           

                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 (4734.311),  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, 4734.19, 4734.21, and 4734.22 and                      

                sections 4734.162, 4734.201, 4734.26, 4734.27,     37           

                4734.32, 4734.33, 4734.35, 4734.36, 4734.39,       40           

                4734.40, 4734.41, 4734.42, 4734.48, 4734.49, and   41           

                4734.50 of the Revised Code to revise the laws     42           

                pertaining to the regulation of chiropractors and  43           

                to amend the version of section 121.22 of the                   

                                                          2      


                                                                 
                Revised Code that is scheduled to take effect      44           

                December 24, 2000, to continue the provisions of   45           

                this act on and after that effective date.                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        47           

      Section 1.  That sections 119.06, 119.12, 121.22, 125.22,    49           

2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 3729.40, 4734.01,    51           

4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07, 4734.08,     52           

4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12, 4734.13,   53           

4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19, 4734.20,     54           

4734.21, 4734.22, 4734.99, 4755.65, and 5903.12 be amended;        56           

sections 4734.01 (4734.02), 4734.02 (4734.05), 4734.03 (4734.04),  57           

4734.04 (4734.03), 4734.05 (4734.20), 4734.06 (4734.23), 4734.07   58           

(4734.25), 4734.09 (4734.15), 4734.091 (4734.17), 4734.10          59           

(4734.31), 4734.101 (4734.37), 4734.11 (4734.38), 4734.12          60           

(4734.34), 4734.13 (4734.46), 4734.14 (4734.45), 4734.15           61           

(4734.47), 4734.16 (4734.53), 4734.17 (4734.14), 4734.18           62           

(4734.54), 4734.19 (4734.24), 4734.20 (4734.56), 4734.21           63           

(4734.55), 4734.22 (4734.311), and 4734.23 (4734.161) be amended   64           

for the purpose of adopting new section numbers as indicated in    65           

parentheses; and new sections 4734.01, 4734.06, 4734.07, 4734.09,  67           

4734.10, 4734.16, 4734.19, 4734.21, and 4734.22 and sections                    

4734.162, 4734.201, 4734.26, 4734.27, 4734.32, 4734.33, 4734.35,   70           

4734.36, 4734.39, 4734.40, 4734.41, 4734.42, 4734.48, 4734.49,     71           

and 4734.50 of the Revised Code be enacted to read as follows:     72           

      Sec. 119.06.  No adjudication order of an agency shall be    82           

valid unless the agency is specifically authorized by law to make  83           

such order.                                                        84           

      No adjudication order shall be valid unless an opportunity   86           

for a hearing is afforded in accordance with sections 119.01 to    87           

119.13 of the Revised Code.  Such opportunity for a hearing shall  88           

be given before making the adjudication order except in those      89           

situations where this section provides otherwise.                  90           

                                                          3      


                                                                 
      The following adjudication orders shall be effective         92           

without a hearing:                                                 93           

      (A)  Orders revoking a license in cases where an agency is   95           

required by statute to revoke a license pursuant to the judgment   96           

of a court;                                                        97           

      (B)  Orders suspending a license where a statute             99           

specifically permits the suspension of a license without a         100          

hearing;                                                           101          

      (C)  Orders or decisions of an authority within an agency    103          

if the rules of the agency or the statutes pertaining to such      104          

agency specifically give a right of appeal to a higher authority   105          

within such agency, to another agency, or to the board of tax      106          

appeals, and also give the appellant a right to a hearing on such  107          

appeal.                                                            108          

      When a statute permits the suspension of a license without   110          

a prior hearing, any agency issuing an order pursuant to such      111          

statute shall afford the person to whom the order is issued a      112          

hearing upon request.                                              113          

      Whenever an agency claims that a person is required by       115          

statute to obtain a license, it shall afford a hearing upon the    116          

request of a person who claims that the law does not impose such   117          

a requirement.                                                     118          

      Every agency shall afford a hearing upon the request of any  120          

person who has been refused admission to an examination where      121          

such examination is a prerequisite to the issuance of a license    122          

unless a hearing was held prior to such refusal.                   123          

      Unless a hearing was held prior to the refusal to issue the  125          

license, every agency shall afford a hearing upon the request of   126          

a person whose application for a license has been rejected and to  127          

whom the agency has refused to issue a license, whether it is a    128          

renewal or a new license, except that the following are not        129          

required to afford a hearing to a person to whom a new license     130          

has been refused because the person failed a licensing             131          

examination:  the state medical board, STATE chiropractic          132          

                                                          4      


                                                                 
examining board, board of examiners of architects, board of        134          

landscape architect examiners, and any section of the Ohio         135          

occupational therapy, physical therapy, and athletic trainers      136          

board.                                                                          

      When periodic registration of licenses is required by law,   138          

the agency shall afford a hearing upon the request of any          139          

licensee whose registration has been denied, unless a hearing was  140          

held prior to such denial.                                         141          

      When periodic registration of licenses or renewal of         143          

licenses is required by law, a licensee who has filed his AN       144          

application for registration or renewal within the time and in     145          

the manner provided by statute or rule of the agency, shall not    146          

be required to discontinue a licensed business or profession       147          

merely because of the failure of the agency to act on his THE      148          

LICENSEE'S application.  Action of an agency rejecting any such    150          

application shall not be effective prior to fifteen days after     151          

notice of the rejection is mailed to the licensee.                 152          

      Sec. 119.12.  Any party adversely affected by any order of   161          

an agency issued pursuant to an adjudication denying an applicant  162          

admission to an examination, or denying the issuance or renewal    163          

of a license or registration of a licensee, or revoking or         164          

suspending a license, or allowing the payment of a forfeiture      165          

under section 4301.252 of the Revised Code, may appeal from the    166          

order of the agency to the court of common pleas of the county in  167          

which the place of business of the licensee is located or the      168          

county in which the licensee is a resident, except that appeals    169          

from decisions of the liquor control commission, the state         171          

medical board, STATE chiropractic examining board, and board of    172          

nursing shall be to the court of common pleas of Franklin county.  173          

If any such party is not a resident of and has no place of         174          

business in this state, the party may appeal to the court of       176          

common pleas of Franklin county.                                                

      Any party adversely affected by any order of an agency       178          

issued pursuant to any other adjudication may appeal to the court  179          

                                                          5      


                                                                 
of common pleas of Franklin county, except that appeals from       180          

orders of the fire marshal issued under Chapter 3737. of the       181          

Revised Code may be to the court of common pleas of the county in  182          

which the building of the aggrieved person is located.             183          

      This section does not apply to appeals from the department   185          

of taxation.                                                       186          

      Any party desiring to appeal shall file a notice of appeal   188          

with the agency setting forth the order appealed from and the      189          

grounds of the party's appeal.  A copy of such notice of appeal    191          

shall also be filed by the appellant with the court.  Unless       192          

otherwise provided by law relating to a particular agency, such    193          

notices of appeal shall be filed within fifteen days after the     194          

mailing of the notice of the agency's order as provided in this    195          

section.  For purposes of this paragraph, an order includes a      196          

determination appealed pursuant to division (C) of section         197          

119.092 of the Revised Code.                                       198          

      The filing of a notice of appeal shall not automatically     200          

operate as a suspension of the order of an agency.  If it appears  201          

to the court that an unusual hardship to the appellant will        202          

result from the execution of the agency's order pending            203          

determination of the appeal, the court may grant a suspension and  204          

fix its terms.  If an appeal is taken from the judgment of the     205          

court and the court has previously granted a suspension of the     206          

agency's order as provided in this section, such suspension of     207          

the agency's order shall not be vacated and shall be given full    208          

force and effect until the matter is finally adjudicated.  No      209          

renewal of a license or permit shall be denied by reason of such   210          

suspended order during the period of the appeal from the decision  211          

of the court of common pleas.  In the case of an appeal from the   212          

state medical board or STATE chiropractic examining board, the     213          

court may grant a suspension and fix its terms if it appears to    214          

the court that an unusual hardship to the appellant will result    215          

from the execution of the agency's order pending determination of  216          

the appeal and the health, safety, and welfare of the public will  217          

                                                          6      


                                                                 
not be threatened by suspension of the order.  This provision      218          

shall not be construed to limit the factors the court may          219          

consider in determining whether to suspend an order of any other   220          

agency pending determination of an appeal.                         221          

      The final order of adjudication may apply to any renewal of  223          

a license or permit which has been granted during the period of    224          

the appeal.                                                        225          

      Notwithstanding any other provision of this section, any     227          

order issued by a court of common pleas or a court of appeals      228          

suspending the effect of an order of the liquor control            230          

commission issued pursuant to Chapter 4301. or 4303. of the        231          

Revised Code that suspends, revokes, or cancels a permit issued    232          

under Chapter 4303. of the Revised Code, or that allows the        233          

payment of a forfeiture under section 4301.252 of the Revised      235          

Code, shall terminate not more than six months after the date of   236          

the filing of the record of the liquor control commission with     237          

the clerk of the court of common pleas and shall not be extended.  239          

The court of common pleas, or the court of appeals on appeal,      240          

shall render a judgment in that matter within six months after                  

the date of the filing of the record of the liquor control         241          

commission with the clerk of the court of common pleas.  A court   242          

of appeals shall not issue an order suspending the effect of an    243          

order of the liquor control commission that extends beyond six     244          

months after the date on which the record of the liquor control    245          

commission is filed with a court of common pleas.                               

      Notwithstanding any other provision of this section, any     247          

order issued by a court of common pleas suspending the effect of   248          

an order of the state medical board or STATE chiropractic          249          

examining board that limits, revokes, suspends, places on          250          

probation, or refuses to register or reinstate a certificate       251          

issued by the board or reprimands the holder of such a             252          

certificate shall terminate not more than fifteen months after     253          

the date of the filing of a notice of appeal in the court of       254          

common pleas, or upon the rendering of a final decision or order   255          

                                                          7      


                                                                 
in the appeal by the court of common pleas, whichever occurs       256          

first.                                                                          

      Within thirty days after receipt of a notice of appeal from  258          

an order in any case in which a hearing is required by sections    259          

119.01 to 119.13 of the Revised Code, the agency shall prepare     260          

and certify to the court a complete record of the proceedings in   261          

the case.  Failure of the agency to comply within the time         262          

allowed, upon motion, shall cause the court to enter a finding in  263          

favor of the party adversely affected.  Additional time, however,  264          

may be granted by the court, not to exceed thirty days, when it    265          

is shown that the agency has made substantial effort to comply.    266          

Such record shall be prepared and transcribed and the expense of   267          

it shall be taxed as a part of the costs on the appeal.  The       268          

appellant shall provide security for costs satisfactory to the     269          

court of common pleas.  Upon demand by any interested party, the   270          

agency shall furnish at the cost of the party requesting it a      271          

copy of the stenographic report of testimony offered and evidence  272          

submitted at any hearing and a copy of the complete record.        273          

      Notwithstanding any other provision of this section, any     275          

party desiring to appeal an order or decision of the state         276          

personnel board of review shall, at the time of filing a notice    277          

of appeal with the board, provide a security deposit in an amount  278          

and manner prescribed in rules that the board shall adopt in       279          

accordance with this chapter.  In addition, the board is not       280          

required to prepare or transcribe the record of any of its         281          

proceedings unless the appellant has provided the deposit          282          

described above.  The failure of the board to prepare or           283          

transcribe a record for an appellant who has not provided a        284          

security deposit shall not cause a court to enter a finding        285          

adverse to the board.                                              286          

      Unless otherwise provided by law, in the hearing of the      288          

appeal, the court is confined to the record as certified to it by  289          

the agency.  Unless otherwise provided by law, the court may       290          

grant a request for the admission of additional evidence when      291          

                                                          8      


                                                                 
satisfied that such additional evidence is newly discovered and    292          

could not with reasonable diligence have been ascertained prior    293          

to the hearing before the agency.                                  294          

      The court shall conduct a hearing on such appeal and shall   296          

give preference to all proceedings under sections 119.01 to        297          

119.13 of the Revised Code, over all other civil cases,            298          

irrespective of the position of the proceedings on the calendar    299          

of the court.  An appeal from an order of the state medical board  300          

issued pursuant to division (G) of either section 4730.25 or       302          

4731.22 of the Revised Code, or the STATE chiropractic examining   303          

board issued pursuant to section 4734.101 4734.37 of the Revised   304          

Code, or the liquor control commission issued pursuant to Chapter  305          

4301. or 4303. of the Revised Code shall be set down for hearing   306          

at the earliest possible time and takes precedence over all other  307          

actions.  The hearing in the court of common pleas shall proceed   308          

as in the trial of a civil action, and the court shall determine   309          

the rights of the parties in accordance with the laws applicable   310          

to such action.  At such hearing, counsel may be heard on oral     311          

argument, briefs may be submitted, and evidence introduced if the  312          

court has granted a request for the presentation of additional     313          

evidence.                                                                       

      The court may affirm the order of the agency complained of   315          

in the appeal if it finds, upon consideration of the entire        316          

record and such additional evidence as the court has admitted,     317          

that the order is supported by reliable, probative, and            318          

substantial evidence and is in accordance with law.  In the        319          

absence of such a finding, it may reverse, vacate, or modify the   320          

order or make such other ruling as is supported by reliable,       321          

probative, and substantial evidence and is in accordance with      322          

law.  The court shall award compensation for fees in accordance    323          

with section 2335.39 of the Revised Code to a prevailing party,    324          

other than an agency, in an appeal filed pursuant to this          325          

section.                                                           326          

      The judgment of the court shall be final and conclusive      328          

                                                          9      


                                                                 
unless reversed, vacated, or modified on appeal.  Such appeals     329          

may be taken either by the party or the agency, shall proceed as   330          

in the case of appeals in civil actions, and shall be pursuant to  331          

the Rules of Appellate Procedure and, to the extent not in         332          

conflict with those rules, Chapter 2505. of the Revised Code.      333          

Such appeal by the agency shall be taken on questions of law       334          

relating to the constitutionality, construction, or                335          

interpretation of statutes and rules of the agency, and in such    336          

appeal the court may also review and determine the correctness of  337          

the judgment of the court of common pleas that the order of the    338          

agency is not supported by any reliable, probative, and            339          

substantial evidence in the entire record.                         340          

      The court shall certify its judgment to such agency or take  342          

such other action necessary to give its judgment effect.           343          

      Sec. 121.22.  (A)  This section shall be liberally           352          

construed to require public officials to take official action and  353          

to conduct all deliberations upon official business only in open   354          

meetings unless the subject matter is specifically excepted by     355          

law.                                                               356          

      (B)  As used in this section:                                358          

      (1)  "Public body" means any of the following:               360          

      (a)  Any board, commission, committee, council, or similar   362          

decision-making body of a state agency, institution, or            363          

authority, and any legislative authority or board, commission,     364          

committee, council, agency, authority, or similar decision-making  366          

body of any county, township, municipal corporation, school        367          

district, or other political subdivision or local public           368          

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    370          

division (B)(1)(a) of this section;                                371          

      (c)  A court of jurisdiction of a sanitary district          373          

organized wholly for the purpose of providing a water supply for   374          

domestic, municipal, and public use when meeting for the purpose   376          

of the appointment, removal, or reappointment of a member of the   377          

                                                          10     


                                                                 
board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        378          

related to such a district other than litigation involving the     379          

district.  As used in division (B)(1)(c) of this section, "court   380          

of jurisdiction" has the same meaning as "court" in section        381          

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       383          

public business of the public body by a majority of its members.   384          

      (3)  "Regulated individual" means either of the following:   386          

      (a)  A student in a state or local public educational        388          

institution;                                                       389          

      (b)  A person who is, voluntarily or involuntarily, an       391          

inmate, patient, or resident of a state or local institution       392          

because of criminal behavior, mental illness or retardation,       393          

disease, disability, age, or other condition requiring custodial   394          

care.                                                              395          

      (C)  All meetings of any public body are declared to be      397          

public meetings open to the public at all times.  A member of a    398          

public body shall be present in person at a meeting open to the    400          

public to be considered present or to vote at the meeting and for  401          

purposes of determining whether a quorum is present at the         402          

meeting.                                                           403          

      The minutes of a regular or special meeting of any public    406          

body shall be promptly prepared, filed, and maintained and shall   407          

be open to public inspection.  The minutes need only reflect the   408          

general subject matter of discussions in executive sessions        409          

authorized under division (G) or (J) of this section.                           

      (D)  This section does not apply to a grand jury, to an      411          

audit conference conducted by the auditor of state or independent  412          

certified public accountants with officials of the public office   413          

that is the subject of the audit, to the adult parole authority    414          

when its hearings are conducted at a correctional institution for  415          

the sole purpose of interviewing inmates to determine parole or    416          

pardon, to the organized crime investigations commission           417          

                                                          11     


                                                                 
established under section 177.01 of the Revised Code, to the       418          

state medical board when determining whether to suspend a          419          

certificate without a prior hearing pursuant to division (G) of    421          

either section 4730.25 or 4731.22 of the Revised Code, to the      423          

board of nursing when determining whether to suspend a license     424          

without a prior hearing pursuant to division (B) of section        425          

4723.181 of the Revised Code, TO THE STATE CHIROPRACTIC BOARD      426          

WHEN DETERMINING WHETHER TO SUSPEND A LICENSE WITHOUT A HEARING    427          

PURSUANT TO SECTION 4734.37 OF THE REVISED CODE, or to the         429          

executive committee of the emergency response commission when      430          

determining whether to issue an enforcement order or request that  431          

a civil action, civil penalty action, or criminal action be        432          

brought to enforce Chapter 3750. of the Revised Code.                           

      (E)  The controlling board, the development financing        434          

advisory council, the industrial technology and enterprise         435          

advisory council, the tax credit authority, or the minority        437          

development financing advisory board, when meeting to consider     438          

granting assistance pursuant to Chapter 122. or 166. of the        439          

Revised Code, in order to protect the interest of the applicant    440          

or the possible investment of public funds, by unanimous vote of   441          

all board, council, or authority members present, may close the    443          

meeting during consideration of the following information          445          

confidentially received by the authority, council, or board from   446          

the applicant:                                                     448          

      (1)  Marketing plans;                                        450          

      (2)  Specific business strategy;                             452          

      (3)  Production techniques and trade secrets;                454          

      (4)  Financial projections;                                  456          

      (5)  Personal financial statements of the applicant or       458          

members of the applicant's immediate family, including, but not    459          

limited to, tax records or other similar information not open to   461          

public inspection.                                                 462          

      The vote by the authority, council, or board to accept or    466          

reject the application, as well as all proceedings of the                       

                                                          12     


                                                                 
authority, council, or board not subject to this division, shall   469          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           471          

reasonable method whereby any person may determine the time and    472          

place of all regularly scheduled meetings and the time, place,     473          

and purpose of all special meetings.  A public body shall not      474          

hold a special meeting unless it gives at least twenty-four        475          

hours' advance notice to the news media that have requested        476          

notification, except in the event of an emergency requiring        477          

immediate official action.  In the event of an emergency, the      478          

member or members calling the meeting shall notify the news media  479          

that have requested notification immediately of the time, place,   480          

and purpose of the meeting.                                        481          

      The rule shall provide that any person, upon request and     484          

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  485          

business is to be discussed.  Provisions for advance notification  486          

may include, but are not limited to, mailing the agenda of         487          

meetings to all subscribers on a mailing list or mailing notices   488          

in self-addressed, stamped envelopes provided by the person.       489          

      (G)  Except as provided in division (J) of this section,     492          

the members of a public body may hold an executive session only    493          

after a majority of a quorum of the public body determines, by a   494          

roll call vote, to hold an executive session and only at a         496          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     497          

      (1)  To consider the appointment, employment, dismissal,     499          

discipline, promotion, demotion, or compensation of a public       500          

employee or official, or the investigation of charges or           501          

complaints against a public employee, official, licensee, or       502          

regulated individual, unless the public employee, official,        503          

licensee, or regulated individual requests a public hearing.       504          

Except as otherwise provided by law, no public body shall hold an  505          

executive session for the discipline of an elected official for    506          

                                                          13     


                                                                 
conduct related to the performance of the elected official's       507          

official duties or for the elected official's removal from         509          

office.  If a public body holds an executive session pursuant to   511          

division (G)(1) of this section, the motion and vote to hold that  512          

executive session shall state which one or more of the approved    513          

purposes listed in division (G)(1) of this section are the         514          

purposes for which the executive session is to be held, but need   515          

not include the name of any person to be considered at the         516          

meeting.                                                                        

      (2)  To consider the purchase of property for public         518          

purposes, or for the sale of property at competitive bidding, if   519          

premature disclosure of information would give an unfair           520          

competitive or bargaining advantage to a person whose personal,    521          

private interest is adverse to the general public interest.  No    522          

member of a public body shall use division (G)(2) of this section  524          

as a subterfuge for providing covert information to prospective    526          

buyers or sellers.  A purchase or sale of public property is void  527          

if the seller or buyer of the public property has received covert  528          

information from a member of a public body that has not been       529          

disclosed to the general public in sufficient time for other       530          

prospective buyers and sellers to prepare and submit offers.       531          

      If the minutes of the public body show that all meetings     533          

and deliberations of the public body have been conducted in        534          

compliance with this section, any instrument executed by the       535          

public body purporting to convey, lease, or otherwise dispose of   536          

any right, title, or interest in any public property shall be      537          

conclusively presumed to have been executed in compliance with     538          

this section insofar as title or other interest of any bona fide   539          

purchasers, lessees, or transferees of the property is concerned.  540          

      (3)  Conferences with an attorney for the public body        542          

concerning disputes involving the public body that are the         543          

subject of pending or imminent court action;                       544          

      (4)  Preparing for, conducting, or reviewing negotiations    546          

or bargaining sessions with public employees concerning their      547          

                                                          14     


                                                                 
compensation or other terms and conditions of their employment;    548          

      (5)  Matters required to be kept confidential by federal     550          

law or regulations or state statutes;                              551          

      (6)  Specialized details of security arrangements if         553          

disclosure of the matters discussed might reveal information that  554          

could be used for the purpose of committing, or avoiding           555          

prosecution for, a violation of the law;                           556          

      (7)  In the case of a county hospital operated pursuant to   558          

Chapter 339. of the Revised Code, to consider trade secrets, as    560          

defined in section 1333.61 of the Revised Code.                                 

      If a public body holds an executive session to consider any  562          

of the matters listed in divisions (G)(2) to (7) of this section,  564          

the motion and vote to hold that executive session shall state     565          

which one or more of the approved matters listed in those          566          

divisions are to be considered at the executive session.           567          

      A public body specified in division (B)(1)(c) of this        570          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               571          

      (H)  A resolution, rule, or formal action of any kind is     573          

invalid unless adopted in an open meeting of the public body.  A   574          

resolution, rule, or formal action adopted in an open meeting      575          

that results from deliberations in a meeting not open to the       576          

public is invalid unless the deliberations were for a purpose      577          

specifically authorized in division (G) or (J) of this section     578          

and conducted at an executive session held in compliance with      579          

this section.  A resolution, rule, or formal action adopted in an  580          

open meeting is invalid if the public body that adopted the        581          

resolution, rule, or formal action violated division (F) of this   582          

section.                                                           583          

      (I)(1)  Any person may bring an action to enforce this       585          

section.  An action under division (I)(1) of this section shall    587          

be brought within two years after the date of the alleged          588          

violation or threatened violation.  Upon proof of a violation or   589          

threatened violation of this section in an action brought by any   590          

                                                          15     


                                                                 
person, the court of common pleas shall issue an injunction to     591          

compel the members of the public body to comply with its           592          

provisions.                                                        593          

      (2)(a)  If the court of common pleas issues an injunction    595          

pursuant to division (I)(1) of this section, the court shall       596          

order the public body that it enjoins to pay a civil forfeiture    597          

of five hundred dollars to the party that sought the injunction    598          

and shall award to that party all court costs and, subject to      599          

reduction as described in division (I)(2) of this section,         601          

reasonable attorney's fees.  The court, in its discretion, may     602          

reduce an award of attorney's fees to the party that sought the    603          

injunction or not award attorney's fees to that party if the       604          

court determines both of the following:                            605          

      (i)  That, based on the ordinary application of statutory    607          

law and case law as it existed at the time of violation or         608          

threatened violation that was the basis of the injunction, a       609          

well-informed public body reasonably would believe that the        610          

public body was not violating or threatening to violate this       611          

section;                                                           612          

      (ii)  That a well-informed public body reasonably would      614          

believe that the conduct or threatened conduct that was the basis  615          

of the injunction would serve the public policy that underlies     616          

the authority that is asserted as permitting that conduct or       617          

threatened conduct.                                                618          

      (b)  If the court of common pleas does not issue an          620          

injunction pursuant to division (I)(1) of this section and the     621          

court determines at that time that the bringing of the action was  622          

frivolous conduct, as defined in division (A) of section 2323.51   623          

of the Revised Code, the court shall award to the public body all  624          

court costs and reasonable attorney's fees, as determined by the   625          

court.                                                             626          

      (3)  Irreparable harm and prejudice to the party that        628          

sought the injunction shall be conclusively and irrebuttably       629          

presumed upon proof of a violation or threatened violation of      630          

                                                          16     


                                                                 
this section.                                                      631          

      (4)  A member of a public body who knowingly violates an     633          

injunction issued pursuant to division (I)(1) of this section may  634          

be removed from office by an action brought in the court of        635          

common pleas for that purpose by the prosecuting attorney or the   636          

attorney general.                                                  637          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   639          

Revised Code, a veterans service commission shall hold an          640          

executive session for one or more of the following purposes        641          

unless an applicant requests a public hearing:                     642          

      (a)  Interviewing an applicant for financial assistance      644          

under sections 5901.01 to 5901.15 of the Revised Code;             645          

      (b)  Discussing applications, statements, and other          647          

documents described in division (B) of section 5901.09 of the      648          

Revised Code;                                                      649          

      (c)  Reviewing matters relating to an applicant's request    651          

for financial assistance under sections 5901.01 to 5901.15 of the  652          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      654          

applicant for, recipient of, or former recipient of financial      655          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  656          

and shall not exclude representatives selected by the applicant,   658          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   659          

applicant's, recipient's, or former recipient's application for    660          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   662          

or denial of financial assistance under sections 5901.01 to        663          

5901.15 of the Revised Code only in an open meeting of the         665          

commission.  The minutes of the meeting shall indicate the name,   666          

address, and occupation of the applicant, whether the assistance   667          

was granted or denied, the amount of the assistance if assistance  668          

is granted, and the votes for and against the granting of          669          

assistance.                                                                     

