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.