As Passed by the House                        1            

                                                                                

                        CORRECTED VERSION                          3            

123rd General Assembly                                             6            

   Regular Session                           Sub. H. B. No. 506    7            

      1999-2000                                                    8            


REPRESENTATIVES SCHURING-OGG-DePIERO-VAN VYVEN-ASLANIDES-BUEHRER-  10           

  TIBERI-JONES-FORD-GOODMAN-PERRY-STEVENS-SCHULER-DAMSCHRODER-     11           

        JOLIVETTE-VERICH-O'BRIEN-HARRIS-KRUPINSKI-SALERNO          12           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend sections 119.06, 119.12, 121.22, 125.22,     15           

                2317.02, 2929.24, 3701.74, 3719.12, 3719.121,      17           

                3729.40, 4734.01, 4734.02, 4734.03, 4734.04,       18           

                4734.05, 4734.06, 4734.07, 4734.08, 4734.09,       19           

                4734.091, 4734.10, 4734.101, 4734.11, 4734.12,     21           

                4734.13, 4734.14, 4734.15, 4734.16, 4734.17,       23           

                4734.18, 4734.19, 4734.20, 4734.21, 4734.22,       24           

                4734.99, 4755.65, and 5903.12; to amend, for the   26           

                purpose of adopting new section numbers as         27           

                indicated in parentheses, sections 4734.01         28           

                (4734.02), 4734.02 (4734.05), 4734.03 (4734.04),   29           

                4734.04 (4734.03), 4734.05 (4734.20), 4734.06      30           

                (4734.23), 4734.07 (4734.25), 4734.09 (4734.15),   31           

                4734.091 (4734.17), 4734.10 (4734.31), 4734.101    32           

                (4734.37), 4734.11 (4734.38), 4734.12 (4734.34),   33           

                4734.13 (4734.46), 4734.14 (4734.45), 4734.15      34           

                (4734.47), 4734.16 (4734.53), 4734.17 (4734.14),   35           

                4734.18 (4734.54), 4734.19  (4734.24), 4734.20     36           

                (4734.56), 4734.21 (4734.55), 4734.22 (4734.311),  37           

                and 4734.23 (4734.161); and to enact new sections  39           

                4734.01, 4734.06, 4734.07, 4734.09, 4734.10,       40           

                4734.16, 4734.19, 4734.21, and 4734.22 and                      

                sections 4734.162, 4734.201, 4734.26, 4734.27,     41           

                4734.32, 4734.33, 4734.35, 4734.36, 4734.39,       44           

                                                          2      


                                                                 
                4734.40, 4734.41, 4734.42, 4734.48, 4734.49, and   45           

                4734.50 of the Revised Code to revise the laws     46           

                pertaining to the regulation of chiropractors and  47           

                to amend the version of section 121.22 of the                   

                Revised Code that is scheduled to take effect      48           

                December 24, 2000, to continue the provisions of   49           

                this act on and after that effective date.                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        51           

      Section 1.  That sections 119.06, 119.12, 121.22, 125.22,    53           

2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 3729.40, 4734.01,    55           

4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07, 4734.08,     56           

4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12, 4734.13,   57           

4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19, 4734.20,     58           

4734.21, 4734.22, 4734.99, 4755.65, and 5903.12 be amended;        60           

sections 4734.01 (4734.02), 4734.02 (4734.05), 4734.03 (4734.04),  61           

4734.04 (4734.03), 4734.05 (4734.20), 4734.06 (4734.23), 4734.07   62           

(4734.25), 4734.09 (4734.15), 4734.091 (4734.17), 4734.10          63           

(4734.31), 4734.101 (4734.37), 4734.11 (4734.38), 4734.12          64           

(4734.34), 4734.13 (4734.46), 4734.14 (4734.45), 4734.15           65           

(4734.47), 4734.16 (4734.53), 4734.17 (4734.14), 4734.18           66           

(4734.54), 4734.19 (4734.24), 4734.20 (4734.56), 4734.21           67           

(4734.55), 4734.22 (4734.311), and 4734.23 (4734.161) be amended   68           

for the purpose of adopting new section numbers as indicated in    69           

parentheses; and new sections 4734.01, 4734.06, 4734.07, 4734.09,  71           

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,   74           

4734.36, 4734.39, 4734.40, 4734.41, 4734.42, 4734.48, 4734.49,     75           

and 4734.50 of the Revised Code be enacted to read as follows:     76           

      Sec. 119.06.  No adjudication order of an agency shall be    86           

valid unless the agency is specifically authorized by law to make  87           

such order.                                                        88           

      No adjudication order shall be valid unless an opportunity   90           

                                                          3      


                                                                 
for a hearing is afforded in accordance with sections 119.01 to    91           

119.13 of the Revised Code.  Such opportunity for a hearing shall  92           

be given before making the adjudication order except in those      93           

situations where this section provides otherwise.                  94           

      The following adjudication orders shall be effective         96           

without a hearing:                                                 97           

      (A)  Orders revoking a license in cases where an agency is   99           

required by statute to revoke a license pursuant to the judgment   100          

of a court;                                                        101          

      (B)  Orders suspending a license where a statute             103          

specifically permits the suspension of a license without a         104          

hearing;                                                           105          

      (C)  Orders or decisions of an authority within an agency    107          

if the rules of the agency or the statutes pertaining to such      108          

agency specifically give a right of appeal to a higher authority   109          

within such agency, to another agency, or to the board of tax      110          

appeals, and also give the appellant a right to a hearing on such  111          

appeal.                                                            112          

      When a statute permits the suspension of a license without   114          

a prior hearing, any agency issuing an order pursuant to such      115          

statute shall afford the person to whom the order is issued a      116          

hearing upon request.                                              117          

      Whenever an agency claims that a person is required by       119          

statute to obtain a license, it shall afford a hearing upon the    120          

request of a person who claims that the law does not impose such   121          

a requirement.                                                     122          

      Every agency shall afford a hearing upon the request of any  124          

person who has been refused admission to an examination where      125          

such examination is a prerequisite to the issuance of a license    126          

unless a hearing was held prior to such refusal.                   127          

      Unless a hearing was held prior to the refusal to issue the  129          

license, every agency shall afford a hearing upon the request of   130          

a person whose application for a license has been rejected and to  131          

whom the agency has refused to issue a license, whether it is a    132          

                                                          4      


                                                                 
renewal or a new license, except that the following are not        133          

required to afford a hearing to a person to whom a new license     134          

has been refused because the person failed a licensing             135          

examination:  the state medical board, STATE chiropractic          136          

examining board, board of examiners of architects, board of        138          

landscape architect examiners, and any section of the Ohio         139          

occupational therapy, physical therapy, and athletic trainers      140          

board.                                                                          

      When periodic registration of licenses is required by law,   142          

the agency shall afford a hearing upon the request of any          143          

licensee whose registration has been denied, unless a hearing was  144          

held prior to such denial.                                         145          

      When periodic registration of licenses or renewal of         147          

licenses is required by law, a licensee who has filed his AN       148          

application for registration or renewal within the time and in     149          

the manner provided by statute or rule of the agency, shall not    150          

be required to discontinue a licensed business or profession       151          

merely because of the failure of the agency to act on his THE      152          

LICENSEE'S application.  Action of an agency rejecting any such    154          

application shall not be effective prior to fifteen days after     155          

notice of the rejection is mailed to the licensee.                 156          

      Sec. 119.12.  Any party adversely affected by any order of   165          

an agency issued pursuant to an adjudication denying an applicant  166          

admission to an examination, or denying the issuance or renewal    167          

of a license or registration of a licensee, or revoking or         168          

suspending a license, or allowing the payment of a forfeiture      169          

under section 4301.252 of the Revised Code, may appeal from the    170          

order of the agency to the court of common pleas of the county in  171          

which the place of business of the licensee is located or the      172          

county in which the licensee is a resident, except that appeals    173          

from decisions of the liquor control commission, the state         175          

medical board, STATE chiropractic examining board, and board of    176          

nursing shall be to the court of common pleas of Franklin county.  177          

If any such party is not a resident of and has no place of         178          

                                                          5      


                                                                 
business in this state, the party may appeal to the court of       180          

common pleas of Franklin county.                                                

      Any party adversely affected by any order of an agency       182          

issued pursuant to any other adjudication may appeal to the court  183          

of common pleas of Franklin county, except that appeals from       184          

orders of the fire marshal issued under Chapter 3737. of the       185          

Revised Code may be to the court of common pleas of the county in  186          

which the building of the aggrieved person is located.             187          

      This section does not apply to appeals from the department   189          

of taxation.                                                       190          

      Any party desiring to appeal shall file a notice of appeal   192          

with the agency setting forth the order appealed from and the      193          

grounds of the party's appeal.  A copy of such notice of appeal    195          

shall also be filed by the appellant with the court.  Unless       196          

otherwise provided by law relating to a particular agency, such    197          

notices of appeal shall be filed within fifteen days after the     198          

mailing of the notice of the agency's order as provided in this    199          

section.  For purposes of this paragraph, an order includes a      200          

determination appealed pursuant to division (C) of section         201          

119.092 of the Revised Code.                                       202          

      The filing of a notice of appeal shall not automatically     204          

operate as a suspension of the order of an agency.  If it appears  205          

to the court that an unusual hardship to the appellant will        206          

result from the execution of the agency's order pending            207          

determination of the appeal, the court may grant a suspension and  208          

fix its terms.  If an appeal is taken from the judgment of the     209          

court and the court has previously granted a suspension of the     210          

agency's order as provided in this section, such suspension of     211          

the agency's order shall not be vacated and shall be given full    212          

force and effect until the matter is finally adjudicated.  No      213          

renewal of a license or permit shall be denied by reason of such   214          

suspended order during the period of the appeal from the decision  215          

of the court of common pleas.  In the case of an appeal from the   216          

state medical board or STATE chiropractic examining board, the     217          

                                                          6      


                                                                 
court may grant a suspension and fix its terms if it appears to    218          

the court that an unusual hardship to the appellant will result    219          

from the execution of the agency's order pending determination of  220          

the appeal and the health, safety, and welfare of the public will  221          

not be threatened by suspension of the order.  This provision      222          

shall not be construed to limit the factors the court may          223          

consider in determining whether to suspend an order of any other   224          

agency pending determination of an appeal.                         225          

      The final order of adjudication may apply to any renewal of  227          

a license or permit which has been granted during the period of    228          

the appeal.                                                        229          

      Notwithstanding any other provision of this section, any     231          

order issued by a court of common pleas or a court of appeals      232          

suspending the effect of an order of the liquor control            234          

commission issued pursuant to Chapter 4301. or 4303. of the        235          

Revised Code that suspends, revokes, or cancels a permit issued    236          

under Chapter 4303. of the Revised Code, or that allows the        237          

payment of a forfeiture under section 4301.252 of the Revised      239          

Code, shall terminate not more than six months after the date of   240          

the filing of the record of the liquor control commission with     241          

the clerk of the court of common pleas and shall not be extended.  243          

The court of common pleas, or the court of appeals on appeal,      244          

shall render a judgment in that matter within six months after                  

the date of the filing of the record of the liquor control         245          

commission with the clerk of the court of common pleas.  A court   246          

of appeals shall not issue an order suspending the effect of an    247          

order of the liquor control commission that extends beyond six     248          

months after the date on which the record of the liquor control    249          

commission is filed with a court of common pleas.                               

      Notwithstanding any other provision of this section, any     251          

order issued by a court of common pleas suspending the effect of   252          

an order of the state medical board or STATE chiropractic          253          

examining board that limits, revokes, suspends, places on          254          

probation, or refuses to register or reinstate a certificate       255          

                                                          7      


                                                                 
issued by the board or reprimands the holder of such a             256          

certificate shall terminate not more than fifteen months after     257          

the date of the filing of a notice of appeal in the court of       258          

common pleas, or upon the rendering of a final decision or order   259          

in the appeal by the court of common pleas, whichever occurs       260          

first.                                                                          

      Within thirty days after receipt of a notice of appeal from  262          

an order in any case in which a hearing is required by sections    263          

119.01 to 119.13 of the Revised Code, the agency shall prepare     264          

and certify to the court a complete record of the proceedings in   265          

the case.  Failure of the agency to comply within the time         266          

allowed, upon motion, shall cause the court to enter a finding in  267          

favor of the party adversely affected.  Additional time, however,  268          

may be granted by the court, not to exceed thirty days, when it    269          

is shown that the agency has made substantial effort to comply.    270          

Such record shall be prepared and transcribed and the expense of   271          

it shall be taxed as a part of the costs on the appeal.  The       272          

appellant shall provide security for costs satisfactory to the     273          

court of common pleas.  Upon demand by any interested party, the   274          

agency shall furnish at the cost of the party requesting it a      275          

copy of the stenographic report of testimony offered and evidence  276          

submitted at any hearing and a copy of the complete record.        277          

      Notwithstanding any other provision of this section, any     279          

party desiring to appeal an order or decision of the state         280          

personnel board of review shall, at the time of filing a notice    281          

of appeal with the board, provide a security deposit in an amount  282          

and manner prescribed in rules that the board shall adopt in       283          

accordance with this chapter.  In addition, the board is not       284          

required to prepare or transcribe the record of any of its         285          

proceedings unless the appellant has provided the deposit          286          

described above.  The failure of the board to prepare or           287          

transcribe a record for an appellant who has not provided a        288          

security deposit shall not cause a court to enter a finding        289          

adverse to the board.                                              290          

                                                          8      


                                                                 
      Unless otherwise provided by law, in the hearing of the      292          

appeal, the court is confined to the record as certified to it by  293          

the agency.  Unless otherwise provided by law, the court may       294          

grant a request for the admission of additional evidence when      295          

satisfied that such additional evidence is newly discovered and    296          

could not with reasonable diligence have been ascertained prior    297          

to the hearing before the agency.                                  298          

      The court shall conduct a hearing on such appeal and shall   300          

give preference to all proceedings under sections 119.01 to        301          

119.13 of the Revised Code, over all other civil cases,            302          

irrespective of the position of the proceedings on the calendar    303          

of the court.  An appeal from an order of the state medical board  304          

issued pursuant to division (G) of either section 4730.25 or       306          

4731.22 of the Revised Code, or the STATE chiropractic examining   307          

board issued pursuant to section 4734.101 4734.37 of the Revised   308          

Code, or the liquor control commission issued pursuant to Chapter  309          

4301. or 4303. of the Revised Code shall be set down for hearing   310          

at the earliest possible time and takes precedence over all other  311          

actions.  The hearing in the court of common pleas shall proceed   312          

as in the trial of a civil action, and the court shall determine   313          

the rights of the parties in accordance with the laws applicable   314          

to such action.  At such hearing, counsel may be heard on oral     315          

argument, briefs may be submitted, and evidence introduced if the  316          

court has granted a request for the presentation of additional     317          

evidence.                                                                       

      The court may affirm the order of the agency complained of   319          

in the appeal if it finds, upon consideration of the entire        320          

record and such additional evidence as the court has admitted,     321          

that the order is supported by reliable, probative, and            322          

substantial evidence and is in accordance with law.  In the        323          

absence of such a finding, it may reverse, vacate, or modify the   324          

order or make such other ruling as is supported by reliable,       325          

probative, and substantial evidence and is in accordance with      326          

law.  The court shall award compensation for fees in accordance    327          

                                                          9      


                                                                 
with section 2335.39 of the Revised Code to a prevailing party,    328          

other than an agency, in an appeal filed pursuant to this          329          

section.                                                           330          

      The judgment of the court shall be final and conclusive      332          

unless reversed, vacated, or modified on appeal.  Such appeals     333          

may be taken either by the party or the agency, shall proceed as   334          

in the case of appeals in civil actions, and shall be pursuant to  335          

the Rules of Appellate Procedure and, to the extent not in         336          

conflict with those rules, Chapter 2505. of the Revised Code.      337          

Such appeal by the agency shall be taken on questions of law       338          

relating to the constitutionality, construction, or                339          

interpretation of statutes and rules of the agency, and in such    340          

appeal the court may also review and determine the correctness of  341          

the judgment of the court of common pleas that the order of the    342          

agency is not supported by any reliable, probative, and            343          

substantial evidence in the entire record.                         344          

      The court shall certify its judgment to such agency or take  346          

such other action necessary to give its judgment effect.           347          

      Sec. 121.22.  (A)  This section shall be liberally           356          

construed to require public officials to take official action and  357          

to conduct all deliberations upon official business only in open   358          

meetings unless the subject matter is specifically excepted by     359          

law.                                                               360          

      (B)  As used in this section:                                362          

      (1)  "Public body" means any of the following:               364          

      (a)  Any board, commission, committee, council, or similar   366          

decision-making body of a state agency, institution, or            367          

authority, and any legislative authority or board, commission,     368          

committee, council, agency, authority, or similar decision-making  370          

body of any county, township, municipal corporation, school        371          

district, or other political subdivision or local public           372          

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    374          

division (B)(1)(a) of this section;                                375          

                                                          10     


                                                                 
      (c)  A court of jurisdiction of a sanitary district          377          

organized wholly for the purpose of providing a water supply for   378          

domestic, municipal, and public use when meeting for the purpose   380          

of the appointment, removal, or reappointment of a member of the   381          

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        382          

related to such a district other than litigation involving the     383          

district.  As used in division (B)(1)(c) of this section, "court   384          

of jurisdiction" has the same meaning as "court" in section        385          

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       387          

public business of the public body by a majority of its members.   388          

      (3)  "Regulated individual" means either of the following:   390          

      (a)  A student in a state or local public educational        392          

institution;                                                       393          

      (b)  A person who is, voluntarily or involuntarily, an       395          

inmate, patient, or resident of a state or local institution       396          

because of criminal behavior, mental illness or retardation,       397          

disease, disability, age, or other condition requiring custodial   398          

care.                                                              399          

      (C)  All meetings of any public body are declared to be      401          

public meetings open to the public at all times.  A member of a    402          

public body shall be present in person at a meeting open to the    404          

public to be considered present or to vote at the meeting and for  405          

purposes of determining whether a quorum is present at the         406          

meeting.                                                           407          

      The minutes of a regular or special meeting of any public    410          

body shall be promptly prepared, filed, and maintained and shall   411          

be open to public inspection.  The minutes need only reflect the   412          

general subject matter of discussions in executive sessions        413          

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

      (D)  This section does not apply to a grand jury, to an      415          

audit conference conducted by the auditor of state or independent  416          

certified public accountants with officials of the public office   417          

                                                          11     


                                                                 
that is the subject of the audit, to the adult parole authority    418          

when its hearings are conducted at a correctional institution for  419          

the sole purpose of interviewing inmates to determine parole or    420          

pardon, to the organized crime investigations commission           421          

established under section 177.01 of the Revised Code, to the       422          

state medical board when determining whether to suspend a          423          

certificate without a prior hearing pursuant to division (G) of    425          

either section 4730.25 or 4731.22 of the Revised Code, to the      427          

board of nursing when determining whether to suspend a license     428          

without a prior hearing pursuant to division (B) of section        429          

4723.181 of the Revised Code, TO THE STATE CHIROPRACTIC BOARD      430          

WHEN DETERMINING WHETHER TO SUSPEND A LICENSE WITHOUT A HEARING    431          

PURSUANT TO SECTION 4734.37 OF THE REVISED CODE, or to the         433          

executive committee of the emergency response commission when      434          

determining whether to issue an enforcement order or request that  435          

a civil action, civil penalty action, or criminal action be        436          

brought to enforce Chapter 3750. of the Revised Code.                           

      (E)  The controlling board, the development financing        438          

advisory council, the industrial technology and enterprise         439          

advisory council, the tax credit authority, or the minority        441          

development financing advisory board, when meeting to consider     442          

granting assistance pursuant to Chapter 122. or 166. of the        443          

Revised Code, in order to protect the interest of the applicant    444          

or the possible investment of public funds, by unanimous vote of   445          

all board, council, or authority members present, may close the    447          

meeting during consideration of the following information          449          

confidentially received by the authority, council, or board from   450          

the applicant:                                                     452          

      (1)  Marketing plans;                                        454          

      (2)  Specific business strategy;                             456          

      (3)  Production techniques and trade secrets;                458          

      (4)  Financial projections;                                  460          

      (5)  Personal financial statements of the applicant or       462          

members of the applicant's immediate family, including, but not    463          

                                                          12     


                                                                 
limited to, tax records or other similar information not open to   465          

public inspection.                                                 466          

      The vote by the authority, council, or board to accept or    470          

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   473          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           475          

reasonable method whereby any person may determine the time and    476          

place of all regularly scheduled meetings and the time, place,     477          

and purpose of all special meetings.  A public body shall not      478          

hold a special meeting unless it gives at least twenty-four        479          

hours' advance notice to the news media that have requested        480          

notification, except in the event of an emergency requiring        481          

immediate official action.  In the event of an emergency, the      482          

member or members calling the meeting shall notify the news media  483          

that have requested notification immediately of the time, place,   484          

and purpose of the meeting.                                        485          

      The rule shall provide that any person, upon request and     488          

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  489          

business is to be discussed.  Provisions for advance notification  490          

may include, but are not limited to, mailing the agenda of         491          

meetings to all subscribers on a mailing list or mailing notices   492          

in self-addressed, stamped envelopes provided by the person.       493          

      (G)  Except as provided in division (J) of this section,     496          

the members of a public body may hold an executive session only    497          

after a majority of a quorum of the public body determines, by a   498          

roll call vote, to hold an executive session and only at a         500          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     501          

      (1)  To consider the appointment, employment, dismissal,     503          

discipline, promotion, demotion, or compensation of a public       504          

employee or official, or the investigation of charges or           505          

complaints against a public employee, official, licensee, or       506          

                                                          13     


                                                                 
regulated individual, unless the public employee, official,        507          

licensee, or regulated individual requests a public hearing.       508          

Except as otherwise provided by law, no public body shall hold an  509          

executive session for the discipline of an elected official for    510          

conduct related to the performance of the elected official's       511          

official duties or for the elected official's removal from         513          

office.  If a public body holds an executive session pursuant to   515          

division (G)(1) of this section, the motion and vote to hold that  516          

executive session shall state which one or more of the approved    517          

purposes listed in division (G)(1) of this section are the         518          

purposes for which the executive session is to be held, but need   519          

not include the name of any person to be considered at the         520          

meeting.                                                                        

      (2)  To consider the purchase of property for public         522          

purposes, or for the sale of property at competitive bidding, if   523          

premature disclosure of information would give an unfair           524          

competitive or bargaining advantage to a person whose personal,    525          

private interest is adverse to the general public interest.  No    526          

member of a public body shall use division (G)(2) of this section  528          

as a subterfuge for providing covert information to prospective    530          

buyers or sellers.  A purchase or sale of public property is void  531          

if the seller or buyer of the public property has received covert  532          

information from a member of a public body that has not been       533          

disclosed to the general public in sufficient time for other       534          

prospective buyers and sellers to prepare and submit offers.       535          

      If the minutes of the public body show that all meetings     537          

and deliberations of the public body have been conducted in        538          

compliance with this section, any instrument executed by the       539          

public body purporting to convey, lease, or otherwise dispose of   540          

any right, title, or interest in any public property shall be      541          

conclusively presumed to have been executed in compliance with     542          

this section insofar as title or other interest of any bona fide   543          

purchasers, lessees, or transferees of the property is concerned.  544          

      (3)  Conferences with an attorney for the public body        546          

                                                          14     


                                                                 
concerning disputes involving the public body that are the         547          

subject of pending or imminent court action;                       548          

      (4)  Preparing for, conducting, or reviewing negotiations    550          

or bargaining sessions with public employees concerning their      551          

compensation or other terms and conditions of their employment;    552          

      (5)  Matters required to be kept confidential by federal     554          

law or regulations or state statutes;                              555          

      (6)  Specialized details of security arrangements if         557          

disclosure of the matters discussed might reveal information that  558          

could be used for the purpose of committing, or avoiding           559          

prosecution for, a violation of the law;                           560          

      (7)  In the case of a county hospital operated pursuant to   562          

Chapter 339. of the Revised Code, to consider trade secrets, as    564          

defined in section 1333.61 of the Revised Code.                                 