                                                          17     


                                                                 
      Sec. 125.22.  (A)  The department of administrative          678          

services shall establish the central service agency to perform     679          

routine support for the following boards and commissions:          680          

      (1)  State board of examiners of architects;                 682          

      (2)  Barber board;                                           684          

      (3)  Chiropractic examining STATE CHIROPRACTIC board;        686          

      (4)  State board of cosmetology;                             688          

      (5)  Accountancy board;                                      690          

      (6)  State dental board;                                     692          

      (7)  State board of optometry;                               694          

      (8)  Ohio occupational therapy, physical therapy, and        696          

athletic trainers board;                                           697          

      (9)  State board of registration for professional engineers  700          

and surveyors;                                                                  

      (10)  State board of sanitarian registration;                702          

      (11)  Board of embalmers and funeral directors;              704          

      (12)  State board of psychology;                             706          

      (13)  Ohio optical dispensers board;                         708          

      (14)  Board of speech pathology and audiology;               710          

      (15)  Counselor and social worker board;                     712          

      (16)  State veterinary medical licensing board;              714          

      (17)  Ohio board of dietetics;                               716          

      (18)  Commission on Hispanic-Latino affairs;                 718          

      (19)  Ohio respiratory care board.                           720          

      (B)(1)  Notwithstanding any other section of the Revised     722          

Code, the agency shall perform the following routine support       723          

services for the boards and commissions named in division (A) of   724          

this section unless the controlling board exempts a board or       725          

commission from this requirement on the recommendation of the      726          

director of administrative services:                               727          

      (a)  Preparing and processing payroll and other personnel    729          

documents;                                                         730          

      (b)  Preparing and processing vouchers, purchase orders,     732          

encumbrances, and other accounting documents;                      733          

                                                          18     


                                                                 
      (c)  Maintaining ledgers of accounts and balances;           735          

      (d)  Preparing and monitoring budgets and allotment plans    737          

in consultation with the boards and commissions;                   738          

      (e)  Maintaining information required by section 3729.40 of  740          

the Revised Code;                                                               

      (f)  Other routine support services that the director of     742          

administrative services considers appropriate to achieve           743          

efficiency.                                                        744          

      (2)  The agency may perform other services which a board or  746          

commission named in division (A) of this section delegates to the  747          

agency and the agency accepts.                                     748          

      (3)  The agency may perform any service for any              750          

professional or occupational licensing board not named in          751          

division (A) of this section or any commission if the board or     752          

commission requests such service and the agency accepts.           753          

      (C)  The director of administrative services shall be the    755          

appointing authority for the agency.                               756          

      (D)  The agency shall determine the fees to be charged to    758          

the boards and commissions, which shall be in proportion to the    759          

services performed for each board or commission.                   760          

      (E)  Each board or commission named in division (A) of this  762          

section and any other board or commission requesting services      763          

from the agency shall pay these fees to the agency from the        764          

general revenue fund maintenance account of the board or           765          

commission or from such other fund as the operating expenses of    766          

the board or commission are paid.  Any amounts set aside for a     767          

fiscal year by a board or commission to allow for the payment of   768          

fees shall be used only for the services performed by the agency   769          

in that fiscal year.  All receipts collected by the agency shall   770          

be deposited in the state treasury to the credit of the central    771          

service agency fund, which is hereby created.  All expenses        772          

incurred by the agency in performing services for the boards or    773          

commissions shall be paid from the fund.                           774          

      (F)  Nothing in this section shall be construed as a grant   776          

                                                          19     


                                                                 
of authority for the central service agency to initiate or deny    777          

personnel or fiscal actions for the boards and commissions.        778          

      Sec. 2317.02.  The following persons shall not testify in    787          

certain respects:                                                  788          

      (A)  An attorney, concerning a communication made to the     790          

attorney by a client in that relation or the attorney's advice to  792          

a client, except that the attorney may testify by express consent  793          

of the client or, if the client is deceased, by the express        794          

consent of the surviving spouse or the executor or administrator   795          

of the estate of the deceased client and except that, if the       796          

client voluntarily testifies or is deemed by section 2151.421 of   797          

the Revised Code to have waived any testimonial privilege under    798          

this division, the attorney may be compelled to testify on the     799          

same subject;                                                                   

      (B)(1)  A physician or a, dentist, OR CHIROPRACTOR           801          

concerning a communication made to the physician or, dentist, OR   803          

CHIROPRACTOR by a patient in that relation or the physician's or   805          

dentist's PRACTITIONER'S advice to a patient, except as otherwise  806          

provided in this division, division (B)(2), and division (B)(3)    807          

of this section, and except that, if the patient is deemed by      808          

section 2151.421 of the Revised Code to have waived any            809          

testimonial privilege under this division, the physician                        

PRACTITIONER may be compelled to testify on the same subject.      810          

      The testimonial privilege established under this division    812          

does not apply, and a physician or, dentist, OR CHIROPRACTOR may   814          

testify or may be compelled to testify, in any of the following    815          

circumstances:                                                                  

      (a)  In any civil action, in accordance with the discovery   817          

provisions of the Rules of Civil Procedure in connection with a    818          

civil action, or in connection with a claim under Chapter 4123.    819          

of the Revised Code, under any of the following circumstances:     820          

      (i)  If the patient or the guardian or other legal           822          

representative of the patient gives express consent;               823          

      (ii)  If the patient is deceased, the spouse of the patient  825          

                                                          20     


                                                                 
or the executor or administrator of the patient's estate gives     827          

express consent;                                                                

      (iii)  If a medical claim, dental claim, chiropractic        829          

claim, or optometric claim, as defined in section 2305.11 of the   830          

Revised Code, an action for wrongful death, any other type of      831          

civil action, or a claim under Chapter 4123. of the Revised Code   832          

is filed by the patient, the personal representative of the        833          

estate of the patient if deceased, or the patient's guardian or    835          

other legal representative.                                                     

      (b)  In any criminal action concerning any test or the       837          

results of any test that determines the presence or concentration  838          

of alcohol, a drug of abuse, or alcohol and a drug of abuse in     839          

the patient's blood, breath, urine, or other bodily substance at   840          

any time relevant to the criminal offense in question.             841          

      (c)  In any criminal action against a physician or,          844          

dentist, OR CHIROPRACTOR.  In such an action, the testimonial      845          

privilege established under this division does not prohibit the    846          

admission into evidence, in accordance with the Rules of           848          

Evidence, of a patient's medical or, dental, OR CHIROPRACTIC       849          

records or other communications between a patient and the          851          

physician or dentist PRACTITIONER that are related to the action   853          

and obtained by subpoena, search warrant, or other lawful means.   854          

A court that permits or compels a physician or dentist                          

PRACTITIONER to testify in such an action or permits the           855          

introduction into evidence of patient records or other             857          

communications in such an action shall require that appropriate    858          

measures be taken to ensure that the confidentiality of any        859          

patient named or otherwise identified in the records is            860          

maintained.  Measures to ensure confidentiality that may be taken  861          

by the court include sealing its records or deleting specific      862          

information from its records.                                      863          

      (2)(a)  If any law enforcement officer submits a written     865          

statement to a health care provider that states that an official   866          

criminal investigation has begun regarding a specified person or   867          

                                                          21     


                                                                 
that a criminal action or proceeding has been commenced against a  868          

specified person, that requests the provider to supply to the      869          

officer copies of any records the provider possesses that pertain               

to any test or the results of any test administered to the         870          

specified person to determine the presence or concentration of     871          

alcohol, a drug of abuse, or alcohol and a drug of abuse in the    872          

person's blood, breath, or urine at any time relevant to the       873          

criminal offense in question, and that conforms to section                      

2317.022 of the Revised Code, the provider, except to the extent   874          

specifically prohibited by any law of this state or of the United  875          

States, shall supply to the officer a copy of any of the           876          

requested records the provider possesses.  If the health care      877          

provider does not possess any of the requested records, the                     

provider shall give the officer a written statement that           878          

indicates that the provider does not possess any of the requested  879          

records.                                                                        

      (b)  If a health care provider possesses any records of the  881          

type described in division (B)(2)(a) of this section regarding     882          

the person in question at any time relevant to the criminal        883          

offense in question, in lieu of personally testifying as to the    884          

results of the test in question, the custodian of the records may  885          

submit a certified copy of the records, and, upon its submission,               

the certified copy is qualified as authentic evidence and may be   886          

admitted as evidence in accordance with the Rules of Evidence.     887          

Division (A) of section 2317.422 of the Revised Code does not      888          

apply to any certified copy of records submitted in accordance     889          

with this division.  Nothing in this division shall be construed   890          

to limit the right of any party to call as a witness the person                 

who administered the test to which the records pertain, the        891          

person under whose supervision the test was administered, the      892          

custodian of the records, the person who made the records, or the  893          

person under whose supervision the records were made.              894          

      (3)(a)  If the testimonial privilege described in division   896          

(B)(1) of this section does not apply as provided in division      897          

                                                          22     


                                                                 
(B)(1)(a)(iii) of this section, a physician or, dentist, OR        899          

CHIROPRACTOR may be compelled to testify or to submit to                        

discovery under the Rules of Civil Procedure only as to a          901          

communication made to the physician or dentist PRACTITIONER by     902          

the patient in question in that relation, or the physician's or    903          

dentist's PRACTITIONER'S advice to the patient in question, that   905          

related causally or historically to physical or mental injuries    906          

that are relevant to issues in the medical claim, dental claim,    907          

chiropractic claim, or optometric claim, action for wrongful       908          

death, other civil action, or claim under Chapter 4123. of the     909          

Revised Code.                                                                   

      (b)  If the testimonial privilege described in division      911          

(B)(1) of this section does not apply to a physician or, dentist,  912          

OR CHIROPRACTOR as provided in division (B)(1)(b) of this          914          

section, the physician or dentist PRACTITIONER, in lieu of                      

personally testifying as to the results of the test in question,   916          

may submit a certified copy of those results, and, upon its        917          

submission, the certified copy is qualified as authentic evidence  919          

and may be admitted as evidence in accordance with the Rules of                 

Evidence.  Division (A) of section 2317.422 of the Revised Code    920          

does not apply to any certified copy of results submitted in       921          

accordance with this division.  Nothing in this division shall be  922          

construed to limit the right of any party to call as a witness     923          

the person who administered the test in question, the person                    

under whose supervision the test was administered, the custodian   924          

of the results of the test, the person who compiled the results,   926          

or the person under whose supervision the results were compiled.   927          

      (4)(a)  As used in divisions (B)(1) to (3) of this section,  929          

"communication" means acquiring, recording, or transmitting any    930          

information, in any manner, concerning any facts, opinions, or     931          

statements necessary to enable a physician or, dentist, OR         933          

CHIROPRACTOR to diagnose, treat, prescribe, or act for a patient.               

A "communication" may include, but is not limited to, any medical  934          

or, dental, OR CHIROPRACTIC COMMUNICATION, office COMMUNICATION,   936          

                                                          23     


                                                                 
or hospital communication such as a record, chart, letter,         937          

memorandum, laboratory test and results, x-ray, photograph,        938          

financial statement, diagnosis, or prognosis.                                   

      (b)  As used in division (B)(2) of this section, "health     940          

care provider" has the same meaning as in section 3729.01 of the   941          

Revised Code.                                                                   

      (5)  Divisions (B)(1), (2), (3), and (4) of this section     943          

apply to doctors of medicine, doctors of osteopathic medicine,     944          

doctors of podiatry, and dentists DOCTORS OF DENTISTRY, AND        945          

DOCTORS OF CHIROPRACTIC.                                           946          

      (6)  Nothing in divisions (B)(1) to (5) of this section      948          

affects, or shall be construed as affecting, the immunity from     949          

civil liability conferred by section 2305.33 of the Revised Code   950          

upon physicians who report an employee's use of a drug of abuse,   951          

or a condition of an employee other than one involving the use of  952          

a drug of abuse, to the employer of the employee in accordance     953          

with division (B) of that section.  As used in division (B)(6) of  955          

this section, "employee," "employer," and "physician" have the     956          

same meanings as in section 2305.33 of the Revised Code.           957          

      (C)  A  member of the clergy, rabbi, priest, or regularly    959          

ordained, accredited, or licensed minister of an established and   961          

legally cognizable church, denomination, or sect, when the member  962          

of the clergy, rabbi, priest, or minister remains accountable to   964          

the authority of that church, denomination, or sect, concerning a  965          

confession made, or any information confidentially communicated,   966          

to the member of the clergy, rabbi, priest, or minister for a      968          

religious counseling purpose in the member of the clergy's,        969          

rabbi's, priest's, or minister's professional character; however,  971          

the member of the clergy, rabbi, priest, or minister may testify   973          

by express consent of the person making the communication, except  974          

when the disclosure of the information is in violation of a        975          

sacred trust.                                                                   

      (D)  Husband or wife, concerning any communication made by   977          

one to the other, or an act done by either in the presence of the  978          

                                                          24     


                                                                 
other, during coverture, unless the communication was made, or     979          

act done, in the known presence or hearing of a third person       980          

competent to be a witness; and such rule is the same if the        981          

marital relation has ceased to exist.                              982          

      (E)  A person who assigns a claim or interest, concerning    984          

any matter in respect to which the person would not, if a party,   986          

be permitted to testify;                                                        

      (F)  A person who, if a party, would be restricted under     989          

section 2317.03 of the Revised Code, when the property or thing    990          

is sold or transferred by an executor, administrator, guardian,    991          

trustee, heir, devisee, or legatee, shall be restricted in the     992          

same manner in any action or proceeding concerning the property    993          

or thing.                                                                       

      (G)(1)  A school guidance counselor who holds a valid        995          

educator license from the state board of education as provided     997          

for in section 3319.22 of the Revised Code, a person licensed      998          

under Chapter 4757. of the Revised Code as a professional          999          

clinical counselor, professional counselor, social worker, or      1,000        

independent social worker, or registered under Chapter 4757. of    1,001        

the Revised Code as a social work assistant concerning a           1,002        

confidential communication received from a client in that          1,003        

relation or the person's advice to a client unless any of the      1,005        

following applies:                                                              

      (a)  The communication or advice indicates clear and         1,007        

present danger to the client or other persons.  For the purposes   1,008        

of this division, cases in which there are indications of present  1,009        

or past child abuse or neglect of the client constitute a clear    1,010        

and present danger.                                                1,011        

      (b)  The client gives express consent to the testimony.      1,013        

      (c)  If the client is deceased, the surviving spouse or the  1,015        

executor or administrator of the estate of the deceased client     1,016        

gives express consent.                                             1,017        

      (d)  The client voluntarily testifies, in which case the     1,019        

school guidance counselor or person licensed or registered under   1,020        

                                                          25     


                                                                 
Chapter 4757. of the Revised Code may be compelled to testify on   1,022        

the same subject.                                                               

      (e)  The court in camera determines that the information     1,024        

communicated by the client is not germane to the counselor-client  1,025        

or social worker-client relationship.                              1,026        

      (f)  A court, in an action brought against a school, its     1,028        

administration, or any of its personnel by the client, rules       1,029        

after an in-camera inspection that the testimony of the school     1,030        

guidance counselor is relevant to that action.                     1,031        

      (2)  Nothing in division (G)(1) of this section shall        1,033        

relieve a school guidance counselor or a person licensed or        1,035        

registered under Chapter 4757. of the Revised Code from the        1,037        

requirement to report information concerning child abuse or        1,038        

neglect under section 2151.421 of the Revised Code.                             

      (H)  A mediator acting under a mediation order issued under  1,040        

division (A) of section 3109.052 of the Revised Code or otherwise  1,041        

issued in any proceeding for divorce, dissolution, legal           1,042        

separation, annulment, or the allocation of parental rights and    1,043        

responsibilities for the care of children, in any action or        1,044        

proceeding, other than a criminal, delinquency, child abuse,       1,045        

child neglect, or dependent child action or proceeding, that is    1,046        

brought by or against either parent who takes part in mediation    1,047        

in accordance with the order and that pertains to the mediation    1,048        

process, to any information discussed or presented in the          1,049        

mediation process, to the allocation of parental rights and        1,050        

responsibilities for the care of the parents' children, or to the  1,051        

awarding of visitation rights in relation to their children.       1,052        

      (I)  A communications assistant, acting within the scope of  1,054        

the communication assistant's authority, when providing            1,055        

telecommunications relay service pursuant to section 4931.35 of    1,057        

the Revised Code or Title II of the "Communications Act of 1934,"  1,058        

104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication    1,059        

made through a telecommunications relay service.                   1,060        

      Nothing in this section shall limit any immunity or          1,062        

                                                          26     


                                                                 
privilege granted under federal law or regulation.  Nothing in     1,063        

this section shall limit the obligation of a communications        1,064        

assistant to divulge information or testify when mandated by       1,065        

federal law or regulation or pursuant to subpoena in a criminal    1,066        

proceeding.                                                        1,067        

      Sec. 2929.24.  (A)  The prosecutor in any case against any   1,076        

person licensed, certified, registered, or otherwise authorized    1,077        

to practice under Chapter 3719., 4715., 4723., 4729., 4730.,       1,078        

4731., 4734., or 4741. of the Revised Code shall notify the        1,079        

appropriate licensing board, on forms provided by the board, of    1,081        

any of the following regarding the person:                         1,082        

      (1)  A plea of guilty to, or a conviction of, a felony, or   1,084        

a court order dismissing a felony charge on technical or           1,086        

procedural grounds;                                                             

      (2)  A plea of guilty to, or a conviction of, a misdemeanor  1,088        

committed in the course of practice or in the course of business,  1,090        

or a court order dismissing such a misdemeanor charge on           1,091        

technical or procedural grounds;                                                

      (3)  A plea of guilty to, or a conviction of, a misdemeanor  1,093        

involving moral turpitude, or a court order dismissing such a      1,094        

charge on technical or procedural grounds.                         1,095        

      (B)  The report required by division (A) of this section     1,098        

shall include the name and address of the person, the nature of                 

the offense, and certified copies of court entries in the action.  1,100        

      Sec. 3701.74.  (A)  As used in this section:                 1,109        

      (1)  "Hospital" means any institution registered as a        1,111        

hospital with the department of health pursuant to section         1,112        

3701.07 of the Revised Code.                                       1,113        

      (2)  "Medical record" means any document or combination of   1,115        

documents that pertains to a patient's medical history,            1,116        

diagnosis, prognosis, or medical condition and that is generated   1,117        

and maintained in the process of the patient's health care         1,118        

treatment at a hospital.                                           1,119        

      (3)  "Finalized medical record" means a medical record that  1,121        

                                                          27     


                                                                 
is complete according to a hospital's bylaws OR A PRACTITIONER'S   1,122        

OFFICE POLICY.                                                     1,123        

      (4)  "Patient" means any individual who received health      1,125        

care treatment at a hospital OR FROM A PRACTITIONER.               1,126        

      (5)  "PRACTITIONER" MEANS AN INDIVIDUAL AUTHORIZED UNDER     1,128        

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND         1,129        

SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY OR AN       1,130        

INDIVIDUAL LICENSED UNDER CHAPTER 4734. OF THE REVISED CODE TO     1,131        

PRACTICE CHIROPRACTIC.                                                          

      (B)  A hospital OR PRACTITIONER shall prepare a finalized    1,133        

medical record for each patient who receives health care           1,135        

treatment at the hospital OR FROM THE PRACTITIONER, within a       1,136        

reasonable time after treatment.                                   1,137        

      (C)  A patient who wishes to examine or obtain a copy of     1,139        

part or all of a finalized medical record covering a prior         1,140        

inpatient stay or outpatient PERIOD OF treatment shall submit to   1,141        

the hospital OR PRACTITIONER a signed, written request dated not   1,142        

more than sixty days before the date on which it is submitted.     1,144        

The patient who wishes to obtain a copy of the record shall        1,145        

indicate in the request whether the copy is to be sent to the      1,146        

patient's residence or held for the patient at the hospital OR BY  1,147        

THE PRACTITIONER.  Within a reasonable time after receiving a      1,149        

request that meets the requirements of this division and includes  1,150        

sufficient information to identify the record requested, the       1,151        

hospital OR PRACTITIONER shall permit the patient to examine the   1,152        

record during regular business hours or shall provide a copy of                 

the record in accordance with the request, except that if a        1,153        

physician PRACTITIONER who has treated the patient determines for  1,155        

clearly stated treatment reasons that disclosure of the requested  1,156        

record is likely to have an adverse effect on the patient, the     1,157        

hospital OR PRACTITIONER shall provide the record to a physician   1,158        

PRACTITIONER designated by the patient.  The hospital OR           1,159        

PRACTITIONER shall take reasonable steps to establish the          1,161        

identity of the patient examining, or requesting a copy of, the    1,162        

                                                          28     


                                                                 
patient's record.                                                               

      (D)  If a hospital OR PRACTITIONER fails to furnish a        1,164        

finalized medical record as required by division (C) of this       1,165        

section, the patient who requested the record may bring a civil    1,166        

action to enforce the patient's right of access to the record.     1,167        

      (E)  This section does not apply to medical records whose    1,169        

release is covered by Chapter 1347. or 5122. of the Revised Code   1,170        

or by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug       1,171        

Abuse Patient Records."  Nothing in this section is intended to    1,172        

supersede the confidentiality provisions of sections 2305.24 to    1,173        

2305.251 of the Revised Code.                                      1,174        

      Sec. 3719.12.  Unless a report has been made pursuant to     1,183        

section 2929.24 of the Revised Code, on the conviction of a        1,185        

manufacturer, wholesaler, terminal distributor of dangerous        1,186        

drugs, pharmacist, pharmacy intern, dentist, doctor of medicine    1,187        

or osteopathic medicine CHIROPRACTOR, PHYSICIAN, podiatrist,       1,188        

registered nurse, licensed practical nurse, physician assistant,   1,190        

optometrist, or veterinarian of the violation of this chapter or   1,192        

Chapter 2925. of the Revised Code, the prosecutor in the case      1,193        

promptly shall report the conviction to the board that licensed,   1,194        

certified, or registered the person to practice or to carry on     1,196        

business.  The responsible board shall provide forms to the        1,197        

prosecutor.  Within thirty days of the receipt of this             1,199        

information, the board shall initiate action in accordance with    1,201        

Chapter 119. of the Revised Code to determine whether to suspend                

or revoke the person's license, certificate, or registration.      1,202        

      Sec. 3719.121.  (A)  Except as otherwise provided in         1,211        

section 4723.28, 4723.35, 4730.25, or 4731.22, 4734.39, OR         1,213        

4734.41 of the Revised Code, the license, certificate, or          1,214        

registration of any dentist, doctor of medicine or osteopathic     1,216        

medicine CHIROPRACTOR, PHYSICIAN, podiatrist, registered nurse,    1,217        

licensed practical nurse, physician assistant, pharmacist,         1,218        

pharmacy intern, optometrist, or veterinarian who is or becomes    1,220        

addicted to the use of controlled substances shall be suspended    1,222        

                                                          29     


                                                                 
by the board that authorized the person's license, certificate,    1,223        

or registration until the person offers satisfactory proof to the  1,225        

board that the person no longer is addicted to the use of                       

controlled substances.                                             1,226        

      (B)  If the board under which a person has been issued a     1,229        

license, certificate, or evidence of registration determines that  1,231        

there is clear and convincing evidence that continuation of the    1,232        

person's professional practice or method of prescribing or         1,233        

personally furnishing controlled substances presents a danger of   1,236        

immediate and serious harm to others, the board may suspend the    1,237        

person's license, certificate, or registration without a hearing.  1,238        

Except as otherwise provided in sections 4715.30, 4723.281,        1,239        

4730.25, and 4731.22, AND 4734.36 of the Revised Code, the board   1,241        

shall follow the procedure for suspension without a prior hearing  1,243        

in section 119.07 of the Revised Code.  The suspension shall       1,244        

remain in effect, unless removed by the board, until the board's   1,245        

final adjudication order becomes effective, except that if the     1,246        

board does not issue its final adjudication order within ninety    1,247        

days after the hearing, the suspension shall be void on the        1,248        

ninety-first day after the hearing.                                1,249        

      (C)  On receiving notification pursuant to section 2929.24   1,251        

or 3719.12 of the Revised Code, the board under which a person     1,252        

has been issued a license, certificate, or evidence of             1,253        

registration immediately shall suspend the license, certificate,   1,255        

or registration of that person on a plea of guilty to, a finding   1,258        

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    1,260        

eligibility for intervention in lieu of conviction; a plea of      1,262        

guilty to, or a finding by a jury or court of the person's guilt   1,263        

of, or the person's conviction of an offense in another            1,264        

jurisdiction that is essentially the same as a felony drug abuse   1,265        

offense; or a finding by a court of the person's eligibility for   1,266        

treatment or intervention in lieu of conviction in another         1,267        

jurisdiction.  The board shall notify the holder of the license,   1,268        

                                                          30     


                                                                 
certificate, or registration of the suspension, which shall        1,269        

remain in effect until the board holds an adjudicatory hearing     1,271        

under Chapter 119. of the Revised Code.                            1,272        

      Sec. 3729.40.  (A)  The Ohio health care data center shall   1,281        

conduct annually a survey of the educational background,           1,283        

demographic characteristics, and professional practices of         1,284        

persons licensed, certified, or registered by the following:  the  1,285        

STATE chiropractic examining board; the counselor and social       1,287        

worker board; the state medical board; the board of nursing; the                

Ohio occupational therapy, physical therapy, and athletic          1,288        

trainers board; the state board of optometry; and the state board  1,289        

of psychology.  The public health council shall adopt rules in     1,290        

accordance with Chapter 119. of the Revised Code governing the     1,291        

information to be included in the survey and the process for       1,292        

conducting it.  The department of administrative services shall                 

provide the Ohio health care data center with the full names,      1,293        

types of licenses, and business addresses, that the central        1,294        

service agency maintains under section 125.22 of the Revised Code  1,295        

regarding persons licensed, certified, or registered by the        1,296        

boards specified in this division.  The state medical board shall               

provide the center with similar information regarding persons      1,297        

licensed, certified, or registered by the board.  The survey       1,298        

results shall be used exclusively for statistical purposes and     1,300        

shall be released only in their entirety.                          1,301        

      (B)  Each medical school in this state shall disclose        1,303        

annually to the center, in the form and manner prescribed by the   1,304        

center, all of the following information:                          1,305        

      (1)  The number of entering medical students, according to   1,307        

state and county of residence prior to entering;                   1,308        

      (2)  The number of graduates entering primary care medical   1,310        

residencies in comparison with those entering specialized fields,  1,311        

according to location and type of residency;                       1,312        

      (3)  The number of its graduates completing either primary   1,314        

care or specialty residencies who:                                 1,315        

                                                          31     


                                                                 
      (a)  Proceed directly to practice, according to state and    1,317        

county of practice;                                                1,318        

      (b)  Proceed directly to specialty residency or              1,320        

fellowships.                                                       1,321        

      (4)  The number of its graduates completing specialty        1,323        

residency fellowships who proceed to practice, according to state  1,324        

and county of practice.                                            1,325        

      (C)  Each school of nursing and school of allied health      1,327        

education in this state that awards baccalaureate degrees shall    1,328        

disclose annually to the center, in the form and manner            1,329        

prescribed by the center, all of the following information:        1,330        

      (1)  The number of baccalaureate graduates who proceed       1,332        

directly to practice, according to state and county of practice;   1,333        

      (2)  The number of baccalaureate graduates who proceed       1,335        

directly to post-baccalaureate training;                           1,336        

      (3)  The number of its baccalaureate graduates who complete  1,338        

post-baccalaureate training and proceed to practice, according to  1,339        

state and county of practice.                                      1,340        

      Sec. 4734.01.  AS USED IN THIS CHAPTER, THE "PRACTICE OF     1,342        

CHIROPRACTIC" MEANS UTILIZATION OF THE RELATIONSHIP BETWEEN THE    1,344        

MUSCULO-SKELETAL STRUCTURES OF THE BODY, THE SPINAL COLUMN, AND    1,345        

THE NERVOUS SYSTEM IN THE RESTORATION AND MAINTENANCE OF HEALTH,   1,346        

IN CONNECTION WITH WHICH PATIENT CARE IS CONDUCTED WITH DUE        1,347        

REGARD FOR FIRST AID, HYGIENIC, NUTRITIONAL, AND REHABILITATIVE    1,348        

PROCEDURES AND THE SPECIFIC VERTEBRAL ADJUSTMENT AND MANIPULATION  1,349        

OF THE ARTICULATIONS AND ADJACENT TISSUES OF THE BODY.             1,350        

      Sec. 4734.01 4734.02.  Within thirty days after the          1,359        

effective date of this section the governor shall appoint a THE    1,361        

chiropractic examining board IS HEREBY RENAMED THE STATE           1,363        

CHIROPRACTIC BOARD.  ANY REFERENCE IN THE REVISED CODE TO THE      1,364        

CHIROPRACTIC EXAMINING BOARD MEANS THE STATE CHIROPRACTIC BOARD.   1,365        

      THE BOARD SHALL ASSUME AND EXERCISE ALL OF THE DUTIES        1,368        

CONFERRED ON IT BY THIS CHAPTER CONCERNING THE PRACTICE OF         1,370        

CHIROPRACTIC, CHIROPRACTORS, AND THE REGULATION THEREOF.                        

