As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 506 6
1999-2000 7
REPRESENTATIVES SCHURING-OGG-DePIERO-VAN VYVEN-ASLANIDES-BUEHRER- 9
TIBERI-JONES-FORD-GOODMAN-PERRY-STEVENS-SCHULER-DAMSCHRODER- 10
JOLIVETTE-VERICH-O'BRIEN-HARRIS-KRUPINSKI-SALERNO- 12
SENATORS DRAKE-WACHTMANN-PRENTISS-HAGAN
_________________________________________________________________ 14
A B I L L
To amend sections 119.06, 119.12, 121.22, 125.22, 16
2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 18
3729.40, 4734.01, 4734.02, 4734.03, 4734.04, 19
4734.05, 4734.06, 4734.07, 4734.08, 4734.09, 20
4734.091, 4734.10, 4734.101, 4734.11, 4734.12, 22
4734.13, 4734.14, 4734.15, 4734.16, 4734.17, 24
4734.18, 4734.19, 4734.20, 4734.21, 4734.22, 25
4734.99, 4755.65, 4779.16, and 5903.12; to amend, 26
for the purpose of adopting new section numbers 28
as indicated in parentheses, sections 4734.01 29
(4734.02), 4734.02 (4734.05), 4734.03 (4734.04), 30
4734.04 (4734.03), 4734.05 (4734.20), 4734.06 31
(4734.23), 4734.07 (4734.25), 4734.09 (4734.15), 32
4734.091 (4734.17), 4734.10 (4734.31), 4734.101 33
(4734.37), 4734.11 (4734.38), 4734.12 (4734.34), 34
4734.13 (4734.46), 4734.14 (4734.45), 4734.15 35
(4734.47), 4734.16 (4734.53), 4734.17 (4734.14), 36
4734.18 (4734.54), 4734.19 (4734.24), 4734.20 37
(4734.56), 4734.21 (4734.55), 4734.22 (4734.311), 38
and 4734.23 (4734.161); and to enact new sections 40
4734.01, 4734.06, 4734.07, 4734.09, 4734.10, 41
4734.16, 4734.19, 4734.21, and 4734.22 and
sections 4734.201, 4734.26, 4734.27, 4734.32, 43
4734.35, 4734.36, 4734.39, 4734.40, 4734.41, 44
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4734.42, 4734.48, 4734.49, and 4734.50 of the 45
Revised Code to revise the laws pertaining to the 46
regulation of chiropractors; to make changes in 47
the law governing testimonial privilege in 48
certain cases; to extend the date by which an 49
application must be made to receive a license
without examination in the practice of orthotics, 50
prosthetics, or pedorthics; and to provide that
the provisions of this act relative to the 51
practices of orthotics, prosthetics, and 52
pedorthics terminate on December 31, 2004, when
section 4779.16 of the Revised Code is repealed 53
on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 55
Section 1. That sections 119.06, 119.12, 121.22, 125.22, 57
2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 3729.40, 4734.01, 59
4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07, 4734.08, 60
4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12, 4734.13, 61
4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19, 4734.20, 62
4734.21, 4734.22, 4734.99, 4755.65, 4779.16, and 5903.12 be 63
amended; sections 4734.01 (4734.02), 4734.02 (4734.05), 4734.03 64
(4734.04), 4734.04 (4734.03), 4734.05 (4734.20), 4734.06 65
(4734.23), 4734.07 (4734.25), 4734.09 (4734.15), 4734.091 66
(4734.17), 4734.10 (4734.31), 4734.101 (4734.37), 4734.11 67
(4734.38), 4734.12 (4734.34), 4734.13 (4734.46), 4734.14 68
(4734.45), 4734.15 (4734.47), 4734.16 (4734.53), 4734.17 69
(4734.14), 4734.18 (4734.54), 4734.19 (4734.24), 4734.20 70
(4734.56), 4734.21 (4734.55), 4734.22 (4734.311), and 4734.23 71
(4734.161) be amended for the purpose of adopting new section 73
numbers as indicated in parentheses; and new sections 4734.01, 74
4734.06, 4734.07, 4734.09, 4734.10, 4734.16, 4734.19, 4734.21, 75
and 4734.22 and sections 4734.201, 4734.26, 4734.27, 4734.32, 78
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4734.35, 4734.36, 4734.39, 4734.40, 4734.41, 4734.42, 4734.48, 79
4734.49, and 4734.50 of the Revised Code be enacted to read as 80
follows: 81
Sec. 119.06. No adjudication order of an agency shall be 91
valid unless the agency is specifically authorized by law to make 92
such order. 93
No adjudication order shall be valid unless an opportunity 95
for a hearing is afforded in accordance with sections 119.01 to 96
119.13 of the Revised Code. Such opportunity for a hearing shall 97
be given before making the adjudication order except in those 98