      If a public body holds an executive session to consider any  566          

of the matters listed in divisions (G)(2) to (7) of this section,  568          

the motion and vote to hold that executive session shall state     569          

which one or more of the approved matters listed in those          570          

divisions are to be considered at the executive session.           571          

      A public body specified in division (B)(1)(c) of this        574          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               575          

      (H)  A resolution, rule, or formal action of any kind is     577          

invalid unless adopted in an open meeting of the public body.  A   578          

resolution, rule, or formal action adopted in an open meeting      579          

that results from deliberations in a meeting not open to the       580          

public is invalid unless the deliberations were for a purpose      581          

specifically authorized in division (G) or (J) of this section     582          

and conducted at an executive session held in compliance with      583          

this section.  A resolution, rule, or formal action adopted in an  584          

open meeting is invalid if the public body that adopted the        585          

resolution, rule, or formal action violated division (F) of this   586          

section.                                                           587          

      (I)(1)  Any person may bring an action to enforce this       589          

                                                          15     


                                                                 
section.  An action under division (I)(1) of this section shall    591          

be brought within two years after the date of the alleged          592          

violation or threatened violation.  Upon proof of a violation or   593          

threatened violation of this section in an action brought by any   594          

person, the court of common pleas shall issue an injunction to     595          

compel the members of the public body to comply with its           596          

provisions.                                                        597          

      (2)(a)  If the court of common pleas issues an injunction    599          

pursuant to division (I)(1) of this section, the court shall       600          

order the public body that it enjoins to pay a civil forfeiture    601          

of five hundred dollars to the party that sought the injunction    602          

and shall award to that party all court costs and, subject to      603          

reduction as described in division (I)(2) of this section,         605          

reasonable attorney's fees.  The court, in its discretion, may     606          

reduce an award of attorney's fees to the party that sought the    607          

injunction or not award attorney's fees to that party if the       608          

court determines both of the following:                            609          

      (i)  That, based on the ordinary application of statutory    611          

law and case law as it existed at the time of violation or         612          

threatened violation that was the basis of the injunction, a       613          

well-informed public body reasonably would believe that the        614          

public body was not violating or threatening to violate this       615          

section;                                                           616          

      (ii)  That a well-informed public body reasonably would      618          

believe that the conduct or threatened conduct that was the basis  619          

of the injunction would serve the public policy that underlies     620          

the authority that is asserted as permitting that conduct or       621          

threatened conduct.                                                622          

      (b)  If the court of common pleas does not issue an          624          

injunction pursuant to division (I)(1) of this section and the     625          

court determines at that time that the bringing of the action was  626          

frivolous conduct, as defined in division (A) of section 2323.51   627          

of the Revised Code, the court shall award to the public body all  628          

court costs and reasonable attorney's fees, as determined by the   629          

                                                          16     


                                                                 
court.                                                             630          

      (3)  Irreparable harm and prejudice to the party that        632          

sought the injunction shall be conclusively and irrebuttably       633          

presumed upon proof of a violation or threatened violation of      634          

this section.                                                      635          

      (4)  A member of a public body who knowingly violates an     637          

injunction issued pursuant to division (I)(1) of this section may  638          

be removed from office by an action brought in the court of        639          

common pleas for that purpose by the prosecuting attorney or the   640          

attorney general.                                                  641          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   643          

Revised Code, a veterans service commission shall hold an          644          

executive session for one or more of the following purposes        645          

unless an applicant requests a public hearing:                     646          

      (a)  Interviewing an applicant for financial assistance      648          

under sections 5901.01 to 5901.15 of the Revised Code;             649          

      (b)  Discussing applications, statements, and other          651          

documents described in division (B) of section 5901.09 of the      652          

Revised Code;                                                      653          

      (c)  Reviewing matters relating to an applicant's request    655          

for financial assistance under sections 5901.01 to 5901.15 of the  656          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      658          

applicant for, recipient of, or former recipient of financial      659          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  660          

and shall not exclude representatives selected by the applicant,   662          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   663          

applicant's, recipient's, or former recipient's application for    664          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   666          

or denial of financial assistance under sections 5901.01 to        667          

5901.15 of the Revised Code only in an open meeting of the         669          

commission.  The minutes of the meeting shall indicate the name,   670          

                                                          17     


                                                                 
address, and occupation of the applicant, whether the assistance   671          

was granted or denied, the amount of the assistance if assistance  672          

is granted, and the votes for and against the granting of          673          

assistance.                                                                     

      Sec. 125.22.  (A)  The department of administrative          682          

services shall establish the central service agency to perform     683          

routine support for the following boards and commissions:          684          

      (1)  State board of examiners of architects;                 686          

      (2)  Barber board;                                           688          

      (3)  Chiropractic examining STATE CHIROPRACTIC board;        690          

      (4)  State board of cosmetology;                             692          

      (5)  Accountancy board;                                      694          

      (6)  State dental board;                                     696          

      (7)  State board of optometry;                               698          

      (8)  Ohio occupational therapy, physical therapy, and        700          

athletic trainers board;                                           701          

      (9)  State board of registration for professional engineers  704          

and surveyors;                                                                  

      (10)  State board of sanitarian registration;                706          

      (11)  Board of embalmers and funeral directors;              708          

      (12)  State board of psychology;                             710          

      (13)  Ohio optical dispensers board;                         712          

      (14)  Board of speech pathology and audiology;               714          

      (15)  Counselor and social worker board;                     716          

      (16)  State veterinary medical licensing board;              718          

      (17)  Ohio board of dietetics;                               720          

      (18)  Commission on Hispanic-Latino affairs;                 722          

      (19)  Ohio respiratory care board.                           724          

      (B)(1)  Notwithstanding any other section of the Revised     726          

Code, the agency shall perform the following routine support       727          

services for the boards and commissions named in division (A) of   728          

this section unless the controlling board exempts a board or       729          

commission from this requirement on the recommendation of the      730          

director of administrative services:                               731          

                                                          18     


                                                                 
      (a)  Preparing and processing payroll and other personnel    733          

documents;                                                         734          

      (b)  Preparing and processing vouchers, purchase orders,     736          

encumbrances, and other accounting documents;                      737          

      (c)  Maintaining ledgers of accounts and balances;           739          

      (d)  Preparing and monitoring budgets and allotment plans    741          

in consultation with the boards and commissions;                   742          

      (e)  Maintaining information required by section 3729.40 of  744          

the Revised Code;                                                               

      (f)  Other routine support services that the director of     746          

administrative services considers appropriate to achieve           747          

efficiency.                                                        748          

      (2)  The agency may perform other services which a board or  750          

commission named in division (A) of this section delegates to the  751          

agency and the agency accepts.                                     752          

      (3)  The agency may perform any service for any              754          

professional or occupational licensing board not named in          755          

division (A) of this section or any commission if the board or     756          

commission requests such service and the agency accepts.           757          

      (C)  The director of administrative services shall be the    759          

appointing authority for the agency.                               760          

      (D)  The agency shall determine the fees to be charged to    762          

the boards and commissions, which shall be in proportion to the    763          

services performed for each board or commission.                   764          

      (E)  Each board or commission named in division (A) of this  766          

section and any other board or commission requesting services      767          

from the agency shall pay these fees to the agency from the        768          

general revenue fund maintenance account of the board or           769          

commission or from such other fund as the operating expenses of    770          

the board or commission are paid.  Any amounts set aside for a     771          

fiscal year by a board or commission to allow for the payment of   772          

fees shall be used only for the services performed by the agency   773          

in that fiscal year.  All receipts collected by the agency shall   774          

be deposited in the state treasury to the credit of the central    775          

                                                          19     


                                                                 
service agency fund, which is hereby created.  All expenses        776          

incurred by the agency in performing services for the boards or    777          

commissions shall be paid from the fund.                           778          

      (F)  Nothing in this section shall be construed as a grant   780          

of authority for the central service agency to initiate or deny    781          

personnel or fiscal actions for the boards and commissions.        782          

      Sec. 2317.02.  The following persons shall not testify in    791          

certain respects:                                                  792          

      (A)  An attorney, concerning a communication made to the     794          

attorney by a client in that relation or the attorney's advice to  796          

a client, except that the attorney may testify by express consent  797          

of the client or, if the client is deceased, by the express        798          

consent of the surviving spouse or the executor or administrator   799          

of the estate of the deceased client and except that, if the       800          

client voluntarily testifies or is deemed by section 2151.421 of   801          

the Revised Code to have waived any testimonial privilege under    802          

this division, the attorney may be compelled to testify on the     803          

same subject;                                                                   

      (B)(1)  A physician or a, dentist, OR CHIROPRACTOR           805          

concerning a communication made to the physician or, dentist, OR   807          

CHIROPRACTOR by a patient in that relation or the physician's or   809          

dentist's PRACTITIONER'S advice to a patient, except as otherwise  810          

provided in this division, division (B)(2), and division (B)(3)    811          

of this section, and except that, if the patient is deemed by      812          

section 2151.421 of the Revised Code to have waived any            813          

testimonial privilege under this division, the physician                        

PRACTITIONER may be compelled to testify on the same subject.      814          

      The testimonial privilege established under this division    816          

does not apply, and a physician or, dentist, OR CHIROPRACTOR may   818          

testify or may be compelled to testify, in any of the following    819          

circumstances:                                                                  

      (a)  In any civil action, in accordance with the discovery   821          

provisions of the Rules of Civil Procedure in connection with a    822          

civil action, or in connection with a claim under Chapter 4123.    823          

                                                          20     


                                                                 
of the Revised Code, under any of the following circumstances:     824          

      (i)  If the patient or the guardian or other legal           826          

representative of the patient gives express consent;               827          

      (ii)  If the patient is deceased, the spouse of the patient  829          

or the executor or administrator of the patient's estate gives     831          

express consent;                                                                

      (iii)  If a medical claim, dental claim, chiropractic        833          

claim, or optometric claim, as defined in section 2305.11 of the   834          

Revised Code, an action for wrongful death, any other type of      835          

civil action, or a claim under Chapter 4123. of the Revised Code   836          

is filed by the patient, the personal representative of the        837          

estate of the patient if deceased, or the patient's guardian or    839          

other legal representative.                                                     

      (b)  In any criminal action concerning any test or the       841          

results of any test that determines the presence or concentration  842          

of alcohol, a drug of abuse, or alcohol and a drug of abuse in     843          

the patient's blood, breath, urine, or other bodily substance at   844          

any time relevant to the criminal offense in question.             845          

      (c)  In any criminal action against a physician or,          848          

dentist, OR CHIROPRACTOR.  In such an action, the testimonial      849          

privilege established under this division does not prohibit the    850          

admission into evidence, in accordance with the Rules of           852          

Evidence, of a patient's medical or, dental, OR CHIROPRACTIC       853          

records or other communications between a patient and the          855          

physician or dentist PRACTITIONER that are related to the action   857          

and obtained by subpoena, search warrant, or other lawful means.   858          

A court that permits or compels a physician or dentist                          

PRACTITIONER to testify in such an action or permits the           859          

introduction into evidence of patient records or other             861          

communications in such an action shall require that appropriate    862          

measures be taken to ensure that the confidentiality of any        863          

patient named or otherwise identified in the records is            864          

maintained.  Measures to ensure confidentiality that may be taken  865          

by the court include sealing its records or deleting specific      866          

                                                          21     


                                                                 
information from its records.                                      867          

      (2)(a)  If any law enforcement officer submits a written     869          

statement to a health care provider that states that an official   870          

criminal investigation has begun regarding a specified person or   871          

that a criminal action or proceeding has been commenced against a  872          

specified person, that requests the provider to supply to the      873          

officer copies of any records the provider possesses that pertain               

to any test or the results of any test administered to the         874          

specified person to determine the presence or concentration of     875          

alcohol, a drug of abuse, or alcohol and a drug of abuse in the    876          

person's blood, breath, or urine at any time relevant to the       877          

criminal offense in question, and that conforms to section                      

2317.022 of the Revised Code, the provider, except to the extent   878          

specifically prohibited by any law of this state or of the United  879          

States, shall supply to the officer a copy of any of the           880          

requested records the provider possesses.  If the health care      881          

provider does not possess any of the requested records, the                     

provider shall give the officer a written statement that           882          

indicates that the provider does not possess any of the requested  883          

records.                                                                        

      (b)  If a health care provider possesses any records of the  885          

type described in division (B)(2)(a) of this section regarding     886          

the person in question at any time relevant to the criminal        887          

offense in question, in lieu of personally testifying as to the    888          

results of the test in question, the custodian of the records may  889          

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

the certified copy is qualified as authentic evidence and may be   890          

admitted as evidence in accordance with the Rules of Evidence.     891          

Division (A) of section 2317.422 of the Revised Code does not      892          

apply to any certified copy of records submitted in accordance     893          

with this division.  Nothing in this division shall be construed   894          

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

who administered the test to which the records pertain, the        895          

person under whose supervision the test was administered, the      896          

                                                          22     


                                                                 
custodian of the records, the person who made the records, or the  897          

person under whose supervision the records were made.              898          

      (3)(a)  If the testimonial privilege described in division   900          

(B)(1) of this section does not apply as provided in division      901          

(B)(1)(a)(iii) of this section, a physician or, dentist, OR        903          

CHIROPRACTOR may be compelled to testify or to submit to                        

discovery under the Rules of Civil Procedure only as to a          905          

communication made to the physician or dentist PRACTITIONER by     906          

the patient in question in that relation, or the physician's or    907          

dentist's PRACTITIONER'S advice to the patient in question, that   909          

related causally or historically to physical or mental injuries    910          

that are relevant to issues in the medical claim, dental claim,    911          

chiropractic claim, or optometric claim, action for wrongful       912          

death, other civil action, or claim under Chapter 4123. of the     913          

Revised Code.                                                                   

      (b)  If the testimonial privilege described in division      915          

(B)(1) of this section does not apply to a physician or, dentist,  916          

OR CHIROPRACTOR as provided in division (B)(1)(b) of this          918          

section, the physician or dentist PRACTITIONER, in lieu of                      

personally testifying as to the results of the test in question,   920          

may submit a certified copy of those results, and, upon its        921          

submission, the certified copy is qualified as authentic evidence  923          

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

Evidence.  Division (A) of section 2317.422 of the Revised Code    924          

does not apply to any certified copy of results submitted in       925          

accordance with this division.  Nothing in this division shall be  926          

construed to limit the right of any party to call as a witness     927          

the person who administered the test in question, the person                    

under whose supervision the test was administered, the custodian   928          

of the results of the test, the person who compiled the results,   930          

or the person under whose supervision the results were compiled.   931          

      (4)(a)  As used in divisions (B)(1) to (3) of this section,  933          

"communication" means acquiring, recording, or transmitting any    934          

information, in any manner, concerning any facts, opinions, or     935          

                                                          23     


                                                                 
statements necessary to enable a physician or, dentist, OR         937          

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

A "communication" may include, but is not limited to, any medical  938          

or, dental, OR CHIROPRACTIC COMMUNICATION, office COMMUNICATION,   940          

or hospital communication such as a record, chart, letter,         941          

memorandum, laboratory test and results, x-ray, photograph,        942          

financial statement, diagnosis, or prognosis.                                   

      (b)  As used in division (B)(2) of this section, "health     944          

care provider" has the same meaning as in section 3729.01 of the   945          

Revised Code.                                                                   

      (5)  Divisions (B)(1), (2), (3), and (4) of this section     947          

apply to doctors of medicine, doctors of osteopathic medicine,     948          

doctors of podiatry, and dentists DOCTORS OF DENTISTRY, AND        949          

DOCTORS OF CHIROPRACTIC.                                           950          

      (6)  Nothing in divisions (B)(1) to (5) of this section      952          

affects, or shall be construed as affecting, the immunity from     953          

civil liability conferred by section 2305.33 of the Revised Code   954          

upon physicians who report an employee's use of a drug of abuse,   955          

or a condition of an employee other than one involving the use of  956          

a drug of abuse, to the employer of the employee in accordance     957          

with division (B) of that section.  As used in division (B)(6) of  959          

this section, "employee," "employer," and "physician" have the     960          

same meanings as in section 2305.33 of the Revised Code.           961          

      (C)  A  member of the clergy, rabbi, priest, or regularly    963          

ordained, accredited, or licensed minister of an established and   965          

legally cognizable church, denomination, or sect, when the member  966          

of the clergy, rabbi, priest, or minister remains accountable to   968          

the authority of that church, denomination, or sect, concerning a  969          

confession made, or any information confidentially communicated,   970          

to the member of the clergy, rabbi, priest, or minister for a      972          

religious counseling purpose in the member of the clergy's,        973          

rabbi's, priest's, or minister's professional character; however,  975          

the member of the clergy, rabbi, priest, or minister may testify   977          

by express consent of the person making the communication, except  978          

                                                          24     


                                                                 
when the disclosure of the information is in violation of a        979          

sacred trust.                                                                   

      (D)  Husband or wife, concerning any communication made by   981          

one to the other, or an act done by either in the presence of the  982          

other, during coverture, unless the communication was made, or     983          

act done, in the known presence or hearing of a third person       984          

competent to be a witness; and such rule is the same if the        985          

marital relation has ceased to exist.                              986          

      (E)  A person who assigns a claim or interest, concerning    988          

any matter in respect to which the person would not, if a party,   990          

be permitted to testify;                                                        

      (F)  A person who, if a party, would be restricted under     993          

section 2317.03 of the Revised Code, when the property or thing    994          

is sold or transferred by an executor, administrator, guardian,    995          

trustee, heir, devisee, or legatee, shall be restricted in the     996          

same manner in any action or proceeding concerning the property    997          

or thing.                                                                       

      (G)(1)  A school guidance counselor who holds a valid        999          

educator license from the state board of education as provided     1,001        

for in section 3319.22 of the Revised Code, a person licensed      1,002        

under Chapter 4757. of the Revised Code as a professional          1,003        

clinical counselor, professional counselor, social worker, or      1,004        

independent social worker, or registered under Chapter 4757. of    1,005        

the Revised Code as a social work assistant concerning a           1,006        

confidential communication received from a client in that          1,007        

relation or the person's advice to a client unless any of the      1,009        

following applies:                                                              

      (a)  The communication or advice indicates clear and         1,011        

present danger to the client or other persons.  For the purposes   1,012        

of this division, cases in which there are indications of present  1,013        

or past child abuse or neglect of the client constitute a clear    1,014        

and present danger.                                                1,015        

      (b)  The client gives express consent to the testimony.      1,017        

      (c)  If the client is deceased, the surviving spouse or the  1,019        

                                                          25     


                                                                 
executor or administrator of the estate of the deceased client     1,020        

gives express consent.                                             1,021        

      (d)  The client voluntarily testifies, in which case the     1,023        

school guidance counselor or person licensed or registered under   1,024        

Chapter 4757. of the Revised Code may be compelled to testify on   1,026        

the same subject.                                                               

      (e)  The court in camera determines that the information     1,028        

communicated by the client is not germane to the counselor-client  1,029        

or social worker-client relationship.                              1,030        

      (f)  A court, in an action brought against a school, its     1,032        

administration, or any of its personnel by the client, rules       1,033        

after an in-camera inspection that the testimony of the school     1,034        

guidance counselor is relevant to that action.                     1,035        

      (2)  Nothing in division (G)(1) of this section shall        1,037        

relieve a school guidance counselor or a person licensed or        1,039        

registered under Chapter 4757. of the Revised Code from the        1,041        

requirement to report information concerning child abuse or        1,042        

neglect under section 2151.421 of the Revised Code.                             

      (H)  A mediator acting under a mediation order issued under  1,044        

division (A) of section 3109.052 of the Revised Code or otherwise  1,045        

issued in any proceeding for divorce, dissolution, legal           1,046        

separation, annulment, or the allocation of parental rights and    1,047        

responsibilities for the care of children, in any action or        1,048        

proceeding, other than a criminal, delinquency, child abuse,       1,049        

child neglect, or dependent child action or proceeding, that is    1,050        

brought by or against either parent who takes part in mediation    1,051        

in accordance with the order and that pertains to the mediation    1,052        

process, to any information discussed or presented in the          1,053        

mediation process, to the allocation of parental rights and        1,054        

responsibilities for the care of the parents' children, or to the  1,055        

awarding of visitation rights in relation to their children.       1,056        

      (I)  A communications assistant, acting within the scope of  1,058        

the communication assistant's authority, when providing            1,059        

telecommunications relay service pursuant to section 4931.35 of    1,061        

                                                          26     


                                                                 
the Revised Code or Title II of the "Communications Act of 1934,"  1,062        

104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication    1,063        

made through a telecommunications relay service.                   1,064        

      Nothing in this section shall limit any immunity or          1,066        

privilege granted under federal law or regulation.  Nothing in     1,067        

this section shall limit the obligation of a communications        1,068        

assistant to divulge information or testify when mandated by       1,069        

federal law or regulation or pursuant to subpoena in a criminal    1,070        

proceeding.                                                        1,071        

      Sec. 2929.24.  (A)  The prosecutor in any case against any   1,080        

person licensed, certified, registered, or otherwise authorized    1,081        

to practice under Chapter 3719., 4715., 4723., 4729., 4730.,       1,082        

4731., 4734., or 4741. of the Revised Code shall notify the        1,083        

appropriate licensing board, on forms provided by the board, of    1,085        

any of the following regarding the person:                         1,086        

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

a court order dismissing a felony charge on technical or           1,090        

procedural grounds;                                                             

      (2)  A plea of guilty to, or a conviction of, a misdemeanor  1,092        

committed in the course of practice or in the course of business,  1,094        

or a court order dismissing such a misdemeanor charge on           1,095        

technical or procedural grounds;                                                

      (3)  A plea of guilty to, or a conviction of, a misdemeanor  1,097        

involving moral turpitude, or a court order dismissing such a      1,098        

charge on technical or procedural grounds.                         1,099        

      (B)  The report required by division (A) of this section     1,102        

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

the offense, and certified copies of court entries in the action.  1,104        

      Sec. 3701.74.  (A)  As used in this section:                 1,113        

      (1)  "Hospital" means any institution registered as a        1,115        

hospital with the department of health pursuant to section         1,116        

3701.07 of the Revised Code.                                       1,117        

      (2)  "Medical record" means any document or combination of   1,119        

documents that pertains to a patient's medical history,            1,120        

                                                          27     


                                                                 
diagnosis, prognosis, or medical condition and that is generated   1,121        

and maintained in the process of the patient's health care         1,122        

treatment at a hospital.                                           1,123        

      (3)  "Finalized medical record" means a medical record that  1,125        

is complete according to a hospital's bylaws OR A PRACTITIONER'S   1,126        

OFFICE POLICY.                                                     1,127        

      (4)  "Patient" means any individual who received health      1,129        

care treatment at a hospital OR FROM A PRACTITIONER.               1,130        

      (5)  "PRACTITIONER" MEANS AN INDIVIDUAL AUTHORIZED UNDER     1,132        

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND         1,133        

SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY OR AN       1,134        

INDIVIDUAL LICENSED UNDER CHAPTER 4734. OF THE REVISED CODE TO     1,135        

PRACTICE CHIROPRACTIC.                                                          

      (B)  A hospital OR PRACTITIONER shall prepare a finalized    1,137        

medical record for each patient who receives health care           1,139        

treatment at the hospital OR FROM THE PRACTITIONER, within a       1,140        

reasonable time after treatment.                                   1,141        

      (C)  A patient who wishes to examine or obtain a copy of     1,143        

part or all of a finalized medical record covering a prior         1,144        

inpatient stay or outpatient PERIOD OF treatment shall submit to   1,145        

the hospital OR PRACTITIONER a signed, written request dated not   1,146        

more than sixty days before the date on which it is submitted.     1,148        

The patient who wishes to obtain a copy of the record shall        1,149        

indicate in the request whether the copy is to be sent to the      1,150        

patient's residence or held for the patient at the hospital OR BY  1,151        

THE PRACTITIONER.  Within a reasonable time after receiving a      1,153        

request that meets the requirements of this division and includes  1,154        

sufficient information to identify the record requested, the       1,155        

hospital OR PRACTITIONER shall permit the patient to examine the   1,156        

record during regular business hours or shall provide a copy of                 

the record in accordance with the request, except that if a        1,157        

physician PRACTITIONER who has treated the patient determines for  1,159        

clearly stated treatment reasons that disclosure of the requested  1,160        

record is likely to have an adverse effect on the patient, the     1,161        

                                                          28     


                                                                 
hospital OR PRACTITIONER shall provide the record to a physician   1,162        

PRACTITIONER designated by the patient.  The hospital OR           1,163        

PRACTITIONER shall take reasonable steps to establish the          1,165        

identity of the patient examining, or requesting a copy of, the    1,166        

patient's record.                                                               