                                                          32     


                                                                 
      MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE GOVERNOR      1,374        

WITH THE ADVICE AND CONSENT OF THE SENATE.  THE BOARD SHALL BE     1,375        

composed of four chiropractors, each of whom shall be a graduate   1,378        

of an incorporated school or college of chiropractic and who       1,379        

shall have been engaged in the practice of their profession in     1,380        

this state for at least five years next preceding the effective    1,382        

date of this section, and not more than two to be graduates of     1,383        

any one school.  A AND A fifth member shall be a lay person        1,385        

representing the public.  No member of the board shall be a        1,387        

trustee of any school or college of chiropractic, and each THE     1,389        

PUBLIC MEMBER SHALL NOT BE CONNECTED IN ANY MANNER, OTHER THAN AS  1,390        

A CHIROPRACTIC PATIENT, WITH ANY CHIROPRACTOR OR CHIROPRACTIC      1,392        

PRACTICE OR ANY ENTITY THAT ROUTINELY ENGAGES IN BUSINESS WITH     1,393        

MEMBERS OF THE CHIROPRACTIC PROFESSION.  EACH professional         1,395        

member, AT THE TIME OF APPOINTMENT, shall be engaged in full-time  1,396        

practice in the THIS state AND SHALL HAVE BEEN LICENSED BY THE     1,398        

BOARD FOR AT LEAST FIVE YEARS.  Of the initial appointments made   1,399        

to the board two of the members shall be appointed for a term      1,401        

ending two years after the effective date of this section, two     1,402        

for a term ending three years after that date, and one for a term  1,403        

ending four years after that date.  Thereafter, terms              1,404        

      TERMS of office shall be for four years, WITH each term      1,408        

ending on the same day of the same month of the year as did the    1,409        

term which it succeeds.  Each member shall hold office from the    1,410        

date of his appointment until the end of the term for which he     1,411        

was appointed.  NO INDIVIDUAL SHALL SERVE FOR MORE THAN TWO FULL   1,412        

TERMS.  VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR       1,413        

ORIGINAL APPOINTMENTS.  Any member appointed to fill a vacancy     1,415        

occurring prior to the expiration of the term for which his THE    1,416        

MEMBER'S predecessor was appointed shall hold office for the       1,418        

remainder of such THAT term.  Any A member shall continue in       1,419        

office subsequent to the expiration date of his THE MEMBER'S term  1,421        

until his THE MEMBER'S successor takes office, or until a period   1,423        

of sixty days has elapsed, whichever occurs first.  No individual  1,425        

                                                          33     


                                                                 
shall serve for more than two four-year terms.  All appointments   1,426        

made by the governor shall be with the advice and consent of the   1,427        

senate.  Any vacancies occurring on the board shall be filled by   1,428        

the governor for the unexpired term with the advice and consent    1,429        

of the senate.                                                                  

      Sec. 4734.04 4734.03.  Each member of the STATE              1,438        

chiropractic examining board shall be paid at the appropriate      1,441        

rate for those days on which his THE MEMBER'S services or duties   1,442        

are required.  Each member of the board shall be paid at the rate  1,443        

established pursuant to division (J) of section 124.15 of the      1,444        

Revised Code and shall not receive step advancements.  In          1,445        

addition, each board member shall receive his THE MEMBER'S         1,447        

necessary expenses.                                                1,448        

      Sec. 4734.03 4734.04.  (A)  The STATE chiropractic           1,458        

examining board shall hold its annual meeting in this state in     1,459        

September of each year and shall hold other meetings at the times  1,460        

and places that a majority of the board directs.  The A SPECIAL    1,463        

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        1,464        

MEETING SHALL BE CALLED BY THE BOARD'S EXECUTIVE DIRECTOR.         1,465        

      A MAJORITY OF THE BOARD CONSTITUTES A QUORUM FOR THE         1,467        

TRANSACTION OF BUSINESS.  EXCEPT WHEN ACTION IS TAKEN ON BEHALF    1,468        

OF THE BOARD BY THE BOARD'S PRESIDENT UNDER DIVISION (A) OF        1,469        

SECTION 4734.05 OF THE REVISED CODE, THE BOARD MAY NOT TAKE ANY    1,470        

ACTION WITHOUT THE CONCURRENCE OF THREE MEMBERS.  THE BOARD SHALL               

MAKE RULES AS NECESSARY TO GOVERN ITS INTERNAL MANAGEMENT.         1,471        

      (B)  THE board shall keep a record of its proceedings        1,475        

MEETINGS and OTHER OFFICIAL ACTIONS, INCLUDING a register of all   1,477        

applicants for licensure to practice chiropractic.  The register   1,478        

shall show whether an applicant for licensure was rejected or was  1,480        

granted a license.  The books BOARD'S RECORDS and register of the  1,481        

board shall be prima-facie evidence of all matters recorded in     1,483        

them.  The board shall have ADOPT a common seal, shall formulate   1,484        

rules to govern its actions, and, consistent with section          1,485        

                                                          34     


                                                                 
4734.091 of the Revised Code, shall adopt rules governing the      1,486        

practice of chiropractic.  The board shall adopt rules under this  1,489        

chapter according to the procedure of Chapter 119. of the Revised  1,490        

Code WHICH MAY BE USED TO AUTHENTICATE ITS OFFICIAL DOCUMENTS.     1,491        

      Sec. 4734.02 4734.05.  (A)  The members of the STATE         1,501        

chiropractic examining board, within thirty days after their       1,502        

appointment, shall meet and elect ORGANIZE BY ELECTING FROM ITS    1,503        

MEMBERS a president from their own number, and elect or appoint a  1,504        

secretary who need not be one of their number.  The president      1,506        

shall hold his office for two years and until his THE PRESIDENT'S  1,507        

successor is elected and qualified.  Any member and the secretary  1,508        

may administer oaths.  The secretary TAKES OFFICE.  ELECTIONS FOR  1,511        

BOARD PRESIDENT SHALL BE HELD AT EVERY OTHER ANNUAL MEETING OF     1,512        

THE BOARD HELD IN THIS STATE IN SEPTEMBER.                         1,513        

      THE PRESIDENT, SUBJECT TO THE BOARD'S APPROVAL, MAY          1,515        

DESIGNATE ANOTHER MEMBER OF THE BOARD TO SERVE AS VICE-PRESIDENT   1,516        

TO FULFILL THE PRESIDENT'S DUTIES IN THE EVENT THAT THE PRESIDENT  1,518        

IS ABSENT OR INCAPACITATED.  THE VICE-PRESIDENT MAY PERFORM ANY    1,519        

ACTION THAT THE PRESIDENT IS AUTHORIZED TO PERFORM.                1,520        

      THE PRESIDENT MAY MAKE DECISIONS ON BEHALF OF THE BOARD AS   1,523        

FOLLOWS:                                                                        

      (1)  A DECISION REGARDING BOARD ACTIVITIES MAY BE MADE BY    1,526        

THE PRESIDENT IF THE PRESIDENT CONSIDERS THE DECISION TO BE MINOR  1,527        

AND DETERMINES THAT MAKING THE DECISION WILL FACILITATE THE        1,528        

RESPONSIVENESS AND EFFECTIVENESS OF THE BOARD;                                  

      (2)  A DECISION INVOLVING A SITUATION THAT REQUIRES          1,530        

IMMEDIATE BOARD ATTENTION MAY BE MADE BY THE PRESIDENT IF THE      1,531        

CIRCUMSTANCES SURROUNDING THE SITUATION MAKE HOLDING A BOARD       1,532        

MEETING IMPRACTICAL.  AT THE EARLIEST TIME POSSIBLE, THE           1,533        

PRESIDENT SHALL REPORT THE DECISION TO THE MEMBERS OF THE BOARD    1,534        

AND THE BOARD SHALL MEET TO RATIFY OR NULLIFY THE DECISION.        1,536        

      (B)  THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR WHO       1,540        

SHALL SERVE AS THE BOARD'S SECRETARY AND SHALL PERFORM ALL OTHER   1,541        

DUTIES PRESCRIBED BY THE BOARD OR THIS CHAPTER.  WHILE SERVING AS               

                                                          35     


                                                                 
EXECUTIVE DIRECTOR, THE INDIVIDUAL APPOINTED SHALL RESIDE IN THIS  1,543        

STATE AND MAY NOT SERVE AS A MEMBER OF THE BOARD.                  1,544        

      THE EXECUTIVE DIRECTOR SHALL BE IN THE UNCLASSIFIED SERVICE  1,547        

OF THIS STATE.  THE BOARD SHALL FIX THE EXECUTIVE DIRECTOR'S       1,548        

COMPENSATION AND REIMBURSE THE EXECUTIVE DIRECTOR FOR NECESSARY    1,549        

EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES.  PRIOR    1,550        

TO ENTERING INTO THE OFFICIAL DUTIES OF OFFICE, THE EXECUTIVE      1,551        

DIRECTOR SHALL TAKE AND SUBSCRIBE AN OATH OF OFFICE AND shall      1,553        

give to the treasurer of the state a bond in the penal sum of                   

five FIFTY thousand dollars with sufficient sureties to be         1,554        

approved by the governor for the faithful discharge of his THE     1,556        

duties.  The secretary shall receive his necessary expenses        1,558        

incurred in the performance of his official duties, and his        1,559        

compensation shall be fixed by the board.  A majority of the       1,560        

board constitutes a quorum for the transaction of business.  No    1,561        

action of the board is valid without the concurrence of three      1,562        

members.  The board shall appoint and fix the compensation of      1,563        

such employees as are necessary to carry out the purposes of this  1,564        

chapter.                                                                        

      THE EXECUTIVE DIRECTOR IS THE BOARD'S APPOINTING AUTHORITY,  1,567        

AS DEFINED IN SECTION 124.01 OF THE REVISED CODE.  WITH THE        1,569        

BOARD'S APPROVAL, THE EXECUTIVE DIRECTOR MAY APPOINT ANY           1,570        

EMPLOYEES NECESSARY TO CARRY OUT THE BOARD'S FUNCTIONS, INCLUDING  1,571        

INVESTIGATIVE PERSONNEL AND OTHER EMPLOYEES TO PERFORM             1,572        

PROFESSIONAL, CLERICAL, AND SPECIAL WORK, AND MAY ESTABLISH        1,573        

STANDARDS FOR THE CONDUCT OF AND THE AUTHORITY TO BE GRANTED TO    1,574        

THE BOARD'S EMPLOYEES.                                             1,575        

      Sec. 4734.06.  THE STATE CHIROPRACTIC BOARD MAY APPOINT      1,578        

COMMITTEES OR OTHER GROUPS TO ASSIST IT IN FULFILLING ITS DUTIES.  1,579        

A COMMITTEE OR GROUP MAY CONSIST OF BOARD MEMBERS, OTHER           1,580        

INDIVIDUALS WITH APPROPRIATE BACKGROUNDS, OR BOTH BOARD MEMBERS    1,581        

AND OTHER INDIVIDUALS WITH APPROPRIATE BACKGROUNDS.  ANY           1,582        

COMMITTEE OR GROUP APPOINTED SHALL ACT UNDER THE DIRECTION OF THE  1,583        

BOARD AND SHALL PERFORM ITS FUNCTIONS WITHIN THE LIMITS            1,584        

                                                          36     


                                                                 
ESTABLISHED BY THE BOARD.  MEMBERS OF A COMMITTEE OR GROUP MAY BE  1,585        

REIMBURSED BY THE BOARD FOR ANY EXPENSES INCURRED IN THE           1,586        

PERFORMANCE OF THEIR DUTIES.                                                    

      Sec. 4734.07.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE     1,589        

STATE CHIROPRACTIC BOARD, A CURRENT OR FORMER BOARD MEMBER, AN                  

AGENT OF THE BOARD, A REPRESENTATIVE OF THE BOARD, OR AN EMPLOYEE  1,593        

OF THE BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS  1,594        

THE RESULT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION  1,595        

RELATED TO OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO     1,596        

THIS CHAPTER.  IF ANY OF THOSE PERSONS ASKS TO BE DEFENDED BY THE  1,598        

STATE AGAINST ANY CLAIM OR ACTION ARISING OUT OF ANY ACT,          1,600        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO THE          1,601        

PERSON'S OFFICIAL DUTIES, AND THE REQUEST IS MADE IN WRITING AT A  1,602        

REASONABLE TIME BEFORE TRIAL AND THE PERSON REQUESTING DEFENSE     1,603        

COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE CLAIM OR ACTION,    1,604        

THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S DEFENSE AND       1,605        

SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR SETTLEMENT.  AT   1,606        

NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM OR JUDGMENT THAT   1,607        

IS FOR PUNITIVE OR EXEMPLARY DAMAGES.                                           

      Sec. 4734.08.  Every person who receives a license to        1,616        

practice chiropractic from the THE STATE chiropractic examining    1,617        

board shall, before beginning the practice of his profession in    1,620        

this state, record the license or a certified copy thereof with    1,622        

the probate court of the county in which he expects to practice.   1,623        

Until such license is filed for record, the holder thereof shall   1,624        

exercise none of the rights or privileges conferred therein.  The  1,626        

probate judge shall keep in a book provided for that purpose a     1,628        

complete list of all the licenses recorded by him with the date    1,630        

of the recording of such licenses.  Each holder of a license                    

shall pay to the probate court a fee of two dollars for making     1,631        

such record.  The probate judge shall also note the revocation or  1,632        

suspension of a certificate by the chiropractic examining board,   1,634        

or the death or change of location of the holder of a certificate  1,635        

in the margin of a record.  It shall be the duty of the            1,637        

                                                          37     


                                                                 
chiropractic examining board and of each certificate holder to                  

supply such information to the probate judge.  If the holder of a  1,638        

certificate changes his place of residence, he shall have the      1,640        

certificate recorded by the probate judge of the county into       1,643        

which he removes BECOME A MEMBER OF THE FEDERATION OF              1,644        

CHIROPRACTIC LICENSING BOARDS.  THE BOARD MAY PARTICIPATE IN ANY   1,645        

OF THE FEDERATION'S ACTIVITIES, INCLUDING REPORTING BOARD ACTIONS  1,646        

TAKEN TOWARD AN APPLICANT OR LICENSE HOLDER TO ANY DATA BANK       1,647        

ESTABLISHED BY THE FEDERATION.                                     1,648        

      Sec. 4734.09.  THE BOARD MAY ENTER INTO CONTRACTS WITH ANY   1,650        

PERSON OR GOVERNMENT ENTITY TO CARRY OUT THE INTENT OF THIS        1,651        

CHAPTER AND THE RULES ADOPTED UNDER IT, ANY OTHER APPLICABLE       1,652        

STATE STATUTES OR RULES, AND ANY APPLICABLE FEDERAL STATUTES OR    1,653        

REGULATIONS.                                                       1,654        

      Sec. 4734.10.  IN ADDITION TO RULES THAT ARE REQUIRED BY     1,658        

THIS CHAPTER TO BE ADOPTED, THE STATE CHIROPRACTIC BOARD MAY                    

ADOPT ANY OTHER RULES NECESSARY TO GOVERN THE PRACTICE OF          1,659        

CHIROPRACTIC AND TO ADMINISTER AND ENFORCE THIS CHAPTER.  THE      1,660        

RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE      1,662        

REVISED CODE.                                                                   

      Sec. 4734.17 4734.14.  (A)(1)  No person shall ENGAGE IN     1,672        

THE practice OF chiropractic without a certificate from the        1,674        

chiropractic examining board, except a person to whom a current                 

or original certificate to practice chiropractic has been, VALID   1,676        

LICENSE issued by the STATE chiropractic examining board under     1,678        

this chapter.  No                                                  1,679        

      (2)  EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, NO  1,682        

person shall advertise or announce the person as CLAIM TO BE a     1,683        

chiropractor without, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC      1,684        

PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION WITH THE       1,685        

PERSON'S NAME, UNLESS THE PERSON HOLDS a certificate CURRENT,      1,688        

VALID LICENSE from the chiropractic examining board.  Subject      1,689        

      (3)  SUBJECT to section 4734.091 4734.17 of the Revised      1,692        

Code, no person who is not a licensee shall open or conduct an     1,694        

                                                          38     


                                                                 
office or other place for the practice of chiropractic without a   1,695        

certificate LICENSE from the board.  Subject                       1,696        

      (4)  SUBJECT to section 4734.091 4734.17 of the Revised      1,699        

Code, no person shall conduct an office in the name of some        1,700        

person who has a certificate LICENSE to practice chiropractic.     1,701        

No                                                                              

      (5)  NO person shall practice chiropractic after a           1,704        

certificate has been revoked or, if a certificate has been         1,705        

suspended, during the time of the suspension IN VIOLATION OF THE   1,707        

PERSON'S LICENSE REVOCATION, FORFEITURE, OR SUSPENSION OR IN       1,708        

VIOLATION OF ANY RESTRICTION, LIMITATION, OR CONDITION PLACED ON   1,709        

THE PERSON'S LICENSE.                                                           

      (6)  NO PERSON SHALL EMPLOY FRAUD OR DECEPTION IN APPLYING   1,711        

FOR OR SECURING A LICENSE TO PRACTICE CHIROPRACTIC OR IN RENEWING  1,712        

A LICENSE TO PRACTICE CHIROPRACTIC.                                1,713        

      (7)  NO PERSON SHALL MAKE, ISSUE, OR PUBLISH, OR CAUSE TO    1,715        

BE MADE, ISSUED, OR PUBLISHED, FOR THE PURPOSE OF SALE, BARTER,    1,716        

OR GIFT, A LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER         1,717        

WRITING OR DOCUMENT FALSELY REPRESENTING THE HOLDER OR RECEIVER    1,718        

THEREOF TO BE LICENSED UNDER THIS CHAPTER OR TO BE A GRADUATE OF   1,719        

A CHIROPRACTIC SCHOOL, COLLEGE, OR OTHER EDUCATIONAL INSTITUTION   1,720        

OF CHIROPRACTIC, OR SELL OR DISPOSE OF, OR OFFER TO SELL OR                     

DISPOSE OF SUCH LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER    1,722        

WRITING OR DOCUMENT CONTAINING SUCH FALSE REPRESENTATION OR USE    1,723        

THE PERSON'S NAME, OR PERMIT IT TO BE USED, AS A SUBSCRIBER TO     1,724        

SUCH FALSE AND FICTITIOUS LICENSE, CERTIFICATE, DIPLOMA, DEGREE,   1,725        

OR OTHER WRITING OR DOCUMENT OR ENGAGE IN THE PRACTICE OF                       

CHIROPRACTIC UNDER AND BY VIRTUE OF SUCH FRAUDULENT LICENSE,       1,726        

CERTIFICATE, DIPLOMA, DEGREE, OR OTHER WRITING OR DOCUMENT.        1,727        

      (B)  A PERSON WHO HAS RETIRED FROM THE PRACTICE OF           1,729        

CHIROPRACTIC IN GOOD STANDING AND DOES NOT MAINTAIN A CURRENT,     1,731        

VALID LICENSE FROM THE BOARD MAY CONTINUE TO CLAIM TO BE A         1,732        

CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC PHYSICIAN,   1,733        

OR USE THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME,   1,735        

                                                          39     


                                                                 
IF THE PERSON DOES NOT ENGAGE IN THE PRACTICE OF CHIROPRACTIC OR   1,736        

OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT.      1,737        

      A PERSON WHOSE LICENSE HAS BEEN CLASSIFIED AS INACTIVE       1,739        

PURSUANT TO SECTION 4734.26 OF THE REVISED CODE MAY CONTINUE TO    1,741        

CLAIM TO BE A CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR             1,742        

CHIROPRACTIC PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION   1,743        

WITH THE PERSON'S NAME, IF THE PERSON DOES NOT ENGAGE IN THE       1,745        

PRACTICE OF CHIROPRACTIC OR OTHERWISE VIOLATE THIS CHAPTER OR THE  1,746        

RULES ADOPTED UNDER IT.                                                         

      (C)  IN ANY PROCEEDING FOR A VIOLATION OF THIS SECTION       1,748        

BROUGHT AGAINST A PERSON WHO IS NOT LICENSED UNDER THIS CHAPTER    1,749        

BUT IS A GRADUATE OF A CHIROPRACTIC COLLEGE APPROVED UNDER         1,750        

SECTION 4734.21 OF THE REVISED CODE, IT SHALL BE AN AFFIRMATIVE    1,751        

DEFENSE THAT THE PERSON IS PERMITTED TO USE THE TERM "DOCTOR" OR   1,753        

THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME, BUT      1,754        

ONLY TO THE EXTENT THAT THE PERSON DOES NOT INDICATE OR ACT IN A   1,755        

MANNER IMPLYING THAT THE PERSON IS LICENSED UNDER THIS CHAPTER OR  1,756        

OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT.      1,758        

      (D)  A certificate DOCUMENT that is signed by the secretary  1,761        

PRESIDENT OR EXECUTIVE DIRECTOR of the board and that has affixed  1,762        

the official seal of the board to the effect that it appears from  1,763        

the records of the board that a certificate LICENSE to practice    1,764        

chiropractic in the THIS state has not been issued to a            1,767        

particular person, or that a certificate LICENSE, if issued, has   1,768        

been revoked or suspended, shall be received as prima-facie        1,769        

evidence of the record of the board in any court or before any     1,771        

officer of the state.                                              1,772        

      Sec. 4734.09 4734.15.  (A)  The license provided for in      1,782        

this chapter shall entitle the holder thereof to practice          1,783        

chiropractic in this state.  For the purpose of this chapter       1,784        

"practice of chiropractic" or "practice as a chiropractor" means   1,785        

utilization of the relationship between the musculo-skeletal       1,786        

structures of the body, the spinal column and the nervous system,  1,787        

in the restoration and maintenance of health, in connection with   1,788        

                                                          40     


                                                                 
which patient care is conducted with due regard for first aid,     1,789        

hygienic, nutritional, and rehabilitative procedures and the       1,790        

specific vertebral adjustment and manipulation of the              1,791        

articulations and adjacent tissues of the body.  The ALL OF THE    1,792        

FOLLOWING APPLY TO THE PRACTICE OF CHIROPRACTIC IN THIS STATE:     1,793        

      (1)  A chiropractor is authorized to examine, diagnose, and  1,796        

assume responsibility for the care of patients.                    1,797        

      The, ANY OR ALL OF WHICH IS INCLUDED IN THE PRACTICE OF      1,799        

CHIROPRACTIC.                                                      1,800        

      (2)  THE practice of chiropractic does not permit the        1,802        

chiropractor to treat infectious, contagious, or venereal          1,803        

disease, to perform surgery or acupuncture, or to prescribe or     1,804        

administer drugs for treatment, and.                               1,805        

      (3)  A CHIROPRACTOR MAY USE roentgen rays shall be used      1,807        

only for diagnostic purposes.  The                                 1,808        

      (4)  THE practice of chiropractic does not include the       1,811        

performance of abortions.                                                       

      (B)  An individual holding a valid, current certificate of   1,813        

registration LICENSE to practice chiropractic is entitled to use   1,814        

the title "doctor," or "doctor of chiropractic," "CHIROPRACTIC     1,817        

PHYSICIAN," OR "CHIROPRACTOR" and is a "physician" for the         1,819        

purposes of Chapter 4123. of the Revised Code, and the MEDICAID    1,820        

program established under section 5111.01 OPERATED PURSUANT TO     1,821        

CHAPTER 5111. of the Revised Code.                                              