situations where this section provides otherwise. 99
The following adjudication orders shall be effective 101
without a hearing: 102
(A) Orders revoking a license in cases where an agency is 104
required by statute to revoke a license pursuant to the judgment 105
of a court; 106
(B) Orders suspending a license where a statute 108
specifically permits the suspension of a license without a 109
hearing; 110
(C) Orders or decisions of an authority within an agency 112
if the rules of the agency or the statutes pertaining to such 113
agency specifically give a right of appeal to a higher authority 114
within such agency, to another agency, or to the board of tax 115
appeals, and also give the appellant a right to a hearing on such 116
appeal. 117
When a statute permits the suspension of a license without 119
a prior hearing, any agency issuing an order pursuant to such 120
statute shall afford the person to whom the order is issued a 121
hearing upon request. 122
Whenever an agency claims that a person is required by 124
statute to obtain a license, it shall afford a hearing upon the 125
request of a person who claims that the law does not impose such 126
a requirement. 127
Every agency shall afford a hearing upon the request of any 129
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person who has been refused admission to an examination where 130
such examination is a prerequisite to the issuance of a license 131
unless a hearing was held prior to such refusal. 132
Unless a hearing was held prior to the refusal to issue the 134
license, every agency shall afford a hearing upon the request of 135
a person whose application for a license has been rejected and to 136
whom the agency has refused to issue a license, whether it is a 137
renewal or a new license, except that the following are not 138
required to afford a hearing to a person to whom a new license 139
has been refused because the person failed a licensing 140
examination: the state medical board, STATE chiropractic 141
examining board, board of examiners of architects, board of 143
landscape architect examiners, and any section of the Ohio 144
occupational therapy, physical therapy, and athletic trainers 145
board.
When periodic registration of licenses is required by law, 147
the agency shall afford a hearing upon the request of any 148
licensee whose registration has been denied, unless a hearing was 149
held prior to such denial. 150
When periodic registration of licenses or renewal of 152
licenses is required by law, a licensee who has filed his AN 153
application for registration or renewal within the time and in 154
the manner provided by statute or rule of the agency, shall not 155
be required to discontinue a licensed business or profession 156
merely because of the failure of the agency to act on his THE 157
LICENSEE'S application. Action of an agency rejecting any such 159
application shall not be effective prior to fifteen days after 160
notice of the rejection is mailed to the licensee. 161
Sec. 119.12. Any party adversely affected by any order of 170
an agency issued pursuant to an adjudication denying an applicant 171
admission to an examination, or denying the issuance or renewal 172
of a license or registration of a licensee, or revoking or 173
suspending a license, or allowing the payment of a forfeiture 174
under section 4301.252 of the Revised Code, may appeal from the 175
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order of the agency to the court of common pleas of the county in 176
which the place of business of the licensee is located or the 177
county in which the licensee is a resident, except that appeals 178
from decisions of the liquor control commission, the state 180
medical board, STATE chiropractic examining board, and board of 181
nursing shall be to the court of common pleas of Franklin county. 182
If any such party is not a resident of and has no place of 183
business in this state, the party may appeal to the court of 185
common pleas of Franklin county.