      (D)  If a hospital OR PRACTITIONER fails to furnish a        1,168        

finalized medical record as required by division (C) of this       1,169        

section, the patient who requested the record may bring a civil    1,170        

action to enforce the patient's right of access to the record.     1,171        

      (E)  This section does not apply to medical records whose    1,173        

release is covered by Chapter 1347. or 5122. of the Revised Code   1,174        

or by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug       1,175        

Abuse Patient Records."  Nothing in this section is intended to    1,176        

supersede the confidentiality provisions of sections 2305.24 to    1,177        

2305.251 of the Revised Code.                                      1,178        

      Sec. 3719.12.  Unless a report has been made pursuant to     1,187        

section 2929.24 of the Revised Code, on the conviction of a        1,189        

manufacturer, wholesaler, terminal distributor of dangerous        1,190        

drugs, pharmacist, pharmacy intern, dentist, doctor of medicine    1,191        

or osteopathic medicine CHIROPRACTOR, PHYSICIAN, podiatrist,       1,192        

registered nurse, licensed practical nurse, physician assistant,   1,194        

optometrist, or veterinarian of the violation of this chapter or   1,196        

Chapter 2925. of the Revised Code, the prosecutor in the case      1,197        

promptly shall report the conviction to the board that licensed,   1,198        

certified, or registered the person to practice or to carry on     1,200        

business.  The responsible board shall provide forms to the        1,201        

prosecutor.  Within thirty days of the receipt of this             1,203        

information, the board shall initiate action in accordance with    1,205        

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

or revoke the person's license, certificate, or registration.      1,206        

      Sec. 3719.121.  (A)  Except as otherwise provided in         1,215        

section 4723.28, 4723.35, 4730.25, or 4731.22, 4734.39, OR         1,217        

4734.41 of the Revised Code, the license, certificate, or          1,218        

registration of any dentist, doctor of medicine or osteopathic     1,220        

                                                          29     


                                                                 
medicine CHIROPRACTOR, PHYSICIAN, podiatrist, registered nurse,    1,221        

licensed practical nurse, physician assistant, pharmacist,         1,222        

pharmacy intern, optometrist, or veterinarian who is or becomes    1,224        

addicted to the use of controlled substances shall be suspended    1,226        

by the board that authorized the person's license, certificate,    1,227        

or registration until the person offers satisfactory proof to the  1,229        

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

controlled substances.                                             1,230        

      (B)  If the board under which a person has been issued a     1,233        

license, certificate, or evidence of registration determines that  1,235        

there is clear and convincing evidence that continuation of the    1,236        

person's professional practice or method of prescribing or         1,237        

personally furnishing controlled substances presents a danger of   1,240        

immediate and serious harm to others, the board may suspend the    1,241        

person's license, certificate, or registration without a hearing.  1,242        

Except as otherwise provided in sections 4715.30, 4723.281,        1,243        

4730.25, and 4731.22, AND 4734.36 of the Revised Code, the board   1,245        

shall follow the procedure for suspension without a prior hearing  1,247        

in section 119.07 of the Revised Code.  The suspension shall       1,248        

remain in effect, unless removed by the board, until the board's   1,249        

final adjudication order becomes effective, except that if the     1,250        

board does not issue its final adjudication order within ninety    1,251        

days after the hearing, the suspension shall be void on the        1,252        

ninety-first day after the hearing.                                1,253        

      (C)  On receiving notification pursuant to section 2929.24   1,255        

or 3719.12 of the Revised Code, the board under which a person     1,256        

has been issued a license, certificate, or evidence of             1,257        

registration immediately shall suspend the license, certificate,   1,259        

or registration of that person on a plea of guilty to, a finding   1,262        

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    1,264        

eligibility for intervention in lieu of conviction; a plea of      1,266        

guilty to, or a finding by a jury or court of the person's guilt   1,267        

of, or the person's conviction of an offense in another            1,268        

                                                          30     


                                                                 
jurisdiction that is essentially the same as a felony drug abuse   1,269        

offense; or a finding by a court of the person's eligibility for   1,270        

treatment or intervention in lieu of conviction in another         1,271        

jurisdiction.  The board shall notify the holder of the license,   1,272        

certificate, or registration of the suspension, which shall        1,273        

remain in effect until the board holds an adjudicatory hearing     1,275        

under Chapter 119. of the Revised Code.                            1,276        

      Sec. 3729.40.  (A)  The Ohio health care data center shall   1,285        

conduct annually a survey of the educational background,           1,287        

demographic characteristics, and professional practices of         1,288        

persons licensed, certified, or registered by the following:  the  1,289        

STATE chiropractic examining board; the counselor and social       1,291        

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

Ohio occupational therapy, physical therapy, and athletic          1,292        

trainers board; the state board of optometry; and the state board  1,293        

of psychology.  The public health council shall adopt rules in     1,294        

accordance with Chapter 119. of the Revised Code governing the     1,295        

information to be included in the survey and the process for       1,296        

conducting it.  The department of administrative services shall                 

provide the Ohio health care data center with the full names,      1,297        

types of licenses, and business addresses, that the central        1,298        

service agency maintains under section 125.22 of the Revised Code  1,299        

regarding persons licensed, certified, or registered by the        1,300        

boards specified in this division.  The state medical board shall               

provide the center with similar information regarding persons      1,301        

licensed, certified, or registered by the board.  The survey       1,302        

results shall be used exclusively for statistical purposes and     1,304        

shall be released only in their entirety.                          1,305        

      (B)  Each medical school in this state shall disclose        1,307        

annually to the center, in the form and manner prescribed by the   1,308        

center, all of the following information:                          1,309        

      (1)  The number of entering medical students, according to   1,311        

state and county of residence prior to entering;                   1,312        

      (2)  The number of graduates entering primary care medical   1,314        

                                                          31     


                                                                 
residencies in comparison with those entering specialized fields,  1,315        

according to location and type of residency;                       1,316        

      (3)  The number of its graduates completing either primary   1,318        

care or specialty residencies who:                                 1,319        

      (a)  Proceed directly to practice, according to state and    1,321        

county of practice;                                                1,322        

      (b)  Proceed directly to specialty residency or              1,324        

fellowships.                                                       1,325        

      (4)  The number of its graduates completing specialty        1,327        

residency fellowships who proceed to practice, according to state  1,328        

and county of practice.                                            1,329        

      (C)  Each school of nursing and school of allied health      1,331        

education in this state that awards baccalaureate degrees shall    1,332        

disclose annually to the center, in the form and manner            1,333        

prescribed by the center, all of the following information:        1,334        

      (1)  The number of baccalaureate graduates who proceed       1,336        

directly to practice, according to state and county of practice;   1,337        

      (2)  The number of baccalaureate graduates who proceed       1,339        

directly to post-baccalaureate training;                           1,340        

      (3)  The number of its baccalaureate graduates who complete  1,342        

post-baccalaureate training and proceed to practice, according to  1,343        

state and county of practice.                                      1,344        

      Sec. 4734.01.  AS USED IN THIS CHAPTER, THE "PRACTICE OF     1,346        

CHIROPRACTIC" MEANS UTILIZATION OF THE RELATIONSHIP BETWEEN THE    1,348        

MUSCULO-SKELETAL STRUCTURES OF THE BODY, THE SPINAL COLUMN, AND    1,349        

THE NERVOUS SYSTEM IN THE RESTORATION AND MAINTENANCE OF HEALTH,   1,350        

IN CONNECTION WITH WHICH PATIENT CARE IS CONDUCTED WITH DUE        1,351        

REGARD FOR FIRST AID, HYGIENIC, NUTRITIONAL, AND REHABILITATIVE    1,352        

PROCEDURES AND THE SPECIFIC VERTEBRAL ADJUSTMENT AND MANIPULATION  1,353        

OF THE ARTICULATIONS AND ADJACENT TISSUES OF THE BODY.             1,354        

      Sec. 4734.01 4734.02.  Within thirty days after the          1,363        

effective date of this section the governor shall appoint a THE    1,365        

chiropractic examining board IS HEREBY RENAMED THE STATE           1,367        

CHIROPRACTIC BOARD.  ANY REFERENCE IN THE REVISED CODE TO THE      1,368        

                                                          32     


                                                                 
CHIROPRACTIC EXAMINING BOARD MEANS THE STATE CHIROPRACTIC BOARD.   1,369        

      THE BOARD SHALL ASSUME AND EXERCISE ALL OF THE DUTIES        1,372        

CONFERRED ON IT BY THIS CHAPTER CONCERNING THE PRACTICE OF         1,374        

CHIROPRACTIC, CHIROPRACTORS, AND THE REGULATION THEREOF.                        

      MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE GOVERNOR      1,378        

WITH THE ADVICE AND CONSENT OF THE SENATE.  THE BOARD SHALL BE     1,379        

composed of four chiropractors, each of whom shall be a graduate   1,382        

of an incorporated school or college of chiropractic and who       1,383        

shall have been engaged in the practice of their profession in     1,384        

this state for at least five years next preceding the effective    1,386        

date of this section, and not more than two to be graduates of     1,387        

any one school.  A AND A fifth member shall be a lay person        1,389        

representing the public.  No member of the board shall be a        1,391        

trustee of any school or college of chiropractic, and each THE     1,393        

PUBLIC MEMBER SHALL NOT BE CONNECTED IN ANY MANNER, OTHER THAN AS  1,394        

A CHIROPRACTIC PATIENT, WITH ANY CHIROPRACTOR OR CHIROPRACTIC      1,396        

PRACTICE OR ANY ENTITY THAT ROUTINELY ENGAGES IN BUSINESS WITH     1,397        

MEMBERS OF THE CHIROPRACTIC PROFESSION.  EACH professional         1,399        

member, AT THE TIME OF APPOINTMENT, shall be engaged in full-time  1,400        

practice in the THIS state AND SHALL HAVE BEEN LICENSED BY THE     1,402        

BOARD FOR AT LEAST FIVE YEARS.  Of the initial appointments made   1,403        

to the board two of the members shall be appointed for a term      1,405        

ending two years after the effective date of this section, two     1,406        

for a term ending three years after that date, and one for a term  1,407        

ending four years after that date.  Thereafter, terms              1,408        

      TERMS of office shall be for four years, WITH each term      1,412        

ending on the same day of the same month of the year as did the    1,413        

term which it succeeds.  Each member shall hold office from the    1,414        

date of his appointment until the end of the term for which he     1,415        

was appointed.  NO INDIVIDUAL SHALL SERVE FOR MORE THAN TWO FULL   1,416        

TERMS.  VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR       1,417        

ORIGINAL APPOINTMENTS.  Any member appointed to fill a vacancy     1,419        

occurring prior to the expiration of the term for which his THE    1,420        

MEMBER'S predecessor was appointed shall hold office for the       1,422        

                                                          33     


                                                                 
remainder of such THAT term.  Any A member shall continue in       1,423        

office subsequent to the expiration date of his THE MEMBER'S term  1,425        

until his THE MEMBER'S successor takes office, or until a period   1,427        

of sixty days has elapsed, whichever occurs first.  No individual  1,429        

shall serve for more than two four-year terms.  All appointments   1,430        

made by the governor shall be with the advice and consent of the   1,431        

senate.  Any vacancies occurring on the board shall be filled by   1,432        

the governor for the unexpired term with the advice and consent    1,433        

of the senate.                                                                  

      Sec. 4734.04 4734.03.  Each member of the STATE              1,442        

chiropractic examining board shall be paid at the appropriate      1,445        

rate for those days on which his THE MEMBER'S services or duties   1,446        

are required.  Each member of the board shall be paid at the rate  1,447        

established pursuant to division (J) of section 124.15 of the      1,448        

Revised Code and shall not receive step advancements.  In          1,449        

addition, each board member shall receive his THE MEMBER'S         1,451        

necessary expenses.                                                1,452        

      Sec. 4734.03 4734.04.  (A)  The STATE chiropractic           1,462        

examining board shall hold its annual meeting in this state in     1,463        

September of each year and shall hold other meetings at the times  1,464        

and places that a majority of the board directs.  The A SPECIAL    1,467        

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        1,468        

MEETING SHALL BE CALLED BY THE BOARD'S EXECUTIVE DIRECTOR.         1,469        

      A MAJORITY OF THE BOARD CONSTITUTES A QUORUM FOR THE         1,471        

TRANSACTION OF BUSINESS.  EXCEPT WHEN ACTION IS TAKEN ON BEHALF    1,472        

OF THE BOARD BY THE BOARD'S PRESIDENT UNDER DIVISION (A) OF        1,473        

SECTION 4734.05 OF THE REVISED CODE, THE BOARD MAY NOT TAKE ANY    1,474        

ACTION WITHOUT THE CONCURRENCE OF THREE MEMBERS.  THE BOARD SHALL               

MAKE RULES AS NECESSARY TO GOVERN ITS INTERNAL MANAGEMENT.         1,475        

      (B)  THE board shall keep a record of its proceedings        1,479        

MEETINGS and OTHER OFFICIAL ACTIONS, INCLUDING a register of all   1,481        

applicants for licensure to practice chiropractic.  The register   1,482        

shall show whether an applicant for licensure was rejected or was  1,484        

                                                          34     


                                                                 
granted a license.  The books BOARD'S RECORDS and register of the  1,485        

board shall be prima-facie evidence of all matters recorded in     1,487        

them.  The board shall have ADOPT a common seal, shall formulate   1,488        

rules to govern its actions, and, consistent with section          1,489        

4734.091 of the Revised Code, shall adopt rules governing the      1,490        

practice of chiropractic.  The board shall adopt rules under this  1,493        

chapter according to the procedure of Chapter 119. of the Revised  1,494        

Code WHICH MAY BE USED TO AUTHENTICATE ITS OFFICIAL DOCUMENTS.     1,495        

      Sec. 4734.02 4734.05.  (A)  The members of the STATE         1,505        

chiropractic examining board, within thirty days after their       1,506        

appointment, shall meet and elect ORGANIZE BY ELECTING FROM ITS    1,507        

MEMBERS a president from their own number, and elect or appoint a  1,508        

secretary who need not be one of their number.  The president      1,510        

shall hold his office for two years and until his THE PRESIDENT'S  1,511        

successor is elected and qualified.  Any member and the secretary  1,512        

may administer oaths.  The secretary TAKES OFFICE.  ELECTIONS FOR  1,515        

BOARD PRESIDENT SHALL BE HELD AT EVERY OTHER ANNUAL MEETING OF     1,516        

THE BOARD HELD IN THIS STATE IN SEPTEMBER.                         1,517        

      THE PRESIDENT, SUBJECT TO THE BOARD'S APPROVAL, MAY          1,519        

DESIGNATE ANOTHER MEMBER OF THE BOARD TO SERVE AS VICE-PRESIDENT   1,520        

TO FULFILL THE PRESIDENT'S DUTIES IN THE EVENT THAT THE PRESIDENT  1,522        

IS ABSENT OR INCAPACITATED.  THE VICE-PRESIDENT MAY PERFORM ANY    1,523        

ACTION THAT THE PRESIDENT IS AUTHORIZED TO PERFORM.                1,524        

      THE PRESIDENT MAY MAKE DECISIONS ON BEHALF OF THE BOARD AS   1,527        

FOLLOWS:                                                                        

      (1)  A DECISION REGARDING BOARD ACTIVITIES MAY BE MADE BY    1,530        

THE PRESIDENT IF THE PRESIDENT CONSIDERS THE DECISION TO BE MINOR  1,531        

AND DETERMINES THAT MAKING THE DECISION WILL FACILITATE THE        1,532        

RESPONSIVENESS AND EFFECTIVENESS OF THE BOARD;                                  

      (2)  A DECISION INVOLVING A SITUATION THAT REQUIRES          1,534        

IMMEDIATE BOARD ATTENTION MAY BE MADE BY THE PRESIDENT IF THE      1,535        

CIRCUMSTANCES SURROUNDING THE SITUATION MAKE HOLDING A BOARD       1,536        

MEETING IMPRACTICAL.  AT THE EARLIEST TIME POSSIBLE, THE           1,537        

PRESIDENT SHALL REPORT THE DECISION TO THE MEMBERS OF THE BOARD    1,538        

                                                          35     


                                                                 
AND THE BOARD SHALL MEET TO RATIFY OR NULLIFY THE DECISION.        1,540        

      (B)  THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR WHO       1,544        

SHALL SERVE AS THE BOARD'S SECRETARY AND SHALL PERFORM ALL OTHER   1,545        

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

EXECUTIVE DIRECTOR, THE INDIVIDUAL APPOINTED SHALL RESIDE IN THIS  1,547        

STATE AND MAY NOT SERVE AS A MEMBER OF THE BOARD.                  1,548        

      THE EXECUTIVE DIRECTOR SHALL BE IN THE UNCLASSIFIED SERVICE  1,551        

OF THIS STATE.  THE BOARD SHALL FIX THE EXECUTIVE DIRECTOR'S       1,552        

COMPENSATION AND REIMBURSE THE EXECUTIVE DIRECTOR FOR NECESSARY    1,553        

EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES.  PRIOR    1,554        

TO ENTERING INTO THE OFFICIAL DUTIES OF OFFICE, THE EXECUTIVE      1,555        

DIRECTOR SHALL TAKE AND SUBSCRIBE AN OATH OF OFFICE AND shall      1,557        

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

five FIFTY thousand dollars with sufficient sureties to be         1,558        

approved by the governor for the faithful discharge of his THE     1,560        

duties.  The secretary shall receive his necessary expenses        1,562        

incurred in the performance of his official duties, and his        1,563        

compensation shall be fixed by the board.  A majority of the       1,564        

board constitutes a quorum for the transaction of business.  No    1,565        

action of the board is valid without the concurrence of three      1,566        

members.  The board shall appoint and fix the compensation of      1,567        

such employees as are necessary to carry out the purposes of this  1,568        

chapter.                                                                        

      THE EXECUTIVE DIRECTOR IS THE BOARD'S APPOINTING AUTHORITY,  1,571        

AS DEFINED IN SECTION 124.01 OF THE REVISED CODE.  WITH THE        1,573        

BOARD'S APPROVAL, THE EXECUTIVE DIRECTOR MAY APPOINT ANY           1,574        

EMPLOYEES NECESSARY TO CARRY OUT THE BOARD'S FUNCTIONS, INCLUDING  1,575        

INVESTIGATIVE PERSONNEL AND OTHER EMPLOYEES TO PERFORM             1,576        

PROFESSIONAL, CLERICAL, AND SPECIAL WORK, AND MAY ESTABLISH        1,577        

STANDARDS FOR THE CONDUCT OF AND THE AUTHORITY TO BE GRANTED TO    1,578        

THE BOARD'S EMPLOYEES.                                             1,579        

      Sec. 4734.06.  THE STATE CHIROPRACTIC BOARD MAY APPOINT      1,582        

COMMITTEES OR OTHER GROUPS TO ASSIST IT IN FULFILLING ITS DUTIES.  1,583        

A COMMITTEE OR GROUP MAY CONSIST OF BOARD MEMBERS, OTHER           1,584        

                                                          36     


                                                                 
INDIVIDUALS WITH APPROPRIATE BACKGROUNDS, OR BOTH BOARD MEMBERS    1,585        

AND OTHER INDIVIDUALS WITH APPROPRIATE BACKGROUNDS.  ANY           1,586        

COMMITTEE OR GROUP APPOINTED SHALL ACT UNDER THE DIRECTION OF THE  1,587        

BOARD AND SHALL PERFORM ITS FUNCTIONS WITHIN THE LIMITS            1,588        

ESTABLISHED BY THE BOARD.  MEMBERS OF A COMMITTEE OR GROUP MAY BE  1,589        

REIMBURSED BY THE BOARD FOR ANY EXPENSES INCURRED IN THE           1,590        

PERFORMANCE OF THEIR DUTIES.                                                    

      Sec. 4734.07.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE     1,593        

STATE CHIROPRACTIC BOARD, A CURRENT OR FORMER BOARD MEMBER, AN                  

AGENT OF THE BOARD, A REPRESENTATIVE OF THE BOARD, OR AN EMPLOYEE  1,597        

OF THE BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS  1,598        

THE RESULT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION  1,599        

RELATED TO OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO     1,600        

THIS CHAPTER.  IF ANY OF THOSE PERSONS ASKS TO BE DEFENDED BY THE  1,602        

STATE AGAINST ANY CLAIM OR ACTION ARISING OUT OF ANY ACT,          1,604        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO THE          1,605        

PERSON'S OFFICIAL DUTIES, AND THE REQUEST IS MADE IN WRITING AT A  1,606        

REASONABLE TIME BEFORE TRIAL AND THE PERSON REQUESTING DEFENSE     1,607        

COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE CLAIM OR ACTION,    1,608        

THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S DEFENSE AND       1,609        

SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR SETTLEMENT.  AT   1,610        

NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM OR JUDGMENT THAT   1,611        

IS FOR PUNITIVE OR EXEMPLARY DAMAGES.                                           

      Sec. 4734.08.  Every person who receives a license to        1,620        

practice chiropractic from the THE STATE chiropractic examining    1,621        

board shall, before beginning the practice of his profession in    1,624        

this state, record the license or a certified copy thereof with    1,626        

the probate court of the county in which he expects to practice.   1,627        

Until such license is filed for record, the holder thereof shall   1,628        

exercise none of the rights or privileges conferred therein.  The  1,630        

probate judge shall keep in a book provided for that purpose a     1,632        

complete list of all the licenses recorded by him with the date    1,634        

of the recording of such licenses.  Each holder of a license                    

shall pay to the probate court a fee of two dollars for making     1,635        

                                                          37     


                                                                 
such record.  The probate judge shall also note the revocation or  1,636        

suspension of a certificate by the chiropractic examining board,   1,638        

or the death or change of location of the holder of a certificate  1,639        

in the margin of a record.  It shall be the duty of the            1,641        

chiropractic examining board and of each certificate holder to                  

supply such information to the probate judge.  If the holder of a  1,642        

certificate changes his place of residence, he shall have the      1,644        

certificate recorded by the probate judge of the county into       1,647        

which he removes BECOME A MEMBER OF THE FEDERATION OF              1,648        

CHIROPRACTIC LICENSING BOARDS.  THE BOARD MAY PARTICIPATE IN ANY   1,649        

OF THE FEDERATION'S ACTIVITIES, INCLUDING REPORTING BOARD ACTIONS  1,650        

TAKEN TOWARD AN APPLICANT OR LICENSE HOLDER TO ANY DATA BANK       1,651        

ESTABLISHED BY THE FEDERATION.                                     1,652        

      Sec. 4734.09.  THE BOARD MAY ENTER INTO CONTRACTS WITH ANY   1,654        

PERSON OR GOVERNMENT ENTITY TO CARRY OUT THE INTENT OF THIS        1,655        

CHAPTER AND THE RULES ADOPTED UNDER IT, ANY OTHER APPLICABLE       1,656        

STATE STATUTES OR RULES, AND ANY APPLICABLE FEDERAL STATUTES OR    1,657        

REGULATIONS.                                                       1,658        

      Sec. 4734.10.  IN ADDITION TO RULES THAT ARE REQUIRED BY     1,662        

THIS CHAPTER TO BE ADOPTED, THE STATE CHIROPRACTIC BOARD MAY                    

ADOPT ANY OTHER RULES NECESSARY TO GOVERN THE PRACTICE OF          1,663        

CHIROPRACTIC AND TO ADMINISTER AND ENFORCE THIS CHAPTER.  THE      1,664        

RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE      1,666        

REVISED CODE.                                                                   

      Sec. 4734.17 4734.14.  (A)(1)  No person shall ENGAGE IN     1,676        

THE practice OF chiropractic without a certificate from the        1,678        

chiropractic examining board, except a person to whom a current                 

or original certificate to practice chiropractic has been, VALID   1,680        

LICENSE issued by the STATE chiropractic examining board under     1,682        

this chapter.  No                                                  1,683        

      (2)  EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, NO  1,686        

person shall advertise or announce the person as CLAIM TO BE a     1,687        

chiropractor without, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC      1,688        

PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION WITH THE       1,689        

                                                          38     


                                                                 
PERSON'S NAME, UNLESS THE PERSON HOLDS a certificate CURRENT,      1,692        

VALID LICENSE from the chiropractic examining board.  Subject      1,693        

      (3)  SUBJECT to section 4734.091 4734.17 of the Revised      1,696        

Code, no person who is not a licensee shall open or conduct an     1,698        

office or other place for the practice of chiropractic without a   1,699        

certificate LICENSE from the board.  Subject                       1,700        

      (4)  SUBJECT to section 4734.091 4734.17 of the Revised      1,703        

Code, no person shall conduct an office in the name of some        1,704        

person who has a certificate LICENSE to practice chiropractic.     1,705        

No                                                                              

      (5)  NO person shall practice chiropractic after a           1,708        

certificate has been revoked or, if a certificate has been         1,709        

suspended, during the time of the suspension IN VIOLATION OF THE   1,711        

PERSON'S LICENSE REVOCATION, FORFEITURE, OR SUSPENSION OR IN       1,712        

VIOLATION OF ANY RESTRICTION, LIMITATION, OR CONDITION PLACED ON   1,713        

THE PERSON'S LICENSE.                                                           

      (6)  NO PERSON SHALL EMPLOY FRAUD OR DECEPTION IN APPLYING   1,715        

FOR OR SECURING A LICENSE TO PRACTICE CHIROPRACTIC OR IN RENEWING  1,716        

A LICENSE TO PRACTICE CHIROPRACTIC.                                1,717        

      (7)  NO PERSON SHALL MAKE, ISSUE, OR PUBLISH, OR CAUSE TO    1,719        

BE MADE, ISSUED, OR PUBLISHED, FOR THE PURPOSE OF SALE, BARTER,    1,720        

OR GIFT, A LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER         1,721        

WRITING OR DOCUMENT FALSELY REPRESENTING THE HOLDER OR RECEIVER    1,722        

THEREOF TO BE LICENSED UNDER THIS CHAPTER OR TO BE A GRADUATE OF   1,723        

A CHIROPRACTIC SCHOOL, COLLEGE, OR OTHER EDUCATIONAL INSTITUTION   1,724        

OF CHIROPRACTIC, OR SELL OR DISPOSE OF, OR OFFER TO SELL OR                     

DISPOSE OF SUCH LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER    1,726        

WRITING OR DOCUMENT CONTAINING SUCH FALSE REPRESENTATION OR USE    1,727        

THE PERSON'S NAME, OR PERMIT IT TO BE USED, AS A SUBSCRIBER TO     1,728        

SUCH FALSE AND FICTITIOUS LICENSE, CERTIFICATE, DIPLOMA, DEGREE,   1,729        

OR OTHER WRITING OR DOCUMENT OR ENGAGE IN THE PRACTICE OF                       

CHIROPRACTIC UNDER AND BY VIRTUE OF SUCH FRAUDULENT LICENSE,       1,730        

CERTIFICATE, DIPLOMA, DEGREE, OR OTHER WRITING OR DOCUMENT.        1,731        

      (B)  A PERSON WHO HAS RETIRED FROM THE PRACTICE OF           1,733        

                                                          39     


                                                                 
CHIROPRACTIC IN GOOD STANDING AND DOES NOT MAINTAIN A CURRENT,     1,735        

VALID LICENSE FROM THE BOARD MAY CONTINUE TO CLAIM TO BE A         1,736        

CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC PHYSICIAN,   1,737        

OR USE THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME,   1,739        

IF THE PERSON DOES NOT ENGAGE IN THE PRACTICE OF CHIROPRACTIC OR   1,740        

OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT.      1,741        

      A PERSON WHOSE LICENSE HAS BEEN CLASSIFIED AS INACTIVE       1,743        

PURSUANT TO SECTION 4734.26 OF THE REVISED CODE MAY CONTINUE TO    1,745        

CLAIM TO BE A CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR             1,746        

CHIROPRACTIC PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION   1,747        

WITH THE PERSON'S NAME, IF THE PERSON DOES NOT ENGAGE IN THE       1,749        

PRACTICE OF CHIROPRACTIC OR OTHERWISE VIOLATE THIS CHAPTER OR THE  1,750        

RULES ADOPTED UNDER IT.                                                         

      (C)  IN ANY PROCEEDING FOR A VIOLATION OF THIS SECTION       1,752        

BROUGHT AGAINST A PERSON WHO IS NOT LICENSED UNDER THIS CHAPTER    1,753        

BUT IS A GRADUATE OF A CHIROPRACTIC COLLEGE APPROVED UNDER         1,754        

SECTION 4734.21 OF THE REVISED CODE, IT SHALL BE AN AFFIRMATIVE    1,755        

DEFENSE THAT THE PERSON IS PERMITTED TO USE THE TERM "DOCTOR" OR   1,757        

THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME, BUT      1,758        

ONLY TO THE EXTENT THAT THE PERSON DOES NOT INDICATE OR ACT IN A   1,759        

MANNER IMPLYING THAT THE PERSON IS LICENSED UNDER THIS CHAPTER OR  1,760        

OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT.      1,762        

      (D)  A certificate DOCUMENT that is signed by the secretary  1,765        

PRESIDENT OR EXECUTIVE DIRECTOR of the board and that has affixed  1,766        

the official seal of the board to the effect that it appears from  1,767        

the records of the board that a certificate LICENSE to practice    1,768        

chiropractic in the THIS state has not been issued to a            1,771        

particular person, or that a certificate LICENSE, if issued, has   1,772        

been revoked or suspended, shall be received as prima-facie        1,773        

evidence of the record of the board in any court or before any     1,775        

officer of the state.                                              1,776        

      Sec. 4734.09 4734.15.  (A)  The license provided for in      1,786        

this chapter shall entitle the holder thereof to practice          1,787        

chiropractic in this state.  For the purpose of this chapter       1,788        

                                                          40     


                                                                 
"practice of chiropractic" or "practice as a chiropractor" means   1,789        

utilization of the relationship between the musculo-skeletal       1,790        

structures of the body, the spinal column and the nervous system,  1,791        

in the restoration and maintenance of health, in connection with   1,792        

which patient care is conducted with due regard for first aid,     1,793        

hygienic, nutritional, and rehabilitative procedures and the       1,794        

specific vertebral adjustment and manipulation of the              1,795        

articulations and adjacent tissues of the body.  The ALL OF THE    1,796        

FOLLOWING APPLY TO THE PRACTICE OF CHIROPRACTIC IN THIS STATE:     1,797        

      (1)  A chiropractor is authorized to examine, diagnose, and  1,800        

assume responsibility for the care of patients.                    1,801        

      The, ANY OR ALL OF WHICH IS INCLUDED IN THE PRACTICE OF      1,803        

CHIROPRACTIC.                                                      1,804        

      (2)  THE practice of chiropractic does not permit the        1,806        

chiropractor to treat infectious, contagious, or venereal          1,807        

disease, to perform surgery or acupuncture, or to prescribe or     1,808        

administer drugs for treatment, and.                               1,809        

      (3)  A CHIROPRACTOR MAY USE roentgen rays shall be used      1,811        

only for diagnostic purposes.  The                                 1,812        

      (4)  THE practice of chiropractic does not include the       1,815        

performance of abortions.                                                       