      Sec. 4734.16.  THE STATE CHIROPRACTIC BOARD MAY ESTABLISH A  1,823        

CODE OF ETHICS THAT APPLIES TO CHIROPRACTORS AND THEIR PRACTICE    1,824        

OF CHIROPRACTIC IN THIS STATE.  THE BOARD MAY ESTABLISH THE CODE   1,825        

OF ETHICS BY CREATING ITS OWN CODE OF ETHICS OR BY ADOPTING A      1,826        

CODE OF ETHICS CREATED BY A STATE OR FEDERAL ORGANIZATION THAT     1,827        

REPRESENTS THE INTERESTS OF CHIROPRACTORS.  IF A CODE OF ETHICS    1,828        

IS ESTABLISHED, THE BOARD SHALL MAINTAIN CURRENT COPIES OF THE     1,829        

CODE OF ETHICS FOR DISTRIBUTION ON REQUEST.                        1,830        

      Sec. 4734.23 4734.161.  No chiropractor shall do either of   1,839        

the following:                                                     1,840        

                                                          41     


                                                                 
      (A)  Furnish a person with a prescription in order to        1,842        

enable the person to be issued a removable windshield placard,     1,844        

temporary removable windshield placard, or license plates under    1,845        

section 4503.44 of the Revised Code, knowing that the person does  1,846        

not meet any of the criteria contained in division (A)(1) of that  1,847        

section;                                                                        

      (B)  Furnish a person with a prescription described in       1,849        

division (A) of this section and knowingly misstate on the         1,851        

prescription the length of time the chiropractor expects the                    

person to have the disability that limits or impairs the person's  1,853        

ability to walk in order to enable the person to retain a placard  1,855        

issued under section 4503.44 of the Revised Code for a period of   1,856        

time longer than that which would be estimated by a similar        1,858        

practitioner under the same or similar circumstances.              1,859        

      Sec. 4734.162.  A CHIROPRACTOR SHALL FOLLOW THE GUIDELINES   1,861        

OR LIMITS ESTABLISHED IN RULES ADOPTED UNDER THIS SECTION BY THE   1,862        

STATE CHIROPRACTIC BOARD WHEN THE CHIROPRACTOR SOLICITS AS A       1,863        

CHIROPRACTIC PATIENT ANY VICTIM OR RELATIVE OF A VICTIM OF AN      1,864        

ACCIDENT, DISASTER, OR OTHER INCIDENT.  THE BOARD SHALL ADOPT      1,865        

RULES AS IT CONSIDERS NECESSARY TO IMPLEMENT THIS SECTION.  THE    1,866        

RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE      1,867        

REVISED CODE.                                                      1,868        

      Sec. 4734.091 4734.17.  (A)  An individual whom the STATE    1,878        

chiropractic examining board licenses, certificates, or otherwise  1,879        

legally authorizes to engage in the practice of chiropractic may   1,881        

render the professional services of a chiropractor within this     1,882        

state through a corporation formed under division (B) of section   1,883        

1701.03 of the Revised Code, a limited liability company formed                 

under Chapter 1705. of the Revised Code, a partnership, or a       1,885        

professional association formed under Chapter 1785. of the         1,887        

Revised Code.  This division does not preclude an individual of    1,889        

that nature A CHIROPRACTOR from rendering professional services    1,890        

as a chiropractor through another form of business entity,         1,892        

including, but not limited to, a nonprofit corporation or          1,893        

                                                          42     


                                                                 
foundation, or in another manner that is authorized by or in       1,894        

accordance with this chapter, another chapter of the Revised       1,895        

Code, or rules of the STATE chiropractic examining board adopted   1,896        

pursuant to this chapter.                                                       

      (B)  A corporation, limited liability company, partnership,  1,898        

or professional association described in division (A) of this      1,899        

section may be formed for the purpose of providing a combination   1,900        

of the professional services of the following individuals who are  1,901        

licensed, certificated, or otherwise legally authorized to         1,903        

practice their respective professions:                                          

      (1)  Optometrists who are authorized to practice optometry,  1,905        

under Chapter 4725. of the Revised Code;                           1,906        

      (2)  Chiropractors who are authorized to practice            1,908        

chiropractic under this chapter;                                   1,909        

      (3)  Psychologists who are authorized to practice            1,911        

psychology under Chapter 4732. of the Revised Code;                1,912        

      (4)  Registered or licensed practical nurses who are         1,914        

authorized to practice nursing as registered nurses or as          1,915        

licensed practical nurses under Chapter 4723. of the Revised       1,917        

Code;                                                                           

      (5)  Pharmacists who are authorized to practice pharmacy     1,920        

under Chapter 4729. of the Revised Code;                           1,923        

      (6)  Physical therapists who are authorized to practice      1,925        

physical therapy under sections 4755.40 to 4755.53 of the Revised  1,927        

Code;                                                              1,928        

      (7)  Mechanotherapists who are authorized to practice        1,930        

mechanotherapy under section 4731.151 of the Revised Code;         1,933        

      (8)  Doctors of medicine and surgery, osteopathic medicine   1,936        

and surgery, or podiatric medicine and surgery who are authorized  1,937        

for their respective practices under Chapter 4731. of the Revised  1,938        

Code.                                                                           

      This division shall apply notwithstanding a provision of a   1,940        

ANY code of ethics described in division (A)(9) of ESTABLISHED OR  1,942        

ADOPTED UNDER section 4734.10 4734.16 of the Revised Code that     1,943        

                                                          43     


                                                                 
prohibits an individual from engaging in the practice of           1,945        

chiropractic in combination with a person AN INDIVIDUAL who is     1,946        

licensed, certificated, or otherwise authorized for the practice   1,947        

of optometry, psychology, nursing, pharmacy, physical therapy,     1,948        

mechanotherapy, medicine and surgery, osteopathic medicine and     1,949        

surgery, or podiatric medicine and surgery, but who is not also    1,951        

licensed, certificated, or otherwise legally authorized UNDER      1,952        

THIS CHAPTER to engage in the practice of chiropractic.            1,953        

      Sec. 4734.19.  A CHIROPRACTOR SHALL RETAIN AT THE            1,955        

CHIROPRACTOR'S PRIMARY PRACTICE LOCATION A CURRENT COPY OF THE     1,956        

STATUTES AND RULES GOVERNING THE PRACTICE OF CHIROPRACTIC IN THIS  1,957        

STATE.                                                                          

      Sec. 4734.05 4734.20.  Each (A)  EXCEPT FOR PERSONS SEEKING  1,967        

TO PRACTICE CHIROPRACTIC UNDER A SPECIAL LIMITED LICENSE ISSUED    1,968        

PURSUANT TO SECTION 4734.27 OF THE REVISED CODE, EACH person       1,972        

wishing SEEKING to practice chiropractic and be approved for       1,973        

examination for licensure in the THIS state shall make written     1,975        

application APPLY IN WRITING TO THE STATE CHIROPRACTIC BOARD FOR   1,976        

A LICENSE TO PRACTICE CHIROPRACTIC.  THE APPLICATION SHALL BE                   

MADE under oath, on a form prescribed by the board, to the         1,979        

chiropractic examining board, such application to AND SHALL be     1,981        

accompanied by a fee of two hundred fifty dollars.  The board                   

shall issue licenses semiannually upon                             1,982        

      (B)  EXCEPT AS PROVIDED IN SECTIONS 4734.23 AND 4734.24 OF   1,985        

THE REVISED CODE, TO RECEIVE A CHIROPRACTIC LICENSE, AN APPLICANT  1,986        

MUST MEET the following conditions:                                             

      (A)(1)  The applicant shows to the satisfaction of the       1,988        

board that he is MUST BE at least twenty-one years of age, is BE   1,991        

of good moral character, and possesses POSSESS a high school       1,993        

education or its equivalent;                                       1,994        

      (B)  The.                                                    1,996        

      (2)  THE APPLICANT MUST HAVE SUCCESSFULLY COMPLETED, PRIOR   1,998        

TO MATRICULATION AT A SCHOOL OR COLLEGE OF CHIROPRACTIC, AT LEAST  1,999        

TWO YEARS OF COLLEGE CREDIT IN THE ARTS AND SCIENCES AT A COLLEGE  2,001        

                                                          44     


                                                                 
OR UNIVERSITY ACCREDITED BY A STATE OR REGIONAL ACCREDITING        2,002        

ORGANIZATION RECOGNIZED BY THE BOARD, EXCEPT THAT THE BOARD MAY                 

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    2,004        

THAT REQUIRE COMPLETION OF ADDITIONAL YEARS OF COLLEGE CREDIT OR   2,005        

RECEIPT OF A COLLEGE DEGREE IN AN AREA SPECIFIED IN THE RULES.     2,006        

      (3)  THE applicant is MUST BE a graduate of an approved AND  2,009        

HOLD THE DEGREE OF DOCTOR OF CHIROPRACTIC FROM A school or         2,010        

college of chiropractic approved by the board, requiring for       2,012        

graduation a course of study of not less than four thousand class  2,013        

hours of forty-five minutes per class hour;                        2,014        

      (C)  The applicant passes a written examination before the   2,016        

board and to its satisfaction in the following subjects with an    2,017        

average passing grade of not less than seventy-five per cent:      2,018        

      (1)  Principles and practice of chiropractic;                2,020        

      (2)  Anatomy;                                                2,022        

      (3)  Physiology;                                             2,024        

      (4)  Chemistry;                                              2,026        

      (5)  Pathology;                                              2,028        

      (6)  Bacteriology;                                           2,030        

      (7)  Diagnosis;                                              2,032        

      (8)  Hygiene;                                                2,034        

      (9)  Such additional subjects as the board considers         2,036        

appropriate.                                                       2,037        

      Examinations shall be conducted in the city of Columbus in   2,039        

February and August of each year to determine the professional     2,040        

qualifications of applicants for registration as chiropractors     2,041        

UNDER SECTION 4734.21 OF THE REVISED CODE.                         2,042        

      (4)  THE APPLICANT MUST HAVE RECEIVED ONE OF THE FOLLOWING   2,045        

FROM THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS, AS APPROPRIATE  2,046        

ACCORDING TO THE DATE OF THE APPLICANT'S GRADUATION FROM A SCHOOL  2,047        

OR COLLEGE OF CHIROPRACTIC:                                        2,048        

      (a)  IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1,       2,051        

1970, BUT BEFORE JANUARY 1, 1989, A "DIPLOMATE CERTIFICATE" OR     2,053        

"CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS I AND II   2,055        

                                                          45     


                                                                 
AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL BOARD'S              2,056        

EXAMINATIONS;                                                                   

      (b)  IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1,       2,059        

1989, BUT BEFORE JANUARY 1, 2000, A "CERTIFICATE OF ATTAINMENT"    2,061        

EVIDENCING PASSAGE OF PARTS I, II, AND III AND THE PHYSIOTHERAPY   2,064        

SECTION OF THE NATIONAL BOARD'S EXAMINATIONS;                      2,065        

      (c)  IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1,       2,068        

2000, A "CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS    2,070        

I, II, III, AND IV AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL   2,074        

BOARD'S EXAMINATIONS.                                                           

      (5)  THE APPLICANT MUST HAVE PASSED THE BOARD'S              2,076        

JURISPRUDENCE EXAMINATION CONDUCTED UNDER SECTION 4734.22 OF THE   2,077        

REVISED CODE.                                                      2,079        

      (C)  THE BOARD SHALL ISSUE A LICENSE TO PRACTICE             2,082        

CHIROPRACTIC TO EACH APPLICANT WHO FILES A COMPLETE APPLICATION,   2,083        

PAYS ALL APPLICABLE FEES, AND MEETS THE CONDITIONS SPECIFIED IN    2,084        

DIVISION (B) OF THIS SECTION.  THE BURDEN OF PROOF IS ON THE       2,086        

APPLICANT, TO PROVE BY CLEAR AND CONVINCING EVIDENCE TO THE        2,087        

BOARD, THAT THE APPLICANT MEETS THE CONDITIONS FOR RECEIPT OF THE  2,088        

LICENSE.                                                                        

      THE BOARD MAY CONDUCT ANY INVESTIGATION IT CONSIDERS         2,090        

APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL            2,091        

CHARACTER, AND FITNESS TO RECEIVE A LICENSE.  IN CONDUCTING AN     2,092        

INVESTIGATION, THE BOARD MAY REQUEST INFORMATION FROM THE RECORDS  2,094        

MAINTAINED BY THE FEDERAL BUREAU OF INVESTIGATION, THE BUREAU OF   2,095        

CRIMINAL IDENTIFICATION AND INVESTIGATION, AND ANY OTHER           2,096        

REPOSITORIES OF CRIMINAL RECORDS HELD IN THIS OR ANOTHER STATE.                 

THE BOARD MAY CHARGE THE APPLICANT A FEE FOR CONDUCTING THE        2,097        

INVESTIGATION.  THE AMOUNT OF THE FEE SHALL NOT EXCEED THE         2,099        

EXPENSES THE BOARD INCURS IN CONDUCTING THE INVESTIGATION AND MAY  2,100        

INCLUDE ANY FEES THAT MUST BE PAID TO OBTAIN INFORMATION IN THE    2,101        

CRIMINAL RECORD.                                                                

      Sec. 4734.201.  AS USED IN DIVISION (B) OF SECTION 4734.20   2,103        

OF THE REVISED CODE, "PHYSIOTHERAPY" IS A REFERENCE TO A           2,104        

                                                          46     


                                                                 
PARTICULAR SECTION OF THE EXAMINATION OFFERED BY THE NATIONAL      2,105        

BOARD OF CHIROPRACTIC EXAMINERS AND DOES NOT MEAN "PHYSIOTHERAPY"  2,106        

AS THAT TERM IS USED IN RELATION TO THE PRACTICE OF PHYSICAL       2,107        

THERAPY PURSUANT TO SECTIONS 4755.40 TO 4755.56 OF THE REVISED     2,109        

CODE.                                                                           

      Sec. 4734.21.  THE STATE CHIROPRACTIC BOARD SHALL EVALUATE   2,111        

SCHOOLS AND COLLEGES OF CHIROPRACTIC AND APPROVE THOSE             2,112        

INSTITUTIONS THAT IT DETERMINES ARE CAPABLE OF ADEQUATELY          2,113        

TRAINING INDIVIDUALS FOR THE PRACTICE OF CHIROPRACTIC IN THIS      2,114        

STATE, EXCEPT THAT IN APPROPRIATE CASES, THE BOARD MAY ACCEPT THE  2,116        

APPROVAL OF AN INSTITUTION THAT HAS BEEN MADE PURSUANT TO AN                    

EVALUATION CONDUCTED BY THE COUNCIL ON CHIROPRACTIC EDUCATION OR   2,117        

ANOTHER ENTITY ACCEPTABLE TO THE BOARD.                            2,118        

      WHEN DETERMINING IF A SCHOOL OR COLLEGE OF CHIROPRACTIC      2,120        

SHOULD RECEIVE THE BOARD'S APPROVAL OR CONTINUE TO BE APPROVED,    2,121        

THE BOARD MAY MAKE ON-SITE INSPECTIONS, REVIEWS, AND INQUIRIES AS  2,123        

IT CONSIDERS NECESSARY.  THE BOARD MAY CHARGE A SCHOOL OR COLLEGE  2,124        

OF CHIROPRACTIC A FEE TO COVER THE REASONABLE COSTS INCURRED BY    2,125        

THE BOARD IN CONDUCTING ANY INSPECTION, REVIEW, OR INQUIRY         2,126        

RELATED TO THE APPROVAL OF THE SCHOOL OR COLLEGE.                               

      THE BOARD SHALL MAINTAIN A LIST OF SCHOOLS AND COLLEGES OF   2,128        

CHIROPRACTIC APPROVED UNDER THIS SECTION.  ON REQUEST, THE BOARD   2,129        

SHALL PROVIDE A COPY OF THE LIST TO THE PERSON MAKING THE          2,130        

REQUEST.                                                                        

      Sec. 4734.22.  THE STATE CHIROPRACTIC BOARD OR ITS           2,132        

REPRESENTATIVE SHALL ADMINISTER AN EXAMINATION ON JURISPRUDENCE,   2,133        

AS IT RELATES TO THE PRACTICE OF CHIROPRACTIC, FOR INDIVIDUALS     2,134        

WHO APPLY TO BE LICENSED UNDER THIS CHAPTER.  THE EXAMINATION      2,136        

SHALL COVER THE PROVISIONS OF THE STATUTES AND RULES GOVERNING     2,137        

THE PRACTICE OF CHIROPRACTIC IN THIS STATE AND OTHER LEGAL TOPICS  2,138        

CONSIDERED APPROPRIATE BY THE BOARD.  THE EXAMINATION SHALL BE     2,139        

OFFERED AT TIMES AND PLACES SELECTED BY THE BOARD AND SHALL BE     2,140        

ADMINISTERED IN THE MANNER SPECIFIED BY THE BOARD.  THE BOARD      2,141        

SHALL DETERMINE THE SCORE THAT CONSTITUTES EVIDENCE OF PASSING     2,143        

                                                          47     


                                                                 
THE EXAMINATION.                                                                

      Sec. 4734.06 4734.23.  Any applicant who was not enrolled    2,152        

and in attendance at a school or college of chiropractic approved  2,154        

by the chiropractic examining board on November 3, 1975, shall,    2,155        

in addition to the requirements of section 4734.05 of the Revised  2,156        

Code, be required to furnish evidence to the board of              2,157        

satisfactorily completing two or more years of college             2,158        

accreditation in the arts and sciences in a college accredited by  2,159        

a state or regional association board or commission responsible    2,160        

for the accreditation and approval of secondary schools and        2,161        

colleges.                                                          2,162        

      The (A)  A PERSON LICENSED BY ANOTHER STATE OR COUNTRY IN    2,164        

THE PRACTICE OF CHIROPRACTIC MAY APPLY UNDER THIS SECTION FOR A    2,165        

LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE IN LIEU OF          2,166        

APPLYING UNDER SECTION 4734.20 OF THE REVISED CODE.  THE FEE FOR   2,167        

APPLYING UNDER THIS SECTION SHALL BE FIVE HUNDRED DOLLARS.                      

      (B)  THE STATE CHIROPRACTIC board may, without the           2,169        

examination required FOR GOOD CAUSE, WAIVE ALL OR PART OF THE      2,171        

EDUCATIONAL AND TESTING REQUIREMENTS SPECIFIED under section       2,174        

4734.05 4734.20 of the Revised Code, AND issue a license to an     2,175        

applicant UNDER THIS SECTION, if he THE APPLICANT presents         2,177        

satisfactory proof of the possession of a license or certificate   2,179        

of registration which has been issued to the applicant within      2,180        

BEING LICENSED TO PRACTICE CHIROPRACTIC IN another state, or       2,181        

within any foreign country, or if issued a certificate by the      2,182        

national board of chiropractic examiners, where the requirements   2,183        

for RECEIPT OF the registration or certification of the applicant  2,184        

at LICENSE, ON the date of his THE license WAS ISSUED, are         2,187        

considered by the chiropractic examining board to be               2,188        

substantially equivalent to those of this chapter.  The fee for    2,189        

each such license shall be two hundred fifty dollars APPLICANT     2,191        

MUST MEET THE SAME AGE AND MORAL CHARACTER REQUIREMENTS THAT MUST  2,192        

BE MET UNDER SECTION 4734.20 OF THE REVISED CODE.  IF THE BOARD    2,193        

DOES NOT WAIVE ALL OF THE EDUCATIONAL AND TESTING REQUIREMENTS,    2,194        

                                                          48     


                                                                 
THE BOARD MAY REQUIRE THAT THE APPLICANT COMPLETE AND RECEIVE A    2,195        

SCORE SPECIFIED BY THE BOARD ON ONE OR MORE TESTS ADMINISTERED BY  2,198        

THE BOARD OR BY THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS OR    2,199        

ANOTHER TESTING ENTITY.                                            2,200        

      Sec. 4734.19 4734.24.  Any person who is WAS actively        2,210        

engaged in the practice of chiropractic in this state on the       2,211        

effective date of this section NOVEMBER 3, 1975, who, on that      2,212        

date, holds HELD a valid, current certificate issued by the state  2,214        

medical board under THE FORMER PROVISIONS OF Chapter 4731. of the  2,215        

Revised Code authorizing him THE PERSON to practice chiropractic,  2,218        

is deemed to possess the requisite educational and professional                 

qualifications to practice chiropractic in this state.             2,219        

      Sec. 4734.07 4734.25.  Every person who receives a A         2,229        

license to practice chiropractic from the STATE chiropractic       2,230        

examining board shall thereafter apply to the board for renewal    2,232        

EXPIRES ANNUALLY ON THE FIRST DAY OF JANUARY AND MAY BE RENEWED.   2,233        

THE RENEWAL PROCESS SHALL BE CONDUCTED in accordance with section  2,235        

4745.02 THE STANDARD RENEWAL PROCEDURES OF CHAPTER 4745. of the    2,236        

Revised Code, EXCEPT THAT THE BOARD'S EXECUTIVE DIRECTOR SHALL     2,237        

NOTIFY EACH LICENSE HOLDER OF THE LICENSE RENEWAL REQUIREMENTS OF  2,238        

THIS SECTION NOT LATER THAN SIXTY DAYS PRIOR TO THE LICENSE'S      2,239        

EXPIRATION DATE.  AT THE TIME APPLICATION FOR RENEWAL IS MADE,                  

THE APPLICANT SHALL PROVIDE ALL INFORMATION REQUESTED BY THE       2,240        

BOARD and pay a renewal fee of two hundred fifty dollars on or     2,243        

before the first day of January of each succeeding year.  Before   2,244        

      BEFORE a renewal of license is issued by the board, each     2,247        

THE licensee shall furnish the board with satisfactory evidence    2,248        

that the licensee has attended COMPLETED DURING THE CURRENT        2,249        

LICENSING PERIOD not less than one two-day educational program     2,250        

conducted in Ohio by the Ohio state chiropractic association or    2,251        

the equivalent of such educational program held in the state as    2,252        

approved by the board THE NUMBER OF HOURS OF CONTINUING EDUCATION  2,253        

THAT THE BOARD REQUIRES IN RULES ADOPTED UNDER THIS SECTION.  FOR  2,254        

AN ACTIVITY TO BE APPLIED TOWARD THE CONTINUING EDUCATION          2,255        

                                                          49     


                                                                 
REQUIREMENT, THE ACTIVITY MUST MEET THE BOARD'S APPROVAL AS A      2,256        

CONTINUING EDUCATION ACTIVITY, AS SPECIFIED IN RULES ADOPTED       2,257        

UNDER THIS SECTION.  Any exception from the CONTINUING EDUCATION   2,258        

requirement for attendance at such educational programs may MUST   2,260        

be approved by the board.  The secretary of the board shall, at    2,262        

least sixty days prior to the first day of January of each year,   2,263        

notify each licensee, at the licensee's last known address, of     2,264        

the provisions of this section.  Failure                                        

      FAILURE of a licensee to comply with this section, and       2,268        

INCLUDING failure to pay the renewal fee on or before the first    2,270        

day of January of each succeeding year, shall operate as a AN      2,271        

AUTOMATIC forfeiture of the right of the licensee to practice the  2,273        

licensee's profession CHIROPRACTIC in this state.  The licensee A  2,275        

FORFEITED LICENSE may be reinstated by the board upon payment of   2,277        

all fees due and a penalty fee of one hundred fifty dollars for                 

reinstatement, in addition to satisfying the board of compliance   2,279        

HAVING COMPLIED with the educational CONTINUING EDUCATION          2,281        

requirements under OF this section.  IF AN INDIVIDUAL'S LICENSE    2,282        

HAS BEEN FORFEITED FOR TWO OR MORE YEARS, THE BOARD MAY ALSO       2,284        

REQUIRE AS A CONDITION OF REINSTATEMENT THAT THE INDIVIDUAL        2,285        

COMPLETE TRAINING OR TESTING AS SPECIFIED BY THE BOARD.            2,286        

      THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY TO    2,288        

IMPLEMENT THIS SECTION, INCLUDING STANDARDS FOR APPROVAL OF        2,289        

CONTINUING EDUCATION IN THE PRACTICE OF CHIROPRACTIC.  ALL RULES   2,290        

ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN ACCORDANCE WITH     2,292        

CHAPTER 119. OF THE REVISED CODE.                                               

      Sec. 4734.26.  (A)  EXCEPT WHEN THE INDIVIDUAL IS THE        2,294        

SUBJECT OF AN ACTION UNDER SECTION 4734.31 OF THE REVISED CODE,    2,295        

AN INDIVIDUAL LICENSED UNDER THIS CHAPTER WHO INTENDS NOT TO       2,297        

PRACTICE IN THIS STATE FOR AN EXTENDED PERIOD MAY SEND TO THE      2,298        

STATE CHIROPRACTIC BOARD WRITTEN NOTICE TO THAT EFFECT ON OR       2,300        

BEFORE THE LICENSE RENEWAL DATE, AND THE BOARD SHALL CLASSIFY THE  2,301        

LICENSE AS INACTIVE.  DURING THE PERIOD THAT THE LICENSE IS        2,302        

CLASSIFIED AS INACTIVE, THE INDIVIDUAL MAY NOT ENGAGE IN THE       2,303        

                                                          50     


                                                                 
PRACTICE OF CHIROPRACTIC IN THIS STATE OR MAKE ANY REPRESENTATION  2,304        

TO THE PUBLIC INDICATING THAT THE PERSON IS ACTIVELY LICENSED                   

UNDER THIS CHAPTER.  AN INDIVIDUAL WHOSE LICENSE IS CLASSIFIED AS  2,305        

INACTIVE IS NOT REQUIRED TO PAY THE A LICENSE RENEWAL FEE FOR THE  2,307        

LICENSE.                                                                        

      (B)  THE HOLDER OF AN INACTIVE LICENSE MAY APPLY TO THE      2,309        

BOARD TO HAVE THE LICENSE RESTORED.  THE BOARD SHALL CONSIDER THE  2,312        

MORAL CHARACTER AND THE ACTIVITIES OF THE APPLICANT DURING THE     2,313        

INACTIVE LICENSE PERIOD, IN ACCORDANCE WITH THE STANDARDS FOR      2,314        

ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION 4734.20 OF THE     2,315        

REVISED CODE.  THE BOARD MAY IMPOSE TERMS AND CONDITIONS ON        2,317        

RESTORATION OF THE LICENSE BY DOING ANY OF THE FOLLOWING:          2,318        

      (1)  REQUIRING THE APPLICANT TO OBTAIN TRAINING, WHICH MAY   2,320        

INCLUDE REQUIRING THE APPLICANT TO PASS AN EXAMINATION UPON        2,323        

COMPLETION OF THE TRAINING;                                        2,324        

      (2)  REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN      2,326        

EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE;     2,327        

      (3)  RESTRICTING OR LIMITING THE EXTENT, SCOPE, OR TYPE OF   2,329        

PRACTICE OF THE APPLICANT.                                         2,331        

      Sec. 4734.27.  (A)  TO THE EXTENT IT IS IN THE PUBLIC        2,334        

INTEREST, THE STATE CHIROPRACTIC BOARD MAY ISSUE, WITHOUT          2,335        

EXAMINATION, A SPECIAL LIMITED LICENSE TO PRACTICE CHIROPRACTIC    2,336        

AS FOLLOWS:                                                                     

      (1)  TO A PERSON WHO IS SEEKING TO PARTICIPATE IN AN         2,338        

INTERNSHIP, RESIDENCY, PRECEPTORSHIP, OR CLINICAL FELLOWSHIP IN    2,339        

THIS STATE IN PREPARATION FOR THE PRACTICE OF CHIROPRACTIC;        2,341        

      (2)  TO A PERSON WHO PLANS TO PROVIDE CHIROPRACTIC SERVICES  2,344        

IN CONNECTION WITH A SPECIAL ACTIVITY, PROGRAM, OR EVENT           2,345        

CONDUCTED IN THIS STATE, IF THE PERSON HOLDS A CURRENT, VALID,                  

AND UNRESTRICTED LICENSE TO PRACTICE CHIROPRACTIC IN ANOTHER       2,346        

STATE OR COUNTRY;                                                  2,347        

      (3)  TO A PERSON WHO PREVIOUSLY HELD AN UNRESTRICTED         2,349        

LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE WHO PLANS TO OFFER  2,351        

GRATUITOUS CHIROPRACTIC SERVICES AS A VOLUNTARY PUBLIC SERVICE;    2,352        

                                                          51     


                                                                 
      (4)  TO ANY OTHER PERSON FOR ANY OTHER REASON SPECIFIED AS   2,354        

GOOD CAUSE BY THE BOARD IN RULES ADOPTED UNDER THIS SECTION.       2,356        

      (B)  AN APPLICANT FOR A SPECIAL LIMITED LICENSE SHALL        2,359        

SUBMIT TO THE BOARD A COMPLETE APPLICATION ON A FORM PRESCRIBED    2,360        

BY THE BOARD, PAY AN APPLICATION FEE OF SEVENTY-FIVE DOLLARS, AND  2,361        

FURNISH PROOF SATISFACTORY TO THE BOARD OF BEING AT LEAST          2,362        

TWENTY-ONE YEARS OF AGE, OF GOOD MORAL CHARACTER, AND OF EITHER    2,363        

HOLDING THE DEGREE OF DOCTOR OF CHIROPRACTIC OR BEING ENROLLED IN  2,364        

A PROGRAM LEADING TO THE DEGREE.  THE INSTITUTION FROM WHICH THE   2,365        

APPLICANT RECEIVED THE DEGREE OR IN WHICH THE APPLICANT IS         2,366        

ENROLLED MUST BE A SCHOOL OR COLLEGE THAT IS APPROVED BY THE       2,368        

BOARD UNDER SECTION 4734.21 OF THE REVISED CODE.                                