Any party adversely affected by any order of an agency 187
issued pursuant to any other adjudication may appeal to the court 188
of common pleas of Franklin county, except that appeals from 189
orders of the fire marshal issued under Chapter 3737. of the 190
Revised Code may be to the court of common pleas of the county in 191
which the building of the aggrieved person is located. 192
This section does not apply to appeals from the department 194
of taxation. 195
Any party desiring to appeal shall file a notice of appeal 197
with the agency setting forth the order appealed from and the 198
grounds of the party's appeal. A copy of such notice of appeal 200
shall also be filed by the appellant with the court. Unless 201
otherwise provided by law relating to a particular agency, such 202
notices of appeal shall be filed within fifteen days after the 203
mailing of the notice of the agency's order as provided in this 204
section. For purposes of this paragraph, an order includes a 205
determination appealed pursuant to division (C) of section 206
119.092 of the Revised Code. 207
The filing of a notice of appeal shall not automatically 209
operate as a suspension of the order of an agency. If it appears 210
to the court that an unusual hardship to the appellant will 211
result from the execution of the agency's order pending 212
determination of the appeal, the court may grant a suspension and 213
fix its terms. If an appeal is taken from the judgment of the 214
court and the court has previously granted a suspension of the 215
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agency's order as provided in this section, such suspension of 216
the agency's order shall not be vacated and shall be given full 217
force and effect until the matter is finally adjudicated. No 218
renewal of a license or permit shall be denied by reason of such 219
suspended order during the period of the appeal from the decision 220
of the court of common pleas. In the case of an appeal from the 221
state medical board or STATE chiropractic examining board, the 222
court may grant a suspension and fix its terms if it appears to 223
the court that an unusual hardship to the appellant will result 224
from the execution of the agency's order pending determination of 225
the appeal and the health, safety, and welfare of the public will 226
not be threatened by suspension of the order. This provision 227
shall not be construed to limit the factors the court may 228
consider in determining whether to suspend an order of any other 229
agency pending determination of an appeal. 230
The final order of adjudication may apply to any renewal of 232
a license or permit which has been granted during the period of 233
the appeal. 234
Notwithstanding any other provision of this section, any 236
order issued by a court of common pleas or a court of appeals 237
suspending the effect of an order of the liquor control 239
commission issued pursuant to Chapter 4301. or 4303. of the 240
Revised Code that suspends, revokes, or cancels a permit issued 241
under Chapter 4303. of the Revised Code, or that allows the 242
payment of a forfeiture under section 4301.252 of the Revised 244
Code, shall terminate not more than six months after the date of 245
the filing of the record of the liquor control commission with 246
the clerk of the court of common pleas and shall not be extended. 248
The court of common pleas, or the court of appeals on appeal, 249
shall render a judgment in that matter within six months after
the date of the filing of the record of the liquor control 250
commission with the clerk of the court of common pleas. A court 251
of appeals shall not issue an order suspending the effect of an 252
order of the liquor control commission that extends beyond six 253
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months after the date on which the record of the liquor control 254
commission is filed with a court of common pleas.
Notwithstanding any other provision of this section, any 256
order issued by a court of common pleas suspending the effect of 257
an order of the state medical board or STATE chiropractic 258
examining board that limits, revokes, suspends, places on 259
probation, or refuses to register or reinstate a certificate 260
issued by the board or reprimands the holder of such a 261
certificate shall terminate not more than fifteen months after 262
the date of the filing of a notice of appeal in the court of 263
common pleas, or upon the rendering of a final decision or order 264
in the appeal by the court of common pleas, whichever occurs 265
first.
Within thirty days after receipt of a notice of appeal from 267
an order in any case in which a hearing is required by sections 268
119.01 to 119.13 of the Revised Code, the agency shall prepare 269
and certify to the court a complete record of the proceedings in 270
the case. Failure of the agency to comply within the time 271
allowed, upon motion, shall cause the court to enter a finding in 272
favor of the party adversely affected. Additional time, however, 273
may be granted by the court, not to exceed thirty days, when it 274
is shown that the agency has made substantial effort to comply. 275
Such record shall be prepared and transcribed and the expense of 276
it shall be taxed as a part of the costs on the appeal. The 277
appellant shall provide security for costs satisfactory to the 278
court of common pleas. Upon demand by any interested party, the 279
agency shall furnish at the cost of the party requesting it a 280
copy of the stenographic report of testimony offered and evidence 281
submitted at any hearing and a copy of the complete record. 282
Notwithstanding any other provision of this section, any 284
party desiring to appeal an order or decision of the state 285
personnel board of review shall, at the time of filing a notice 286
of appeal with the board, provide a security deposit in an amount 287
and manner prescribed in rules that the board shall adopt in 288
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accordance with this chapter. In addition, the board is not 289
required to prepare or transcribe the record of any of its 290
proceedings unless the appellant has provided the deposit 291
described above. The failure of the board to prepare or 292
transcribe a record for an appellant who has not provided a 293
security deposit shall not cause a court to enter a finding 294
adverse to the board. 295
Unless otherwise provided by law, in the hearing of the 297
appeal, the court is confined to the record as certified to it by 298
the agency. Unless otherwise provided by law, the court may 299
grant a request for the admission of additional evidence when 300
satisfied that such additional evidence is newly discovered and 301
could not with reasonable diligence have been ascertained prior 302
to the hearing before the agency. 303
The court shall conduct a hearing on such appeal and shall 305
give preference to all proceedings under sections 119.01 to 306
119.13 of the Revised Code, over all other civil cases, 307
irrespective of the position of the proceedings on the calendar 308
of the court. An appeal from an order of the state medical board 309
issued pursuant to division (G) of either section 4730.25 or 311
4731.22 of the Revised Code, or the STATE chiropractic examining 312
board issued pursuant to section 4734.101 4734.37 of the Revised 313
Code, or the liquor control commission issued pursuant to Chapter 314
4301. or 4303. of the Revised Code shall be set down for hearing 315
at the earliest possible time and takes precedence over all other 316
actions. The hearing in the court of common pleas shall proceed 317
as in the trial of a civil action, and the court shall determine 318
the rights of the parties in accordance with the laws applicable 319
to such action. At such hearing, counsel may be heard on oral 320
argument, briefs may be submitted, and evidence introduced if the 321
court has granted a request for the presentation of additional 322
evidence.