      (B)  An individual holding a valid, current certificate of   1,817        

registration LICENSE to practice chiropractic is entitled to use   1,818        

the title "doctor," or "doctor of chiropractic," "CHIROPRACTIC     1,821        

PHYSICIAN," OR "CHIROPRACTOR" and is a "physician" for the         1,823        

purposes of Chapter 4123. of the Revised Code, and the MEDICAID    1,824        

program established under section 5111.01 OPERATED PURSUANT TO     1,825        

CHAPTER 5111. of the Revised Code.                                              

      Sec. 4734.16.  THE STATE CHIROPRACTIC BOARD MAY ESTABLISH A  1,827        

CODE OF ETHICS THAT APPLIES TO CHIROPRACTORS AND THEIR PRACTICE    1,828        

OF CHIROPRACTIC IN THIS STATE.  THE BOARD MAY ESTABLISH THE CODE   1,829        

OF ETHICS BY CREATING ITS OWN CODE OF ETHICS OR BY ADOPTING A      1,830        

CODE OF ETHICS CREATED BY A STATE OR FEDERAL ORGANIZATION THAT     1,831        

REPRESENTS THE INTERESTS OF CHIROPRACTORS.  IF A CODE OF ETHICS    1,832        

                                                          41     


                                                                 
IS ESTABLISHED, THE BOARD SHALL MAINTAIN CURRENT COPIES OF THE     1,833        

CODE OF ETHICS FOR DISTRIBUTION ON REQUEST.                        1,834        

      Sec. 4734.23 4734.161.  No chiropractor shall do either of   1,843        

the following:                                                     1,844        

      (A)  Furnish a person with a prescription in order to        1,846        

enable the person to be issued a removable windshield placard,     1,848        

temporary removable windshield placard, or license plates under    1,849        

section 4503.44 of the Revised Code, knowing that the person does  1,850        

not meet any of the criteria contained in division (A)(1) of that  1,851        

section;                                                                        

      (B)  Furnish a person with a prescription described in       1,853        

division (A) of this section and knowingly misstate on the         1,855        

prescription the length of time the chiropractor expects the                    

person to have the disability that limits or impairs the person's  1,857        

ability to walk in order to enable the person to retain a placard  1,859        

issued under section 4503.44 of the Revised Code for a period of   1,860        

time longer than that which would be estimated by a similar        1,862        

practitioner under the same or similar circumstances.              1,863        

      Sec. 4734.162.  A CHIROPRACTOR SHALL FOLLOW THE GUIDELINES   1,865        

OR LIMITS ESTABLISHED IN RULES ADOPTED UNDER THIS SECTION BY THE   1,866        

STATE CHIROPRACTIC BOARD WHEN THE CHIROPRACTOR SOLICITS AS A       1,867        

CHIROPRACTIC PATIENT ANY VICTIM OR RELATIVE OF A VICTIM OF AN      1,868        

ACCIDENT, DISASTER, OR OTHER INCIDENT.  THE BOARD SHALL ADOPT      1,869        

RULES AS IT CONSIDERS NECESSARY TO IMPLEMENT THIS SECTION.  THE    1,870        

RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE      1,871        

REVISED CODE.                                                      1,872        

      Sec. 4734.091 4734.17.  (A)  An individual whom the STATE    1,882        

chiropractic examining board licenses, certificates, or otherwise  1,883        

legally authorizes to engage in the practice of chiropractic may   1,885        

render the professional services of a chiropractor within this     1,886        

state through a corporation formed under division (B) of section   1,887        

1701.03 of the Revised Code, a limited liability company formed                 

under Chapter 1705. of the Revised Code, a partnership, or a       1,889        

professional association formed under Chapter 1785. of the         1,891        

                                                          42     


                                                                 
Revised Code.  This division does not preclude an individual of    1,893        

that nature A CHIROPRACTOR from rendering professional services    1,894        

as a chiropractor through another form of business entity,         1,896        

including, but not limited to, a nonprofit corporation or          1,897        

foundation, or in another manner that is authorized by or in       1,898        

accordance with this chapter, another chapter of the Revised       1,899        

Code, or rules of the STATE chiropractic examining board adopted   1,900        

pursuant to this chapter.                                                       

      (B)  A corporation, limited liability company, partnership,  1,902        

or professional association described in division (A) of this      1,903        

section may be formed for the purpose of providing a combination   1,904        

of the professional services of the following individuals who are  1,905        

licensed, certificated, or otherwise legally authorized to         1,907        

practice their respective professions:                                          

      (1)  Optometrists who are authorized to practice optometry,  1,909        

under Chapter 4725. of the Revised Code;                           1,910        

      (2)  Chiropractors who are authorized to practice            1,912        

chiropractic under this chapter;                                   1,913        

      (3)  Psychologists who are authorized to practice            1,915        

psychology under Chapter 4732. of the Revised Code;                1,916        

      (4)  Registered or licensed practical nurses who are         1,918        

authorized to practice nursing as registered nurses or as          1,919        

licensed practical nurses under Chapter 4723. of the Revised       1,921        

Code;                                                                           

      (5)  Pharmacists who are authorized to practice pharmacy     1,924        

under Chapter 4729. of the Revised Code;                           1,927        

      (6)  Physical therapists who are authorized to practice      1,929        

physical therapy under sections 4755.40 to 4755.53 of the Revised  1,931        

Code;                                                              1,932        

      (7)  Mechanotherapists who are authorized to practice        1,934        

mechanotherapy under section 4731.151 of the Revised Code;         1,937        

      (8)  Doctors of medicine and surgery, osteopathic medicine   1,940        

and surgery, or podiatric medicine and surgery who are authorized  1,941        

for their respective practices under Chapter 4731. of the Revised  1,942        

                                                          43     


                                                                 
Code.                                                                           

      This division shall apply notwithstanding a provision of a   1,944        

ANY code of ethics described in division (A)(9) of ESTABLISHED OR  1,946        

ADOPTED UNDER section 4734.10 4734.16 of the Revised Code that     1,947        

prohibits an individual from engaging in the practice of           1,949        

chiropractic in combination with a person AN INDIVIDUAL who is     1,950        

licensed, certificated, or otherwise authorized for the practice   1,951        

of optometry, psychology, nursing, pharmacy, physical therapy,     1,952        

mechanotherapy, medicine and surgery, osteopathic medicine and     1,953        

surgery, or podiatric medicine and surgery, but who is not also    1,955        

licensed, certificated, or otherwise legally authorized UNDER      1,956        

THIS CHAPTER to engage in the practice of chiropractic.            1,957        

      Sec. 4734.19.  A CHIROPRACTOR SHALL RETAIN AT THE            1,959        

CHIROPRACTOR'S PRIMARY PRACTICE LOCATION A CURRENT COPY OF THE     1,960        

STATUTES AND RULES GOVERNING THE PRACTICE OF CHIROPRACTIC IN THIS  1,961        

STATE.                                                                          

      Sec. 4734.05 4734.20.  Each (A)  EXCEPT FOR PERSONS SEEKING  1,971        

TO PRACTICE CHIROPRACTIC UNDER A SPECIAL LIMITED LICENSE ISSUED    1,972        

PURSUANT TO SECTION 4734.27 OF THE REVISED CODE, EACH person       1,976        

wishing SEEKING to practice chiropractic and be approved for       1,977        

examination for licensure in the THIS state shall make written     1,979        

application APPLY IN WRITING TO THE STATE CHIROPRACTIC BOARD FOR   1,980        

A LICENSE TO PRACTICE CHIROPRACTIC.  THE APPLICATION SHALL BE                   

MADE under oath, on a form prescribed by the board, to the         1,983        

chiropractic examining board, such application to AND SHALL be     1,985        

accompanied by a fee of two hundred fifty dollars.  The board                   

shall issue licenses semiannually upon                             1,986        

      (B)  EXCEPT AS PROVIDED IN SECTIONS 4734.23 AND 4734.24 OF   1,989        

THE REVISED CODE, TO RECEIVE A CHIROPRACTIC LICENSE, AN APPLICANT  1,990        

MUST MEET the following conditions:                                             

      (A)(1)  The applicant shows to the satisfaction of the       1,992        

board that he is MUST BE at least twenty-one years of age, is BE   1,995        

of good moral character, and possesses POSSESS a high school       1,997        

education or its equivalent;                                       1,998        

                                                          44     


                                                                 
      (B)  The.                                                    2,000        

      (2)  THE APPLICANT MUST HAVE SUCCESSFULLY COMPLETED, PRIOR   2,002        

TO MATRICULATION AT A SCHOOL OR COLLEGE OF CHIROPRACTIC, AT LEAST  2,003        

TWO YEARS OF COLLEGE CREDIT IN THE ARTS AND SCIENCES AT A COLLEGE  2,005        

OR UNIVERSITY ACCREDITED BY A STATE OR REGIONAL ACCREDITING        2,006        

ORGANIZATION RECOGNIZED BY THE BOARD, EXCEPT THAT THE BOARD MAY                 

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    2,008        

THAT REQUIRE COMPLETION OF ADDITIONAL YEARS OF COLLEGE CREDIT OR   2,009        

RECEIPT OF A COLLEGE DEGREE IN AN AREA SPECIFIED IN THE RULES.     2,010        

      (3)  THE applicant is MUST BE a graduate of an approved AND  2,013        

HOLD THE DEGREE OF DOCTOR OF CHIROPRACTIC FROM A school or         2,014        

college of chiropractic approved by the board, requiring for       2,016        

graduation a course of study of not less than four thousand class  2,017        

hours of forty-five minutes per class hour;                        2,018        

      (C)  The applicant passes a written examination before the   2,020        

board and to its satisfaction in the following subjects with an    2,021        

average passing grade of not less than seventy-five per cent:      2,022        

      (1)  Principles and practice of chiropractic;                2,024        

      (2)  Anatomy;                                                2,026        

      (3)  Physiology;                                             2,028        

      (4)  Chemistry;                                              2,030        

      (5)  Pathology;                                              2,032        

      (6)  Bacteriology;                                           2,034        

      (7)  Diagnosis;                                              2,036        

      (8)  Hygiene;                                                2,038        

      (9)  Such additional subjects as the board considers         2,040        

appropriate.                                                       2,041        

      Examinations shall be conducted in the city of Columbus in   2,043        

February and August of each year to determine the professional     2,044        

qualifications of applicants for registration as chiropractors     2,045        

UNDER SECTION 4734.21 OF THE REVISED CODE.                         2,046        

      (4)  THE APPLICANT MUST HAVE RECEIVED ONE OF THE FOLLOWING   2,049        

FROM THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS, AS APPROPRIATE  2,050        

ACCORDING TO THE DATE OF THE APPLICANT'S GRADUATION FROM A SCHOOL  2,051        

                                                          45     


                                                                 
OR COLLEGE OF CHIROPRACTIC:                                        2,052        

      (a)  IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1,       2,055        

1970, BUT BEFORE JANUARY 1, 1989, A "DIPLOMATE CERTIFICATE" OR     2,057        

"CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS I AND II   2,059        

AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL BOARD'S              2,060        

EXAMINATIONS;                                                                   

      (b)  IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1,       2,063        

1989, BUT BEFORE JANUARY 1, 2000, A "CERTIFICATE OF ATTAINMENT"    2,065        

EVIDENCING PASSAGE OF PARTS I, II, AND III AND THE PHYSIOTHERAPY   2,068        

SECTION OF THE NATIONAL BOARD'S EXAMINATIONS;                      2,069        

      (c)  IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1,       2,072        

2000, A "CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS    2,074        

I, II, III, AND IV AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL   2,078        

BOARD'S EXAMINATIONS.                                                           

      (5)  THE APPLICANT MUST HAVE PASSED THE BOARD'S              2,080        

JURISPRUDENCE EXAMINATION CONDUCTED UNDER SECTION 4734.22 OF THE   2,081        

REVISED CODE.                                                      2,083        

      (C)  THE BOARD SHALL ISSUE A LICENSE TO PRACTICE             2,086        

CHIROPRACTIC TO EACH APPLICANT WHO FILES A COMPLETE APPLICATION,   2,087        

PAYS ALL APPLICABLE FEES, AND MEETS THE CONDITIONS SPECIFIED IN    2,088        

DIVISION (B) OF THIS SECTION.  THE BURDEN OF PROOF IS ON THE       2,090        

APPLICANT, TO PROVE BY CLEAR AND CONVINCING EVIDENCE TO THE        2,091        

BOARD, THAT THE APPLICANT MEETS THE CONDITIONS FOR RECEIPT OF THE  2,092        

LICENSE.                                                                        

      THE BOARD MAY CONDUCT ANY INVESTIGATION IT CONSIDERS         2,094        

APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL            2,095        

CHARACTER, AND FITNESS TO RECEIVE A LICENSE.  IN CONDUCTING AN     2,096        

INVESTIGATION, THE BOARD MAY REQUEST INFORMATION FROM THE RECORDS  2,098        

MAINTAINED BY THE FEDERAL BUREAU OF INVESTIGATION, THE BUREAU OF   2,099        

CRIMINAL IDENTIFICATION AND INVESTIGATION, AND ANY OTHER           2,100        

REPOSITORIES OF CRIMINAL RECORDS HELD IN THIS OR ANOTHER STATE.                 

THE BOARD MAY CHARGE THE APPLICANT A FEE FOR CONDUCTING THE        2,101        

INVESTIGATION.  THE AMOUNT OF THE FEE SHALL NOT EXCEED THE         2,103        

EXPENSES THE BOARD INCURS IN CONDUCTING THE INVESTIGATION AND MAY  2,104        

                                                          46     


                                                                 
INCLUDE ANY FEES THAT MUST BE PAID TO OBTAIN INFORMATION IN THE    2,105        

CRIMINAL RECORD.                                                                

      Sec. 4734.201.  AS USED IN DIVISION (B) OF SECTION 4734.20   2,107        

OF THE REVISED CODE, "PHYSIOTHERAPY" IS A REFERENCE TO A           2,108        

PARTICULAR SECTION OF THE EXAMINATION OFFERED BY THE NATIONAL      2,109        

BOARD OF CHIROPRACTIC EXAMINERS AND DOES NOT MEAN "PHYSIOTHERAPY"  2,110        

AS THAT TERM IS USED IN RELATION TO THE PRACTICE OF PHYSICAL       2,111        

THERAPY PURSUANT TO SECTIONS 4755.40 TO 4755.56 OF THE REVISED     2,113        

CODE.                                                                           

      Sec. 4734.21.  THE STATE CHIROPRACTIC BOARD SHALL EVALUATE   2,115        

SCHOOLS AND COLLEGES OF CHIROPRACTIC AND APPROVE THOSE             2,116        

INSTITUTIONS THAT IT DETERMINES ARE CAPABLE OF ADEQUATELY          2,117        

TRAINING INDIVIDUALS FOR THE PRACTICE OF CHIROPRACTIC IN THIS      2,118        

STATE, EXCEPT THAT IN APPROPRIATE CASES, THE BOARD MAY ACCEPT THE  2,120        

APPROVAL OF AN INSTITUTION THAT HAS BEEN MADE PURSUANT TO AN                    

EVALUATION CONDUCTED BY THE COUNCIL ON CHIROPRACTIC EDUCATION OR   2,121        

ANOTHER ENTITY ACCEPTABLE TO THE BOARD.                            2,122        

      WHEN DETERMINING IF A SCHOOL OR COLLEGE OF CHIROPRACTIC      2,124        

SHOULD RECEIVE THE BOARD'S APPROVAL OR CONTINUE TO BE APPROVED,    2,125        

THE BOARD MAY MAKE ON-SITE INSPECTIONS, REVIEWS, AND INQUIRIES AS  2,127        

IT CONSIDERS NECESSARY.  THE BOARD MAY CHARGE A SCHOOL OR COLLEGE  2,128        

OF CHIROPRACTIC A FEE TO COVER THE REASONABLE COSTS INCURRED BY    2,129        

THE BOARD IN CONDUCTING ANY INSPECTION, REVIEW, OR INQUIRY         2,130        

RELATED TO THE APPROVAL OF THE SCHOOL OR COLLEGE.                               

      THE BOARD SHALL MAINTAIN A LIST OF SCHOOLS AND COLLEGES OF   2,132        

CHIROPRACTIC APPROVED UNDER THIS SECTION.  ON REQUEST, THE BOARD   2,133        

SHALL PROVIDE A COPY OF THE LIST TO THE PERSON MAKING THE          2,134        

REQUEST.                                                                        

      Sec. 4734.22.  THE STATE CHIROPRACTIC BOARD OR ITS           2,136        

REPRESENTATIVE SHALL ADMINISTER AN EXAMINATION ON JURISPRUDENCE,   2,137        

AS IT RELATES TO THE PRACTICE OF CHIROPRACTIC, FOR INDIVIDUALS     2,138        

WHO APPLY TO BE LICENSED UNDER THIS CHAPTER.  THE EXAMINATION      2,140        

SHALL COVER THE PROVISIONS OF THE STATUTES AND RULES GOVERNING     2,141        

THE PRACTICE OF CHIROPRACTIC IN THIS STATE AND OTHER LEGAL TOPICS  2,142        

                                                          47     


                                                                 
CONSIDERED APPROPRIATE BY THE BOARD.  THE EXAMINATION SHALL BE     2,143        

OFFERED AT TIMES AND PLACES SELECTED BY THE BOARD AND SHALL BE     2,144        

ADMINISTERED IN THE MANNER SPECIFIED BY THE BOARD.  THE BOARD      2,145        

SHALL DETERMINE THE SCORE THAT CONSTITUTES EVIDENCE OF PASSING     2,147        

THE EXAMINATION.                                                                

      Sec. 4734.06 4734.23.  Any applicant who was not enrolled    2,156        

and in attendance at a school or college of chiropractic approved  2,158        

by the chiropractic examining board on November 3, 1975, shall,    2,159        

in addition to the requirements of section 4734.05 of the Revised  2,160        

Code, be required to furnish evidence to the board of              2,161        

satisfactorily completing two or more years of college             2,162        

accreditation in the arts and sciences in a college accredited by  2,163        

a state or regional association board or commission responsible    2,164        

for the accreditation and approval of secondary schools and        2,165        

colleges.                                                          2,166        

      The (A)  A PERSON LICENSED BY ANOTHER STATE OR COUNTRY IN    2,168        

THE PRACTICE OF CHIROPRACTIC MAY APPLY UNDER THIS SECTION FOR A    2,169        

LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE IN LIEU OF          2,170        

APPLYING UNDER SECTION 4734.20 OF THE REVISED CODE.  THE FEE FOR   2,171        

APPLYING UNDER THIS SECTION SHALL BE FIVE HUNDRED DOLLARS.                      

      (B)  THE STATE CHIROPRACTIC board may, without the           2,173        

examination required FOR GOOD CAUSE, WAIVE ALL OR PART OF THE      2,175        

EDUCATIONAL AND TESTING REQUIREMENTS SPECIFIED under section       2,178        

4734.05 4734.20 of the Revised Code, AND issue a license to an     2,179        

applicant UNDER THIS SECTION, if he THE APPLICANT presents         2,181        

satisfactory proof of the possession of a license or certificate   2,183        

of registration which has been issued to the applicant within      2,184        

BEING LICENSED TO PRACTICE CHIROPRACTIC IN another state, or       2,185        

within any foreign country, or if issued a certificate by the      2,186        

national board of chiropractic examiners, where the requirements   2,187        

for RECEIPT OF the registration or certification of the applicant  2,188        

at LICENSE, ON the date of his THE license WAS ISSUED, are         2,191        

considered by the chiropractic examining board to be               2,192        

substantially equivalent to those of this chapter.  The fee for    2,193        

                                                          48     


                                                                 
each such license shall be two hundred fifty dollars APPLICANT     2,195        

MUST MEET THE SAME AGE AND MORAL CHARACTER REQUIREMENTS THAT MUST  2,196        

BE MET UNDER SECTION 4734.20 OF THE REVISED CODE.  IF THE BOARD    2,197        

DOES NOT WAIVE ALL OF THE EDUCATIONAL AND TESTING REQUIREMENTS,    2,198        

THE BOARD MAY REQUIRE THAT THE APPLICANT COMPLETE AND RECEIVE A    2,199        

SCORE SPECIFIED BY THE BOARD ON ONE OR MORE TESTS ADMINISTERED BY  2,202        

THE BOARD OR BY THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS OR    2,203        

ANOTHER TESTING ENTITY.                                            2,204        

      Sec. 4734.19 4734.24.  Any person who is WAS actively        2,214        

engaged in the practice of chiropractic in this state on the       2,215        

effective date of this section NOVEMBER 3, 1975, who, on that      2,216        

date, holds HELD a valid, current certificate issued by the state  2,218        

medical board under THE FORMER PROVISIONS OF Chapter 4731. of the  2,219        

Revised Code authorizing him THE PERSON to practice chiropractic,  2,222        

is deemed to possess the requisite educational and professional                 

qualifications to practice chiropractic in this state.             2,223        

      Sec. 4734.07 4734.25.  Every person who receives a A         2,233        

license to practice chiropractic from the STATE chiropractic       2,234        

examining board shall thereafter apply to the board for renewal    2,236        

EXPIRES ANNUALLY ON THE FIRST DAY OF JANUARY AND MAY BE RENEWED.   2,237        

THE RENEWAL PROCESS SHALL BE CONDUCTED in accordance with section  2,239        

4745.02 THE STANDARD RENEWAL PROCEDURES OF CHAPTER 4745. of the    2,240        

Revised Code, EXCEPT THAT THE BOARD'S EXECUTIVE DIRECTOR SHALL     2,241        

NOTIFY EACH LICENSE HOLDER OF THE LICENSE RENEWAL REQUIREMENTS OF  2,242        

THIS SECTION NOT LATER THAN SIXTY DAYS PRIOR TO THE LICENSE'S      2,243        

EXPIRATION DATE.  AT THE TIME APPLICATION FOR RENEWAL IS MADE,                  

THE APPLICANT SHALL PROVIDE ALL INFORMATION REQUESTED BY THE       2,244        

BOARD and pay a renewal fee of two hundred fifty dollars on or     2,247        

before the first day of January of each succeeding year.  Before   2,248        

      BEFORE a renewal of license is issued by the board, each     2,251        

THE licensee shall furnish the board with satisfactory evidence    2,252        

that the licensee has attended COMPLETED DURING THE CURRENT        2,253        

LICENSING PERIOD not less than one two-day educational program     2,254        

conducted in Ohio by the Ohio state chiropractic association or    2,255        

                                                          49     


                                                                 
the equivalent of such educational program held in the state as    2,256        

approved by the board THE NUMBER OF HOURS OF CONTINUING EDUCATION  2,257        

THAT THE BOARD REQUIRES IN RULES ADOPTED UNDER THIS SECTION.  FOR  2,258        

AN ACTIVITY TO BE APPLIED TOWARD THE CONTINUING EDUCATION          2,259        

REQUIREMENT, THE ACTIVITY MUST MEET THE BOARD'S APPROVAL AS A      2,260        

CONTINUING EDUCATION ACTIVITY, AS SPECIFIED IN RULES ADOPTED       2,261        

UNDER THIS SECTION.  Any exception from the CONTINUING EDUCATION   2,262        

requirement for attendance at such educational programs may MUST   2,264        

be approved by the board.  The secretary of the board shall, at    2,266        

least sixty days prior to the first day of January of each year,   2,267        

notify each licensee, at the licensee's last known address, of     2,268        

the provisions of this section.  Failure                                        

      FAILURE of a licensee to comply with this section, and       2,272        

INCLUDING failure to pay the renewal fee on or before the first    2,274        

day of January of each succeeding year, shall operate as a AN      2,275        

AUTOMATIC forfeiture of the right of the licensee to practice the  2,277        

licensee's profession CHIROPRACTIC in this state.  The licensee A  2,279        

FORFEITED LICENSE may be reinstated by the board upon payment of   2,281        

all fees due and a penalty fee of one hundred fifty dollars for                 

reinstatement, in addition to satisfying the board of compliance   2,283        

HAVING COMPLIED with the educational CONTINUING EDUCATION          2,285        

requirements under OF this section.  IF AN INDIVIDUAL'S LICENSE    2,286        

HAS BEEN FORFEITED FOR TWO OR MORE YEARS, THE BOARD MAY ALSO       2,288        

REQUIRE AS A CONDITION OF REINSTATEMENT THAT THE INDIVIDUAL        2,289        

COMPLETE TRAINING OR TESTING AS SPECIFIED BY THE BOARD.            2,290        

      THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY TO    2,292        

IMPLEMENT THIS SECTION, INCLUDING STANDARDS FOR APPROVAL OF        2,293        

CONTINUING EDUCATION IN THE PRACTICE OF CHIROPRACTIC.  ALL RULES   2,294        

ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN ACCORDANCE WITH     2,296        

CHAPTER 119. OF THE REVISED CODE.                                               

      Sec. 4734.26.  (A)  EXCEPT WHEN THE INDIVIDUAL IS THE        2,298        

SUBJECT OF AN ACTION UNDER SECTION 4734.31 OF THE REVISED CODE,    2,299        

AN INDIVIDUAL LICENSED UNDER THIS CHAPTER WHO INTENDS NOT TO       2,301        

PRACTICE IN THIS STATE FOR AN EXTENDED PERIOD MAY SEND TO THE      2,302        

                                                          50     


                                                                 
STATE CHIROPRACTIC BOARD WRITTEN NOTICE TO THAT EFFECT ON OR       2,304        

BEFORE THE LICENSE RENEWAL DATE, AND THE BOARD SHALL CLASSIFY THE  2,305        

LICENSE AS INACTIVE.  DURING THE PERIOD THAT THE LICENSE IS        2,306        

CLASSIFIED AS INACTIVE, THE INDIVIDUAL MAY NOT ENGAGE IN THE       2,307        

PRACTICE OF CHIROPRACTIC IN THIS STATE OR MAKE ANY REPRESENTATION  2,308        

TO THE PUBLIC INDICATING THAT THE PERSON IS ACTIVELY LICENSED                   

UNDER THIS CHAPTER.  AN INDIVIDUAL WHOSE LICENSE IS CLASSIFIED AS  2,309        

INACTIVE IS NOT REQUIRED TO PAY THE A LICENSE RENEWAL FEE FOR THE  2,311        

LICENSE.                                                                        