      (C)  THE PROVISIONS OF THIS CHAPTER THAT APPLY TO            2,371        

APPLICANTS FOR AND HOLDERS OF LICENSES TO PRACTICE CHIROPRACTIC    2,372        

SHALL APPLY TO APPLICANTS FOR AND HOLDERS OF SPECIAL LIMITED       2,373        

LICENSES TO THE EXTENT THE BOARD CONSIDERS APPROPRIATE, INCLUDING  2,374        

THE BOARD'S AUTHORITY TO CONDUCT ANY INVESTIGATION IT CONSIDERS    2,375        

APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL            2,376        

CHARACTER, AND FITNESS TO RECEIVE A LICENSE AND THE BOARD'S        2,377        

AUTHORITY TO TAKE ACTIONS UNDER SECTION 4734.31 OF THE REVISED     2,378        

CODE.                                                                           

      (D)  THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY  2,381        

TO IMPLEMENT THIS SECTION.  ALL RULES ADOPTED UNDER THIS SECTION   2,382        

SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED    2,385        

CODE.                                                                           

      Sec. 4734.10 4734.31.  (A)  The STATE chiropractic           2,396        

examining board may refuse, revoke, or suspend TAKE ANY OF THE     2,398        

FOLLOWING ACTIONS AGAINST AN INDIVIDUAL WHO HAS APPLIED FOR OR     2,400        

HOLDS A LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE:            2,401        

      (1)  REFUSE TO ISSUE, RENEW, RESTORE, OR REINSTATE A         2,404        

LICENSE TO PRACTICE CHIROPRACTIC;                                               

      (2)  REPRIMAND OR CENSURE A LICENSE HOLDER;                  2,407        

      (3)  PLACE LIMITS, RESTRICTIONS, OR PROBATIONARY CONDITIONS  2,410        

ON A LICENSE HOLDER'S PRACTICE;                                                 

                                                          52     


                                                                 
      (4)  IMPOSE A CIVIL FINE OF NOT MORE THAN FIVE THOUSAND      2,413        

DOLLARS PER VIOLATION;                                             2,414        

      (5)  SUSPEND A LICENSE for a limited OR INDEFINITE period,   2,416        

the license of an applicant for licensure to practice              2,418        

chiropractic or of a licensed chiropractor;                        2,419        

      (6)  REVOKE A LICENSE;                                       2,421        

      (7)  DISCIPLINE OR RESTRICT AN APPLICANT FOR A LICENSE OR A  2,424        

LICENSE HOLDER IN ANY OTHER MANNER.                                             

      (B)  THE BOARD MAY SPECIFY THAT ANY ACTION IT TAKES UNDER    2,426        

DIVISION (A) OF THIS SECTION IS A PERMANENT ACTION.  FAILURE BY    2,428        

AN INDIVIDUAL TO RENEW A LICENSE DOES NOT REMOVE OR LIMIT THE      2,429        

BOARD'S JURISDICTION TO TAKE ACTION AGAINST THE INDIVIDUAL.        2,430        

      (C)  THE BOARD MAY TAKE THE ACTIONS SPECIFIED IN DIVISION    2,433        

(A) OF THIS SECTION for any of the following causes REASONS:       2,434        

      (1)  Conviction of A PLEA OF GUILTY TO, A JUDICIAL FINDING   2,437        

OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT    2,438        

IN LIEU OF CONVICTION FOR, a felony or of a misdemeanor involving  2,440        

moral turpitude IN ANY JURISDICTION, in either of which cases      2,442        

CASE a certified copy of the court record shall be conclusive      2,443        

evidence, upon receipt of which the board shall revoke or suspend  2,444        

the license of a chiropractor so convicted OF THE CONVICTION;      2,445        

      (2)  Any COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN   2,448        

THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS    2,449        

COMMITTED;                                                                      

      (3)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,    2,451        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF      2,452        

CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE, AS        2,453        

DETERMINED BY THE BOARD, IN WHICH CASE A CERTIFIED COPY OF THE     2,454        

COURT RECORD SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER;           2,455        

      (4)  COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT     2,457        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         2,458        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       2,459        

      (5)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,    2,461        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF      2,462        

                                                          53     


                                                                 
CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF           2,463        

PRACTICE, IN WHICH CASE A CERTIFIED COPY OF THE COURT RECORD       2,464        

SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER;                        2,465        

      (6)  COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT     2,467        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         2,468        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       2,469        

      (7)  ANY DIRECT OR INDIRECT VIOLATION OR ATTEMPTED           2,471        

violation of this chapter OR ANY OF THE RULES ADOPTED UNDER IT     2,473        

GOVERNING THE PRACTICE OF CHIROPRACTIC;                            2,474        

      (8)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY   2,477        

THE BOARD, INCLUDING FAILURE TO COMPLY WITH A SUBPOENA OR ORDER    2,478        

ISSUED BY THE BOARD OR FAILURE TO ANSWER TRUTHFULLY A QUESTION     2,479        

PRESENTED BY THE BOARD AT A DEPOSITION OR IN WRITTEN               2,480        

INTERROGATORIES, EXCEPT THAT FAILURE TO COOPERATE WITH AN          2,481        

INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR DISCIPLINE UNDER    2,482        

THIS SECTION IF THE BOARD OR A COURT OF COMPETENT JURISDICTION     2,483        

HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA OR PERMITS THE  2,484        

INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE IN ISSUE;         2,485        

      (9)  ENGAGING IN AN ONGOING PROFESSIONAL RELATIONSHIP WITH   2,487        

A PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER OR  2,488        

THE RULES ADOPTED UNDER IT, UNLESS THE CHIROPRACTOR MAKES A GOOD   2,490        

FAITH EFFORT TO HAVE THE PERSON OR ENTITY COMPLY WITH THE                       

PROVISIONS;                                                        2,491        

      (10)  RETALIATING AGAINST A CHIROPRACTOR FOR THE             2,493        

CHIROPRACTOR'S REPORTING TO THE BOARD OR ANY OTHER AGENCY WITH     2,494        

JURISDICTION ANY VIOLATION OF THE LAW OR FOR COOPERATING WITH THE  2,495        

BOARD OF ANOTHER AGENCY IN THE INVESTIGATION OF ANY VIOLATION OF   2,496        

THE LAW;                                                           2,497        

      (11)  AIDING, ABETTING, ASSISTING, COUNSELING, OR            2,499        

CONSPIRING WITH ANY PERSON IN THAT PERSON'S VIOLATION OF ANY       2,500        

PROVISION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT,           2,501        

INCLUDING THE PRACTICE OF CHIROPRACTIC WITHOUT A LICENSE, OR       2,502        

AIDING, ABETTING, ASSISTING, COUNSELING, OR CONSPIRING WITH ANY    2,503        

PERSON IN THAT PERSON'S UNLICENSED PRACTICE OF ANY OTHER HEALTH    2,504        

                                                          54     


                                                                 
CARE PROFESSION THAT HAS LICENSING REQUIREMENTS;                   2,505        

      (12)  WITH RESPECT TO A REPORT OR RECORD THAT IS MADE,       2,508        

FILED, OR SIGNED IN CONNECTION WITH THE PRACTICE OF CHIROPRACTIC,               

KNOWINGLY MAKING OR FILING A REPORT OR RECORD THAT IS FALSE,       2,509        

INTENTIONALLY OR NEGLIGENTLY FAILING TO FILE A REPORT OR RECORD    2,510        

REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR WILLFULLY IMPEDING OR  2,511        

OBSTRUCTING THE REQUIRED FILING, OR INDUCING ANOTHER PERSON TO     2,512        

ENGAGE IN ANY SUCH ACTS;                                           2,513        

      (3)  Fraud or deceit in procuring admission to practice;     2,515        

      (4)(13)  MAKING A FALSE, FRAUDULENT, OR DECEITFUL STATEMENT  2,517        

TO THE BOARD OR ANY AGENT OF THE BOARD;                            2,518        

      (14)  ATTEMPTING TO SECURE A LICENSE OR TO CORRUPT THE       2,520        

OUTCOME OF AN OFFICIAL BOARD PROCEEDING THROUGH BRIBERY OR ANY     2,521        

OTHER IMPROPER MEANS;                                              2,522        

      (15)  WILLFULLY OBSTRUCTING OR HINDERING THE BOARD OR ANY    2,524        

AGENT OF THE BOARD IN THE DISCHARGE OF THE BOARD'S DUTIES;         2,525        

      (16)  Habitually using drugs or intoxicants to the extent    2,527        

of rendering the applicant or chiropractor THAT THE PERSON IS      2,528        

RENDERED unfit for the practice of chiropractic or for gross       2,531        

immorality;                                                                     

      (5)  Violation of any rule adopted by the board to govern    2,534        

the practice of chiropractic that is consistent with section       2,535        

4734.091 of the Revised Code;                                                   

      (6)  Being guilty;                                           2,537        

      (17)  INABILITY TO PRACTICE CHIROPRACTIC ACCORDING TO        2,540        

ACCEPTABLE AND PREVAILING STANDARDS OF CARE BY REASON OF CHEMICAL  2,542        

DEPENDENCY, MENTAL ILLNESS, OR PHYSICAL ILLNESS, INCLUDING                      

CONDITIONS IN WHICH PHYSICAL DETERIORATION HAS ADVERSELY AFFECTED  2,544        

THE PERSON'S COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS AND                         

CONDITIONS IN WHICH A CHIROPRACTOR'S CONTINUED PRACTICE MAY POSE   2,546        

A DANGER TO THE CHIROPRACTOR OR THE PUBLIC;                        2,547        

      (18)  ANY ACT CONSTITUTING GROSS IMMORALITY RELATIVE TO THE  2,549        

PERSON'S PRACTICE OF CHIROPRACTIC, INCLUDING ACTS INVOLVING        2,550        

SEXUAL ABUSE, SEXUAL MISCONDUCT, OR SEXUAL EXPLOITATION;           2,551        

                                                          55     


                                                                 
      (19)  EXPLOITING A PATIENT FOR PERSONAL OR FINANCIAL GAIN;   2,553        

      (20)  FAILING TO MAINTAIN PROPER, ACCURATE, AND LEGIBLE      2,555        

RECORDS IN THE ENGLISH LANGUAGE DOCUMENTING EACH PATIENT'S CARE,   2,557        

INCLUDING, AS APPROPRIATE, RECORDS OF THE FOLLOWING:  DATES OF     2,558        

TREATMENT, SERVICES RENDERED, EXAMINATIONS, TESTS, X-RAY REPORTS,  2,559        

REFERRALS, AND THE DIAGNOSIS OR CLINICAL IMPRESSION AND CLINICAL   2,560        

TREATMENT PLAN PROVIDED TO THE PATIENT;                                         

      (21)  EXCEPT AS OTHERWISE REQUIRED BY THE BOARD OR BY LAW,   2,562        

DISCLOSING PATIENT INFORMATION GAINED DURING THE CHIROPRACTOR'S    2,563        

PROFESSIONAL RELATIONSHIP WITH A PATIENT WITHOUT OBTAINING THE     2,565        

PATIENT'S AUTHORIZATION FOR THE DISCLOSURE;                                     

      (22)  COMMISSION of willful and OR gross malpractice, or     2,568        

willful or gross neglect, in the practice of chiropractic;         2,569        

      (7)(23)  FAILING TO PERFORM OR NEGLIGENTLY PERFORMING AN     2,571        

ACT RECOGNIZED BY THE BOARD AS A GENERAL DUTY OR THE EXERCISE OF   2,573        

DUE CARE IN THE PRACTICE OF CHIROPRACTIC, REGARDLESS OF WHETHER    2,574        

INJURY RESULTS TO A PATIENT FROM THE FAILURE TO PERFORM OR         2,575        

NEGLIGENT PERFORMANCE OF THE ACT;                                  2,576        

      (24)  ENGAGING IN ANY CONDUCT OR PRACTICE THAT IMPAIRS OR    2,578        

MAY IMPAIR THE ABILITY TO PRACTICE CHIROPRACTIC SAFELY AND         2,579        

SKILLFULLY;                                                        2,580        

      (25)  PRACTICING, OR CLAIMING TO BE CAPABLE OF PRACTICING,   2,583        

BEYOND THE SCOPE OF THE PRACTICE OF CHIROPRACTIC AS ESTABLISHED    2,584        

UNDER THIS CHAPTER AND THE RULES ADOPTED UNDER THIS CHAPTER;                    

      (26)  ACCEPTING AND PERFORMING PROFESSIONAL                  2,586        

RESPONSIBILITIES AS A CHIROPRACTOR WHEN NOT QUALIFIED TO PERFORM   2,587        

THOSE RESPONSIBILITIES, IF THE PERSON KNEW OR HAD REASON TO KNOW   2,588        

THAT THE PERSON WAS NOT QUALIFIED TO PERFORM THEM;                 2,589        

      (27)  DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES    2,591        

OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL WHEN THE      2,593        

DELEGATING CHIROPRACTOR KNOWS OR HAD REASON TO KNOW THAT THE       2,594        

EMPLOYEE OR OTHER INDIVIDUAL IS NOT QUALIFIED BY TRAINING,         2,595        

EXPERIENCE, OR PROFESSIONAL LICENSURE TO PERFORM THE                            

RESPONSIBILITIES;                                                  2,596        

                                                          56     


                                                                 
      (28)  DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES    2,598        

OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL IN A          2,599        

NEGLIGENT MANNER OR FAILING TO PROVIDE PROPER SUPERVISION OF THE   2,600        

EMPLOYEE OR OTHER INDIVIDUAL TO WHOM THE RESPONSIBILITIES ARE      2,601        

DELEGATED;                                                         2,602        

      (29)  FAILING TO REFER A PATIENT TO ANOTHER HEALTH CARE      2,604        

PRACTITIONER FOR CONSULTATION OR TREATMENT WHEN THE CHIROPRACTOR   2,605        

KNOWS OR HAS REASON TO KNOW THAT THE REFERRAL IS IN THE BEST       2,607        

INTEREST OF THE PATIENT;                                                        

      (30)  Obtaining OR ATTEMPTING TO OBTAIN any fee OR OTHER     2,610        

ADVANTAGE by fraud or misrepresentation;                           2,611        

      (8)(31)  MAKING MISLEADING, DECEPTIVE, FALSE, OR FRAUDULENT  2,614        

REPRESENTATIONS IN THE PRACTICE OF CHIROPRACTIC;                                

      (32)  Being guilty of false, fraudulent, or DECEPTIVE,       2,617        

misleading, OR UNPROFESSIONAL advertising or advertising the       2,618        

prices for which chiropractic services are available; OTHER        2,620        

SOLICITATIONS FOR PATIENTS or having professional connection with  2,621        

any individual, firm, or corporation PERSON that advertises        2,623        

contrary to division (A)(8) of this section;                       2,624        

      (9)  Subject to section 4734.091 of the Revised Code, the    2,626        

violation OR SOLICITS FOR PATIENTS IN SUCH A MANNER;               2,627        

      (33)  SOLICITING ANY VICTIM OR RELATIVE OF A VICTIM OF AN    2,629        

ACCIDENT, INCIDENT, OR DISASTER WITHOUT COMPLYING WITH THE RULES   2,630        

PERTAINING TO MAKING SUCH SOLICITATIONS ADOPTED BY THE BOARD       2,631        

UNDER SECTION 4734.162 OF THE REVISED CODE;                        2,632        

      (34)  VIOLATION of any A provision of the ANY code of        2,635        

ethics of the American chiropractic association or of another      2,637        

national professional organization as determined ESTABLISHED OR    2,638        

ADOPTED by rule of the board.  The board shall obtain and keep on  2,640        

file current copies of the codes of ethics of the national         2,641        

organizations.  A chiropractor whose certificate is being          2,642        

suspended or revoked shall not be found to have violated a code    2,645        

of ethics of an organization not appropriate to the                2,646        

chiropractor's profession.                                         2,647        

                                                          57     


                                                                 
      (10)  Failure of UNDER SECTION 4734.16 OF THE REVISED CODE;  2,649        

      (35)  FAILING TO MEET the licensing examination              2,651        

REQUIREMENTS FOR RECEIPT OF A LICENSE SPECIFIED UNDER SECTION      2,652        

4734.20 OF THE REVISED CODE;                                       2,653        

      (11)(36)  ACTIONS TAKEN FOR ANY REASON, OTHER THAN           2,656        

NONPAYMENT OF FEES, BY THE CHIROPRACTIC LICENSING AUTHORITY OF     2,657        

ANOTHER STATE OR COUNTRY;                                                       

      (37)  FAILING TO MAINTAIN CLEAN AND SANITARY CONDITIONS AT   2,659        

THE CLINIC, OFFICE, OR OTHER PLACE IN WHICH CHIROPRACTIC SERVICES  2,661        

ARE PROVIDED;                                                                   

      (38)  EXCEPT AS PROVIDED IN DIVISION (G) OF THIS SECTION:    2,664        

      (a)  Waiving the payment of all or any part of a deductible  2,666        

or copayment that a patient, pursuant to a health insurance or     2,668        

health care policy, contract, or plan that covers the              2,669        

chiropractor's services, otherwise would be required to pay if     2,672        

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

patients to receive health care services from that provider        2,674        

CHIROPRACTOR;                                                                   

      (12)(b)  Advertising that the chiropractor will waive the    2,677        

payment of all or any part of a deductible or copayment that a     2,679        

patient, pursuant to a health insurance or health care policy,     2,680        

contract, or plan that covers the chiropractor's services,         2,681        

otherwise would be required to pay.                                2,682        

      (B)  For the purpose of investigation of possible            2,684        

violations of this section, the board may administer oaths, order  2,685        

the taking of depositions, issue subpoenas, and compel the         2,686        

attendance of witnesses and the production of books, accounts,     2,687        

papers, records, documents, and testimony.                         2,688        

      (C)  Notwithstanding divisions (A)(11) and (12) of this      2,690        

section, sanctions                                                 2,691        

      (D)  ACTIONS TAKEN BY THE BOARD UNDER DIVISION (A) OF THIS   2,694        

SECTION SHALL BE TAKEN PURSUANT TO AN ADJUDICATION UNDER CHAPTER   2,695        

119. OF THE REVISED CODE, EXCEPT AS FOLLOWS:                       2,696        

      (1)  AN APPLICANT IS NOT ENTITLED TO AN ADJUDICATION FOR     2,698        

                                                          58     


                                                                 
FAILING TO MEET THE CONDITIONS SPECIFIED UNDER SECTION 4734.20 OF  2,700        

THE REVISED CODE FOR RECEIPT OF A LICENSE THAT INVOLVE THE         2,701        

BOARD'S EXAMINATION ON JURISPRUDENCE OR THE EXAMINATIONS OF THE    2,702        

NATIONAL BOARD OF CHIROPRACTIC EXAMINERS;                                       

      (2)  A PERSON IS NOT ENTITLED TO AN ADJUDICATION IF THE      2,704        

PERSON FAILS TO MAKE A TIMELY REQUEST FOR A HEARING, IN            2,705        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE;                  2,706        

      (3)  IN LIEU OF AN ADJUDICATION, THE BOARD MAY ACCEPT THE    2,708        

SURRENDER OF A LICENSE FROM A CHIROPRACTOR;                        2,709        

      (4)  IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A  2,712        

CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF   2,713        

A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT.  A       2,714        

CONSENT AGREEMENT, WHEN RATIFIED BY THE BOARD, SHALL CONSTITUTE    2,716        

THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER     2,717        

ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES TO RATIFY A      2,718        

CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE    2,719        

CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT.                  2,720        

      (E)  WHEN THE BOARD TAKES ANY ACTION THAT INVOLVES A         2,723        

DETERMINATION OF WHETHER A CHIROPRACTOR IS CONFORMING TO           2,724        

APPROPRIATE STANDARDS OF CARE IN THE PRACTICE OF CHIROPRACTIC,     2,725        

THE BOARD MAY RELY ON THE KNOWLEDGE AND DISCRETION OF ITS MEMBERS  2,726        

IN MAKING THE DETERMINATION, NOTWITHSTANDING ANY EXPERT TESTIMONY  2,727        

PRESENTED BY THE CHIROPRACTOR THAT CONTRADICTS THE KNOWLEDGE OR    2,728        

OPINIONS OF THE MEMBERS OF THE BOARD.                              2,729        

      (F)  THE SEALING OF CONVICTION RECORDS BY A COURT SHALL      2,732        

HAVE NO EFFECT ON A PRIOR BOARD ACTION TAKEN UNDER THIS SECTION    2,733        

OR ON THE BOARD'S JURISDICTION TO TAKE ACTION UNDER THIS SECTION   2,734        

IF, BASED ON A PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A   2,735        

JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF           2,736        

CONVICTION, THE BOARD INITIATED AN INVESTIGATION PRIOR TO THE      2,737        

COURT'S ORDER TO SEAL THE RECORDS.  THE BOARD SHALL NOT BE         2,738        

REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS         2,739        

RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS.      2,740        

      (G)  ACTIONS shall not be imposed TAKEN PURSUANT TO          2,743        

                                                          59     


                                                                 
DIVISION (B)(39) OF THIS SECTION against any licensee              2,744        

CHIROPRACTOR who waives deductibles and copayments as follows:     2,747        

      (1)  In compliance with the health benefit plan that         2,749        

expressly allows a practice of that nature.  Waiver of the         2,750        

deductibles or copays COPAYMENTS shall be made only with the full  2,752        

knowledge and consent of the plan purchaser, payer, and                         

third-party administrator.  Documentation of the consent shall be  2,753        

made available to the board upon request.                          2,755        

      (2)  For professional services rendered to any other person  2,757        

licensed pursuant to this chapter, to the extent allowed by this   2,758        

chapter and the rules of the board.                                2,759        

      Sec. 4734.22 4734.311.  On receipt of a notice pursuant to   2,768        

section 2301.373 of the Revised Code, the STATE chiropractic       2,770        

examining board shall comply with that section with respect to a   2,772        

license issued pursuant to this chapter.                                        

      Sec. 4734.32.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION        2,775        

(A)(2) OF THIS SECTION, IF FORMAL DISCIPLINARY ACTION IS TAKEN     2,776        

AGAINST A CHIROPRACTOR BY ANY HEALTH CARE FACILITY, INCLUDING A    2,777        

CLINIC, HOSPITAL, OR SIMILAR FACILITY, THE CHIEF ADMINISTRATOR OR  2,778        

EXECUTIVE OFFICER OF THE FACILITY SHALL FILE A REPORT WITH THE     2,779        

STATE CHIROPRACTIC BOARD NOT LATER THAN SIXTY DAYS AFTER THE       2,780        

DISCIPLINARY ACTION IS IMPOSED.  THE REPORT SHALL INCLUDE THE      2,781        

NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE FACILITY, AND A    2,782        

SUMMARY OF THE UNDERLYING FACTS LEADING TO THE ACTION TAKEN.  ON   2,783        

REQUEST, THE BOARD SHALL BE PROVIDED CERTIFIED COPIES OF THE       2,784        

PATIENT RECORDS THAT WERE THE BASIS FOR THE FACILITY'S ACTION.     2,786        

PRIOR TO RELEASE TO THE BOARD, THE SUMMARY SHALL BE APPROVED BY    2,787        

THE PEER REVIEW COMMITTEE THAT REVIEWED THE CASE OR BY THE         2,788        

GOVERNING BOARD OF THE FACILITY.                                                

      THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO     2,791        

FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR                 

ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A    2,793        

HEALTH CARE FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST A     2,794        

CHIROPRACTOR.                                                                   

                                                          60     


                                                                 
      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       2,796        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  2,797        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     2,798        

      (2)  DISCIPLINARY ACTION TAKEN AGAINST A CHIROPRACTOR BY A   2,800        

CHIROPRACTIC CLINIC NEED NOT BE REPORTED TO THE BOARD IN EITHER    2,801        

OF THE FOLLOWING CIRCUMSTANCES:                                    2,802        

      (a)  THE CLINIC TAKES THE DISCIPLINARY ACTION FOR REASONS    2,804        

THAT DO NOT INVOLVE CLINICAL OR PATIENT CARE ISSUES;               2,805        

      (b)  THE CLINIC EMPLOYS FEWER THAN FIVE CHIROPRACTORS AND    2,807        

THE DISCIPLINARY ACTION TAKEN DOES NOT RISE ABOVE THE LEVEL OF A   2,808        

WRITTEN REPRIMAND.                                                 2,809        

      (B)  A CHIROPRACTOR OR PROFESSIONAL ASSOCIATION OR SOCIETY   2,811        

OF CHIROPRACTORS THAT BELIEVES A VIOLATION OF ANY PROVISION OF     2,813        

THIS CHAPTER OR RULE OF THE BOARD HAS OCCURRED SHALL REPORT TO     2,814        

THE BOARD THE INFORMATION UPON WHICH THE BELIEF IS BASED.  THIS    2,815        

DIVISION DOES NOT REQUIRE ANY TREATMENT PROVIDER APPROVED BY THE   2,817        

BOARD UNDER SECTION 4734.40 OF THE REVISED CODE OR ANY EMPLOYEE,                

AGENT, OR REPRESENTATIVE OF SUCH A PROVIDER TO MAKE REPORTS WITH   2,819        

RESPECT TO A CHIROPRACTOR PARTICIPATING IN TREATMENT OR AFTERCARE  2,820        

FOR SUBSTANCE ABUSE AS LONG AS THE CHIROPRACTOR MAINTAINS          2,821        

PARTICIPATION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION       2,822        

4734.40 OF THE REVISED CODE AND THE TREATMENT PROVIDER OR                       

EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER HAS NO REASON   2,823        

TO BELIEVE THAT THE CHIROPRACTOR HAS VIOLATED ANY PROVISION OF     2,825        

THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED   2,826        

BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  THIS DIVISION DOES NOT    2,827        

REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER        2,828        

COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY          2,829        

REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A   2,830        

PROFESSIONAL ASSOCIATION OR SOCIETY OF CHIROPRACTORS TO PROVIDE                 

PEER ASSISTANCE TO CHIROPRACTORS WITH SUBSTANCE ABUSE PROBLEMS     2,831        

WITH RESPECT TO A CHIROPRACTOR WHO HAS BEEN REFERRED FOR           2,832        

EXAMINATION TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER     2,833        

SECTION 4734.40 OF THE REVISED CODE IF THE CHIROPRACTOR            2,835        

                                                          61     


                                                                 
COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY          2,836        

DETERMINATION THAT THE CHIROPRACTOR SHOULD ENTER TREATMENT AND AS  2,837        

LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR AGENT HAS NO                   

REASON TO BELIEVE THAT THE CHIROPRACTOR HAS CEASED TO PARTICIPATE  2,839        

IN THE TREATMENT PROGRAM IN ACCORDANCE WITH SECTION 4734.40 OF     2,840        

THE REVISED CODE OR HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR  2,841        

RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY ALCOHOL,       2,842        

DRUGS, OR OTHER SUBSTANCES.                                                     

      (C)  ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED        2,844        

PRIMARILY OF CHIROPRACTORS THAT SUSPENDS OR REVOKES AN             2,845        

INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS, OR  2,847        

FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL                        

MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL       2,848        

REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE       2,849        

BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE         2,851        

PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS   2,852        

LEADING TO THE ACTION TAKEN.                                       2,853        

      THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO     2,856        

FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR    2,857        

ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, SHALL NOT PRECLUDE A   2,858        

PROFESSIONAL ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST  2,860        

A CHIROPRACTOR.                                                                 

      (D)  ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE  2,863        

TO ANY PERSON HOLDING A VALID LICENSE AS A CHIROPRACTOR OR ANY     2,864        

OTHER ENTITY THAT SEEKS TO INDEMNIFY THE PROFESSIONAL LIABILITY    2,865        

OF A CHIROPRACTOR SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER  2,866        

THE FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH  2,867        

DISPOSITION RESULTS IN A PAYMENT EXCEEDING TEN THOUSAND DOLLARS.   2,869        

THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:                             

      (1)  THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE       2,871        

NOTIFICATION;                                                      2,872        

      (2)  THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT  2,875        

OF THE CLAIM;                                                                   

      (3)  THE NAME OF THE PERSON FILING THE WRITTEN CLAIM;        2,877        

                                                          62     


                                                                 
      (4)  THE DATE OF FINAL DISPOSITION;                          2,879        

      (5)  IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE   2,882        

FINAL DISPOSITION OF THE CLAIM TOOK PLACE.                                      

      (E)  THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS   2,885        

CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS                   

ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS        2,888        

SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF   2,889        

A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE.  AS USED IN    2,890        

THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS   2,891        

FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH         2,892        

RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TEN THOUSAND    2,893        

DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING TORTIOUS      2,894        

CONDUCT BY THE CHIROPRACTOR.                                       2,895        

      (F)  ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND        2,898        

MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN  2,899        

CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION   2,900        

IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING A       2,901        

CHIROPRACTOR OR HEALTH CARE FACILITY ARISING OUT OF MATTERS THAT   2,903        

ARE THE SUBJECT OF THE REPORTING REQUIRED BY THIS SECTION.  THE    2,904        

BOARD MAY USE THE INFORMATION OBTAINED ONLY AS THE BASIS FOR AN    2,906        

INVESTIGATION, AS EVIDENCE IN A DISCIPLINARY HEARING AGAINST A     2,907        

CHIROPRACTOR, OR IN ANY SUBSEQUENT TRIAL OR APPEAL OF A BOARD      2,909        

ACTION OR ORDER.                                                                

      THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT          2,911        

RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY           2,912        

COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN       2,914        

CREDENTIALING OR RECREDENTIALING A CHIROPRACTOR OR REVIEWING THE   2,915        

CHIROPRACTOR'S PRIVILEGE TO PRACTICE WITHIN A PARTICULAR           2,916        

FACILITY.  THE BOARD SHALL INDICATE WHETHER OR NOT THE             2,917        

INFORMATION HAS BEEN VERIFIED.  INFORMATION TRANSMITTED BY THE     2,918        

BOARD SHALL BE SUBJECT TO THE SAME CONFIDENTIALITY PROVISIONS AS   2,919        

WHEN MAINTAINED BY THE BOARD.                                                   

      (G)  EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO   2,922        

DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY   2,923        

                                                          63     


                                                                 
REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE   2,924        

CHIROPRACTOR.  THE CHIROPRACTOR SHALL HAVE THE RIGHT TO FILE A     2,925        

STATEMENT WITH THE BOARD CONCERNING THE CORRECTNESS OR RELEVANCE   2,926        

OF THE INFORMATION.  THE STATEMENT SHALL AT ALL TIMES ACCOMPANY    2,928        

THAT PART OF THE RECORD IN CONTENTION.                             2,929        

      (H)  AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR    2,932        

REFERS AN IMPAIRED CHIROPRACTOR TO A TREATMENT PROVIDER APPROVED   2,934        

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,    2,935        

REFERRAL, OR PROVISION OF THE INFORMATION.                         2,936        

      (I)  IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL    2,939        

ASSOCIATION OR SOCIETY OF CHIROPRACTORS THAT SPONSORS A COMMITTEE  2,940        

OR PROGRAM TO PROVIDE PEER ASSISTANCE TO A CHIROPRACTOR WITH                    

SUBSTANCE ABUSE PROBLEMS, A REPRESENTATIVE OR AGENT OF SUCH A      2,942        

COMMITTEE OR PROGRAM, AND A MEMBER OF THE STATE CHIROPRACTIC       2,943        

BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON BY REASON  2,944        

OF ACTIONS TAKEN TO REFER A CHIROPRACTOR TO A TREATMENT PROVIDER   2,945        

APPROVED UNDER SECTION 4734.40 OF THE REVISED CODE FOR                          

EXAMINATION OR TREATMENT.                                                       

      Sec. 4734.33.  IF AN INDIVIDUAL SUBJECT TO DISCIPLINARY      2,947        

ACTION BY THE STATE CHIROPRACTIC BOARD PURSUANT TO SECTION         2,948        

4734.31 OF THE REVISED CODE ELECTS AN ADJUDICATION UNDER CHAPTER   2,950        

119. OF THE REVISED CODE REGARDING THE ACTION, THE ADJUDICATION    2,952        

ORDER ISSUED BY THE BOARD MAY, IN ADDITION TO IMPOSING             2,953        

DISCIPLINARY ACTION, REQUIRE THAT THE INDIVIDUAL PAY AN AMOUNT TO  2,954        

COVER THE REASONABLE COSTS INCURRED BY THE BOARD IN CONDUCTING     2,955        

THE ADJUDICATION AND THE INVESTIGATION LEADING TO THE              2,956        

ADJUDICATION.  THE AMOUNT THE INDIVIDUAL MAY BE ORDERED TO PAY     2,958        

MAY NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.  COSTS THAT MAY BE    2,959        

RECOVERED INCLUDE STAFF SALARIES, ATTORNEY'S FEES, EXPERT WITNESS  2,960        

FEES, AND ANY OTHER REASONABLE EXPENSES INCURRED BY THE BOARD.     2,961        

THE BOARD SHALL SET FORTH THE COSTS IN AN ITEMIZED STATEMENT       2,962        

ATTACHED TO THE ADJUDICATION ORDER.  THE INDIVIDUAL SUBJECT TO     2,963        

THE ORDER MAY CONTEST THE REASONABLENESS OF THE COSTS IN THE       2,964        

                                                          64     


                                                                 
MANNER SET FORTH IN CHAPTER 119. OF THE REVISED CODE FOR           2,966        

APPEALING AGENCY ORDERS.  ALL COSTS COLLECTED UNDER THIS SECTION   2,967        

SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION 4734.54 OF THE       2,969        

REVISED CODE.                                                                   

      Sec. 4734.12 4734.34.  Before restoring AN INDIVIDUAL        2,979        

SUBJECT TO AN ACTION TAKEN UNDER SECTION 4734.31 OF THE REVISED    2,980        

CODE, OTHER THAN PERMANENT REVOCATION OF A LICENSE, MAY APPLY TO   2,981        

THE STATE CHIROPRACTIC BOARD TO HAVE THE INDIVIDUAL'S LICENSE      2,982        

RESTORED to a good standing a certificate issued under Chapter     2,985        

4734. of the Revised Code which has been suspended for any cause   2,986        

for more than two years, the chiropractic examining.  THE BOARD    2,987        

SHALL CONSIDER THE MORAL CHARACTER AND THE ACTIVITIES OF THE       2,989        

APPLICANT SINCE THE BOARD'S ACTION WAS TAKEN, IN ACCORDANCE WITH   2,990        

THE STANDARDS FOR ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION  2,991        

4734.20 OF THE REVISED CODE.  THE board may require the applicant  2,995        

to pass an oral and written examination, but under no              2,996        

circumstances shall an applicant take only an oral exam, to        2,997        

determine his present fitness to resume practice.                  2,999        

      The authority of the board to impose terms and conditions    3,001        

includes ON RESTORATION OF THE LICENSE BY DOING ANY OF the         3,002        

following:                                                         3,003        

      (A)  Requiring the applicant to obtain training and, WHICH   3,005        

MAY INCLUDE REQUIRING THE APPLICANT to pass an examination upon    3,006        

completion of such THE training;                                   3,007        

      (B)  REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN      3,010        

EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE;     3,011        

      (C)  Restricting or limiting the extent, scope, or type of   3,013        

practice of the applicant.                                         3,015        

      The board shall consider the moral character and the         3,017        

activities of the applicant during the period of suspension or     3,018        

inactivity, in accordance with this chapter.                       3,020        

      Sec. 4734.35.  (A)  AS USED IN THIS SECTION, "PROSECUTOR"    3,023        

HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.    3,024        

      (B)  THE PROSECUTOR IN ANY CASE AGAINST ANY CHIROPRACTOR     3,027        

                                                          65     


                                                                 
HOLDING A VALID LICENSE ISSUED UNDER THIS CHAPTER SHALL PROMPTLY   3,028        

NOTIFY THE STATE CHIROPRACTIC BOARD OF ANY OF THE FOLLOWING:       3,029        

      (1)  A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY    3,032        

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    3,034        

FELONY CHARGE;                                                     3,035        

      (2)  A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY    3,038        

OR COURT OF, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE,                 

OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL    3,040        

UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A              3,041        

MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF     3,042        

PRACTICE;                                                                       

      (3)  A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY    3,045        

OR COURT OF, A MISDEMEANOR INVOLVING MORAL TURPITUDE, OR A CASE                 

IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON         3,046        

TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR       3,047        

INVOLVING MORAL TURPITUDE.                                         3,048        

      (C)  THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE    3,050        

CHIROPRACTOR, THE NATURE OF THE OFFENSE FOR WHICH THE ACTION WAS   3,052        

TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE ACTION.     3,053        

THE BOARD MAY PRESCRIBE AND PROVIDE FORMS FOR PROSECUTORS TO MAKE               

REPORTS UNDER THIS SECTION.  THE FORM MAY BE THE SAME AS THE FORM  3,054        

REQUIRED TO BE PROVIDED UNDER SECTION 2929.24 OF THE REVISED       3,055        

CODE.                                                                           

      Sec. 4734.36.  A CHIROPRACTOR WHO IN THIS STATE PLEADS       3,058        

GUILTY TO OR IS CONVICTED OF AGGRAVATED MURDER, MURDER, VOLUNTARY  3,059        

MANSLAUGHTER, FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL          3,060        

BATTERY, GROSS SEXUAL IMPOSITION, AGGRAVATED ARSON, AGGRAVATED     3,061        

ROBBERY, OR AGGRAVATED BURGLARY, OR WHO IN ANOTHER JURISDICTION    3,062        

PLEADS GUILTY TO OR IS CONVICTED OF ANY SUBSTANTIALLY EQUIVALENT   3,063        

CRIMINAL OFFENSE, IS AUTOMATICALLY SUSPENDED FROM PRACTICE IN      3,064        

THIS STATE AND THE LICENSE ISSUED UNDER THIS CHAPTER IS            3,066        

AUTOMATICALLY SUSPENDED AS OF THE DATE OF THE GUILTY PLEA OR                    

CONVICTION.  CONTINUED PRACTICE AFTER SUSPENSION UNDER THIS        3,067        

                                                          66     


                                                                 
SECTION SHALL BE CONSIDERED PRACTICING CHIROPRACTIC WITHOUT A      3,068        

LICENSE.  ON RECEIVING NOTICE OR OTHERWISE BECOMING AWARE OF THE   3,069        

CONVICTION, THE STATE CHIROPRACTIC BOARD SHALL NOTIFY THE          3,070        

INDIVIDUAL OF THE SUSPENSION UNDER THIS SECTION BY CERTIFIED MAIL  3,071        

OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF THE REVISED      3,072        

CODE.  IF AN INDIVIDUAL WHOSE LICENSE IS SUSPENDED UNDER THIS      3,073        

SECTION FAILS TO MAKE A TIMELY REQUEST FOR AN ADJUDICATION, THE    3,074        

BOARD SHALL ENTER A FINAL ORDER REVOKING THE INDIVIDUAL'S          3,075        

LICENSE.                                                                        

      Sec. 4734.101 4734.37.  If the STATE chiropractic examining  3,085        

board determines that there is clear and convincing evidence that  3,086        

a person who has been granted a certificate LICENSE under this     3,087        

chapter has committed an act that subjects his THE PERSON'S                     

license to board action under section 4734.10 4734.31 of the       3,089        

Revised Code and that the certificate holder's PERSON'S continued  3,090        

practice presents a danger of immediate and serious harm to the    3,092        

public, the board may suspend the certificate LICENSE without a    3,093        

prior hearing.  A telephone conference call may be utilized for    3,094        

reviewing the matter and taking the vote.                                       

      The board shall issue a written order of suspension by       3,096        

certified mail or in person in accordance with section 119.07 of   3,097        

the Revised Code.  The order is not subject to suspension by the   3,098        

court during pendency of any appeal filed under section 119.12 of  3,099        

the Revised Code.  If the certificate holder PERSON SUBJECT TO     3,100        

THE SUSPENSION requests an adjudicatory hearing ADJUDICATION by    3,101        

the board, the date set for the hearing ADJUDICATION shall be      3,102        

within fifteen TWENTY days, but not earlier than seven days,       3,103        

after the request, unless otherwise agreed to by both the board    3,104        

and the certificate holder PERSON SUBJECT TO THE SUSPENSION.       3,105        

      Any summary suspension imposed under this section shall      3,107        

remain in effect, unless reversed on appeal, until a final         3,108        

adjudicative order issued by the board pursuant to section         3,109        

4734.10 4734.31 and Chapter 119. of the Revised Code becomes       3,110        

effective.  The board shall issue its final adjudicative order     3,111        

                                                          67     


                                                                 
within sixty days after completion of its hearing ADJUDICATION.    3,112        

A failure to issue the order within sixty days shall result in     3,114        

dissolution of the summary suspension order but shall not          3,115        

invalidate any subsequent, final adjudicative order.               3,116        

      Sec. 4734.11 4734.38.  If any person who has been granted a  3,125        

certificate LICENSE under Chapter 4734. of the Revised Code THIS   3,127        

CHAPTER is adjudicated incompetent for the purpose of holding the  3,130        

certificate, as provided in section 5122.301 of the Revised Code,               

his certificate ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR  3,132        

MENTALLY INCOMPETENT, THE PERSON'S LICENSE shall be automatically  3,133        

suspended until such THE person has filed with the STATE           3,135        

chiropractic examining board a certified copy of an adjudication   3,136        

by a probate court of his subsequent restoration BEING RESTORED    3,137        

to competency or has submitted to such THE board proof,            3,139        

satisfactory to the board, that he has OF HAVING been discharged   3,140        

as having a restoration BEING RESTORED to competency in the        3,141        

manner and form provided in section 5122.38 of the Revised Code.   3,142        

The judge of such THE court shall forthwith notify the board of    3,144        

an adjudication of MENTAL ILLNESS OR MENTAL incompetence, and      3,145        

shall note any suspension of a certificate in the margin of the    3,146        

court's record of such certificate.                                3,147        

      Sec. 4734.39.  (A)  FOR PURPOSES OF THIS SECTION, ANY        3,149        

INDIVIDUAL WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER, OR       3,151        

APPLIES FOR A LICENSE, SHALL BE DEEMED TO HAVE GIVEN CONSENT TO    3,152        

SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION WHEN DIRECTED TO DO SO  3,153        

IN WRITING BY THE STATE CHIROPRACTIC BOARD AND TO HAVE WAIVED ALL  3,154        

OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION        3,156        

REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION.                3,157        

      (B)  IN ENFORCING DIVISION (B)(16) OR (17) OF SECTION        3,160        

4734.31 OF THE REVISED CODE, THE BOARD, UPON A SHOWING OF A                     

POSSIBLE VIOLATION, MAY COMPEL ANY INDIVIDUAL WHO HOLDS A LICENSE  3,161        

ISSUED UNDER THIS CHAPTER OR WHO HAS APPLIED FOR A LICENSE         3,162        

PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL OR PHYSICAL         3,164        

EXAMINATION, OR BOTH, AS REQUIRED BY AND AT THE EXPENSE OF THE     3,165        

                                                          68     


                                                                 
BOARD.  FAILURE OF ANY INDIVIDUAL TO SUBMIT TO A MENTAL OR                      

PHYSICAL EXAMINATION WHEN DIRECTED CONSTITUTES AN ADMISSION OF     3,166        

THE ALLEGATIONS AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE   3,167        

TO CIRCUMSTANCES BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT    3,168        

AND FINAL ORDER MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR  3,169        

PRESENTATION OF EVIDENCE.  IF THE BOARD FINDS A CHIROPRACTOR       3,170        

UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION    3,171        

(B)(16) OR (17) OF SECTION 4734.31 OF THE REVISED CODE, THE BOARD  3,172        

SHALL REQUIRE THE CHIROPRACTOR TO SUBMIT TO CARE, COUNSELING, OR   3,174        

TREATMENT BY PHYSICIANS OR OTHER HEALTH CARE PROVIDERS APPROVED                 

OR DESIGNATED BY THE BOARD, AS A CONDITION FOR AN INITIAL,         3,176        

CONTINUED, REINSTATED, RESTORED, OR RENEWED LICENSE TO PRACTICE    3,177        

CHIROPRACTIC.  A CHIROPRACTOR AFFECTED BY THIS SECTION SHALL BE    3,178        

AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE BOARD THE ABILITY    3,179        

TO RESUME PRACTICING IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING  3,180        

STANDARDS OF CARE.                                                              

      Sec. 4734.40.  (A)  THE STATE CHIROPRACTIC BOARD MAY ADOPT   3,182        

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE          3,183        

ESTABLISHING STANDARDS FOR APPROVING TREATMENT PROVIDERS FOR       3,184        

IMPAIRED CHIROPRACTORS.  IF RULES ARE ADOPTED, THE RULES SHALL     3,185        

INCLUDE STANDARDS FOR BOTH INPATIENT AND OUTPATIENT TREATMENT.     3,186        

THE RULES SHALL PROVIDE THAT TO BE APPROVED, A TREATMENT PROVIDER  3,187        

MUST BE CAPABLE OF MAKING AN INITIAL EXAMINATION TO DETERMINE THE  3,188        

TYPE OF TREATMENT AN IMPAIRED CHIROPRACTOR REQUIRES AND MUST BE    3,190        

CAPABLE OF ADHERING TO GUIDELINES THE BOARD CONSIDERS APPROPRIATE  3,191        

FOR ASSESSMENT AND REFERRAL OF IMPAIRED CHIROPRACTORS.  THE BOARD  3,194        

SHALL REVIEW TREATMENT PROVIDERS ON A REGULAR BASIS AND DESIGNATE  3,195        

THOSE PROVIDERS THAT MEET THE STANDARDS FOR APPROVAL.  THE BOARD   3,196        

MAY DENY OR WITHDRAW ITS APPROVAL IF IT FINDS THAT THE TREATMENT   3,197        

PROVIDER BEING REVIEWED DOES NOT MEET OR NO LONGER MEETS THE       3,198        

STANDARDS FOR APPROVAL.                                                         

      (B)  A CHIROPRACTOR WHO ENTERS INTO TREATMENT BY AN          3,202        

APPROVED TREATMENT PROVIDER SHALL BE DEEMED TO HAVE WAIVED ANY     3,203        

CONFIDENTIALITY REQUIREMENTS THAT WOULD OTHERWISE PREVENT THE      3,204        

                                                          69     


                                                                 
TREATMENT PROVIDER FROM MAKING REPORTS REQUIRED UNDER THIS         3,205        

SECTION.                                                                        

      Sec. 4734.41.  (A)  AS USED IN THIS SECTION:                 3,207        

      (1)  "CHEMICAL DEPENDENCY" MEANS EITHER OF THE FOLLOWING:    3,209        

      (a)  THE CHRONIC AND HABITUAL USE OF ALCOHOLIC BEVERAGES TO  3,211        

THE EXTENT THAT THE USER NO LONGER CAN CONTROL THE USE OF ALCOHOL  3,213        

OR ENDANGERS THE USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF      3,214        

OTHERS;                                                                         

      (b)  THE USE OF A CONTROLLED SUBSTANCE AS DEFINED IN         3,216        

SECTION 3719.01 OF THE REVISED CODE, A HARMFUL INTOXICANT AS       3,217        

DEFINED IN SECTION 2925.01 OF THE REVISED CODE, OR A DANGEROUS     3,218        

DRUG AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE, TO THE     3,219        

EXTENT THAT THE USER BECOMES PHYSICALLY OR PSYCHOLOGICALLY                      

DEPENDENT ON THE SUBSTANCE, INTOXICANT, OR DRUG OR ENDANGERS THE   3,220        

USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF OTHERS.               3,221        

      (2)  "MENTAL ILLNESS" MEANS A RECOGNIZED PSYCHIATRIC OR      3,223        

PSYCHOLOGICAL CONDITION, DISORDER, OR SYNDROME THAT HAS BEEN       3,224        

DIAGNOSED BY A PSYCHIATRIST, PSYCHOLOGIST, PROFESSIONAL CLINICAL   3,225        

COUNSELOR, OR INDEPENDENT SOCIAL WORKER AS A CONDITION, DISORDER,  3,227        

OR SYNDROME THAT MAY POSE A DANGER TO THE PERSON DIAGNOSED OR      3,228        

OTHERS OR MAY PREVENT THE PERSON FROM PRACTICING THE PERSON'S      3,229        

PROFESSION ACCORDING TO ACCEPTABLE AND PREVAILING STANDARDS OF     3,230        

CARE.                                                                           

      (B)  THE STATE CHIROPRACTIC BOARD SHALL ESTABLISH A          3,232        

CHEMICAL DEPENDENCY AND MENTAL ILLNESS MONITORING PROGRAM.  THE    3,234        

PROGRAM SHALL BE MADE AVAILABLE TO ANY INDIVIDUAL UNDER THE        3,235        

BOARD'S JURISDICTION WHO HAS A CHEMICAL DEPENDENCY OR MENTAL       3,237        

ILLNESS AND MEETS THE BOARD'S ELIGIBILITY REQUIREMENTS FOR         3,239        

ADMISSION TO AND CONTINUED PARTICIPATION IN THE PROGRAM.  THE      3,240        

BOARD SHALL DEVELOP THE PROGRAM AND MAY DESIGNATE A COORDINATOR    3,241        

TO ADMINISTER IT OR ENTER INTO A CONTRACT FOR THE PROGRAM TO BE    3,242        

ADMINISTERED BY ANOTHER ENTITY THROUGH A COORDINATOR.  THE BOARD   3,243        

SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED   3,244        

CODE THAT ESTABLISH STANDARDS AND PROCEDURE FOR OPERATING THE      3,245        

                                                          70     


                                                                 
PROGRAM.                                                                        