The court may affirm the order of the agency complained of 324
in the appeal if it finds, upon consideration of the entire 325
9
record and such additional evidence as the court has admitted, 326
that the order is supported by reliable, probative, and 327
substantial evidence and is in accordance with law. In the 328
absence of such a finding, it may reverse, vacate, or modify the 329
order or make such other ruling as is supported by reliable, 330
probative, and substantial evidence and is in accordance with 331
law. The court shall award compensation for fees in accordance 332
with section 2335.39 of the Revised Code to a prevailing party, 333
other than an agency, in an appeal filed pursuant to this 334
section. 335
The judgment of the court shall be final and conclusive 337
unless reversed, vacated, or modified on appeal. Such appeals 338
may be taken either by the party or the agency, shall proceed as 339
in the case of appeals in civil actions, and shall be pursuant to 340
the Rules of Appellate Procedure and, to the extent not in 341
conflict with those rules, Chapter 2505. of the Revised Code. 342
Such appeal by the agency shall be taken on questions of law 343
relating to the constitutionality, construction, or 344
interpretation of statutes and rules of the agency, and in such 345
appeal the court may also review and determine the correctness of 346
the judgment of the court of common pleas that the order of the 347
agency is not supported by any reliable, probative, and 348
substantial evidence in the entire record. 349
The court shall certify its judgment to such agency or take 351
such other action necessary to give its judgment effect. 352
Sec. 121.22. (A) This section shall be liberally 361
construed to require public officials to take official action and 362
to conduct all deliberations upon official business only in open 363
meetings unless the subject matter is specifically excepted by 364
law. 365
(B) As used in this section: 367
(1) "Public body" means any of the following: 369
(a) Any board, commission, committee, council, or similar 371
decision-making body of a state agency, institution, or 372
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authority, and any legislative authority or board, commission, 373
committee, council, agency, authority, or similar decision-making 375
body of any county, township, municipal corporation, school 376
district, or other political subdivision or local public 377
institution;
(b) Any committee or subcommittee of a body described in 379
division (B)(1)(a) of this section; 380
(c) A court of jurisdiction of a sanitary district 382
organized wholly for the purpose of providing a water supply for 383
domestic, municipal, and public use when meeting for the purpose 385
of the appointment, removal, or reappointment of a member of the 386
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 387
related to such a district other than litigation involving the 388
district. As used in division (B)(1)(c) of this section, "court 389
of jurisdiction" has the same meaning as "court" in section 390
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 392
public business of the public body by a majority of its members. 393
(3) "Regulated individual" means either of the following: 395
(a) A student in a state or local public educational 397
institution; 398
(b) A person who is, voluntarily or involuntarily, an 400
inmate, patient, or resident of a state or local institution 401
because of criminal behavior, mental illness or retardation, 402
disease, disability, age, or other condition requiring custodial 403
care. 404
(C) All meetings of any public body are declared to be 406
public meetings open to the public at all times. A member of a 407
public body shall be present in person at a meeting open to the 409
public to be considered present or to vote at the meeting and for 410
purposes of determining whether a quorum is present at the 411
meeting. 412
The minutes of a regular or special meeting of any public 415
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body shall be promptly prepared, filed, and maintained and shall 416
be open to public inspection. The minutes need only reflect the 417
general subject matter of discussions in executive sessions 418
authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following: 420
(1) A grand jury; 422
(2) An audit conference conducted by the auditor of state 424
or independent certified public accountants with officials of the 426
public office that is the subject of the audit; 427
(3) The adult parole authority when its hearings are 430
conducted at a correctional institution for the sole purpose of 431
interviewing inmates to determine parole or pardon; 432
(4) The organized crime investigations commission 434
established under section 177.01 of the Revised Code; 435