      (B)  THE HOLDER OF AN INACTIVE LICENSE MAY APPLY TO THE      2,313        

BOARD TO HAVE THE LICENSE RESTORED.  THE BOARD SHALL CONSIDER THE  2,316        

MORAL CHARACTER AND THE ACTIVITIES OF THE APPLICANT DURING THE     2,317        

INACTIVE LICENSE PERIOD, IN ACCORDANCE WITH THE STANDARDS FOR      2,318        

ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION 4734.20 OF THE     2,319        

REVISED CODE.  THE BOARD MAY IMPOSE TERMS AND CONDITIONS ON        2,321        

RESTORATION OF THE LICENSE BY DOING ANY OF THE FOLLOWING:          2,322        

      (1)  REQUIRING THE APPLICANT TO OBTAIN TRAINING, WHICH MAY   2,324        

INCLUDE REQUIRING THE APPLICANT TO PASS AN EXAMINATION UPON        2,327        

COMPLETION OF THE TRAINING;                                        2,328        

      (2)  REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN      2,330        

EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE;     2,331        

      (3)  RESTRICTING OR LIMITING THE EXTENT, SCOPE, OR TYPE OF   2,333        

PRACTICE OF THE APPLICANT.                                         2,335        

      Sec. 4734.27.  (A)  TO THE EXTENT IT IS IN THE PUBLIC        2,338        

INTEREST, THE STATE CHIROPRACTIC BOARD MAY ISSUE, WITHOUT          2,339        

EXAMINATION, A SPECIAL LIMITED LICENSE TO PRACTICE CHIROPRACTIC    2,340        

AS FOLLOWS:                                                                     

      (1)  TO A PERSON WHO IS SEEKING TO PARTICIPATE IN AN         2,342        

INTERNSHIP, RESIDENCY, PRECEPTORSHIP, OR CLINICAL FELLOWSHIP IN    2,343        

THIS STATE IN PREPARATION FOR THE PRACTICE OF CHIROPRACTIC;        2,345        

      (2)  TO A PERSON WHO PLANS TO PROVIDE CHIROPRACTIC SERVICES  2,348        

IN CONNECTION WITH A SPECIAL ACTIVITY, PROGRAM, OR EVENT           2,349        

CONDUCTED IN THIS STATE, IF THE PERSON HOLDS A CURRENT, VALID,                  

AND UNRESTRICTED LICENSE TO PRACTICE CHIROPRACTIC IN ANOTHER       2,350        

                                                          51     


                                                                 
STATE OR COUNTRY;                                                  2,351        

      (3)  TO A PERSON WHO PREVIOUSLY HELD AN UNRESTRICTED         2,353        

LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE WHO PLANS TO OFFER  2,355        

GRATUITOUS CHIROPRACTIC SERVICES AS A VOLUNTARY PUBLIC SERVICE;    2,356        

      (4)  TO ANY OTHER PERSON FOR ANY OTHER REASON SPECIFIED AS   2,358        

GOOD CAUSE BY THE BOARD IN RULES ADOPTED UNDER THIS SECTION.       2,360        

      (B)  AN APPLICANT FOR A SPECIAL LIMITED LICENSE SHALL        2,363        

SUBMIT TO THE BOARD A COMPLETE APPLICATION ON A FORM PRESCRIBED    2,364        

BY THE BOARD, PAY AN APPLICATION FEE OF SEVENTY-FIVE DOLLARS, AND  2,365        

FURNISH PROOF SATISFACTORY TO THE BOARD OF BEING AT LEAST          2,366        

TWENTY-ONE YEARS OF AGE, OF GOOD MORAL CHARACTER, AND OF EITHER    2,367        

HOLDING THE DEGREE OF DOCTOR OF CHIROPRACTIC OR BEING ENROLLED IN  2,368        

A PROGRAM LEADING TO THE DEGREE.  THE INSTITUTION FROM WHICH THE   2,369        

APPLICANT RECEIVED THE DEGREE OR IN WHICH THE APPLICANT IS         2,370        

ENROLLED MUST BE A SCHOOL OR COLLEGE THAT IS APPROVED BY THE       2,372        

BOARD UNDER SECTION 4734.21 OF THE REVISED CODE.                                

      (C)  THE PROVISIONS OF THIS CHAPTER THAT APPLY TO            2,375        

APPLICANTS FOR AND HOLDERS OF LICENSES TO PRACTICE CHIROPRACTIC    2,376        

SHALL APPLY TO APPLICANTS FOR AND HOLDERS OF SPECIAL LIMITED       2,377        

LICENSES TO THE EXTENT THE BOARD CONSIDERS APPROPRIATE, INCLUDING  2,378        

THE BOARD'S AUTHORITY TO CONDUCT ANY INVESTIGATION IT CONSIDERS    2,379        

APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL            2,380        

CHARACTER, AND FITNESS TO RECEIVE A LICENSE AND THE BOARD'S        2,381        

AUTHORITY TO TAKE ACTIONS UNDER SECTION 4734.31 OF THE REVISED     2,382        

CODE.                                                                           

      (D)  THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY  2,385        

TO IMPLEMENT THIS SECTION.  ALL RULES ADOPTED UNDER THIS SECTION   2,386        

SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED    2,389        

CODE.                                                                           

      Sec. 4734.10 4734.31.  (A)  The STATE chiropractic           2,400        

examining board may refuse, revoke, or suspend TAKE ANY OF THE     2,402        

FOLLOWING ACTIONS AGAINST AN INDIVIDUAL WHO HAS APPLIED FOR OR     2,404        

HOLDS A LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE:            2,405        

      (1)  REFUSE TO ISSUE, RENEW, RESTORE, OR REINSTATE A         2,408        

                                                          52     


                                                                 
LICENSE TO PRACTICE CHIROPRACTIC;                                               

      (2)  REPRIMAND OR CENSURE A LICENSE HOLDER;                  2,411        

      (3)  PLACE LIMITS, RESTRICTIONS, OR PROBATIONARY CONDITIONS  2,414        

ON A LICENSE HOLDER'S PRACTICE;                                                 

      (4)  IMPOSE A CIVIL FINE OF NOT MORE THAN FIVE THOUSAND      2,417        

DOLLARS PER VIOLATION;                                             2,418        

      (5)  SUSPEND A LICENSE for a limited OR INDEFINITE period,   2,420        

the license of an applicant for licensure to practice              2,422        

chiropractic or of a licensed chiropractor;                        2,423        

      (6)  REVOKE A LICENSE;                                       2,425        

      (7)  DISCIPLINE OR RESTRICT AN APPLICANT FOR A LICENSE OR A  2,428        

LICENSE HOLDER IN ANY OTHER MANNER.                                             

      (B)  THE BOARD MAY SPECIFY THAT ANY ACTION IT TAKES UNDER    2,430        

DIVISION (A) OF THIS SECTION IS A PERMANENT ACTION.  FAILURE BY    2,432        

AN INDIVIDUAL TO RENEW A LICENSE DOES NOT REMOVE OR LIMIT THE      2,433        

BOARD'S JURISDICTION TO TAKE ACTION AGAINST THE INDIVIDUAL.        2,434        

      (C)  THE BOARD MAY TAKE THE ACTIONS SPECIFIED IN DIVISION    2,437        

(A) OF THIS SECTION for any of the following causes REASONS:       2,438        

      (1)  Conviction of A PLEA OF GUILTY TO, A JUDICIAL FINDING   2,441        

OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT    2,442        

IN LIEU OF CONVICTION FOR, a felony or of a misdemeanor involving  2,444        

moral turpitude IN ANY JURISDICTION, in either of which cases      2,446        

CASE a certified copy of the court record shall be conclusive      2,447        

evidence, upon receipt of which the board shall revoke or suspend  2,448        

the license of a chiropractor so convicted OF THE CONVICTION;      2,449        

      (2)  Any COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN   2,452        

THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS    2,453        

COMMITTED;                                                                      

      (3)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,    2,455        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF      2,456        

CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE, AS        2,457        

DETERMINED BY THE BOARD, IN WHICH CASE A CERTIFIED COPY OF THE     2,458        

COURT RECORD SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER;           2,459        

      (4)  COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT     2,461        

                                                          53     


                                                                 
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         2,462        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       2,463        

      (5)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,    2,465        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF      2,466        

CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF           2,467        

PRACTICE, IN WHICH CASE A CERTIFIED COPY OF THE COURT RECORD       2,468        

SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER;                        2,469        

      (6)  COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT     2,471        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         2,472        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       2,473        

      (7)  ANY DIRECT OR INDIRECT VIOLATION OR ATTEMPTED           2,475        

violation of this chapter OR ANY OF THE RULES ADOPTED UNDER IT     2,477        

GOVERNING THE PRACTICE OF CHIROPRACTIC;                            2,478        

      (8)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY   2,481        

THE BOARD, INCLUDING FAILURE TO COMPLY WITH A SUBPOENA OR ORDER    2,482        

ISSUED BY THE BOARD OR FAILURE TO ANSWER TRUTHFULLY A QUESTION     2,483        

PRESENTED BY THE BOARD AT A DEPOSITION OR IN WRITTEN               2,484        

INTERROGATORIES, EXCEPT THAT FAILURE TO COOPERATE WITH AN          2,485        

INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR DISCIPLINE UNDER    2,486        

THIS SECTION IF THE BOARD OR A COURT OF COMPETENT JURISDICTION     2,487        

HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA OR PERMITS THE  2,488        

INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE IN ISSUE;         2,489        

      (9)  ENGAGING IN AN ONGOING PROFESSIONAL RELATIONSHIP WITH   2,491        

A PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER OR  2,492        

THE RULES ADOPTED UNDER IT, UNLESS THE CHIROPRACTOR MAKES A GOOD   2,494        

FAITH EFFORT TO HAVE THE PERSON OR ENTITY COMPLY WITH THE                       

PROVISIONS;                                                        2,495        

      (10)  RETALIATING AGAINST A CHIROPRACTOR FOR THE             2,497        

CHIROPRACTOR'S REPORTING TO THE BOARD OR ANY OTHER AGENCY WITH     2,498        

JURISDICTION ANY VIOLATION OF THE LAW OR FOR COOPERATING WITH THE  2,499        

BOARD OF ANOTHER AGENCY IN THE INVESTIGATION OF ANY VIOLATION OF   2,500        

THE LAW;                                                           2,501        

      (11)  AIDING, ABETTING, ASSISTING, COUNSELING, OR            2,503        

CONSPIRING WITH ANY PERSON IN THAT PERSON'S VIOLATION OF ANY       2,504        

                                                          54     


                                                                 
PROVISION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT,           2,505        

INCLUDING THE PRACTICE OF CHIROPRACTIC WITHOUT A LICENSE, OR       2,506        

AIDING, ABETTING, ASSISTING, COUNSELING, OR CONSPIRING WITH ANY    2,507        

PERSON IN THAT PERSON'S UNLICENSED PRACTICE OF ANY OTHER HEALTH    2,508        

CARE PROFESSION THAT HAS LICENSING REQUIREMENTS;                   2,509        

      (12)  WITH RESPECT TO A REPORT OR RECORD THAT IS MADE,       2,512        

FILED, OR SIGNED IN CONNECTION WITH THE PRACTICE OF CHIROPRACTIC,               

KNOWINGLY MAKING OR FILING A REPORT OR RECORD THAT IS FALSE,       2,513        

INTENTIONALLY OR NEGLIGENTLY FAILING TO FILE A REPORT OR RECORD    2,514        

REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR WILLFULLY IMPEDING OR  2,515        

OBSTRUCTING THE REQUIRED FILING, OR INDUCING ANOTHER PERSON TO     2,516        

ENGAGE IN ANY SUCH ACTS;                                           2,517        

      (3)  Fraud or deceit in procuring admission to practice;     2,519        

      (4)(13)  MAKING A FALSE, FRAUDULENT, OR DECEITFUL STATEMENT  2,521        

TO THE BOARD OR ANY AGENT OF THE BOARD;                            2,522        

      (14)  ATTEMPTING TO SECURE A LICENSE OR TO CORRUPT THE       2,524        

OUTCOME OF AN OFFICIAL BOARD PROCEEDING THROUGH BRIBERY OR ANY     2,525        

OTHER IMPROPER MEANS;                                              2,526        

      (15)  WILLFULLY OBSTRUCTING OR HINDERING THE BOARD OR ANY    2,528        

AGENT OF THE BOARD IN THE DISCHARGE OF THE BOARD'S DUTIES;         2,529        

      (16)  Habitually using drugs or intoxicants to the extent    2,531        

of rendering the applicant or chiropractor THAT THE PERSON IS      2,532        

RENDERED unfit for the practice of chiropractic or for gross       2,535        

immorality;                                                                     

      (5)  Violation of any rule adopted by the board to govern    2,538        

the practice of chiropractic that is consistent with section       2,539        

4734.091 of the Revised Code;                                                   

      (6)  Being guilty;                                           2,541        

      (17)  INABILITY TO PRACTICE CHIROPRACTIC ACCORDING TO        2,544        

ACCEPTABLE AND PREVAILING STANDARDS OF CARE BY REASON OF CHEMICAL  2,546        

DEPENDENCY, MENTAL ILLNESS, OR PHYSICAL ILLNESS, INCLUDING                      

CONDITIONS IN WHICH PHYSICAL DETERIORATION HAS ADVERSELY AFFECTED  2,548        

THE PERSON'S COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS AND                         

CONDITIONS IN WHICH A CHIROPRACTOR'S CONTINUED PRACTICE MAY POSE   2,550        

                                                          55     


                                                                 
A DANGER TO THE CHIROPRACTOR OR THE PUBLIC;                        2,551        

      (18)  ANY ACT CONSTITUTING GROSS IMMORALITY RELATIVE TO THE  2,553        

PERSON'S PRACTICE OF CHIROPRACTIC, INCLUDING ACTS INVOLVING        2,554        

SEXUAL ABUSE, SEXUAL MISCONDUCT, OR SEXUAL EXPLOITATION;           2,555        

      (19)  EXPLOITING A PATIENT FOR PERSONAL OR FINANCIAL GAIN;   2,557        

      (20)  FAILING TO MAINTAIN PROPER, ACCURATE, AND LEGIBLE      2,559        

RECORDS IN THE ENGLISH LANGUAGE DOCUMENTING EACH PATIENT'S CARE,   2,561        

INCLUDING, AS APPROPRIATE, RECORDS OF THE FOLLOWING:  DATES OF     2,562        

TREATMENT, SERVICES RENDERED, EXAMINATIONS, TESTS, X-RAY REPORTS,  2,563        

REFERRALS, AND THE DIAGNOSIS OR CLINICAL IMPRESSION AND CLINICAL   2,564        

TREATMENT PLAN PROVIDED TO THE PATIENT;                                         

      (21)  EXCEPT AS OTHERWISE REQUIRED BY THE BOARD OR BY LAW,   2,566        

DISCLOSING PATIENT INFORMATION GAINED DURING THE CHIROPRACTOR'S    2,567        

PROFESSIONAL RELATIONSHIP WITH A PATIENT WITHOUT OBTAINING THE     2,569        

PATIENT'S AUTHORIZATION FOR THE DISCLOSURE;                                     

      (22)  COMMISSION of willful and OR gross malpractice, or     2,572        

willful or gross neglect, in the practice of chiropractic;         2,573        

      (7)(23)  FAILING TO PERFORM OR NEGLIGENTLY PERFORMING AN     2,575        

ACT RECOGNIZED BY THE BOARD AS A GENERAL DUTY OR THE EXERCISE OF   2,577        

DUE CARE IN THE PRACTICE OF CHIROPRACTIC, REGARDLESS OF WHETHER    2,578        

INJURY RESULTS TO A PATIENT FROM THE FAILURE TO PERFORM OR         2,579        

NEGLIGENT PERFORMANCE OF THE ACT;                                  2,580        

      (24)  ENGAGING IN ANY CONDUCT OR PRACTICE THAT IMPAIRS OR    2,582        

MAY IMPAIR THE ABILITY TO PRACTICE CHIROPRACTIC SAFELY AND         2,583        

SKILLFULLY;                                                        2,584        

      (25)  PRACTICING, OR CLAIMING TO BE CAPABLE OF PRACTICING,   2,587        

BEYOND THE SCOPE OF THE PRACTICE OF CHIROPRACTIC AS ESTABLISHED    2,588        

UNDER THIS CHAPTER AND THE RULES ADOPTED UNDER THIS CHAPTER;                    

      (26)  ACCEPTING AND PERFORMING PROFESSIONAL                  2,590        

RESPONSIBILITIES AS A CHIROPRACTOR WHEN NOT QUALIFIED TO PERFORM   2,591        

THOSE RESPONSIBILITIES, IF THE PERSON KNEW OR HAD REASON TO KNOW   2,592        

THAT THE PERSON WAS NOT QUALIFIED TO PERFORM THEM;                 2,593        

      (27)  DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES    2,595        

OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL WHEN THE      2,597        

                                                          56     


                                                                 
DELEGATING CHIROPRACTOR KNOWS OR HAD REASON TO KNOW THAT THE       2,598        

EMPLOYEE OR OTHER INDIVIDUAL IS NOT QUALIFIED BY TRAINING,         2,599        

EXPERIENCE, OR PROFESSIONAL LICENSURE TO PERFORM THE                            

RESPONSIBILITIES;                                                  2,600        

      (28)  DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES    2,602        

OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL IN A          2,603        

NEGLIGENT MANNER OR FAILING TO PROVIDE PROPER SUPERVISION OF THE   2,604        

EMPLOYEE OR OTHER INDIVIDUAL TO WHOM THE RESPONSIBILITIES ARE      2,605        

DELEGATED;                                                         2,606        

      (29)  FAILING TO REFER A PATIENT TO ANOTHER HEALTH CARE      2,608        

PRACTITIONER FOR CONSULTATION OR TREATMENT WHEN THE CHIROPRACTOR   2,609        

KNOWS OR HAS REASON TO KNOW THAT THE REFERRAL IS IN THE BEST       2,611        

INTEREST OF THE PATIENT;                                                        

      (30)  Obtaining OR ATTEMPTING TO OBTAIN any fee OR OTHER     2,614        

ADVANTAGE by fraud or misrepresentation;                           2,615        

      (8)(31)  MAKING MISLEADING, DECEPTIVE, FALSE, OR FRAUDULENT  2,618        

REPRESENTATIONS IN THE PRACTICE OF CHIROPRACTIC;                                

      (32)  Being guilty of false, fraudulent, or DECEPTIVE,       2,621        

misleading, OR UNPROFESSIONAL advertising or advertising the       2,622        

prices for which chiropractic services are available; OTHER        2,624        

SOLICITATIONS FOR PATIENTS or having professional connection with  2,625        

any individual, firm, or corporation PERSON that advertises        2,627        

contrary to division (A)(8) of this section;                       2,628        

      (9)  Subject to section 4734.091 of the Revised Code, the    2,630        

violation OR SOLICITS FOR PATIENTS IN SUCH A MANNER;               2,631        

      (33)  SOLICITING ANY VICTIM OR RELATIVE OF A VICTIM OF AN    2,633        

ACCIDENT, INCIDENT, OR DISASTER WITHOUT COMPLYING WITH THE RULES   2,634        

PERTAINING TO MAKING SUCH SOLICITATIONS ADOPTED BY THE BOARD       2,635        

UNDER SECTION 4734.162 OF THE REVISED CODE;                        2,636        

      (34)  VIOLATION of any A provision of the ANY code of        2,639        

ethics of the American chiropractic association or of another      2,641        

national professional organization as determined ESTABLISHED OR    2,642        

ADOPTED by rule of the board.  The board shall obtain and keep on  2,644        

file current copies of the codes of ethics of the national         2,645        

                                                          57     


                                                                 
organizations.  A chiropractor whose certificate is being          2,646        

suspended or revoked shall not be found to have violated a code    2,649        

of ethics of an organization not appropriate to the                2,650        

chiropractor's profession.                                         2,651        

      (10)  Failure of UNDER SECTION 4734.16 OF THE REVISED CODE;  2,653        

      (35)  FAILING TO MEET the licensing examination              2,655        

REQUIREMENTS FOR RECEIPT OF A LICENSE SPECIFIED UNDER SECTION      2,656        

4734.20 OF THE REVISED CODE;                                       2,657        

      (11)(36)  ACTIONS TAKEN FOR ANY REASON, OTHER THAN           2,660        

NONPAYMENT OF FEES, BY THE CHIROPRACTIC LICENSING AUTHORITY OF     2,661        

ANOTHER STATE OR COUNTRY;                                                       

      (37)  FAILING TO MAINTAIN CLEAN AND SANITARY CONDITIONS AT   2,663        

THE CLINIC, OFFICE, OR OTHER PLACE IN WHICH CHIROPRACTIC SERVICES  2,665        

ARE PROVIDED;                                                                   

      (38)  EXCEPT AS PROVIDED IN DIVISION (G) OF THIS SECTION:    2,668        

      (a)  Waiving the payment of all or any part of a deductible  2,670        

or copayment that a patient, pursuant to a health insurance or     2,672        

health care policy, contract, or plan that covers the              2,673        

chiropractor's services, otherwise would be required to pay if     2,676        

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

patients to receive health care services from that provider        2,678        

CHIROPRACTOR;                                                                   

      (12)(b)  Advertising that the chiropractor will waive the    2,681        

payment of all or any part of a deductible or copayment that a     2,683        

patient, pursuant to a health insurance or health care policy,     2,684        

contract, or plan that covers the chiropractor's services,         2,685        

otherwise would be required to pay.                                2,686        

      (B)  For the purpose of investigation of possible            2,688        

violations of this section, the board may administer oaths, order  2,689        

the taking of depositions, issue subpoenas, and compel the         2,690        

attendance of witnesses and the production of books, accounts,     2,691        

papers, records, documents, and testimony.                         2,692        

      (C)  Notwithstanding divisions (A)(11) and (12) of this      2,694        

section, sanctions                                                 2,695        

                                                          58     


                                                                 
      (D)  ACTIONS TAKEN BY THE BOARD UNDER DIVISION (A) OF THIS   2,698        

SECTION SHALL BE TAKEN PURSUANT TO AN ADJUDICATION UNDER CHAPTER   2,699        

119. OF THE REVISED CODE, EXCEPT AS FOLLOWS:                       2,700        

      (1)  AN APPLICANT IS NOT ENTITLED TO AN ADJUDICATION FOR     2,702        

FAILING TO MEET THE CONDITIONS SPECIFIED UNDER SECTION 4734.20 OF  2,704        

THE REVISED CODE FOR RECEIPT OF A LICENSE THAT INVOLVE THE         2,705        

BOARD'S EXAMINATION ON JURISPRUDENCE OR THE EXAMINATIONS OF THE    2,706        

NATIONAL BOARD OF CHIROPRACTIC EXAMINERS;                                       

      (2)  A PERSON IS NOT ENTITLED TO AN ADJUDICATION IF THE      2,708        

PERSON FAILS TO MAKE A TIMELY REQUEST FOR A HEARING, IN            2,709        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE;                  2,710        

      (3)  IN LIEU OF AN ADJUDICATION, THE BOARD MAY ACCEPT THE    2,712        

SURRENDER OF A LICENSE FROM A CHIROPRACTOR;                        2,713        

      (4)  IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A  2,716        

CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF   2,717        

A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT.  A       2,718        

CONSENT AGREEMENT, WHEN RATIFIED BY THE BOARD, SHALL CONSTITUTE    2,720        

THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER     2,721        

ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES TO RATIFY A      2,722        

CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE    2,723        

CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT.                  2,724        

      (E)  WHEN THE BOARD TAKES ANY ACTION THAT INVOLVES A         2,727        

DETERMINATION OF WHETHER A CHIROPRACTOR IS CONFORMING TO           2,728        

APPROPRIATE STANDARDS OF CARE IN THE PRACTICE OF CHIROPRACTIC,     2,729        

THE BOARD MAY RELY ON THE KNOWLEDGE AND DISCRETION OF ITS MEMBERS  2,730        

IN MAKING THE DETERMINATION, NOTWITHSTANDING ANY EXPERT TESTIMONY  2,731        

PRESENTED BY THE CHIROPRACTOR THAT CONTRADICTS THE KNOWLEDGE OR    2,732        

OPINIONS OF THE MEMBERS OF THE BOARD.                              2,733        

      (F)  THE SEALING OF CONVICTION RECORDS BY A COURT SHALL      2,736        

HAVE NO EFFECT ON A PRIOR BOARD ACTION TAKEN UNDER THIS SECTION    2,737        

OR ON THE BOARD'S JURISDICTION TO TAKE ACTION UNDER THIS SECTION   2,738        

IF, BASED ON A PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A   2,739        

JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF           2,740        

CONVICTION, THE BOARD INITIATED AN INVESTIGATION PRIOR TO THE      2,741        

                                                          59     


                                                                 
COURT'S ORDER TO SEAL THE RECORDS.  THE BOARD SHALL NOT BE         2,742        

REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS         2,743        

RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS.      2,744        

      (G)  ACTIONS shall not be imposed TAKEN PURSUANT TO          2,747        

DIVISION (B)(39) OF THIS SECTION against any licensee              2,748        

CHIROPRACTOR who waives deductibles and copayments as follows:     2,751        

      (1)  In compliance with the health benefit plan that         2,753        

expressly allows a practice of that nature.  Waiver of the         2,754        

deductibles or copays COPAYMENTS shall be made only with the full  2,756        

knowledge and consent of the plan purchaser, payer, and                         

third-party administrator.  Documentation of the consent shall be  2,757        

made available to the board upon request.                          2,759        

      (2)  For professional services rendered to any other person  2,761        

licensed pursuant to this chapter, to the extent allowed by this   2,762        

chapter and the rules of the board.                                2,763        

      Sec. 4734.22 4734.311.  On receipt of a notice pursuant to   2,772        

section 2301.373 of the Revised Code, the STATE chiropractic       2,774        

examining board shall comply with that section with respect to a   2,776        

license issued pursuant to this chapter.                                        

      Sec. 4734.32.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION        2,779        