      (C)  EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION,     3,248        

ALL RECORDS OF AN INDIVIDUAL'S PARTICIPATION IN THE MONITORING     3,249        

PROGRAM, INCLUDING MEDICAL RECORDS, CHEMICAL DEPENDENCY RECORDS,   3,250        

AND MENTAL HEALTH RECORDS, SHALL BE CONFIDENTIAL, ARE NOT PUBLIC   3,252        

RECORDS FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE,                 

AND ARE NOT SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS      3,253        

EVIDENCE IN ANY JUDICIAL PROCEEDING.  THE PROGRAM COORDINATOR      3,255        

SHALL MAINTAIN ALL RECORDS AS DIRECTED BY THE BOARD.               3,256        

      (D)  THE MONITORING PROGRAM'S COORDINATOR MAY DISCLOSE       3,258        

RECORDS OR INFORMATION REGARDING AN INDIVIDUAL'S PROGRESS AND      3,259        

STATUS OF PARTICIPATION IN THE PROGRAM TO THE DISCIPLINARY         3,262        

SECTION OF THE BOARD AND TO ANY PERSON OR GOVERNMENT ENTITY THAT   3,263        

THE PROGRAM PARTICIPANT AUTHORIZES IN WRITING TO BE GIVEN THE      3,264        

RECORDS OR INFORMATION.                                                         

      IN DISCLOSING RECORDS OR INFORMATION UNDER THIS DIVISION,    3,266        

THE COORDINATOR SHALL NOT INCLUDE ANY RECORD OR INFORMATION THAT   3,267        

IS PROTECTED UNDER SECTION 3793.13 OF THE REVISED CODE OR ANY      3,268        

FEDERAL STATUTE OR REGULATION THAT PROVIDES FOR THE                3,270        

CONFIDENTIALITY OF MENTAL HEALTH OR SUBSTANCE ABUSE RECORDS.       3,272        

      (E)  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE MONITORING    3,274        

PROGRAM'S COORDINATOR, THE BOARD AND THE BOARD'S EMPLOYEES AND     3,275        

REPRESENTATIVES ARE NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS  3,277        

A RESULT OF DISCLOSING RECORDS OR INFORMATION IN ACCORDANCE WITH   3,279        

DIVISION (D) OF THIS SECTION.  IN THE ABSENCE OF FRAUD OR BAD      3,280        

FAITH, ANY PERSON REPORTING TO THE PROGRAM AN INDIVIDUAL'S         3,281        

CHEMICAL DEPENDENCY OR MENTAL ILLNESS, OR THE PROGRESS OR LACK OF  3,283        

PROGRESS OF THAT INDIVIDUAL WITH REGARD TO TREATMENT, IS NOT       3,284        

LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS A RESULT OF THE REPORT.  3,286        

      (F)  THE BOARD MAY ABSTAIN FROM TAKING FORMAL DISCIPLINARY   3,288        

ACTION UNDER SECTION 4734.31 OF THE REVISED CODE AGAINST AN        3,289        

INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S CHEMICAL DEPENDENCY OR      3,290        

MENTAL ILLNESS, IF THE INDIVIDUAL MEETS THE ELIGIBILITY            3,291        

REQUIREMENTS FOR ADMISSION INTO THE MONITORING PROGRAM AND ALL OF  3,292        

                                                          71     


                                                                 
THE FOLLOWING OCCUR:                                               3,293        

      (1)  THE INDIVIDUAL ENTERS INTO A MONITORING AGREEMENT WITH  3,295        

THE COORDINATOR OF THE PROGRAM;                                    3,296        

      (2)  THE INDIVIDUAL COMPLIES WITH THE TERMS AND CONDITIONS   3,298        

FOR CONTINUED PARTICIPATION IN THE PROGRAM, AS SPECIFIED IN THE    3,299        

MONITORING AGREEMENT;                                              3,300        

      (3)  THE INDIVIDUAL SUCCESSFULLY COMPLETES THE TERMS AND     3,302        

CONDITIONS OF THE MONITORING AGREEMENT, INCLUDING THE CONDITION    3,303        

THAT THE INDIVIDUAL ATTAIN THE ABILITY TO PRACTICE IN ACCORDANCE   3,304        

WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE APPLICABLE TO     3,305        

THE PRACTICE OF CHIROPRACTIC.                                      3,306        

      Sec. 4734.42.  PURSUANT TO THE STATE CHIROPRACTIC BOARD'S    3,308        

INVESTIGATIVE AUTHORITY ESTABLISHED UNDER THIS CHAPTER, THE BOARD  3,309        

MAY DEVELOP AND IMPLEMENT A QUALITY INTERVENTION PROGRAM DESIGNED  3,310        

TO IMPROVE THE PRACTICE AND COMMUNICATION SKILLS OF                3,311        

CHIROPRACTORS.  THE BOARD MAY ADOPT RULES IN ACCORDANCE WITH       3,312        

CHAPTER 119. OF THE REVISED CODE ESTABLISHING STANDARDS AND                     

PROCEDURES FOR IMPLEMENTING THE QUALITY INTERVENTION PROGRAM.      3,313        

      Sec. 4734.14 4734.45.  If any person makes an accusation     3,322        

against any licensee under this section, it shall be reduced to    3,324        

writing, verified by some person familiar with the facts and       3,325        

three copies filed with the secretary of the (A)  THE STATE        3,326        

chiropractic examining board.  If the board considers the charges  3,327        

made are sufficient, if true, to warrant suspension or revocation  3,328        

of license, it shall proceed with an adjudication hearing under    3,329        

the procedures of Chapter 119. SHALL INVESTIGATE EVIDENCE THAT     3,330        

APPEARS TO SHOW THAT A PERSON HAS VIOLATED ANY PROVISION OF THIS   3,331        

CHAPTER OR THE RULES ADOPTED UNDER IT.  ANY PERSON MAY REPORT TO   3,332        

THE BOARD IN WRITING OR BY OTHER MEANS ANY INFORMATION THE PERSON  3,334        

HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF THIS      3,335        

CHAPTER OR THE RULES ADOPTED UNDER IT.  IN THE ABSENCE OF BAD                   

FAITH, A PERSON WHO REPORTS TO THE BOARD, COOPERATES IN AN         3,337        

INVESTIGATION, OR TESTIFIES BEFORE THE BOARD IN AN ADJUDICATION    3,339        

SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A RESULT OF REPORTING,    3,340        

                                                          72     


                                                                 
COOPERATING, OR PROVIDING TESTIMONY.                                            

      (B)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        3,342        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  3,343        

CIVIL ACTION, EXCEPT THAT FOR GOOD CAUSE, THE BOARD OR ITS         3,344        

EXECUTIVE DIRECTOR MAY DISCLOSE OR AUTHORIZE DISCLOSURE OF         3,345        

INFORMATION GATHERED PURSUANT TO AN INVESTIGATION.                 3,346        

      THE BOARD AND ITS EMPLOYEES MAY SHARE APPROPRIATE            3,349        

INFORMATION IN THE BOARD'S POSSESSION WITH ANY FEDERAL, STATE, OR  3,350        

LOCAL LAW ENFORCEMENT, PROSECUTORIAL, OR REGULATORY AGENCY OR ITS  3,351        

OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION.  THE BOARD AND    3,353        

ITS EMPLOYEES MAY COOPERATE IN ANY OTHER MANNER WITH THE AGENCY    3,354        

OR ITS OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION.                         

      AN AGENCY THAT RECEIVES CONFIDENTIAL INFORMATION SHALL       3,356        

COMPLY WITH THE SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS     3,357        

THOSE WITH WHICH THE BOARD MUST COMPLY, NOTWITHSTANDING ANY        3,358        

CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE      3,359        

AGENCY THAT APPLIES WHEN THE AGENCY IS DEALING WITH OTHER          3,360        

INFORMATION IN ITS POSSESSION.  THE INFORMATION MAY BE ADMITTED    3,361        

INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF  3,362        

EVIDENCE, OR IN AN ADMINISTRATIVE HEARING CONDUCTED BY AN AGENCY,  3,363        

BUT THE COURT OR AGENCY SHALL REQUIRE THAT APPROPRIATE MEASURES    3,364        

BE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED WITH         3,365        

RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES OR      3,366        

OTHER IDENTIFYING INFORMATION ABOUT PATIENTS, COMPLAINANTS, OR     3,367        

OTHERS WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE                         

CHIROPRACTIC BOARD WHEN THE INFORMATION WAS IN THE BOARD'S         3,369        

POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY THAT MAY BE TAKEN  3,370        

BY THE COURT OR AGENCY INCLUDE SEALING ITS RECORDS OR REDACTING    3,371        

SPECIFIC INFORMATION FROM ITS RECORDS.                             3,372        

      (C)  ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE   3,374        

CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 of   3,376        

the Revised Code.                                                               

      Sec. 4734.13 4734.46.  Any investigation, inquiry, or        3,385        

hearing, which THE FOLLOWING APPLY TO THE INVESTIGATIONS,          3,387        

                                                          73     


                                                                 
INQUIRIES, AND HEARINGS THAT the STATE chiropractic examining      3,390        

board is empowered to hold or undertake:                                        

      (A)  AN INVESTIGATION, INQUIRY, OR HEARING may be held or    3,392        

undertaken by or before any member of the board, and the finding.  3,394        

A MEMBER WHO ASSISTS IN THE INVESTIGATION OF A CASE SHALL NOT      3,396        

PARTICIPATE IN FURTHER ADJUDICATION OF THE CASE, UNLESS THE                     

MEMBER'S RECUSAL WOULD DEPRIVE THE BOARD OF A QUORUM, IN WHICH     3,397        

CASE THE MEMBER MAY PARTICIPATE.                                   3,398        

      (B)  THE BOARD MAY APPOINT AN EXAMINER WHO IS AN ATTORNEY    3,400        

TO CONDUCT AN INVESTIGATION, INQUIRY, OR HEARING.  THE FINDINGS    3,404        

or order of such THE HEARING EXAMINER OR A member WHO HOLDS OR     3,405        

UNDERTAKES AN INVESTIGATION, INQUIRY, OR HEARING shall be deemed   3,406        

to be the FINDINGS OR order of the board when approved and         3,407        

confirmed by it.                                                   3,408        

      (C)  WITH RESPECT TO A HEARING CONDUCTED PURSUANT TO         3,411        

CHAPTER 119. OF THE REVISED CODE, THE BOARD MAY ADOPT STANDARDS    3,412        

OF CONDUCT FOR THE ATTORNEYS AND OTHER PERSONS WHO PRACTICE        3,413        

BEFORE IT.                                                                      

      (D)  FOLLOWING AN INQUIRY, THE BOARD MAY, IN CASES IT        3,416        

CONSIDERS APPROPRIATE, ISSUE A "LETTER OF ADMONITION" OR A         3,417        

"LETTER OF CAUTION."  ISSUANCE OF A LETTER UNDER THIS DIVISION IS  3,419        

NOT AN ACTION TAKEN IN ADDITION TO OR IN LIEU OF TAKING ACTION     3,420        

UNDER SECTION 4734.31 OF THE REVISED CODE AND IS NOT SUBJECT TO    3,421        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE.  THE       3,422        

LETTER SHALL NOT BE USED BY AN EMPLOYER, INSURER, OR ANY OTHER     3,423        

PERSON OR GOVERNMENT ENTITY AS THE BASIS OF AN ADVERSE ACTION      3,424        

AGAINST THE RECIPIENT.                                                          

      Sec. 4734.15 4734.47.  (A)  The secretary EXECUTIVE          3,434        

DIRECTOR of the STATE chiropractic examining board shall FUNCTION  3,436        

AS THE CHIEF ENFORCEMENT OFFICER OF THE BOARD AND SHALL enforce    3,437        

the laws relating to the practice of chiropractic.  If he THE      3,438        

EXECUTIVE DIRECTOR has knowledge or notice of a violation OF       3,440        

THOSE LAWS, he THE EXECUTIVE DIRECTOR shall investigate the        3,442        

matter, and, upon OR CAUSE THE MATTER TO BE INVESTIGATED.  ON      3,443        

                                                          74     


                                                                 
probable cause appearing, THE EXECUTIVE DIRECTOR SHALL PROSECUTE   3,445        

THE OFFENDER OR CAUSE THE OFFENDER TO BE PROSECUTED.  IF THE       3,446        

MATTER INVOLVES A VIOLATION BY AN INDIVIDUAL LICENSED UNDER THIS   3,447        

CHAPTER, THE EXECUTIVE DIRECTOR SHALL BRING THE MATTER BEFORE THE  3,448        

BOARD.  IF THE MATTER INVOLVES A VIOLATION FOR WHICH A PENALTY     3,449        

MAY BE IMPOSED UNDER SECTION 4734.99 OF THE REVISED CODE, THE      3,450        

EXECUTIVE DIRECTOR OR A PERSON AUTHORIZED BY THE BOARD TO                       

REPRESENT THE EXECUTIVE DIRECTOR MAY file a complaint and          3,451        

prosecute the offender.  When requested by the secretary, WITH     3,453        

the prosecuting attorney of the proper county.  EXCEPT AS          3,454        

PROVIDED IN DIVISION (B) OF THIS SECTION, THE PROSECUTING          3,455        

ATTORNEY shall take charge of and conduct such THE prosecution.    3,456        

      (B)  FOR PURPOSES OF ENFORCING THIS CHAPTER, THE BOARD MAY   3,459        

PETITION A COURT OF RECORD TO APPOINT AN ATTORNEY TO ASSIST THE    3,461        

PROSECUTING ATTORNEY IN THE PROSECUTION OF OFFENDERS OR TO TAKE    3,462        

CHARGE OF AND CONDUCT THE PROSECUTIONS AS A SPECIAL PROSECUTOR.    3,463        

THE COURT SHALL GRANT THE PETITION IF IT IS IN THE PUBLIC          3,464        

INTEREST.  A SPECIAL PROSECUTOR APPOINTED BY THE COURT SHALL BE    3,465        

COMPENSATED BY THE BOARD IN AN AMOUNT APPROVED BY THE BOARD.       3,466        

      IF THE COURT BELIEVES THAT PUBLIC KNOWLEDGE OF THE           3,468        

APPOINTMENT OF A SPECIAL PROSECUTOR COULD ALLOW ONE OR MORE        3,469        

PERSONS TO INTERFERE WITH THE PROSECUTION OR ANY INVESTIGATION     3,470        

RELATED TO THE PROSECUTION, THE COURT MAY SEAL ALL DOCUMENTS       3,471        

PERTAINING TO THE APPOINTMENT.  SEALED DOCUMENTS SHALL REMAIN      3,472        

SEALED UNTIL THERE IS COURT ACTION ON THE PROSECUTION OR UNTIL     3,473        

THE COURT ORDERS THE DOCUMENTS TO BE OPENED.                       3,474        

      Sec. 4734.48.  (A)  FOR PURPOSES OF ENFORCING THIS CHAPTER,  3,476        

THE STATE CHIROPRACTIC BOARD OR ANY OF ITS MEMBERS, THE BOARD'S    3,479        

EXECUTIVE DIRECTOR, AND ANY PERSON AUTHORIZED BY THE BOARD TO      3,480        

SERVE AS THE EXECUTIVE DIRECTOR'S REPRESENTATIVE MAY DO ANY OF     3,481        

THE FOLLOWING:                                                                  

      (1)  SERVE AND EXECUTE ANY PROCESS ISSUED BY ANY COURT       3,483        

REGARDING THE PRACTICE OF CHIROPRACTIC AND SERVE AND EXECUTE ANY   3,484        

PAPERS OR PROCESS ISSUED BY THE BOARD OR ANY OFFICER OR MEMBER OF  3,486        

                                                          75     


                                                                 
THE BOARD.                                                                      

      (2)  ADMINISTER OATHS, PROPOUND INTERROGATORIES, ORDER THE   3,488        

TAKING OF DEPOSITIONS, COMPEL BY SUBPOENA THAT WITNESSES APPEAR    3,490        

AND TESTIFY, AND COMPEL BY SUBPOENA DUCES TECUM THE PRODUCTION OF  3,492        

BOOKS, ACCOUNTS, PAPERS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE                  

OBJECTS.  IF A PERSON FAILS TO COOPERATE IN AN INTERROGATORY OR    3,493        

DEPOSITION OR FAILS TO COMPLY WITH A SUBPOENA OR SUBPOENA DUCES    3,495        

TECUM, THE BOARD MAY APPLY TO THE COURT OF COMMON PLEAS OF         3,496        

FRANKLIN COUNTY FOR AN ORDER COMPELLING THE PERSON TO COOPERATE    3,497        

IN THE INTERROGATORY OR DEPOSITION OR TO COMPLY WITH THE SUBPOENA  3,498        

OR SUBPOENA DUCES TECUM OR, FOR FAILURE TO DO SO, BE HELD IN       3,499        

CONTEMPT OF COURT.  THE BOARD SHALL ADOPT RULES IN ACCORDANCE      3,500        

WITH CHAPTER 119. OF THE REVISED CODE ESTABLISHING PROCEDURES TO                

BE FOLLOWED IN TAKING THE ACTIONS AUTHORIZED UNDER DIVISION        3,501        

(A)(2) OF THIS SECTION, INCLUDING PROCEDURES REGARDING PAYMENT     3,502        

FOR AND SERVICE OF SUBPOENAS.                                      3,503        

      (3)  ENTER THE CLINIC, OFFICE, PREMISES, ESTABLISHMENT, OR   3,506        

PLACE OF BUSINESS OF ANY CHIROPRACTOR OR ANY CLINIC, OFFICE,       3,507        

PREMISES, ESTABLISHMENT, OR PLACE OF BUSINESS WHERE THE PRACTICE   3,508        

OF CHIROPRACTIC IS CARRIED ON OR WHERE THE BILLING FOR             3,509        

CHIROPRACTIC SERVICES TAKES PLACE.  ENTRANCE MAY OCCUR DURING      3,510        

REGULAR BUSINESS HOURS OR AT ANY OTHER REASONABLE TIME.  IF ENTRY  3,511        

OR ANY SUBSEQUENT INSPECTION IS REFUSED, THWARTED, OR HINDERED IN  3,512        

ANY OTHER MANNER OR THE CIRCUMSTANCES OF THE CASE OTHERWISE MAKE   3,513        

IT APPROPRIATE, THE BOARD, EXECUTIVE DIRECTOR, OR AUTHORIZED       3,514        

REPRESENTATIVE MAY BY AFFIDAVIT APPLY FOR, AND ANY JUDGE OF A      3,516        

COURT OF RECORD MAY ISSUE FOR USE WITHIN THE COURT'S TERRITORIAL   3,517        

JURISDICTION, AN ADMINISTRATIVE INSPECTION WARRANT UNDER DIVISION  3,518        

(F) OF SECTION 2933.21 OF THE REVISED CODE OR OTHER APPROPRIATE    3,519        

SEARCH WARRANT.                                                                 

      (4)  FILE WITH A JUDGE OR CLERK OF A COURT OF RECORD, OR     3,521        

WITH A MAGISTRATE, AN AFFIDAVIT CHARGING A PERSON WITH COMMITTING  3,522        

A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE RULES ADOPTED  3,523        

UNDER IT.  FOR PURPOSES OF THIS DIVISION, THE PERSON FILING THE    3,524        

                                                          76     


                                                                 
AFFIDAVIT IS A PEACE OFFICER WHO IS AUTHORIZED TO FILE AN          3,525        

AFFIDAVIT UNDER SECTION 2935.09 OF THE REVISED CODE.               3,527        

      (5)  APPLY FOR ACCESS TO THE COMPUTERIZED DATABASES          3,529        

ADMINISTERED BY THE NATIONAL CRIME INFORMATION CENTER AND THE LAW  3,531        

ENFORCEMENT AUTOMATED DATA SYSTEM OPERATED PURSUANT TO SECTION     3,532        

5503.10 OF THE REVISED CODE, AS WELL AS OTHER COMPUTERIZED         3,533        

DATABASES ADMINISTERED FOR THE PURPOSE OF MAKING CRIMINAL JUSTICE  3,534        

INFORMATION ACCESSIBLE TO STATE AGENCIES.  THE BOARD AND THE       3,535        

OFFICE OF THE EXECUTIVE DIRECTOR ARE HEREBY DESIGNATED TO BE       3,536        

CRIMINAL JUSTICE AGENCIES FOR PURPOSES OF ANY STATE OR FEDERAL     3,537        

LAW REQUIRING, AS A CONDITION OF BEING AUTHORIZED TO APPLY FOR     3,538        

ACCESS TO SUCH DATABASES, THAT AN ENTITY BE RECOGNIZED AS A        3,539        

CRIMINAL JUSTICE AGENCY.                                                        

      (B)  ANY PROCESS, PAPER, OR OTHER DOCUMENT SERVED UNDER      3,542        

THIS CHAPTER BY THE BOARD, A BOARD MEMBER, THE EXECUTIVE                        

DIRECTOR, OR AN AUTHORIZED REPRESENTATIVE OF THE EXECUTIVE         3,543        

DIRECTOR MAY BE SERVED BY PERSONAL SERVICE, RESIDENCE SERVICE, OR  3,545        

CERTIFIED MAIL.  SERVICE MAY BE MADE AT THE INTENDED RECIPIENT'S   3,546        

USUAL PLACE OF BUSINESS.                                                        

      IF ATTEMPTS AT SERVICE BY PERSONAL SERVICE, RESIDENCE        3,548        

SERVICE, OR CERTIFIED MAIL ARE UNSUCCESSFUL, SERVICE MAY BE MADE   3,549        

AS FOLLOWS:                                                        3,550        

      (1)  BY ORDINARY MAIL.  IF THE PROCESS, PAPER, OR OTHER      3,552        

DOCUMENT THAT IS MAILED IS NOT RETURNED BY THE UNITED STATES       3,554        

POSTAL SERVICE, SERVICE ON THE INTENDED RECIPIENT IS DEEMED TO     3,555        

HAVE OCCURRED ON THE TENTH DAY AFTER THE MAILING.                               

      (2)  BY PUBLICATION OF A NOTICE IN ANY NEWSPAPER OF GENERAL  3,557        

CIRCULATION IN THE COUNTY IN WHICH THE INTENDED RECIPIENT'S LAST   3,558        

KNOWN RESIDENTIAL OR BUSINESS ADDRESS IS LOCATED.                  3,559        

      Sec. 4734.49.  (A)  THE ATTORNEY GENERAL, THE PROSECUTING    3,562        

ATTORNEY OF THE COUNTY IN WHICH A VIOLATION OF THIS CHAPTER IS     3,563        

COMMITTED OR IS THREATENED TO BE COMMITTED OR IN WHICH THE         3,565        

OFFENDER RESIDES, THE STATE CHIROPRACTIC BOARD, OR ANY OTHER                    

PERSON HAVING KNOWLEDGE OF A PERSON COMMITTING OR THREATENING TO   3,567        

                                                          77     


                                                                 
COMMIT A VIOLATION OF THIS CHAPTER MAY, IN ACCORDANCE WITH THE     3,568        

PROVISIONS OF THE REVISED CODE GOVERNING INJUNCTIONS, MAINTAIN AN  3,569        

ACTION IN THE NAME OF THIS STATE TO ENJOIN THE PERSON FROM         3,570        

COMMITTING THE VIOLATION BY APPLYING FOR AN INJUNCTION IN ANY      3,571        

COURT OF COMPETENT JURISDICTION.  UPON THE FILING OF A VERIFIED    3,573        

PETITION IN COURT, THE COURT SHALL CONDUCT A HEARING ON THE        3,574        

PETITION AND SHALL GIVE THE SAME PREFERENCE TO THIS PROCEEDING AS  3,575        

IS GIVEN ALL PROCEEDINGS UNDER CHAPTER 119. OF THE REVISED CODE,   3,577        

IRRESPECTIVE OF THE POSITION OF THE PROCEEDING ON THE CALENDAR OF  3,578        

THE COURT.  IF AN INJUNCTION IS GRANTED, THE COURT MAY AWARD TO    3,579        

THE PERSON OR ENTITY THAT MAINTAINED THE ACTION AMOUNTS TO COVER   3,580        

REASONABLE ATTORNEY'S FEES, INVESTIGATIVE COSTS, AND OTHER COSTS   3,581        

RELATED TO THE INVESTIGATION OR PROSECUTION OF THE CASE.           3,582        

INJUNCTION PROCEEDINGS BROUGHT UNDER THIS SECTION SHALL BE IN      3,583        

ADDITION TO, AND NOT IN LIEU OF, ALL PENALTIES AND OTHER REMEDIES  3,585        

PROVIDED IN THIS CHAPTER.                                          3,586        

      (B)  THE PRACTICE OF CHIROPRACTIC BY ANY PERSON NOT AT THAT  3,589        

TIME HOLDING A VALID AND CURRENT LICENSE ISSUED UNDER THIS         3,593        

CHAPTER IS HEREBY DECLARED TO BE INIMICAL TO THE PUBLIC WELFARE    3,595        

AND TO CONSTITUTE A PUBLIC NUISANCE.                                            

      Sec. 4734.50.  THIS CHAPTER DOES NOT REQUIRE THE STATE       3,597        

CHIROPRACTIC BOARD TO ACT ON MINOR VIOLATIONS OF THIS CHAPTER OR   3,599        

THE RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY                  

INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES   3,600        

THAT THE PUBLIC INTEREST IS ADEQUATELY SERVED BY ISSUING A NOTICE  3,601        

OR WARNING TO THE ALLEGED OFFENDER.                                3,602        

      Sec. 4734.16 4734.53.  All fines collected for violation of  3,611        

section 4734.17 4734.14 OR 4734.161 of the Revised Code, shall be  3,613        

distributed as follows:  one half to the STATE chiropractic        3,614        

examining board for deposit into the state treasury to the credit  3,615        

of the occupational licensing and regulatory fund, IN ACCORDANCE   3,617        

WITH SECTION 4734.54 OF THE REVISED CODE and one half to the       3,619        

treasury of the county or municipal corporation in which the       3,620        

offense was committed.                                                          