(5) Meetings of a child fatality review board established 437
under section 307.621 of the Revised Code and meetings conducted 438
pursuant to sections 5153.171 to 5153.173 of the Revised Code; 440
(6) The state medical board when determining whether to 442
suspend a certificate without a prior hearing pursuant to 443
division (G) of either section 4730.25 or 4731.22 of the Revised 445
Code;
(7) The board of nursing when determining whether to 448
suspend a license or certificate without a prior hearing pursuant 450
to division (B) of section 4723.281 of the Revised Code; 451
(8) The state board of pharmacy when determining whether 453
to suspend a license without a prior hearing pursuant to division 454
(D) of section 4729.16 of the Revised Code; 455
(9) THE STATE CHIROPRACTIC BOARD WHEN DETERMINING WHETHER 457
TO SUSPEND A LICENSE WITHOUT A HEARING PURSUANT TO SECTION 458
4734.37 OF THE REVISED CODE.
(10) The executive committee of the emergency response 460
commission when determining whether to issue an enforcement order 461
or request that a civil action, civil penalty action, or criminal 462
action be brought to enforce Chapter 3750. of the Revised Code. 463
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(E) The controlling board, the development financing 465
advisory council, the industrial technology and enterprise 466
advisory council, the tax credit authority, or the minority 468
development financing advisory board, when meeting to consider 469
granting assistance pursuant to Chapter 122. or 166. of the 470
Revised Code, in order to protect the interest of the applicant 471
or the possible investment of public funds, by unanimous vote of 472
all board, council, or authority members present, may close the 474
meeting during consideration of the following information 476
confidentially received by the authority, council, or board from 477
the applicant: 479
(1) Marketing plans; 481
(2) Specific business strategy; 483
(3) Production techniques and trade secrets; 485
(4) Financial projections; 487
(5) Personal financial statements of the applicant or 489
members of the applicant's immediate family, including, but not 490
limited to, tax records or other similar information not open to 492
public inspection. 493
The vote by the authority, council, or board to accept or 497
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 500
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 502
reasonable method whereby any person may determine the time and 503
place of all regularly scheduled meetings and the time, place, 504
and purpose of all special meetings. A public body shall not 505
hold a special meeting unless it gives at least twenty-four 506
hours' advance notice to the news media that have requested 507
notification, except in the event of an emergency requiring 508
immediate official action. In the event of an emergency, the 509
member or members calling the meeting shall notify the news media 510
that have requested notification immediately of the time, place, 511
and purpose of the meeting. 512
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The rule shall provide that any person, upon request and 515
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 516
business is to be discussed. Provisions for advance notification 517
may include, but are not limited to, mailing the agenda of 518
meetings to all subscribers on a mailing list or mailing notices 519
in self-addressed, stamped envelopes provided by the person. 520
(G) Except as provided in division (J) of this section, 523
the members of a public body may hold an executive session only 524
after a majority of a quorum of the public body determines, by a 525
roll call vote, to hold an executive session and only at a 527
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 528
(1) To consider the appointment, employment, dismissal, 530
discipline, promotion, demotion, or compensation of a public 531
employee or official, or the investigation of charges or 532
complaints against a public employee, official, licensee, or 533
regulated individual, unless the public employee, official, 534
licensee, or regulated individual requests a public hearing. 535
Except as otherwise provided by law, no public body shall hold an 536
executive session for the discipline of an elected official for 537
conduct related to the performance of the elected official's 538
official duties or for the elected official's removal from 540
office. If a public body holds an executive session pursuant to 542
division (G)(1) of this section, the motion and vote to hold that 543
executive session shall state which one or more of the approved 544
purposes listed in division (G)(1) of this section are the 545
purposes for which the executive session is to be held, but need 546
not include the name of any person to be considered at the 547
meeting.