(A)(2) OF THIS SECTION, IF FORMAL DISCIPLINARY ACTION IS TAKEN     2,780        

AGAINST A CHIROPRACTOR BY ANY HEALTH CARE FACILITY, INCLUDING A    2,781        

CLINIC, HOSPITAL, OR SIMILAR FACILITY, THE CHIEF ADMINISTRATOR OR  2,782        

EXECUTIVE OFFICER OF THE FACILITY SHALL FILE A REPORT WITH THE     2,783        

STATE CHIROPRACTIC BOARD NOT LATER THAN SIXTY DAYS AFTER THE       2,784        

DISCIPLINARY ACTION IS IMPOSED.  THE REPORT SHALL INCLUDE THE      2,785        

NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE FACILITY, AND A    2,786        

SUMMARY OF THE UNDERLYING FACTS LEADING TO THE ACTION TAKEN.  ON   2,787        

REQUEST, THE BOARD SHALL BE PROVIDED CERTIFIED COPIES OF THE       2,788        

PATIENT RECORDS THAT WERE THE BASIS FOR THE FACILITY'S ACTION.     2,790        

PRIOR TO RELEASE TO THE BOARD, THE SUMMARY SHALL BE APPROVED BY    2,791        

THE PEER REVIEW COMMITTEE THAT REVIEWED THE CASE OR BY THE         2,792        

GOVERNING BOARD OF THE FACILITY.                                                

      THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO     2,795        

                                                          60     


                                                                 
FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR                 

ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A    2,797        

HEALTH CARE FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST A     2,798        

CHIROPRACTOR.                                                                   

      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       2,800        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  2,801        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     2,802        

      (2)  DISCIPLINARY ACTION TAKEN AGAINST A CHIROPRACTOR BY A   2,804        

CHIROPRACTIC CLINIC NEED NOT BE REPORTED TO THE BOARD IN EITHER    2,805        

OF THE FOLLOWING CIRCUMSTANCES:                                    2,806        

      (a)  THE CLINIC TAKES THE DISCIPLINARY ACTION FOR REASONS    2,808        

THAT DO NOT INVOLVE CLINICAL OR PATIENT CARE ISSUES;               2,809        

      (b)  THE CLINIC EMPLOYS FEWER THAN FIVE CHIROPRACTORS AND    2,811        

THE DISCIPLINARY ACTION TAKEN DOES NOT RISE ABOVE THE LEVEL OF A   2,812        

WRITTEN REPRIMAND.                                                 2,813        

      (B)  A CHIROPRACTOR OR PROFESSIONAL ASSOCIATION OR SOCIETY   2,815        

OF CHIROPRACTORS THAT BELIEVES A VIOLATION OF ANY PROVISION OF     2,817        

THIS CHAPTER OR RULE OF THE BOARD HAS OCCURRED SHALL REPORT TO     2,818        

THE BOARD THE INFORMATION UPON WHICH THE BELIEF IS BASED.  THIS    2,819        

DIVISION DOES NOT REQUIRE ANY TREATMENT PROVIDER APPROVED BY THE   2,821        

BOARD UNDER SECTION 4734.40 OF THE REVISED CODE OR ANY EMPLOYEE,                

AGENT, OR REPRESENTATIVE OF SUCH A PROVIDER TO MAKE REPORTS WITH   2,823        

RESPECT TO A CHIROPRACTOR PARTICIPATING IN TREATMENT OR AFTERCARE  2,824        

FOR SUBSTANCE ABUSE AS LONG AS THE CHIROPRACTOR MAINTAINS          2,825        

PARTICIPATION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION       2,826        

4734.40 OF THE REVISED CODE AND THE TREATMENT PROVIDER OR                       

EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER HAS NO REASON   2,827        

TO BELIEVE THAT THE CHIROPRACTOR HAS VIOLATED ANY PROVISION OF     2,829        

THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED   2,830        

BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  THIS DIVISION DOES NOT    2,831        

REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER        2,832        

COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY          2,833        

REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A   2,834        

PROFESSIONAL ASSOCIATION OR SOCIETY OF CHIROPRACTORS TO PROVIDE                 

                                                          61     


                                                                 
PEER ASSISTANCE TO CHIROPRACTORS WITH SUBSTANCE ABUSE PROBLEMS     2,835        

WITH RESPECT TO A CHIROPRACTOR WHO HAS BEEN REFERRED FOR           2,836        

EXAMINATION TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER     2,837        

SECTION 4734.40 OF THE REVISED CODE IF THE CHIROPRACTOR            2,839        

COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY          2,840        

DETERMINATION THAT THE CHIROPRACTOR SHOULD ENTER TREATMENT AND AS  2,841        

LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR AGENT HAS NO                   

REASON TO BELIEVE THAT THE CHIROPRACTOR HAS CEASED TO PARTICIPATE  2,843        

IN THE TREATMENT PROGRAM IN ACCORDANCE WITH SECTION 4734.40 OF     2,844        

THE REVISED CODE OR HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR  2,845        

RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY ALCOHOL,       2,846        

DRUGS, OR OTHER SUBSTANCES.                                                     

      (C)  ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED        2,848        

PRIMARILY OF CHIROPRACTORS THAT SUSPENDS OR REVOKES AN             2,849        

INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS, OR  2,851        

FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL                        

MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL       2,852        

REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE       2,853        

BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE         2,855        

PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS   2,856        

LEADING TO THE ACTION TAKEN.                                       2,857        

      THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO     2,860        

FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR    2,861        

ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, SHALL NOT PRECLUDE A   2,862        

PROFESSIONAL ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST  2,864        

A CHIROPRACTOR.                                                                 

      (D)  ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE  2,867        

TO ANY PERSON HOLDING A VALID LICENSE AS A CHIROPRACTOR OR ANY     2,868        

OTHER ENTITY THAT SEEKS TO INDEMNIFY THE PROFESSIONAL LIABILITY    2,869        

OF A CHIROPRACTOR SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER  2,870        

THE FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH  2,871        

DISPOSITION RESULTS IN A PAYMENT EXCEEDING TEN THOUSAND DOLLARS.   2,873        

THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:                             

      (1)  THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE       2,875        

                                                          62     


                                                                 
NOTIFICATION;                                                      2,876        

      (2)  THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT  2,879        

OF THE CLAIM;                                                                   

      (3)  THE NAME OF THE PERSON FILING THE WRITTEN CLAIM;        2,881        

      (4)  THE DATE OF FINAL DISPOSITION;                          2,883        

      (5)  IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE   2,886        

FINAL DISPOSITION OF THE CLAIM TOOK PLACE.                                      

      (E)  THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS   2,889        

CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS                   

ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS        2,892        

SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF   2,893        

A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE.  AS USED IN    2,894        

THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS   2,895        

FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH         2,896        

RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TEN THOUSAND    2,897        

DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING TORTIOUS      2,898        

CONDUCT BY THE CHIROPRACTOR.                                       2,899        

      (F)  ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND        2,902        

MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN  2,903        

CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION   2,904        

IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING A       2,905        

CHIROPRACTOR OR HEALTH CARE FACILITY ARISING OUT OF MATTERS THAT   2,907        

ARE THE SUBJECT OF THE REPORTING REQUIRED BY THIS SECTION.  THE    2,908        

BOARD MAY USE THE INFORMATION OBTAINED ONLY AS THE BASIS FOR AN    2,910        

INVESTIGATION, AS EVIDENCE IN A DISCIPLINARY HEARING AGAINST A     2,911        

CHIROPRACTOR, OR IN ANY SUBSEQUENT TRIAL OR APPEAL OF A BOARD      2,913        

ACTION OR ORDER.                                                                

      THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT          2,915        

RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY           2,916        

COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN       2,918        

CREDENTIALING OR RECREDENTIALING A CHIROPRACTOR OR REVIEWING THE   2,919        

CHIROPRACTOR'S PRIVILEGE TO PRACTICE WITHIN A PARTICULAR           2,920        

FACILITY.  THE BOARD SHALL INDICATE WHETHER OR NOT THE             2,921        

INFORMATION HAS BEEN VERIFIED.  INFORMATION TRANSMITTED BY THE     2,922        

                                                          63     


                                                                 
BOARD SHALL BE SUBJECT TO THE SAME CONFIDENTIALITY PROVISIONS AS   2,923        

WHEN MAINTAINED BY THE BOARD.                                                   

      (G)  EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO   2,926        

DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY   2,927        

REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE   2,928        

CHIROPRACTOR.  THE CHIROPRACTOR SHALL HAVE THE RIGHT TO FILE A     2,929        

STATEMENT WITH THE BOARD CONCERNING THE CORRECTNESS OR RELEVANCE   2,930        

OF THE INFORMATION.  THE STATEMENT SHALL AT ALL TIMES ACCOMPANY    2,932        

THAT PART OF THE RECORD IN CONTENTION.                             2,933        

      (H)  AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR    2,936        

REFERS AN IMPAIRED CHIROPRACTOR TO A TREATMENT PROVIDER APPROVED   2,938        

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,    2,939        

REFERRAL, OR PROVISION OF THE INFORMATION.                         2,940        

      (I)  IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL    2,943        

ASSOCIATION OR SOCIETY OF CHIROPRACTORS THAT SPONSORS A COMMITTEE  2,944        

OR PROGRAM TO PROVIDE PEER ASSISTANCE TO A CHIROPRACTOR WITH                    

SUBSTANCE ABUSE PROBLEMS, A REPRESENTATIVE OR AGENT OF SUCH A      2,946        

COMMITTEE OR PROGRAM, AND A MEMBER OF THE STATE CHIROPRACTIC       2,947        

BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON BY REASON  2,948        

OF ACTIONS TAKEN TO REFER A CHIROPRACTOR TO A TREATMENT PROVIDER   2,949        

APPROVED UNDER SECTION 4734.40 OF THE REVISED CODE FOR                          

EXAMINATION OR TREATMENT.                                                       

      Sec. 4734.33.  IF AN INDIVIDUAL SUBJECT TO DISCIPLINARY      2,951        

ACTION BY THE STATE CHIROPRACTIC BOARD PURSUANT TO SECTION         2,952        

4734.31 OF THE REVISED CODE ELECTS AN ADJUDICATION UNDER CHAPTER   2,954        

119. OF THE REVISED CODE REGARDING THE ACTION, THE ADJUDICATION    2,956        

ORDER ISSUED BY THE BOARD MAY, IN ADDITION TO IMPOSING             2,957        

DISCIPLINARY ACTION, REQUIRE THAT THE INDIVIDUAL PAY AN AMOUNT TO  2,958        

COVER THE REASONABLE COSTS INCURRED BY THE BOARD IN CONDUCTING     2,959        

THE ADJUDICATION AND THE INVESTIGATION LEADING TO THE              2,960        

ADJUDICATION.  THE AMOUNT THE INDIVIDUAL MAY BE ORDERED TO PAY     2,962        

MAY NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.  COSTS THAT MAY BE    2,963        

RECOVERED INCLUDE STAFF SALARIES, ATTORNEY'S FEES, EXPERT WITNESS  2,964        

                                                          64     


                                                                 
FEES, AND ANY OTHER REASONABLE EXPENSES INCURRED BY THE BOARD.     2,965        

THE BOARD SHALL SET FORTH THE COSTS IN AN ITEMIZED STATEMENT       2,966        

ATTACHED TO THE ADJUDICATION ORDER.  THE INDIVIDUAL SUBJECT TO     2,967        

THE ORDER MAY CONTEST THE REASONABLENESS OF THE COSTS IN THE       2,968        

MANNER SET FORTH IN CHAPTER 119. OF THE REVISED CODE FOR           2,970        

APPEALING AGENCY ORDERS.  ALL COSTS COLLECTED UNDER THIS SECTION   2,971        

SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION 4734.54 OF THE       2,973        

REVISED CODE.                                                                   

      Sec. 4734.12 4734.34.  Before restoring AN INDIVIDUAL        2,983        

SUBJECT TO AN ACTION TAKEN UNDER SECTION 4734.31 OF THE REVISED    2,984        

CODE, OTHER THAN PERMANENT REVOCATION OF A LICENSE, MAY APPLY TO   2,985        

THE STATE CHIROPRACTIC BOARD TO HAVE THE INDIVIDUAL'S LICENSE      2,986        

RESTORED to a good standing a certificate issued under Chapter     2,989        

4734. of the Revised Code which has been suspended for any cause   2,990        

for more than two years, the chiropractic examining.  THE BOARD    2,991        

SHALL CONSIDER THE MORAL CHARACTER AND THE ACTIVITIES OF THE       2,993        

APPLICANT SINCE THE BOARD'S ACTION WAS TAKEN, IN ACCORDANCE WITH   2,994        

THE STANDARDS FOR ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION  2,995        

4734.20 OF THE REVISED CODE.  THE board may require the applicant  2,999        

to pass an oral and written examination, but under no              3,000        

circumstances shall an applicant take only an oral exam, to        3,001        

determine his present fitness to resume practice.                  3,003        

      The authority of the board to impose terms and conditions    3,005        

includes ON RESTORATION OF THE LICENSE BY DOING ANY OF the         3,006        

following:                                                         3,007        

      (A)  Requiring the applicant to obtain training and, WHICH   3,009        

MAY INCLUDE REQUIRING THE APPLICANT to pass an examination upon    3,010        

completion of such THE training;                                   3,011        

      (B)  REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN      3,014        

EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE;     3,015        

      (C)  Restricting or limiting the extent, scope, or type of   3,017        

practice of the applicant.                                         3,019        

      The board shall consider the moral character and the         3,021        

activities of the applicant during the period of suspension or     3,022        

                                                          65     


                                                                 
inactivity, in accordance with this chapter.                       3,024        

      Sec. 4734.35.  (A)  AS USED IN THIS SECTION, "PROSECUTOR"    3,027        

HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.    3,028        

      (B)  THE PROSECUTOR IN ANY CASE AGAINST ANY CHIROPRACTOR     3,031        

HOLDING A VALID LICENSE ISSUED UNDER THIS CHAPTER SHALL PROMPTLY   3,032        

NOTIFY THE STATE CHIROPRACTIC BOARD OF ANY OF THE FOLLOWING:       3,033        

      (1)  A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY    3,036        

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    3,038        

FELONY CHARGE;                                                     3,039        

      (2)  A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY    3,042        

OR COURT OF, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE,                 

OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL    3,044        

UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A              3,045        

MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF     3,046        

PRACTICE;                                                                       

      (3)  A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY    3,049        

OR COURT OF, A MISDEMEANOR INVOLVING MORAL TURPITUDE, OR A CASE                 

IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON         3,050        

TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR       3,051        

INVOLVING MORAL TURPITUDE.                                         3,052        

      (C)  THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE    3,054        

CHIROPRACTOR, THE NATURE OF THE OFFENSE FOR WHICH THE ACTION WAS   3,056        

TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE ACTION.     3,057        

THE BOARD MAY PRESCRIBE AND PROVIDE FORMS FOR PROSECUTORS TO MAKE               

REPORTS UNDER THIS SECTION.  THE FORM MAY BE THE SAME AS THE FORM  3,058        

REQUIRED TO BE PROVIDED UNDER SECTION 2929.24 OF THE REVISED       3,059        

CODE.                                                                           

      Sec. 4734.36.  A CHIROPRACTOR WHO IN THIS STATE PLEADS       3,062        

GUILTY TO OR IS CONVICTED OF AGGRAVATED MURDER, MURDER, VOLUNTARY  3,063        

MANSLAUGHTER, FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL          3,064        

BATTERY, GROSS SEXUAL IMPOSITION, AGGRAVATED ARSON, AGGRAVATED     3,065        

ROBBERY, OR AGGRAVATED BURGLARY, OR WHO IN ANOTHER JURISDICTION    3,066        

PLEADS GUILTY TO OR IS CONVICTED OF ANY SUBSTANTIALLY EQUIVALENT   3,067        

                                                          66     


                                                                 
CRIMINAL OFFENSE, IS AUTOMATICALLY SUSPENDED FROM PRACTICE IN      3,068        

THIS STATE AND THE LICENSE ISSUED UNDER THIS CHAPTER IS            3,070        

AUTOMATICALLY SUSPENDED AS OF THE DATE OF THE GUILTY PLEA OR                    

CONVICTION.  CONTINUED PRACTICE AFTER SUSPENSION UNDER THIS        3,071        

SECTION SHALL BE CONSIDERED PRACTICING CHIROPRACTIC WITHOUT A      3,072        

LICENSE.  ON RECEIVING NOTICE OR OTHERWISE BECOMING AWARE OF THE   3,073        

CONVICTION, THE STATE CHIROPRACTIC BOARD SHALL NOTIFY THE          3,074        

INDIVIDUAL OF THE SUSPENSION UNDER THIS SECTION BY CERTIFIED MAIL  3,075        

OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF THE REVISED      3,076        

CODE.  IF AN INDIVIDUAL WHOSE LICENSE IS SUSPENDED UNDER THIS      3,077        

SECTION FAILS TO MAKE A TIMELY REQUEST FOR AN ADJUDICATION, THE    3,078        

BOARD SHALL ENTER A FINAL ORDER REVOKING THE INDIVIDUAL'S          3,079        

LICENSE.                                                                        

      Sec. 4734.101 4734.37.  If the STATE chiropractic examining  3,089        

board determines that there is clear and convincing evidence that  3,090        

a person who has been granted a certificate LICENSE under this     3,091        

chapter has committed an act that subjects his THE PERSON'S                     

license to board action under section 4734.10 4734.31 of the       3,093        

Revised Code and that the certificate holder's PERSON'S continued  3,094        

practice presents a danger of immediate and serious harm to the    3,096        

public, the board may suspend the certificate LICENSE without a    3,097        

prior hearing.  A telephone conference call may be utilized for    3,098        

reviewing the matter and taking the vote.                                       

      The board shall issue a written order of suspension by       3,100        

certified mail or in person in accordance with section 119.07 of   3,101        

the Revised Code.  The order is not subject to suspension by the   3,102        

court during pendency of any appeal filed under section 119.12 of  3,103        

the Revised Code.  If the certificate holder PERSON SUBJECT TO     3,104        

THE SUSPENSION requests an adjudicatory hearing ADJUDICATION by    3,105        

the board, the date set for the hearing ADJUDICATION shall be      3,106        

within fifteen TWENTY days, but not earlier than seven days,       3,107        

after the request, unless otherwise agreed to by both the board    3,108        

and the certificate holder PERSON SUBJECT TO THE SUSPENSION.       3,109        

      Any summary suspension imposed under this section shall      3,111        

                                                          67     


                                                                 
remain in effect, unless reversed on appeal, until a final         3,112        

adjudicative order issued by the board pursuant to section         3,113        

4734.10 4734.31 and Chapter 119. of the Revised Code becomes       3,114        

effective.  The board shall issue its final adjudicative order     3,115        

within sixty days after completion of its hearing ADJUDICATION.    3,116        

A failure to issue the order within sixty days shall result in     3,118        

dissolution of the summary suspension order but shall not          3,119        

invalidate any subsequent, final adjudicative order.               3,120        

      Sec. 4734.11 4734.38.  If any person who has been granted a  3,129        

certificate LICENSE under Chapter 4734. of the Revised Code THIS   3,131        

CHAPTER is adjudicated incompetent for the purpose of holding the  3,134        

certificate, as provided in section 5122.301 of the Revised Code,               

his certificate ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR  3,136        

MENTALLY INCOMPETENT, THE PERSON'S LICENSE shall be automatically  3,137        

suspended until such THE person has filed with the STATE           3,139        

chiropractic examining board a certified copy of an adjudication   3,140        

by a probate court of his subsequent restoration BEING RESTORED    3,141        

to competency or has submitted to such THE board proof,            3,143        

satisfactory to the board, that he has OF HAVING been discharged   3,144        

as having a restoration BEING RESTORED to competency in the        3,145        

manner and form provided in section 5122.38 of the Revised Code.   3,146        

The judge of such THE court shall forthwith notify the board of    3,148        

an adjudication of MENTAL ILLNESS OR MENTAL incompetence, and      3,149        

shall note any suspension of a certificate in the margin of the    3,150        

court's record of such certificate.                                3,151        

      Sec. 4734.39.  (A)  FOR PURPOSES OF THIS SECTION, ANY        3,153        

INDIVIDUAL WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER, OR       3,155        

APPLIES FOR A LICENSE, SHALL BE DEEMED TO HAVE GIVEN CONSENT TO    3,156        

SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION WHEN DIRECTED TO DO SO  3,157        

IN WRITING BY THE STATE CHIROPRACTIC BOARD AND TO HAVE WAIVED ALL  3,158        

OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION        3,160        

REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION.                3,161        

      (B)  IN ENFORCING DIVISION (B)(16) OR (17) OF SECTION        3,164        

4734.31 OF THE REVISED CODE, THE BOARD, UPON A SHOWING OF A                     

                                                          68     


                                                                 
POSSIBLE VIOLATION, MAY COMPEL ANY INDIVIDUAL WHO HOLDS A LICENSE  3,165        

ISSUED UNDER THIS CHAPTER OR WHO HAS APPLIED FOR A LICENSE         3,166        

PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL OR PHYSICAL         3,168        

EXAMINATION, OR BOTH, AS REQUIRED BY AND AT THE EXPENSE OF THE     3,169        

BOARD.  FAILURE OF ANY INDIVIDUAL TO SUBMIT TO A MENTAL OR                      

PHYSICAL EXAMINATION WHEN DIRECTED CONSTITUTES AN ADMISSION OF     3,170        

THE ALLEGATIONS AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE   3,171        

TO CIRCUMSTANCES BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT    3,172        

AND FINAL ORDER MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR  3,173        

PRESENTATION OF EVIDENCE.  IF THE BOARD FINDS A CHIROPRACTOR       3,174        

UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION    3,175        

(B)(16) OR (17) OF SECTION 4734.31 OF THE REVISED CODE, THE BOARD  3,176        

SHALL REQUIRE THE CHIROPRACTOR TO SUBMIT TO CARE, COUNSELING, OR   3,178        

TREATMENT BY PHYSICIANS OR OTHER HEALTH CARE PROVIDERS APPROVED                 

OR DESIGNATED BY THE BOARD, AS A CONDITION FOR AN INITIAL,         3,180        

CONTINUED, REINSTATED, RESTORED, OR RENEWED LICENSE TO PRACTICE    3,181        

CHIROPRACTIC.  A CHIROPRACTOR AFFECTED BY THIS SECTION SHALL BE    3,182        

AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE BOARD THE ABILITY    3,183        

TO RESUME PRACTICING IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING  3,184        

STANDARDS OF CARE.                                                              

      Sec. 4734.40.  (A)  THE STATE CHIROPRACTIC BOARD MAY ADOPT   3,186        

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE          3,187        

ESTABLISHING STANDARDS FOR APPROVING TREATMENT PROVIDERS FOR       3,188        

IMPAIRED CHIROPRACTORS.  IF RULES ARE ADOPTED, THE RULES SHALL     3,189        

INCLUDE STANDARDS FOR BOTH INPATIENT AND OUTPATIENT TREATMENT.     3,190        

THE RULES SHALL PROVIDE THAT TO BE APPROVED, A TREATMENT PROVIDER  3,191        

MUST BE CAPABLE OF MAKING AN INITIAL EXAMINATION TO DETERMINE THE  3,192        

TYPE OF TREATMENT AN IMPAIRED CHIROPRACTOR REQUIRES AND MUST BE    3,194        

CAPABLE OF ADHERING TO GUIDELINES THE BOARD CONSIDERS APPROPRIATE  3,195        

FOR ASSESSMENT AND REFERRAL OF IMPAIRED CHIROPRACTORS.  THE BOARD  3,198        

SHALL REVIEW TREATMENT PROVIDERS ON A REGULAR BASIS AND DESIGNATE  3,199        

THOSE PROVIDERS THAT MEET THE STANDARDS FOR APPROVAL.  THE BOARD   3,200        

MAY DENY OR WITHDRAW ITS APPROVAL IF IT FINDS THAT THE TREATMENT   3,201        

PROVIDER BEING REVIEWED DOES NOT MEET OR NO LONGER MEETS THE       3,202        

                                                          69     


                                                                 
STANDARDS FOR APPROVAL.                                                         

      (B)  A CHIROPRACTOR WHO ENTERS INTO TREATMENT BY AN          3,206        

APPROVED TREATMENT PROVIDER SHALL BE DEEMED TO HAVE WAIVED ANY     3,207        

CONFIDENTIALITY REQUIREMENTS THAT WOULD OTHERWISE PREVENT THE      3,208        

TREATMENT PROVIDER FROM MAKING REPORTS REQUIRED UNDER THIS         3,209        

SECTION.                                                                        

      Sec. 4734.41.  (A)  AS USED IN THIS SECTION:                 3,211        

      (1)  "CHEMICAL DEPENDENCY" MEANS EITHER OF THE FOLLOWING:    3,213        

      (a)  THE CHRONIC AND HABITUAL USE OF ALCOHOLIC BEVERAGES TO  3,215        

THE EXTENT THAT THE USER NO LONGER CAN CONTROL THE USE OF ALCOHOL  3,217        

OR ENDANGERS THE USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF      3,218        

OTHERS;                                                                         

      (b)  THE USE OF A CONTROLLED SUBSTANCE AS DEFINED IN         3,220        

SECTION 3719.01 OF THE REVISED CODE, A HARMFUL INTOXICANT AS       3,221        

DEFINED IN SECTION 2925.01 OF THE REVISED CODE, OR A DANGEROUS     3,222        

DRUG AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE, TO THE     3,223        

EXTENT THAT THE USER BECOMES PHYSICALLY OR PSYCHOLOGICALLY                      

DEPENDENT ON THE SUBSTANCE, INTOXICANT, OR DRUG OR ENDANGERS THE   3,224        

USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF OTHERS.               3,225        

      (2)  "MENTAL ILLNESS" MEANS A RECOGNIZED PSYCHIATRIC OR      3,227        

PSYCHOLOGICAL CONDITION, DISORDER, OR SYNDROME THAT HAS BEEN       3,228        

DIAGNOSED BY A PSYCHIATRIST, PSYCHOLOGIST, PROFESSIONAL CLINICAL   3,229        

COUNSELOR, OR INDEPENDENT SOCIAL WORKER AS A CONDITION, DISORDER,  3,231        

OR SYNDROME THAT MAY POSE A DANGER TO THE PERSON DIAGNOSED OR      3,232        

OTHERS OR MAY PREVENT THE PERSON FROM PRACTICING THE PERSON'S      3,233        

PROFESSION ACCORDING TO ACCEPTABLE AND PREVAILING STANDARDS OF     3,234        

CARE.                                                                           

