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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.