(2) To consider the purchase of property for public 549
purposes, or for the sale of property at competitive bidding, if 550
premature disclosure of information would give an unfair 551
competitive or bargaining advantage to a person whose personal, 552
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private interest is adverse to the general public interest. No 553
member of a public body shall use division (G)(2) of this section 555
as a subterfuge for providing covert information to prospective 557
buyers or sellers. A purchase or sale of public property is void 558
if the seller or buyer of the public property has received covert 559
information from a member of a public body that has not been 560
disclosed to the general public in sufficient time for other 561
prospective buyers and sellers to prepare and submit offers. 562
If the minutes of the public body show that all meetings 564
and deliberations of the public body have been conducted in 565
compliance with this section, any instrument executed by the 566
public body purporting to convey, lease, or otherwise dispose of 567
any right, title, or interest in any public property shall be 568
conclusively presumed to have been executed in compliance with 569
this section insofar as title or other interest of any bona fide 570
purchasers, lessees, or transferees of the property is concerned. 571
(3) Conferences with an attorney for the public body 573
concerning disputes involving the public body that are the 574
subject of pending or imminent court action; 575
(4) Preparing for, conducting, or reviewing negotiations 577
or bargaining sessions with public employees concerning their 578
compensation or other terms and conditions of their employment; 579
(5) Matters required to be kept confidential by federal 581
law or regulations or state statutes; 582
(6) Specialized details of security arrangements if 584
disclosure of the matters discussed might reveal information that 585
could be used for the purpose of committing, or avoiding 586
prosecution for, a violation of the law; 587
(7) In the case of a county hospital operated pursuant to 589
Chapter 339. of the Revised Code, to consider trade secrets, as 591
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 593
of the matters listed in divisions (G)(2) to (7) of this section, 595
the motion and vote to hold that executive session shall state 596
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which one or more of the approved matters listed in those 597
divisions are to be considered at the executive session. 598
A public body specified in division (B)(1)(c) of this 601
section shall not hold an executive session when meeting for the
purposes specified in that division. 602
(H) A resolution, rule, or formal action of any kind is 604
invalid unless adopted in an open meeting of the public body. A 605
resolution, rule, or formal action adopted in an open meeting 606
that results from deliberations in a meeting not open to the 607
public is invalid unless the deliberations were for a purpose 608
specifically authorized in division (G) or (J) of this section 609
and conducted at an executive session held in compliance with 610
this section. A resolution, rule, or formal action adopted in an 611
open meeting is invalid if the public body that adopted the 612
resolution, rule, or formal action violated division (F) of this 613
section. 614
(I)(1) Any person may bring an action to enforce this 616
section. An action under division (I)(1) of this section shall 618
be brought within two years after the date of the alleged 619
violation or threatened violation. Upon proof of a violation or 620
threatened violation of this section in an action brought by any 621
person, the court of common pleas shall issue an injunction to 622
compel the members of the public body to comply with its 623
provisions. 624
(2)(a) If the court of common pleas issues an injunction 626
pursuant to division (I)(1) of this section, the court shall 627
order the public body that it enjoins to pay a civil forfeiture 628
of five hundred dollars to the party that sought the injunction 629
and shall award to that party all court costs and, subject to 630
reduction as described in division (I)(2) of this section, 632
reasonable attorney's fees. The court, in its discretion, may 633
reduce an award of attorney's fees to the party that sought the 634
injunction or not award attorney's fees to that party if the 635
court determines both of the following: 636
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(i) That, based on the ordinary application of statutory 638
law and case law as it existed at the time of violation or 639
threatened violation that was the basis of the injunction, a 640
well-informed public body reasonably would believe that the 641
public body was not violating or threatening to violate this 642
section; 643
(ii) That a well-informed public body reasonably would 645
believe that the conduct or threatened conduct that was the basis 646
of the injunction would serve the public policy that underlies 647
the authority that is asserted as permitting that conduct or 648
threatened conduct. 649
(b) If the court of common pleas does not issue an 651
injunction pursuant to division (I)(1) of this section and the 652
court determines at that time that the bringing of the action was 653
frivolous conduct, as defined in division (A) of section 2323.51 654
of the Revised Code, the court shall award to the public body all 655
court costs and reasonable attorney's fees, as determined by the 656
court. 657
(3) Irreparable harm and prejudice to the party that 659
sought the injunction shall be conclusively and irrebuttably 660
presumed upon proof of a violation or threatened violation of 661
this section. 662
(4) A member of a public body who knowingly violates an 664
injunction issued pursuant to division (I)(1) of this section may 665
be removed from office by an action brought in the court of 666
common pleas for that purpose by the prosecuting attorney or the 667
attorney general. 668
(J)(1) Pursuant to division (C) of section 5901.09 of the 670
Revised Code, a veterans service commission shall hold an 671
executive session for one or more of the following purposes 672
unless an applicant requests a public hearing: 673
(a) Interviewing an applicant for financial assistance 675
under sections 5901.01 to 5901.15 of the Revised Code; 676
(b) Discussing applications, statements, and other 678
17
documents described in division (B) of section 5901.09 of the 679
Revised Code; 680
(c) Reviewing matters relating to an applicant's request 682
for financial assistance under sections 5901.01 to 5901.15 of the 683
Revised Code.