      (B)  THE STATE CHIROPRACTIC BOARD SHALL ESTABLISH A          3,236        

CHEMICAL DEPENDENCY AND MENTAL ILLNESS MONITORING PROGRAM.  THE    3,238        

PROGRAM SHALL BE MADE AVAILABLE TO ANY INDIVIDUAL UNDER THE        3,239        

BOARD'S JURISDICTION WHO HAS A CHEMICAL DEPENDENCY OR MENTAL       3,241        

ILLNESS AND MEETS THE BOARD'S ELIGIBILITY REQUIREMENTS FOR         3,243        

ADMISSION TO AND CONTINUED PARTICIPATION IN THE PROGRAM.  THE      3,244        

BOARD SHALL DEVELOP THE PROGRAM AND MAY DESIGNATE A COORDINATOR    3,245        

                                                          70     


                                                                 
TO ADMINISTER IT OR ENTER INTO A CONTRACT FOR THE PROGRAM TO BE    3,246        

ADMINISTERED BY ANOTHER ENTITY THROUGH A COORDINATOR.  THE BOARD   3,247        

SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED   3,248        

CODE THAT ESTABLISH STANDARDS AND PROCEDURE FOR OPERATING THE      3,249        

PROGRAM.                                                                        

      (C)  EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION,     3,252        

ALL RECORDS OF AN INDIVIDUAL'S PARTICIPATION IN THE MONITORING     3,253        

PROGRAM, INCLUDING MEDICAL RECORDS, CHEMICAL DEPENDENCY RECORDS,   3,254        

AND MENTAL HEALTH RECORDS, SHALL BE CONFIDENTIAL, ARE NOT PUBLIC   3,256        

RECORDS FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE,                 

AND ARE NOT SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS      3,257        

EVIDENCE IN ANY JUDICIAL PROCEEDING.  THE PROGRAM COORDINATOR      3,259        

SHALL MAINTAIN ALL RECORDS AS DIRECTED BY THE BOARD.               3,260        

      (D)  THE MONITORING PROGRAM'S COORDINATOR MAY DISCLOSE       3,262        

RECORDS OR INFORMATION REGARDING AN INDIVIDUAL'S PROGRESS AND      3,263        

STATUS OF PARTICIPATION IN THE PROGRAM TO THE DISCIPLINARY         3,266        

SECTION OF THE BOARD AND TO ANY PERSON OR GOVERNMENT ENTITY THAT   3,267        

THE PROGRAM PARTICIPANT AUTHORIZES IN WRITING TO BE GIVEN THE      3,268        

RECORDS OR INFORMATION.                                                         

      IN DISCLOSING RECORDS OR INFORMATION UNDER THIS DIVISION,    3,270        

THE COORDINATOR SHALL NOT INCLUDE ANY RECORD OR INFORMATION THAT   3,271        

IS PROTECTED UNDER SECTION 3793.13 OF THE REVISED CODE OR ANY      3,272        

FEDERAL STATUTE OR REGULATION THAT PROVIDES FOR THE                3,274        

CONFIDENTIALITY OF MENTAL HEALTH OR SUBSTANCE ABUSE RECORDS.       3,276        

      (E)  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE MONITORING    3,278        

PROGRAM'S COORDINATOR, THE BOARD AND THE BOARD'S EMPLOYEES AND     3,279        

REPRESENTATIVES ARE NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS  3,281        

A RESULT OF DISCLOSING RECORDS OR INFORMATION IN ACCORDANCE WITH   3,283        

DIVISION (D) OF THIS SECTION.  IN THE ABSENCE OF FRAUD OR BAD      3,284        

FAITH, ANY PERSON REPORTING TO THE PROGRAM AN INDIVIDUAL'S         3,285        

CHEMICAL DEPENDENCY OR MENTAL ILLNESS, OR THE PROGRESS OR LACK OF  3,287        

PROGRESS OF THAT INDIVIDUAL WITH REGARD TO TREATMENT, IS NOT       3,288        

LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS A RESULT OF THE REPORT.  3,290        

      (F)  THE BOARD MAY ABSTAIN FROM TAKING FORMAL DISCIPLINARY   3,292        

                                                          71     


                                                                 
ACTION UNDER SECTION 4734.31 OF THE REVISED CODE AGAINST AN        3,293        

INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S CHEMICAL DEPENDENCY OR      3,294        

MENTAL ILLNESS, IF THE INDIVIDUAL MEETS THE ELIGIBILITY            3,295        

REQUIREMENTS FOR ADMISSION INTO THE MONITORING PROGRAM AND ALL OF  3,296        

THE FOLLOWING OCCUR:                                               3,297        

      (1)  THE INDIVIDUAL ENTERS INTO A MONITORING AGREEMENT WITH  3,299        

THE COORDINATOR OF THE PROGRAM;                                    3,300        

      (2)  THE INDIVIDUAL COMPLIES WITH THE TERMS AND CONDITIONS   3,302        

FOR CONTINUED PARTICIPATION IN THE PROGRAM, AS SPECIFIED IN THE    3,303        

MONITORING AGREEMENT;                                              3,304        

      (3)  THE INDIVIDUAL SUCCESSFULLY COMPLETES THE TERMS AND     3,306        

CONDITIONS OF THE MONITORING AGREEMENT, INCLUDING THE CONDITION    3,307        

THAT THE INDIVIDUAL ATTAIN THE ABILITY TO PRACTICE IN ACCORDANCE   3,308        

WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE APPLICABLE TO     3,309        

THE PRACTICE OF CHIROPRACTIC.                                      3,310        

      Sec. 4734.42.  PURSUANT TO THE STATE CHIROPRACTIC BOARD'S    3,312        

INVESTIGATIVE AUTHORITY ESTABLISHED UNDER THIS CHAPTER, THE BOARD  3,313        

MAY DEVELOP AND IMPLEMENT A QUALITY INTERVENTION PROGRAM DESIGNED  3,314        

TO IMPROVE THE PRACTICE AND COMMUNICATION SKILLS OF                3,315        

CHIROPRACTORS.  THE BOARD MAY ADOPT RULES IN ACCORDANCE WITH       3,316        

CHAPTER 119. OF THE REVISED CODE ESTABLISHING STANDARDS AND                     

PROCEDURES FOR IMPLEMENTING THE QUALITY INTERVENTION PROGRAM.      3,317        

      Sec. 4734.14 4734.45.  If any person makes an accusation     3,326        

against any licensee under this section, it shall be reduced to    3,328        

writing, verified by some person familiar with the facts and       3,329        

three copies filed with the secretary of the (A)  THE STATE        3,330        

chiropractic examining board.  If the board considers the charges  3,331        

made are sufficient, if true, to warrant suspension or revocation  3,332        

of license, it shall proceed with an adjudication hearing under    3,333        

the procedures of Chapter 119. SHALL INVESTIGATE EVIDENCE THAT     3,334        

APPEARS TO SHOW THAT A PERSON HAS VIOLATED ANY PROVISION OF THIS   3,335        

CHAPTER OR THE RULES ADOPTED UNDER IT.  ANY PERSON MAY REPORT TO   3,336        

THE BOARD IN WRITING OR BY OTHER MEANS ANY INFORMATION THE PERSON  3,338        

HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF THIS      3,339        

                                                          72     


                                                                 
CHAPTER OR THE RULES ADOPTED UNDER IT.  IN THE ABSENCE OF BAD                   

FAITH, A PERSON WHO REPORTS TO THE BOARD, COOPERATES IN AN         3,341        

INVESTIGATION, OR TESTIFIES BEFORE THE BOARD IN AN ADJUDICATION    3,343        

SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A RESULT OF REPORTING,    3,344        

COOPERATING, OR PROVIDING TESTIMONY.                                            

      (B)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        3,346        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  3,347        

CIVIL ACTION, EXCEPT THAT FOR GOOD CAUSE, THE BOARD OR ITS         3,348        

EXECUTIVE DIRECTOR MAY DISCLOSE OR AUTHORIZE DISCLOSURE OF         3,349        

INFORMATION GATHERED PURSUANT TO AN INVESTIGATION.                 3,350        

      THE BOARD AND ITS EMPLOYEES MAY SHARE APPROPRIATE            3,353        

INFORMATION IN THE BOARD'S POSSESSION WITH ANY FEDERAL, STATE, OR  3,354        

LOCAL LAW ENFORCEMENT, PROSECUTORIAL, OR REGULATORY AGENCY OR ITS  3,355        

OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION.  THE BOARD AND    3,357        

ITS EMPLOYEES MAY COOPERATE IN ANY OTHER MANNER WITH THE AGENCY    3,358        

OR ITS OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION.                         

      AN AGENCY THAT RECEIVES CONFIDENTIAL INFORMATION SHALL       3,360        

COMPLY WITH THE SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS     3,361        

THOSE WITH WHICH THE BOARD MUST COMPLY, NOTWITHSTANDING ANY        3,362        

CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE      3,363        

AGENCY THAT APPLIES WHEN THE AGENCY IS DEALING WITH OTHER          3,364        

INFORMATION IN ITS POSSESSION.  THE INFORMATION MAY BE ADMITTED    3,365        

INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF  3,366        

EVIDENCE, OR IN AN ADMINISTRATIVE HEARING CONDUCTED BY AN AGENCY,  3,367        

BUT THE COURT OR AGENCY SHALL REQUIRE THAT APPROPRIATE MEASURES    3,368        

BE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED WITH         3,369        

RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES OR      3,370        

OTHER IDENTIFYING INFORMATION ABOUT PATIENTS, COMPLAINANTS, OR     3,371        

OTHERS WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE                         

CHIROPRACTIC BOARD WHEN THE INFORMATION WAS IN THE BOARD'S         3,373        

POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY THAT MAY BE TAKEN  3,374        

BY THE COURT OR AGENCY INCLUDE SEALING ITS RECORDS OR REDACTING    3,375        

SPECIFIC INFORMATION FROM ITS RECORDS.                             3,376        

      (C)  ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE   3,378        

                                                          73     


                                                                 
CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 of   3,380        

the Revised Code.                                                               

      Sec. 4734.13 4734.46.  Any investigation, inquiry, or        3,389        

hearing, which THE FOLLOWING APPLY TO THE INVESTIGATIONS,          3,391        

INQUIRIES, AND HEARINGS THAT the STATE chiropractic examining      3,394        

board is empowered to hold or undertake:                                        

      (A)  AN INVESTIGATION, INQUIRY, OR HEARING may be held or    3,396        

undertaken by or before any member of the board, and the finding.  3,398        

A MEMBER WHO ASSISTS IN THE INVESTIGATION OF A CASE SHALL NOT      3,400        

PARTICIPATE IN FURTHER ADJUDICATION OF THE CASE, UNLESS THE                     

MEMBER'S RECUSAL WOULD DEPRIVE THE BOARD OF A QUORUM, IN WHICH     3,401        

CASE THE MEMBER MAY PARTICIPATE.                                   3,402        

      (B)  THE BOARD MAY APPOINT AN EXAMINER WHO IS AN ATTORNEY    3,404        

TO CONDUCT AN INVESTIGATION, INQUIRY, OR HEARING.  THE FINDINGS    3,408        

or order of such THE HEARING EXAMINER OR A member WHO HOLDS OR     3,409        

UNDERTAKES AN INVESTIGATION, INQUIRY, OR HEARING shall be deemed   3,410        

to be the FINDINGS OR order of the board when approved and         3,411        

confirmed by it.                                                   3,412        

      (C)  WITH RESPECT TO A HEARING CONDUCTED PURSUANT TO         3,415        

CHAPTER 119. OF THE REVISED CODE, THE BOARD MAY ADOPT STANDARDS    3,416        

OF CONDUCT FOR THE ATTORNEYS AND OTHER PERSONS WHO PRACTICE        3,417        

BEFORE IT.                                                                      

      (D)  FOLLOWING AN INQUIRY, THE BOARD MAY, IN CASES IT        3,420        

CONSIDERS APPROPRIATE, ISSUE A "LETTER OF ADMONITION" OR A         3,421        

"LETTER OF CAUTION."  ISSUANCE OF A LETTER UNDER THIS DIVISION IS  3,423        

NOT AN ACTION TAKEN IN ADDITION TO OR IN LIEU OF TAKING ACTION     3,424        

UNDER SECTION 4734.31 OF THE REVISED CODE AND IS NOT SUBJECT TO    3,425        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE.  THE       3,426        

LETTER SHALL NOT BE USED BY AN EMPLOYER, INSURER, OR ANY OTHER     3,427        

PERSON OR GOVERNMENT ENTITY AS THE BASIS OF AN ADVERSE ACTION      3,428        

AGAINST THE RECIPIENT.                                                          

      Sec. 4734.15 4734.47.  (A)  The secretary EXECUTIVE          3,438        

DIRECTOR of the STATE chiropractic examining board shall FUNCTION  3,440        

AS THE CHIEF ENFORCEMENT OFFICER OF THE BOARD AND SHALL enforce    3,441        

                                                          74     


                                                                 
the laws relating to the practice of chiropractic.  If he THE      3,442        

EXECUTIVE DIRECTOR has knowledge or notice of a violation OF       3,444        

THOSE LAWS, he THE EXECUTIVE DIRECTOR shall investigate the        3,446        

matter, and, upon OR CAUSE THE MATTER TO BE INVESTIGATED.  ON      3,447        

probable cause appearing, THE EXECUTIVE DIRECTOR SHALL PROSECUTE   3,449        

THE OFFENDER OR CAUSE THE OFFENDER TO BE PROSECUTED.  IF THE       3,450        

MATTER INVOLVES A VIOLATION BY AN INDIVIDUAL LICENSED UNDER THIS   3,451        

CHAPTER, THE EXECUTIVE DIRECTOR SHALL BRING THE MATTER BEFORE THE  3,452        

BOARD.  IF THE MATTER INVOLVES A VIOLATION FOR WHICH A PENALTY     3,453        

MAY BE IMPOSED UNDER SECTION 4734.99 OF THE REVISED CODE, THE      3,454        

EXECUTIVE DIRECTOR OR A PERSON AUTHORIZED BY THE BOARD TO                       

REPRESENT THE EXECUTIVE DIRECTOR MAY file a complaint and          3,455        

prosecute the offender.  When requested by the secretary, WITH     3,457        

the prosecuting attorney of the proper county.  EXCEPT AS          3,458        

PROVIDED IN DIVISION (B) OF THIS SECTION, THE PROSECUTING          3,459        

ATTORNEY shall take charge of and conduct such THE prosecution.    3,460        

      (B)  FOR PURPOSES OF ENFORCING THIS CHAPTER, THE BOARD MAY   3,463        

PETITION A COURT OF RECORD TO APPOINT AN ATTORNEY TO ASSIST THE    3,465        

PROSECUTING ATTORNEY IN THE PROSECUTION OF OFFENDERS OR TO TAKE    3,466        

CHARGE OF AND CONDUCT THE PROSECUTIONS AS A SPECIAL PROSECUTOR.    3,467        

THE COURT SHALL GRANT THE PETITION IF IT IS IN THE PUBLIC          3,468        

INTEREST.  A SPECIAL PROSECUTOR APPOINTED BY THE COURT SHALL BE    3,469        

COMPENSATED BY THE BOARD IN AN AMOUNT APPROVED BY THE BOARD.       3,470        

      IF THE COURT BELIEVES THAT PUBLIC KNOWLEDGE OF THE           3,472        

APPOINTMENT OF A SPECIAL PROSECUTOR COULD ALLOW ONE OR MORE        3,473        

PERSONS TO INTERFERE WITH THE PROSECUTION OR ANY INVESTIGATION     3,474        

RELATED TO THE PROSECUTION, THE COURT MAY SEAL ALL DOCUMENTS       3,475        

PERTAINING TO THE APPOINTMENT.  SEALED DOCUMENTS SHALL REMAIN      3,476        

SEALED UNTIL THERE IS COURT ACTION ON THE PROSECUTION OR UNTIL     3,477        

THE COURT ORDERS THE DOCUMENTS TO BE OPENED.                       3,478        

      Sec. 4734.48.  (A)  FOR PURPOSES OF ENFORCING THIS CHAPTER,  3,480        

THE STATE CHIROPRACTIC BOARD OR ANY OF ITS MEMBERS, THE BOARD'S    3,483        

EXECUTIVE DIRECTOR, AND ANY PERSON AUTHORIZED BY THE BOARD TO      3,484        

SERVE AS THE EXECUTIVE DIRECTOR'S REPRESENTATIVE MAY DO ANY OF     3,485        

                                                          75     


                                                                 
THE FOLLOWING:                                                                  

      (1)  SERVE AND EXECUTE ANY PROCESS ISSUED BY ANY COURT       3,487        

REGARDING THE PRACTICE OF CHIROPRACTIC AND SERVE AND EXECUTE ANY   3,488        

PAPERS OR PROCESS ISSUED BY THE BOARD OR ANY OFFICER OR MEMBER OF  3,490        

THE BOARD.                                                                      

      (2)  ADMINISTER OATHS, PROPOUND INTERROGATORIES, ORDER THE   3,492        

TAKING OF DEPOSITIONS, COMPEL BY SUBPOENA THAT WITNESSES APPEAR    3,494        

AND TESTIFY, AND COMPEL BY SUBPOENA DUCES TECUM THE PRODUCTION OF  3,496        

BOOKS, ACCOUNTS, PAPERS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE                  

OBJECTS.  IF A PERSON FAILS TO COOPERATE IN AN INTERROGATORY OR    3,497        

DEPOSITION OR FAILS TO COMPLY WITH A SUBPOENA OR SUBPOENA DUCES    3,499        

TECUM, THE BOARD MAY APPLY TO THE COURT OF COMMON PLEAS OF         3,500        

FRANKLIN COUNTY FOR AN ORDER COMPELLING THE PERSON TO COOPERATE    3,501        

IN THE INTERROGATORY OR DEPOSITION OR TO COMPLY WITH THE SUBPOENA  3,502        

OR SUBPOENA DUCES TECUM OR, FOR FAILURE TO DO SO, BE HELD IN       3,503        

CONTEMPT OF COURT.  THE BOARD SHALL ADOPT RULES IN ACCORDANCE      3,504        

WITH CHAPTER 119. OF THE REVISED CODE ESTABLISHING PROCEDURES TO                

BE FOLLOWED IN TAKING THE ACTIONS AUTHORIZED UNDER DIVISION        3,505        

(A)(2) OF THIS SECTION, INCLUDING PROCEDURES REGARDING PAYMENT     3,506        

FOR AND SERVICE OF SUBPOENAS.                                      3,507        

      (3)  ENTER THE CLINIC, OFFICE, PREMISES, ESTABLISHMENT, OR   3,510        

PLACE OF BUSINESS OF ANY CHIROPRACTOR OR ANY CLINIC, OFFICE,       3,511        

PREMISES, ESTABLISHMENT, OR PLACE OF BUSINESS WHERE THE PRACTICE   3,512        

OF CHIROPRACTIC IS CARRIED ON OR WHERE THE BILLING FOR             3,513        

CHIROPRACTIC SERVICES TAKES PLACE.  ENTRANCE MAY OCCUR DURING      3,514        

REGULAR BUSINESS HOURS OR AT ANY OTHER REASONABLE TIME.  IF ENTRY  3,515        

OR ANY SUBSEQUENT INSPECTION IS REFUSED, THWARTED, OR HINDERED IN  3,516        

ANY OTHER MANNER OR THE CIRCUMSTANCES OF THE CASE OTHERWISE MAKE   3,517        

IT APPROPRIATE, THE BOARD, EXECUTIVE DIRECTOR, OR AUTHORIZED       3,518        

REPRESENTATIVE MAY BY AFFIDAVIT APPLY FOR, AND ANY JUDGE OF A      3,520        

COURT OF RECORD MAY ISSUE FOR USE WITHIN THE COURT'S TERRITORIAL   3,521        

JURISDICTION, AN ADMINISTRATIVE INSPECTION WARRANT UNDER DIVISION  3,522        

(F) OF SECTION 2933.21 OF THE REVISED CODE OR OTHER APPROPRIATE    3,523        

SEARCH WARRANT.                                                                 

                                                          76     


                                                                 
      (4)  FILE WITH A JUDGE OR CLERK OF A COURT OF RECORD, OR     3,525        

WITH A MAGISTRATE, AN AFFIDAVIT CHARGING A PERSON WITH COMMITTING  3,526        

A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE RULES ADOPTED  3,527        

UNDER IT.  FOR PURPOSES OF THIS DIVISION, THE PERSON FILING THE    3,528        

AFFIDAVIT IS A PEACE OFFICER WHO IS AUTHORIZED TO FILE AN          3,529        

AFFIDAVIT UNDER SECTION 2935.09 OF THE REVISED CODE.               3,531        

      (5)  APPLY FOR ACCESS TO THE COMPUTERIZED DATABASES          3,533        

ADMINISTERED BY THE NATIONAL CRIME INFORMATION CENTER AND THE LAW  3,535        

ENFORCEMENT AUTOMATED DATA SYSTEM OPERATED PURSUANT TO SECTION     3,536        

5503.10 OF THE REVISED CODE, AS WELL AS OTHER COMPUTERIZED         3,537        

DATABASES ADMINISTERED FOR THE PURPOSE OF MAKING CRIMINAL JUSTICE  3,538        

INFORMATION ACCESSIBLE TO STATE AGENCIES.  THE BOARD AND THE       3,539        

OFFICE OF THE EXECUTIVE DIRECTOR ARE HEREBY DESIGNATED TO BE       3,540        

CRIMINAL JUSTICE AGENCIES FOR PURPOSES OF ANY STATE OR FEDERAL     3,541        

LAW REQUIRING, AS A CONDITION OF BEING AUTHORIZED TO APPLY FOR     3,542        

ACCESS TO SUCH DATABASES, THAT AN ENTITY BE RECOGNIZED AS A        3,543        

CRIMINAL JUSTICE AGENCY.                                                        

      (B)  ANY PROCESS, PAPER, OR OTHER DOCUMENT SERVED UNDER      3,546        

THIS CHAPTER BY THE BOARD, A BOARD MEMBER, THE EXECUTIVE                        

DIRECTOR, OR AN AUTHORIZED REPRESENTATIVE OF THE EXECUTIVE         3,547        

DIRECTOR MAY BE SERVED BY PERSONAL SERVICE, RESIDENCE SERVICE, OR  3,549        

CERTIFIED MAIL.  SERVICE MAY BE MADE AT THE INTENDED RECIPIENT'S   3,550        

USUAL PLACE OF BUSINESS.                                                        

      IF ATTEMPTS AT SERVICE BY PERSONAL SERVICE, RESIDENCE        3,552        

SERVICE, OR CERTIFIED MAIL ARE UNSUCCESSFUL, SERVICE MAY BE MADE   3,553        

AS FOLLOWS:                                                        3,554        

      (1)  BY ORDINARY MAIL.  IF THE PROCESS, PAPER, OR OTHER      3,556        

DOCUMENT THAT IS MAILED IS NOT RETURNED BY THE UNITED STATES       3,558        

POSTAL SERVICE, SERVICE ON THE INTENDED RECIPIENT IS DEEMED TO     3,559        

HAVE OCCURRED ON THE TENTH DAY AFTER THE MAILING.                               