                                                          78     


                                                                 
      Sec. 4734.18 4734.54.  All moneys received by the STATE      3,629        

chiropractic examining board shall be paid into the state          3,632        

treasury and credited to the occupational licensing and                         

regulatory fund.  MONEYS CREDITED TO THE FUND THAT ARE THE RESULT  3,634        

OF FINES COLLECTED UNDER SECTION 4734.53, FINES COLLECTED UNDER    3,635        

SECTION 4734.31, AMOUNTS COLLECTED UNDER SECTION 4734.33, AND      3,636        

AMOUNTS AWARDED UNDER SECTION 4734.49 OF THE REVISED CODE SHALL    3,637        

BE USED SOLELY FOR PURPOSES RELATED TO THE BOARD'S ENFORCEMENT OF  3,638        

THIS CHAPTER.  MONEYS CREDITED TO THE FUND THAT ARE THE RESULT OF  3,639        

ANY FEE CHARGED UNDER SECTION 4734.21 OF THE REVISED CODE SHALL                 

BE USED SOLELY FOR PURPOSES RELATED TO IMPLEMENTING THAT SECTION.  3,640        

      Sec. 4734.21 4734.55.  The STATE chiropractic examining      3,650        

board shall provide a duplicate license to a license holder on     3,652        

payment of a fee of ninety FORTY-FIVE dollars.                     3,653        

      Upon written request and the payment of a fee of one         3,655        

hundred seventy-five NINETY-FIVE dollars, the board shall provide  3,656        

to any person a list of persons holding licenses to practice       3,659        

chiropractic, AS INDICATED IN ITS REGISTER MAINTAINED PURSUANT TO  3,660        

SECTION 4734.04 OF THE REVISED CODE.                               3,661        

      The board shall maintain separate lists of the applicants    3,663        

taking each examination conducted under section 4734.05 of the     3,664        

Revised Code and of those who passed each examination.  Upon       3,665        

written request and the payment of a fee of twenty-five dollars,   3,666        

the board shall provide to any person a copy of the list of        3,667        

applicants taking an examination or the list of those who passed   3,668        

the examination.                                                   3,669        

      Upon written request from the licensee and the payment of a  3,672        

fee of twenty dollars, the board shall issue certification of      3,673        

licensure information to the person identified by the licensee.    3,674        

      Sec. 4734.20 4734.56.  The STATE chiropractic examining      3,684        

board, subject to the approval of the controlling board, may       3,686        

establish fees in excess of the amounts provided by sections       3,687        

4734.01 to 4734.99 of the Revised Code SPECIFIED IN THIS CHAPTER,  3,688        

provided that such fees do not exceed the amounts permitted by     3,690        

                                                          79     


                                                                 
those sections SPECIFIED by more than fifty per cent.              3,691        

      Sec. 4734.99.  (A)  Whoever violates section 4734.17         3,700        

4734.14 of the Revised Code is guilty of a misdemeanor FELONY of   3,702        

the second FIFTH degree on a first offense and a felony of the     3,704        

fifth degree on, UNLESS THE OFFENDER PREVIOUSLY HAS BEEN           3,705        

CONVICTED OF OR HAS PLEADED GUILTY TO A VIOLATION OF SECTION       3,706        

2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.40,     3,707        

2913.47, 2913.48, 2913.51, 2921.13, 4715.09, 4723.03, 4725.02,     3,708        

4725.41, 4729.27, 4729.28, 4729.36, 4729.51, 4729.61, 4730.02,     3,709        

4731.41, 4731.43, 4731.46, 4731.47, 4731.60, 4732.21, 4741.18,     3,710        

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      3,711        

THIS STATE, ANOTHER STATE, OR THE UNITED STATES THAT IS OR WAS     3,712        

SUBSTANTIALLY EQUIVALENT TO A VIOLATION OF ANY OF THOSE SECTIONS,  3,713        

IN WHICH CASE THE OFFENDER IS GUILTY OF A FELONY OF THE FOURTH     3,715        

DEGREE.  FOR each subsequent offense, THE OFFENDER IS GUILTY OF A  3,717        

FELONY OF THE FOURTH DEGREE.                                                    

      (B)  Whoever violates section 4734.23 4734.161 of the        3,719        

Revised Code is guilty of a misdemeanor of the first degree.       3,721        

      (C)  WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF      3,724        

SECTION 4734.32 OF THE REVISED CODE IS GUILTY OF A MINOR           3,725        

MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE     3,726        

PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT     3,727        

THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE     3,728        

SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE          3,729        

THOUSAND DOLLARS FOR EACH OFFENSE.                                 3,730        

      Sec. 4755.65.  (A)  Nothing in sections 4755.61 to 4755.64   3,739        

of the Revised Code shall be construed to prevent or restrict the  3,740        

practice, services, or activities of any person who:               3,741        

      (1)  Is an individual authorized under Chapter 4731. of the  3,744        

Revised Code to practice medicine and surgery, osteopathic         3,746        

medicine and surgery, or podiatry, a dentist licensed under        3,747        

Chapter 4715. of the Revised Code, a chiropractor licensed under   3,749        

Chapter 4734. of the Revised Code, a dietitian licensed under      3,750        

                                                          80     


                                                                 
Chapter 4759. of the Revised Code, or a qualified member of any    3,751        

other occupation or profession practicing within the scope of the  3,753        

person's license or profession and who does not claim to the                    

public to be an athletic trainer;                                  3,754        

      (2)  Is employed as an athletic trainer by an agency of the  3,756        

United States government and provides athletic training solely     3,757        

under the direction or control of the agency by which the person   3,759        

is employed;                                                       3,760        

      (3)  Is a student in a board-approved athletic training      3,762        

education program leading to a baccalaureate or higher degree      3,763        

from an accredited college or university and is performing duties  3,764        

that are a part of a supervised course of study;                   3,765        

      (4)  Is a nonresident of this state practicing or offering   3,767        

to practice athletic training, if the nonresident offers athletic  3,768        

training services for not more than ninety calendar days per year  3,769        

or, with board approval, for more than ninety but not more than    3,770        

one hundred eighty calendar days per year and meets either of the  3,771        

following requirements:                                                         

      (a)  The nonresident qualifies for licensure under section   3,773        

4755.62 of the Revised Code, except for passage of the             3,774        

examination required under division (C)(7) of that section;        3,775        

      (b)  The nonresident holds a valid license issued by a       3,777        

state that has licensure requirements considered by the athletic   3,778        

trainers section of the Ohio occupational therapy, physical        3,779        

therapy, and athletic trainers board to be comparable to those of  3,780        

this state.                                                        3,781        

      (5)  Provides athletic training only to relatives or in      3,783        

medical emergencies;                                               3,784        

      (6)  Provides gratuitous care to friends or members of the   3,787        

person's family;                                                                

      (7)  Provides only self-care.                                3,789        

      (B)  Nothing in this chapter shall be construed to prevent   3,791        

any person licensed under Chapter 4723. of the Revised Code and    3,792        

whose license is in good standing, any person authorized under     3,793        

                                                          81     


                                                                 
Chapter 4731. of the Revised Code to practice medicine and         3,795        

surgery or osteopathic medicine and surgery and whose certificate  3,796        

to practice is in good standing, any person authorized under       3,797        

Chapter 4731. of the Revised Code to practice podiatry and whose   3,798        

certificate to practice is in good standing, any person licensed   3,799        

and registered under Chapter 4734. of the Revised Code to          3,800        

practice chiropractic and whose license is in good standing, any   3,801        

person licensed as a dietitian under Chapter 4759. of the Revised  3,802        

Code to practice dietetics and whose license is in good standing,  3,803        

any person licensed as a physical therapist under this chapter to  3,804        

practice physical therapy and whose license is in good standing,   3,805        

or any association, corporation, or partnership from advertising,  3,806        

describing, or offering to provide athletic training, or billing   3,807        

for athletic training if the athletic training services are        3,808        

provided by a person licensed under this chapter and practicing    3,809        

within the scope of the person's license, by a person licensed     3,811        

under Chapter 4723. of the Revised Code and practicing within the  3,812        

scope of the person's license, by a person authorized under        3,814        

Chapter 4731. of the Revised Code to practice podiatry, by a       3,815        

person authorized under Chapter 4731. of the Revised Code to       3,816        

practice medicine and surgery or osteopathic medicine and          3,817        

surgery, by a person licensed under Chapter 4734. of the Revised   3,818        

Code to practice chiropractic, or by a person licensed under       3,819        

Chapter 4759. of the Revised Code to practice dietetics.           3,820        

      (C)  Nothing in this chapter shall be construed as           3,822        

authorizing a licensed athletic trainer to practice medicine and   3,823        

surgery, osteopathic medicine and surgery, podiatry, or            3,824        

chiropractic.                                                      3,825        

      Sec. 5903.12.  (A)  As used in this section:                 3,834        

      (1)  "Continuing education" means continuing education       3,836        

required of a licensee by law and includes, but is not limited     3,837        

to, the continuing education required of licensees under sections  3,838        

3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,   3,839        

4725.16, 4725.51, 4731.281, 4734.25, 4735.141, 4736.11, 4741.16,   3,841        

                                                          82     


                                                                 
4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and 4763.07  3,843        

of the Revised Code.                                                            

      (2)  "License" means a license, certificate, permit, or      3,845        

other authorization issued or conferred by a licensing agency      3,846        

under which a licensee may engage in a profession, occupation, or  3,847        

occupational activity.                                             3,848        

      (3)  "Licensee" means a person to whom all of the following  3,850        

apply:                                                             3,851        

      (a)  The person has been issued a license by a licensing     3,853        

agency.                                                            3,854        

      (b)  The person is a member of the Ohio national guard, the  3,856        

Ohio military reserve, the Ohio naval militia, or a reserve        3,857        

component of the armed forces of the United States.                3,858        

      (c)  The person has been called to active duty, whether      3,860        

inside or outside the United States, because of an executive       3,862        

order issued by the president of the United States or an act of    3,863        

congress, for a period in excess of thirty-one days.               3,864        

      (4)  "Licensing agency" means any state department,          3,866        

division, board, commission, agency, or other state governmental   3,867        

unit authorized by the Revised Code to issue a license.            3,868        

      (5)  "Reporting period" means the period of time during      3,870        

which a licensee must complete the number of hours of continuing   3,871        

education required of the licensee by law.                         3,872        

      (B)  Each licensing agency, upon receiving an application    3,874        

from one of its licensees that is accompanied by proper            3,875        

documentation certifying that the licensee has been called to      3,876        

active duty as described in division (A)(3)(c) of this section     3,878        

during the current or a prior reporting period and certifying the  3,879        

length of that active duty, shall extend the current reporting     3,880        

period by an amount of time equal to the total number of months    3,881        

that the licensee spent on active duty during the current          3,882        

reporting period.  For purposes of this division, any portion of   3,883        

a month served on active duty shall be considered one full month.  3,884        

      Section 2.  That existing sections 119.06, 119.12, 121.22,   3,886        

                                                          83     


                                                                 
125.22, 2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 3729.40,     3,888        

4734.01, 4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07,     3,889        

4734.08, 4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12,   3,890        

4734.13, 4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19,     3,891        

4734.20, 4734.21, 4734.22, 4734.23, 4734.99, 4755.65, and 5903.12  3,893        

of the Revised Code are hereby repealed.                                        

      Section 3.  That the version of section 121.22 of the        3,895        

Revised Code that is scheduled to take effect December 24, 2000,   3,896        

be amended to read as follows:                                                  

      Sec. 121.22.  (A)  This section shall be liberally           3,905        

construed to require public officials to take official action and  3,906        

to conduct all deliberations upon official business only in open   3,907        

meetings unless the subject matter is specifically excepted by     3,908        

law.                                                               3,909        

      (B)  As used in this section:                                3,911        

      (1)  "Public body" means any of the following:               3,913        

      (a)  Any board, commission, committee, council, or similar   3,915        

decision-making body of a state agency, institution, or            3,916        

authority, and any legislative authority or board, commission,     3,917        

committee, council, agency, authority, or similar decision-making  3,919        

body of any county, township, municipal corporation, school        3,920        

district, or other political subdivision or local public           3,921        

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    3,923        

division (B)(1)(a) of this section;                                3,924        

      (c)  A court of jurisdiction of a sanitary district          3,926        

organized wholly for the purpose of providing a water supply for   3,927        

domestic, municipal, and public use when meeting for the purpose   3,929        

of the appointment, removal, or reappointment of a member of the   3,930        

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        3,931        

related to such a district other than litigation involving the     3,932        

district.  As used in division (B)(1)(c) of this section, "court   3,933        

of jurisdiction" has the same meaning as "court" in section        3,934        

                                                          84     


                                                                 
6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       3,936        

public business of the public body by a majority of its members.   3,937        

      (3)  "Regulated individual" means either of the following:   3,939        

      (a)  A student in a state or local public educational        3,941        

institution;                                                       3,942        

      (b)  A person who is, voluntarily or involuntarily, an       3,944        

inmate, patient, or resident of a state or local institution       3,945        

because of criminal behavior, mental illness or retardation,       3,946        

disease, disability, age, or other condition requiring custodial   3,947        

care.                                                              3,948        

      (C)  All meetings of any public body are declared to be      3,950        

public meetings open to the public at all times.  A member of a    3,951        

public body shall be present in person at a meeting open to the    3,953        

public to be considered present or to vote at the meeting and for  3,954        

purposes of determining whether a quorum is present at the         3,955        

meeting.                                                           3,956        

      The minutes of a regular or special meeting of any public    3,959        

body shall be promptly prepared, filed, and maintained and shall   3,960        

be open to public inspection.  The minutes need only reflect the   3,961        

general subject matter of discussions in executive sessions        3,962        

authorized under division (G) or (J) of this section.                           

      (D)  This section does not apply to a grand jury, to an      3,964        

audit conference conducted by the auditor of state or independent  3,965        

certified public accountants with officials of the public office   3,966        

that is the subject of the audit, to the adult parole authority    3,967        

when its hearings are conducted at a correctional institution for  3,968        

the sole purpose of interviewing inmates to determine parole or    3,969        

pardon, to the organized crime investigations commission           3,970        

established under section 177.01 of the Revised Code, to the       3,971        

state medical board when determining whether to suspend a          3,972        

certificate without a prior hearing pursuant to division (G) of    3,974        

either section 4730.25 or 4731.22 of the Revised Code, to the      3,976        

board of nursing when determining whether to suspend a license or  3,977        

                                                          85     


                                                                 
certificate without a prior hearing pursuant to division (B) of    3,979        

section 4723.281 of the Revised Code, TO THE STATE CHIROPRACTIC    3,981        

BOARD WHEN DETERMINING WHETHER TO SUSPEND A LICENSE WITHOUT A      3,982        

PRIOR HEARING PURSUANT TO SECTION 4734.37 OF THE REVISED CODE, or  3,984        

to the executive committee of the emergency response commission    3,985        

when determining whether to issue an enforcement order or request  3,986        

that a civil action, civil penalty action, or criminal action be   3,987        

brought to enforce Chapter 3750. of the Revised Code.                           

      (E)  The controlling board, the development financing        3,989        

advisory council, the industrial technology and enterprise         3,990        

advisory council, the tax credit authority, or the minority        3,992        

development financing advisory board, when meeting to consider     3,993        

granting assistance pursuant to Chapter 122. or 166. of the        3,994        

Revised Code, in order to protect the interest of the applicant    3,995        

or the possible investment of public funds, by unanimous vote of   3,996        

all board, council, or authority members present, may close the    3,998        

meeting during consideration of the following information          4,000        

confidentially received by the authority, council, or board from   4,001        

the applicant:                                                     4,003        

      (1)  Marketing plans;                                        4,005        

      (2)  Specific business strategy;                             4,007        

      (3)  Production techniques and trade secrets;                4,009        

      (4)  Financial projections;                                  4,011        

      (5)  Personal financial statements of the applicant or       4,013        

members of the applicant's immediate family, including, but not    4,014        

limited to, tax records or other similar information not open to   4,016        

public inspection.                                                 4,017        

      The vote by the authority, council, or board to accept or    4,021        

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   4,024        

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           4,026        

reasonable method whereby any person may determine the time and    4,027        

place of all regularly scheduled meetings and the time, place,     4,028        

                                                          86     


                                                                 
and purpose of all special meetings.  A public body shall not      4,029        

hold a special meeting unless it gives at least twenty-four        4,030        

hours' advance notice to the news media that have requested        4,031        

notification, except in the event of an emergency requiring        4,032        

immediate official action.  In the event of an emergency, the      4,033        

member or members calling the meeting shall notify the news media  4,034        

that have requested notification immediately of the time, place,   4,035        

and purpose of the meeting.                                        4,036        

      The rule shall provide that any person, upon request and     4,039        

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  4,040        

business is to be discussed.  Provisions for advance notification  4,041        

may include, but are not limited to, mailing the agenda of         4,042        

meetings to all subscribers on a mailing list or mailing notices   4,043        

in self-addressed, stamped envelopes provided by the person.       4,044        

      (G)  Except as provided in division (J) of this section,     4,047        

the members of a public body may hold an executive session only    4,048        

after a majority of a quorum of the public body determines, by a   4,049        

roll call vote, to hold an executive session and only at a         4,051        

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     4,052        

      (1)  To consider the appointment, employment, dismissal,     4,054        

discipline, promotion, demotion, or compensation of a public       4,055        

employee or official, or the investigation of charges or           4,056        

complaints against a public employee, official, licensee, or       4,057        

regulated individual, unless the public employee, official,        4,058        

licensee, or regulated individual requests a public hearing.       4,059        

Except as otherwise provided by law, no public body shall hold an  4,060        

executive session for the discipline of an elected official for    4,061        

conduct related to the performance of the elected official's       4,062        

official duties or for the elected official's removal from         4,064        

office.  If a public body holds an executive session pursuant to   4,066        

division (G)(1) of this section, the motion and vote to hold that  4,067        

executive session shall state which one or more of the approved    4,068        

                                                          87     


                                                                 
purposes listed in division (G)(1) of this section are the         4,069        

purposes for which the executive session is to be held, but need   4,070        

not include the name of any person to be considered at the         4,071        

meeting.                                                                        

      (2)  To consider the purchase of property for public         4,073        

purposes, or for the sale of property at competitive bidding, if   4,074        

premature disclosure of information would give an unfair           4,075        

competitive or bargaining advantage to a person whose personal,    4,076        

private interest is adverse to the general public interest.  No    4,077        

member of a public body shall use division (G)(2) of this section  4,079        

as a subterfuge for providing covert information to prospective    4,081        

buyers or sellers.  A purchase or sale of public property is void  4,082        

if the seller or buyer of the public property has received covert  4,083        

information from a member of a public body that has not been       4,084        

disclosed to the general public in sufficient time for other       4,085        

prospective buyers and sellers to prepare and submit offers.       4,086        

      If the minutes of the public body show that all meetings     4,088        

and deliberations of the public body have been conducted in        4,089        

compliance with this section, any instrument executed by the       4,090        

public body purporting to convey, lease, or otherwise dispose of   4,091        

any right, title, or interest in any public property shall be      4,092        

conclusively presumed to have been executed in compliance with     4,093        

this section insofar as title or other interest of any bona fide   4,094        

purchasers, lessees, or transferees of the property is concerned.  4,095        

      (3)  Conferences with an attorney for the public body        4,097        

concerning disputes involving the public body that are the         4,098        

subject of pending or imminent court action;                       4,099        

      (4)  Preparing for, conducting, or reviewing negotiations    4,101        

or bargaining sessions with public employees concerning their      4,102        

compensation or other terms and conditions of their employment;    4,103        

      (5)  Matters required to be kept confidential by federal     4,105        

law or regulations or state statutes;                              4,106        

      (6)  Specialized details of security arrangements if         4,108        

disclosure of the matters discussed might reveal information that  4,109        

                                                          88     


                                                                 
could be used for the purpose of committing, or avoiding           4,110        

prosecution for, a violation of the law;                           4,111        

      (7)  In the case of a county hospital operated pursuant to   4,113        

Chapter 339. of the Revised Code, to consider trade secrets, as    4,115        

defined in section 1333.61 of the Revised Code.                                 

      If a public body holds an executive session to consider any  4,117        

of the matters listed in divisions (G)(2) to (7) of this section,  4,119        

the motion and vote to hold that executive session shall state     4,120        

which one or more of the approved matters listed in those          4,121        

divisions are to be considered at the executive session.           4,122        

      A public body specified in division (B)(1)(c) of this        4,125        

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               4,126        

      (H)  A resolution, rule, or formal action of any kind is     4,128        

invalid unless adopted in an open meeting of the public body.  A   4,129        

resolution, rule, or formal action adopted in an open meeting      4,130        

that results from deliberations in a meeting not open to the       4,131        

public is invalid unless the deliberations were for a purpose      4,132        

specifically authorized in division (G) or (J) of this section     4,133        

and conducted at an executive session held in compliance with      4,134        

this section.  A resolution, rule, or formal action adopted in an  4,135        

open meeting is invalid if the public body that adopted the        4,136        

resolution, rule, or formal action violated division (F) of this   4,137        

section.                                                           4,138        

      (I)(1)  Any person may bring an action to enforce this       4,140        

section.  An action under division (I)(1) of this section shall    4,142        

be brought within two years after the date of the alleged          4,143        

violation or threatened violation.  Upon proof of a violation or   4,144        

threatened violation of this section in an action brought by any   4,145        

person, the court of common pleas shall issue an injunction to     4,146        

compel the members of the public body to comply with its           4,147        

provisions.                                                        4,148        

      (2)(a)  If the court of common pleas issues an injunction    4,150        

pursuant to division (I)(1) of this section, the court shall       4,151        

                                                          89     


                                                                 
order the public body that it enjoins to pay a civil forfeiture    4,152        

of five hundred dollars to the party that sought the injunction    4,153        

and shall award to that party all court costs and, subject to      4,154        

reduction as described in division (I)(2) of this section,         4,156        

reasonable attorney's fees.  The court, in its discretion, may     4,157        

reduce an award of attorney's fees to the party that sought the    4,158        

injunction or not award attorney's fees to that party if the       4,159        

court determines both of the following:                            4,160        

      (i)  That, based on the ordinary application of statutory    4,162        

law and case law as it existed at the time of violation or         4,163        

threatened violation that was the basis of the injunction, a       4,164        

well-informed public body reasonably would believe that the        4,165        

public body was not violating or threatening to violate this       4,166        

section;                                                           4,167        

      (ii)  That a well-informed public body reasonably would      4,169        

believe that the conduct or threatened conduct that was the basis  4,170        

of the injunction would serve the public policy that underlies     4,171        

the authority that is asserted as permitting that conduct or       4,172        

threatened conduct.                                                4,173        

      (b)  If the court of common pleas does not issue an          4,175        

injunction pursuant to division (I)(1) of this section and the     4,176        

court determines at that time that the bringing of the action was  4,177        

frivolous conduct, as defined in division (A) of section 2323.51   4,178        

of the Revised Code, the court shall award to the public body all  4,179        

court costs and reasonable attorney's fees, as determined by the   4,180        

court.                                                             4,181        

      (3)  Irreparable harm and prejudice to the party that        4,183        

sought the injunction shall be conclusively and irrebuttably       4,184        

presumed upon proof of a violation or threatened violation of      4,185        

this section.                                                      4,186        

      (4)  A member of a public body who knowingly violates an     4,188        

injunction issued pursuant to division (I)(1) of this section may  4,189        

be removed from office by an action brought in the court of        4,190        

common pleas for that purpose by the prosecuting attorney or the   4,191        

                                                          90     


                                                                 
attorney general.                                                  4,192        

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   4,194        

Revised Code, a veterans service commission shall hold an          4,195        

executive session for one or more of the following purposes        4,196        

unless an applicant requests a public hearing:                     4,197        

      (a)  Interviewing an applicant for financial assistance      4,199        

under sections 5901.01 to 5901.15 of the Revised Code;             4,200        

      (b)  Discussing applications, statements, and other          4,202        

documents described in division (B) of section 5901.09 of the      4,203        

Revised Code;                                                      4,204        

      (c)  Reviewing matters relating to an applicant's request    4,206        

for financial assistance under sections 5901.01 to 5901.15 of the  4,207        

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      4,209        

applicant for, recipient of, or former recipient of financial      4,210        

assistance under sections 5901.01 to 5901.15 of the Revised Code,  4,211        

and shall not exclude representatives selected by the applicant,   4,213        

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   4,214        

applicant's, recipient's, or former recipient's application for    4,215        

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   4,217        

or denial of financial assistance under sections 5901.01 to        4,218        

5901.15 of the Revised Code only in an open meeting of the         4,220        

commission.  The minutes of the meeting shall indicate the name,   4,221        

address, and occupation of the applicant, whether the assistance   4,222        

was granted or denied, the amount of the assistance if assistance  4,223        

is granted, and the votes for and against the granting of          4,224        

assistance.                                                                     

      Section 4.  That the existing version of section 121.22 of   4,226        

the Revised Code that is scheduled to take effect December 24,     4,227        

2000, is hereby repealed.                                                       

      Section 5.  Sections 3 and 4 of this act take effect         4,229        

December 24, 2000.                                                              

                                                          91     


                                                                 
      Section 6.  This act shall be known as the Patient           4,231        

Protection and Professional Standards Act of 2000.                 4,232        

      Section 7.  Wherever the Chiropractic Examining Board or     4,234        

its secretary are referred to in any law, contract, or other       4,235        

document, the reference shall be deemed to refer to the State      4,236        

Chiropractic Board or its executive director, whichever is         4,237        

appropriate.  No action or proceeding pending on the effective     4,238        

date of this act is affected by the renaming of the Chiropractic   4,239        

Examining Board and shall be prosecuted or defended in the name    4,240        

of the State Chiropractic Board or its executive director.         4,241        

      Section 8.  Section 119.12 of the Revised Code is presented  4,243        

in this act as a composite of the section as amended by both Am.   4,245        

Sub. H.B. 402 and Sub. H.B. 606 of the 122nd General Assembly,                  

with the new language of neither of the acts shown in capital      4,247        

letters.  This is in recognition of the principle stated in        4,248        

division (B) of section 1.52 of the Revised Code that such         4,249        

amendments are to be harmonized where not substantively            4,250        

irreconcilable and constitutes a legislative finding that such is  4,251        

the resulting version in effect prior to the effective date of     4,252        

this act.