      (2)  BY PUBLICATION OF A NOTICE IN ANY NEWSPAPER OF GENERAL  3,561        

CIRCULATION IN THE COUNTY IN WHICH THE INTENDED RECIPIENT'S LAST   3,562        

KNOWN RESIDENTIAL OR BUSINESS ADDRESS IS LOCATED.                  3,563        

      Sec. 4734.49.  (A)  THE ATTORNEY GENERAL, THE PROSECUTING    3,566        

                                                          77     


                                                                 
ATTORNEY OF THE COUNTY IN WHICH A VIOLATION OF THIS CHAPTER IS     3,567        

COMMITTED OR IS THREATENED TO BE COMMITTED OR IN WHICH THE         3,569        

OFFENDER RESIDES, THE STATE CHIROPRACTIC BOARD, OR ANY OTHER                    

PERSON HAVING KNOWLEDGE OF A PERSON COMMITTING OR THREATENING TO   3,571        

COMMIT A VIOLATION OF THIS CHAPTER MAY, IN ACCORDANCE WITH THE     3,572        

PROVISIONS OF THE REVISED CODE GOVERNING INJUNCTIONS, MAINTAIN AN  3,573        

ACTION IN THE NAME OF THIS STATE TO ENJOIN THE PERSON FROM         3,574        

COMMITTING THE VIOLATION BY APPLYING FOR AN INJUNCTION IN ANY      3,575        

COURT OF COMPETENT JURISDICTION.  UPON THE FILING OF A VERIFIED    3,577        

PETITION IN COURT, THE COURT SHALL CONDUCT A HEARING ON THE        3,578        

PETITION AND SHALL GIVE THE SAME PREFERENCE TO THIS PROCEEDING AS  3,579        

IS GIVEN ALL PROCEEDINGS UNDER CHAPTER 119. OF THE REVISED CODE,   3,581        

IRRESPECTIVE OF THE POSITION OF THE PROCEEDING ON THE CALENDAR OF  3,582        

THE COURT.  IF AN INJUNCTION IS GRANTED, THE COURT MAY AWARD TO    3,583        

THE PERSON OR ENTITY THAT MAINTAINED THE ACTION AMOUNTS TO COVER   3,584        

REASONABLE ATTORNEY'S FEES, INVESTIGATIVE COSTS, AND OTHER COSTS   3,585        

RELATED TO THE INVESTIGATION OR PROSECUTION OF THE CASE.           3,586        

INJUNCTION PROCEEDINGS BROUGHT UNDER THIS SECTION SHALL BE IN      3,587        

ADDITION TO, AND NOT IN LIEU OF, ALL PENALTIES AND OTHER REMEDIES  3,589        

PROVIDED IN THIS CHAPTER.                                          3,590        

      (B)  THE PRACTICE OF CHIROPRACTIC BY ANY PERSON NOT AT THAT  3,593        

TIME HOLDING A VALID AND CURRENT LICENSE ISSUED UNDER THIS         3,597        

CHAPTER IS HEREBY DECLARED TO BE INIMICAL TO THE PUBLIC WELFARE    3,599        

AND TO CONSTITUTE A PUBLIC NUISANCE.                                            

      Sec. 4734.50.  THIS CHAPTER DOES NOT REQUIRE THE STATE       3,601        

CHIROPRACTIC BOARD TO ACT ON MINOR VIOLATIONS OF THIS CHAPTER OR   3,603        

THE RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY                  

INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES   3,604        

THAT THE PUBLIC INTEREST IS ADEQUATELY SERVED BY ISSUING A NOTICE  3,605        

OR WARNING TO THE ALLEGED OFFENDER.                                3,606        

      Sec. 4734.16 4734.53.  All fines collected for violation of  3,615        

section 4734.17 4734.14 OR 4734.161 of the Revised Code, shall be  3,617        

distributed as follows:  one half to the STATE chiropractic        3,618        

examining board for deposit into the state treasury to the credit  3,619        

                                                          78     


                                                                 
of the occupational licensing and regulatory fund, IN ACCORDANCE   3,621        

WITH SECTION 4734.54 OF THE REVISED CODE and one half to the       3,623        

treasury of the county or municipal corporation in which the       3,624        

offense was committed.                                                          

      Sec. 4734.18 4734.54.  All moneys received by the STATE      3,633        

chiropractic examining board shall be paid into the state          3,636        

treasury and credited to the occupational licensing and                         

regulatory fund.  MONEYS CREDITED TO THE FUND THAT ARE THE RESULT  3,638        

OF FINES COLLECTED UNDER SECTION 4734.53, FINES COLLECTED UNDER    3,639        

SECTION 4734.31, AMOUNTS COLLECTED UNDER SECTION 4734.33, AND      3,640        

AMOUNTS AWARDED UNDER SECTION 4734.49 OF THE REVISED CODE SHALL    3,641        

BE USED SOLELY FOR PURPOSES RELATED TO THE BOARD'S ENFORCEMENT OF  3,642        

THIS CHAPTER.  MONEYS CREDITED TO THE FUND THAT ARE THE RESULT OF  3,643        

ANY FEE CHARGED UNDER SECTION 4734.21 OF THE REVISED CODE SHALL                 

BE USED SOLELY FOR PURPOSES RELATED TO IMPLEMENTING THAT SECTION.  3,644        

      Sec. 4734.21 4734.55.  The STATE chiropractic examining      3,654        

board shall provide a duplicate license to a license holder on     3,656        

payment of a fee of ninety FORTY-FIVE dollars.                     3,657        

      Upon written request and the payment of a fee of one         3,659        

hundred seventy-five NINETY-FIVE dollars, the board shall provide  3,660        

to any person a list of persons holding licenses to practice       3,663        

chiropractic, AS INDICATED IN ITS REGISTER MAINTAINED PURSUANT TO  3,664        

SECTION 4734.04 OF THE REVISED CODE.                               3,665        

      The board shall maintain separate lists of the applicants    3,667        

taking each examination conducted under section 4734.05 of the     3,668        

Revised Code and of those who passed each examination.  Upon       3,669        

written request and the payment of a fee of twenty-five dollars,   3,670        

the board shall provide to any person a copy of the list of        3,671        

applicants taking an examination or the list of those who passed   3,672        

the examination.                                                   3,673        

      Upon written request from the licensee and the payment of a  3,676        

fee of twenty dollars, the board shall issue certification of      3,677        

licensure information to the person identified by the licensee.    3,678        

      Sec. 4734.20 4734.56.  The STATE chiropractic examining      3,688        

                                                          79     


                                                                 
board, subject to the approval of the controlling board, may       3,690        

establish fees in excess of the amounts provided by sections       3,691        

4734.01 to 4734.99 of the Revised Code SPECIFIED IN THIS CHAPTER,  3,692        

provided that such fees do not exceed the amounts permitted by     3,694        

those sections SPECIFIED by more than fifty per cent.              3,695        

      Sec. 4734.99.  (A)  Whoever violates section 4734.17         3,704        

4734.14 of the Revised Code is guilty of a misdemeanor FELONY of   3,706        

the second FIFTH degree on a first offense and a felony of the     3,708        

fifth degree on, UNLESS THE OFFENDER PREVIOUSLY HAS BEEN           3,709        

CONVICTED OF OR HAS PLEADED GUILTY TO A VIOLATION OF SECTION       3,710        

2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.40,     3,711        

2913.47, 2913.48, 2913.51, 2921.13, 4715.09, 4723.03, 4725.02,     3,712        

4725.41, 4729.27, 4729.28, 4729.36, 4729.51, 4729.61, 4730.02,     3,713        

4731.41, 4731.43, 4731.46, 4731.47, 4731.60, 4732.21, 4741.18,     3,714        

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      3,715        

THIS STATE, ANOTHER STATE, OR THE UNITED STATES THAT IS OR WAS     3,716        

SUBSTANTIALLY EQUIVALENT TO A VIOLATION OF ANY OF THOSE SECTIONS,  3,717        

IN WHICH CASE THE OFFENDER IS GUILTY OF A FELONY OF THE FOURTH     3,719        

DEGREE.  FOR each subsequent offense, THE OFFENDER IS GUILTY OF A  3,721        

FELONY OF THE FOURTH DEGREE.                                                    

      (B)  Whoever violates section 4734.23 4734.161 of the        3,723        

Revised Code is guilty of a misdemeanor of the first degree.       3,725        

      (C)  WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF      3,728        

SECTION 4734.32 OF THE REVISED CODE IS GUILTY OF A MINOR           3,729        

MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE     3,730        

PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT     3,731        

THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE     3,732        

SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE          3,733        

THOUSAND DOLLARS FOR EACH OFFENSE.                                 3,734        

      Sec. 4755.65.  (A)  Nothing in sections 4755.61 to 4755.64   3,743        

of the Revised Code shall be construed to prevent or restrict the  3,744        

practice, services, or activities of any person who:               3,745        

      (1)  Is an individual authorized under Chapter 4731. of the  3,748        

                                                          80     


                                                                 
Revised Code to practice medicine and surgery, osteopathic         3,750        

medicine and surgery, or podiatry, a dentist licensed under        3,751        

Chapter 4715. of the Revised Code, a chiropractor licensed under   3,753        

Chapter 4734. of the Revised Code, a dietitian licensed under      3,754        

Chapter 4759. of the Revised Code, or a qualified member of any    3,755        

other occupation or profession practicing within the scope of the  3,757        

person's license or profession and who does not claim to the                    

public to be an athletic trainer;                                  3,758        

      (2)  Is employed as an athletic trainer by an agency of the  3,760        

United States government and provides athletic training solely     3,761        

under the direction or control of the agency by which the person   3,763        

is employed;                                                       3,764        

      (3)  Is a student in a board-approved athletic training      3,766        

education program leading to a baccalaureate or higher degree      3,767        

from an accredited college or university and is performing duties  3,768        

that are a part of a supervised course of study;                   3,769        

      (4)  Is a nonresident of this state practicing or offering   3,771        

to practice athletic training, if the nonresident offers athletic  3,772        

training services for not more than ninety calendar days per year  3,773        

or, with board approval, for more than ninety but not more than    3,774        

one hundred eighty calendar days per year and meets either of the  3,775        

following requirements:                                                         

      (a)  The nonresident qualifies for licensure under section   3,777        

4755.62 of the Revised Code, except for passage of the             3,778        

examination required under division (C)(7) of that section;        3,779        

      (b)  The nonresident holds a valid license issued by a       3,781        

state that has licensure requirements considered by the athletic   3,782        

trainers section of the Ohio occupational therapy, physical        3,783        

therapy, and athletic trainers board to be comparable to those of  3,784        

this state.                                                        3,785        

      (5)  Provides athletic training only to relatives or in      3,787        

medical emergencies;                                               3,788        

      (6)  Provides gratuitous care to friends or members of the   3,791        

person's family;                                                                

                                                          81     


                                                                 
      (7)  Provides only self-care.                                3,793        

      (B)  Nothing in this chapter shall be construed to prevent   3,795        

any person licensed under Chapter 4723. of the Revised Code and    3,796        

whose license is in good standing, any person authorized under     3,797        

Chapter 4731. of the Revised Code to practice medicine and         3,799        

surgery or osteopathic medicine and surgery and whose certificate  3,800        

to practice is in good standing, any person authorized under       3,801        

Chapter 4731. of the Revised Code to practice podiatry and whose   3,802        

certificate to practice is in good standing, any person licensed   3,803        

and registered under Chapter 4734. of the Revised Code to          3,804        

practice chiropractic and whose license is in good standing, any   3,805        

person licensed as a dietitian under Chapter 4759. of the Revised  3,806        

Code to practice dietetics and whose license is in good standing,  3,807        

any person licensed as a physical therapist under this chapter to  3,808        

practice physical therapy and whose license is in good standing,   3,809        

or any association, corporation, or partnership from advertising,  3,810        

describing, or offering to provide athletic training, or billing   3,811        

for athletic training if the athletic training services are        3,812        

provided by a person licensed under this chapter and practicing    3,813        

within the scope of the person's license, by a person licensed     3,815        

under Chapter 4723. of the Revised Code and practicing within the  3,816        

scope of the person's license, by a person authorized under        3,818        

Chapter 4731. of the Revised Code to practice podiatry, by a       3,819        

person authorized under Chapter 4731. of the Revised Code to       3,820        

practice medicine and surgery or osteopathic medicine and          3,821        

surgery, by a person licensed under Chapter 4734. of the Revised   3,822        

Code to practice chiropractic, or by a person licensed under       3,823        

Chapter 4759. of the Revised Code to practice dietetics.           3,824        

      (C)  Nothing in this chapter shall be construed as           3,826        

authorizing a licensed athletic trainer to practice medicine and   3,827        

surgery, osteopathic medicine and surgery, podiatry, or            3,828        

chiropractic.                                                      3,829        

      Sec. 5903.12.  (A)  As used in this section:                 3,838        

      (1)  "Continuing education" means continuing education       3,840        

                                                          82     


                                                                 
required of a licensee by law and includes, but is not limited     3,841        

to, the continuing education required of licensees under sections  3,842        

3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,   3,843        

4725.16, 4725.51, 4731.281, 4734.25, 4735.141, 4736.11, 4741.16,   3,845        

4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and 4763.07  3,847        

of the Revised Code.                                                            

      (2)  "License" means a license, certificate, permit, or      3,849        

other authorization issued or conferred by a licensing agency      3,850        

under which a licensee may engage in a profession, occupation, or  3,851        

occupational activity.                                             3,852        

      (3)  "Licensee" means a person to whom all of the following  3,854        

apply:                                                             3,855        

      (a)  The person has been issued a license by a licensing     3,857        

agency.                                                            3,858        

      (b)  The person is a member of the Ohio national guard, the  3,860        

Ohio military reserve, the Ohio naval militia, or a reserve        3,861        

component of the armed forces of the United States.                3,862        

      (c)  The person has been called to active duty, whether      3,864        

inside or outside the United States, because of an executive       3,866        

order issued by the president of the United States or an act of    3,867        

congress, for a period in excess of thirty-one days.               3,868        

      (4)  "Licensing agency" means any state department,          3,870        

division, board, commission, agency, or other state governmental   3,871        

unit authorized by the Revised Code to issue a license.            3,872        

      (5)  "Reporting period" means the period of time during      3,874        

which a licensee must complete the number of hours of continuing   3,875        

education required of the licensee by law.                         3,876        

      (B)  Each licensing agency, upon receiving an application    3,878        

from one of its licensees that is accompanied by proper            3,879        

documentation certifying that the licensee has been called to      3,880        

active duty as described in division (A)(3)(c) of this section     3,882        

during the current or a prior reporting period and certifying the  3,883        

length of that active duty, shall extend the current reporting     3,884        

period by an amount of time equal to the total number of months    3,885        

                                                          83     


                                                                 
that the licensee spent on active duty during the current          3,886        

reporting period.  For purposes of this division, any portion of   3,887        

a month served on active duty shall be considered one full month.  3,888        

      Section 2.  That existing sections 119.06, 119.12, 121.22,   3,890        

125.22, 2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 3729.40,     3,892        

4734.01, 4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07,     3,893        

4734.08, 4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12,   3,894        

4734.13, 4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19,     3,895        

4734.20, 4734.21, 4734.22, 4734.23, 4734.99, 4755.65, and 5903.12  3,897        

of the Revised Code are hereby repealed.                                        

      Section 3.  That the version of section 121.22 of the        3,899        

Revised Code that is scheduled to take effect December 24, 2000,   3,900        

be amended to read as follows:                                                  

      Sec. 121.22.  (A)  This section shall be liberally           3,909        

construed to require public officials to take official action and  3,910        

to conduct all deliberations upon official business only in open   3,911        

meetings unless the subject matter is specifically excepted by     3,912        

law.                                                               3,913        

      (B)  As used in this section:                                3,915        

      (1)  "Public body" means any of the following:               3,917        

      (a)  Any board, commission, committee, council, or similar   3,919        

decision-making body of a state agency, institution, or            3,920        

authority, and any legislative authority or board, commission,     3,921        

committee, council, agency, authority, or similar decision-making  3,923        

body of any county, township, municipal corporation, school        3,924        

district, or other political subdivision or local public           3,925        

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    3,927        

division (B)(1)(a) of this section;                                3,928        

      (c)  A court of jurisdiction of a sanitary district          3,930        

organized wholly for the purpose of providing a water supply for   3,931        

domestic, municipal, and public use when meeting for the purpose   3,933        

of the appointment, removal, or reappointment of a member of the   3,934        

board of directors of such a district pursuant to section 6115.10               

                                                          84     


                                                                 
of the Revised Code, if applicable, or for any other matter        3,935        

related to such a district other than litigation involving the     3,936        

district.  As used in division (B)(1)(c) of this section, "court   3,937        

of jurisdiction" has the same meaning as "court" in section        3,938        

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       3,940        

public business of the public body by a majority of its members.   3,941        

      (3)  "Regulated individual" means either of the following:   3,943        

      (a)  A student in a state or local public educational        3,945        

institution;                                                       3,946        

      (b)  A person who is, voluntarily or involuntarily, an       3,948        

inmate, patient, or resident of a state or local institution       3,949        

because of criminal behavior, mental illness or retardation,       3,950        

disease, disability, age, or other condition requiring custodial   3,951        

care.                                                              3,952        

      (C)  All meetings of any public body are declared to be      3,954        

public meetings open to the public at all times.  A member of a    3,955        

public body shall be present in person at a meeting open to the    3,957        

public to be considered present or to vote at the meeting and for  3,958        

purposes of determining whether a quorum is present at the         3,959        

meeting.                                                           3,960        

      The minutes of a regular or special meeting of any public    3,963        

body shall be promptly prepared, filed, and maintained and shall   3,964        

be open to public inspection.  The minutes need only reflect the   3,965        

general subject matter of discussions in executive sessions        3,966        

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

      (D)  This section does not apply to a grand jury, to an      3,968        

audit conference conducted by the auditor of state or independent  3,969        

certified public accountants with officials of the public office   3,970        

that is the subject of the audit, to the adult parole authority    3,971        

when its hearings are conducted at a correctional institution for  3,972        

the sole purpose of interviewing inmates to determine parole or    3,973        

pardon, to the organized crime investigations commission           3,974        

established under section 177.01 of the Revised Code, to the       3,975        

                                                          85     


                                                                 
state medical board when determining whether to suspend a          3,976        

certificate without a prior hearing pursuant to division (G) of    3,978        

either section 4730.25 or 4731.22 of the Revised Code, to the      3,980        

board of nursing when determining whether to suspend a license or  3,981        

certificate without a prior hearing pursuant to division (B) of    3,983        

section 4723.281 of the Revised Code, TO THE STATE CHIROPRACTIC    3,985        

BOARD WHEN DETERMINING WHETHER TO SUSPEND A LICENSE WITHOUT A      3,986        

PRIOR HEARING PURSUANT TO SECTION 4734.37 OF THE REVISED CODE, or  3,988        

to the executive committee of the emergency response commission    3,989        

when determining whether to issue an enforcement order or request  3,990        

that a civil action, civil penalty action, or criminal action be   3,991        

brought to enforce Chapter 3750. of the Revised Code.                           

      (E)  The controlling board, the development financing        3,993        

advisory council, the industrial technology and enterprise         3,994        

advisory council, the tax credit authority, or the minority        3,996        

development financing advisory board, when meeting to consider     3,997        

granting assistance pursuant to Chapter 122. or 166. of the        3,998        

Revised Code, in order to protect the interest of the applicant    3,999        

or the possible investment of public funds, by unanimous vote of   4,000        

all board, council, or authority members present, may close the    4,002        

meeting during consideration of the following information          4,004        

confidentially received by the authority, council, or board from   4,005        

the applicant:                                                     4,007        

      (1)  Marketing plans;                                        4,009        

      (2)  Specific business strategy;                             4,011        

      (3)  Production techniques and trade secrets;                4,013        

      (4)  Financial projections;                                  4,015        

      (5)  Personal financial statements of the applicant or       4,017        

members of the applicant's immediate family, including, but not    4,018        

limited to, tax records or other similar information not open to   4,020        

public inspection.                                                 4,021        

      The vote by the authority, council, or board to accept or    4,025        

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   4,028        

                                                          86     


                                                                 
be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           4,030        

reasonable method whereby any person may determine the time and    4,031        

place of all regularly scheduled meetings and the time, place,     4,032        

and purpose of all special meetings.  A public body shall not      4,033        

hold a special meeting unless it gives at least twenty-four        4,034        

hours' advance notice to the news media that have requested        4,035        

notification, except in the event of an emergency requiring        4,036        

immediate official action.  In the event of an emergency, the      4,037        

member or members calling the meeting shall notify the news media  4,038        

that have requested notification immediately of the time, place,   4,039        

and purpose of the meeting.                                        4,040        

      The rule shall provide that any person, upon request and     4,043        

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  4,044        

business is to be discussed.  Provisions for advance notification  4,045        

may include, but are not limited to, mailing the agenda of         4,046        

meetings to all subscribers on a mailing list or mailing notices   4,047        

in self-addressed, stamped envelopes provided by the person.       4,048        

      (G)  Except as provided in division (J) of this section,     4,051        

the members of a public body may hold an executive session only    4,052        

after a majority of a quorum of the public body determines, by a   4,053        

roll call vote, to hold an executive session and only at a         4,055        

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     4,056        

      (1)  To consider the appointment, employment, dismissal,     4,058        

discipline, promotion, demotion, or compensation of a public       4,059        

employee or official, or the investigation of charges or           4,060        

complaints against a public employee, official, licensee, or       4,061        

regulated individual, unless the public employee, official,        4,062        

licensee, or regulated individual requests a public hearing.       4,063        

Except as otherwise provided by law, no public body shall hold an  4,064        

executive session for the discipline of an elected official for    4,065        

conduct related to the performance of the elected official's       4,066        

                                                          87     


                                                                 
official duties or for the elected official's removal from         4,068        

office.  If a public body holds an executive session pursuant to   4,070        

division (G)(1) of this section, the motion and vote to hold that  4,071        

executive session shall state which one or more of the approved    4,072        

purposes listed in division (G)(1) of this section are the         4,073        

purposes for which the executive session is to be held, but need   4,074        

not include the name of any person to be considered at the         4,075        

meeting.                                                                        

      (2)  To consider the purchase of property for public         4,077        

purposes, or for the sale of property at competitive bidding, if   4,078        

premature disclosure of information would give an unfair           4,079        

competitive or bargaining advantage to a person whose personal,    4,080        

private interest is adverse to the general public interest.  No    4,081        

member of a public body shall use division (G)(2) of this section  4,083        

as a subterfuge for providing covert information to prospective    4,085        

buyers or sellers.  A purchase or sale of public property is void  4,086        

if the seller or buyer of the public property has received covert  4,087        

information from a member of a public body that has not been       4,088        

disclosed to the general public in sufficient time for other       4,089        

prospective buyers and sellers to prepare and submit offers.       4,090        

      If the minutes of the public body show that all meetings     4,092        

and deliberations of the public body have been conducted in        4,093        

compliance with this section, any instrument executed by the       4,094        

public body purporting to convey, lease, or otherwise dispose of   4,095        

any right, title, or interest in any public property shall be      4,096        

conclusively presumed to have been executed in compliance with     4,097        

this section insofar as title or other interest of any bona fide   4,098        

purchasers, lessees, or transferees of the property is concerned.  4,099        

      (3)  Conferences with an attorney for the public body        4,101        

concerning disputes involving the public body that are the         4,102        

subject of pending or imminent court action;                       4,103        

      (4)  Preparing for, conducting, or reviewing negotiations    4,105        

or bargaining sessions with public employees concerning their      4,106        

compensation or other terms and conditions of their employment;    4,107        

                                                          88     


                                                                 
      (5)  Matters required to be kept confidential by federal     4,109        

law or regulations or state statutes;                              4,110        

      (6)  Specialized details of security arrangements if         4,112        

disclosure of the matters discussed might reveal information that  4,113        

could be used for the purpose of committing, or avoiding           4,114        

prosecution for, a violation of the law;                           4,115        

      (7)  In the case of a county hospital operated pursuant to   4,117        

Chapter 339. of the Revised Code, to consider trade secrets, as    4,119        

defined in section 1333.61 of the Revised Code.                                 

      If a public body holds an executive session to consider any  4,121        

of the matters listed in divisions (G)(2) to (7) of this section,  4,123        

the motion and vote to hold that executive session shall state     4,124        

which one or more of the approved matters listed in those          4,125        

divisions are to be considered at the executive session.           4,126        

      A public body specified in division (B)(1)(c) of this        4,129        

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               4,130        

      (H)  A resolution, rule, or formal action of any kind is     4,132        

invalid unless adopted in an open meeting of the public body.  A   4,133        

resolution, rule, or formal action adopted in an open meeting      4,134        

that results from deliberations in a meeting not open to the       4,135        

public is invalid unless the deliberations were for a purpose      4,136        

specifically authorized in division (G) or (J) of this section     4,137        

and conducted at an executive session held in compliance with      4,138        

this section.  A resolution, rule, or formal action adopted in an  4,139        

open meeting is invalid if the public body that adopted the        4,140        

resolution, rule, or formal action violated division (F) of this   4,141        

section.                                                           4,142        

      (I)(1)  Any person may bring an action to enforce this       4,144        

section.  An action under division (I)(1) of this section shall    4,146        

be brought within two years after the date of the alleged          4,147        

violation or threatened violation.  Upon proof of a violation or   4,148        

threatened violation of this section in an action brought by any   4,149        

person, the court of common pleas shall issue an injunction to     4,150        

                                                          89     


                                                                 
compel the members of the public body to comply with its           4,151        

provisions.                                                        4,152        

      (2)(a)  If the court of common pleas issues an injunction    4,154        

pursuant to division (I)(1) of this section, the court shall       4,155        

order the public body that it enjoins to pay a civil forfeiture    4,156        

of five hundred dollars to the party that sought the injunction    4,157        

and shall award to that party all court costs and, subject to      4,158        

reduction as described in division (I)(2) of this section,         4,160        

reasonable attorney's fees.  The court, in its discretion, may     4,161        

reduce an award of attorney's fees to the party that sought the    4,162        

injunction or not award attorney's fees to that party if the       4,163        

court determines both of the following:                            4,164        

      (i)  That, based on the ordinary application of statutory    4,166        

law and case law as it existed at the time of violation or         4,167        

threatened violation that was the basis of the injunction, a       4,168        

well-informed public body reasonably would believe that the        4,169        

public body was not violating or threatening to violate this       4,170        

section;                                                           4,171        

      (ii)  That a well-informed public body reasonably would      4,173        

believe that the conduct or threatened conduct that was the basis  4,174        

of the injunction would serve the public policy that underlies     4,175        

the authority that is asserted as permitting that conduct or       4,176        

threatened conduct.                                                4,177        

      (b)  If the court of common pleas does not issue an          4,179        

injunction pursuant to division (I)(1) of this section and the     4,180        

court determines at that time that the bringing of the action was  4,181        

frivolous conduct, as defined in division (A) of section 2323.51   4,182        

of the Revised Code, the court shall award to the public body all  4,183        

court costs and reasonable attorney's fees, as determined by the   4,184        

court.                                                             4,185        

      (3)  Irreparable harm and prejudice to the party that        4,187        

sought the injunction shall be conclusively and irrebuttably       4,188        

presumed upon proof of a violation or threatened violation of      4,189        

this section.                                                      4,190        

                                                          90     


                                                                 
      (4)  A member of a public body who knowingly violates an     4,192        

injunction issued pursuant to division (I)(1) of this section may  4,193        

be removed from office by an action brought in the court of        4,194        

common pleas for that purpose by the prosecuting attorney or the   4,195        

attorney general.                                                  4,196        

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   4,198        

Revised Code, a veterans service commission shall hold an          4,199        

executive session for one or more of the following purposes        4,200        

unless an applicant requests a public hearing:                     4,201        

      (a)  Interviewing an applicant for financial assistance      4,203        

under sections 5901.01 to 5901.15 of the Revised Code;             4,204        

      (b)  Discussing applications, statements, and other          4,206        

documents described in division (B) of section 5901.09 of the      4,207        

Revised Code;                                                      4,208        

      (c)  Reviewing matters relating to an applicant's request    4,210        

for financial assistance under sections 5901.01 to 5901.15 of the  4,211        

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      4,213        

applicant for, recipient of, or former recipient of financial      4,214        

assistance under sections 5901.01 to 5901.15 of the Revised Code,  4,215        

and shall not exclude representatives selected by the applicant,   4,217        

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   4,218        

applicant's, recipient's, or former recipient's application for    4,219        

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   4,221        

or denial of financial assistance under sections 5901.01 to        4,222        

5901.15 of the Revised Code only in an open meeting of the         4,224        

commission.  The minutes of the meeting shall indicate the name,   4,225        

address, and occupation of the applicant, whether the assistance   4,226        

was granted or denied, the amount of the assistance if assistance  4,227        

is granted, and the votes for and against the granting of          4,228        

assistance.                                                                     

      Section 4.  That the existing version of section 121.22 of   4,230        

                                                          91     


                                                                 
the Revised Code that is scheduled to take effect December 24,     4,231        

2000, is hereby repealed.                                                       

      Section 5.  Sections 3 and 4 of this act take effect         4,233        

December 24, 2000.                                                              

      Section 6.  This act shall be known as the Patient           4,235        

Protection and Professional Standards Act of 2000.                 4,236        

      Section 7.  Wherever the Chiropractic Examining Board or     4,238        

its secretary are referred to in any law, contract, or other       4,239        

document, the reference shall be deemed to refer to the State      4,240        

Chiropractic Board or its executive director, whichever is         4,241        

appropriate.  No action or proceeding pending on the effective     4,242        

date of this act is affected by the renaming of the Chiropractic   4,243        

Examining Board and shall be prosecuted or defended in the name    4,244        

of the State Chiropractic Board or its executive director.         4,245        

      Section 8.  Section 119.12 of the Revised Code is presented  4,247        

in this act as a composite of the section as amended by both Am.   4,249        

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      4,251        

letters.  This is in recognition of the principle stated in        4,252        

division (B) of section 1.52 of the Revised Code that such         4,253        

amendments are to be harmonized where not substantively            4,254        

irreconcilable and constitutes a legislative finding that such is  4,255        

the resulting version in effect prior to the effective date of     4,256        

this act.