(2) A veterans service commission shall not exclude an 685
applicant for, recipient of, or former recipient of financial 686
assistance under sections 5901.01 to 5901.15 of the Revised Code, 687
and shall not exclude representatives selected by the applicant, 689
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 690
applicant's, recipient's, or former recipient's application for 691
financial assistance.
(3) A veterans service commission shall vote on the grant 693
or denial of financial assistance under sections 5901.01 to 694
5901.15 of the Revised Code only in an open meeting of the 696
commission. The minutes of the meeting shall indicate the name, 697
address, and occupation of the applicant, whether the assistance 698
was granted or denied, the amount of the assistance if assistance 699
is granted, and the votes for and against the granting of 700
assistance.
Sec. 125.22. (A) The department of administrative 710
services shall establish the central service agency to perform 711
routine support for the following boards and commissions: 712
(1) State board of examiners of architects; 714
(2) Barber board; 716
(3) Chiropractic examining STATE CHIROPRACTIC board; 718
(4) State board of cosmetology; 720
(5) Accountancy board; 722
(6) State dental board; 724
(7) State board of optometry; 726
(8) Ohio occupational therapy, physical therapy, and 728
athletic trainers board; 729
(9) State board of registration for professional engineers 732
18
and surveyors;
(10) State board of sanitarian registration; 734
(11) Board of embalmers and funeral directors; 736
(12) State board of psychology; 738
(13) Ohio optical dispensers board; 740
(14) Board of speech pathology and audiology; 742
(15) Counselor and social worker board; 744
(16) State veterinary medical licensing board; 746
(17) Ohio board of dietetics; 748
(18) Commission on Hispanic-Latino affairs; 750
(19) Ohio respiratory care board. 752
(B)(1) Notwithstanding any other section of the Revised 754
Code, the agency shall perform the following routine support 755
services for the boards and commissions named in division (A) of 756
this section unless the controlling board exempts a board or 757
commission from this requirement on the recommendation of the 758
director of administrative services: 759
(a) Preparing and processing payroll and other personnel 761
documents; 762
(b) Preparing and processing vouchers, purchase orders, 764
encumbrances, and other accounting documents; 765
(c) Maintaining ledgers of accounts and balances; 767
(d) Preparing and monitoring budgets and allotment plans 769
in consultation with the boards and commissions; 770
(e) Maintaining information required by section 3729.40 of 772
the Revised Code;
(f) Other routine support services that the director of 774
administrative services considers appropriate to achieve 775
efficiency. 776
(2) The agency may perform other services which a board or 778
commission named in division (A) of this section delegates to the 779
agency and the agency accepts. 780
(3) The agency may perform any service for any 782
professional or occupational licensing board not named in 783
19
division (A) of this section or any commission if the board or 784
commission requests such service and the agency accepts. 785
(C) The director of administrative services shall be the 787
appointing authority for the agency. 788
(D) The agency shall determine the fees to be charged to 790
the boards and commissions, which shall be in proportion to the 791
services performed for each board or commission. 792
(E) Each board or commission named in division (A) of this 794
section and any other board or commission requesting services 795
from the agency shall pay these fees to the agency from the 796
general revenue fund maintenance account of the board or 797
commission or from such other fund as the operating expenses of 798
the board or commission are paid. Any amounts set aside for a 799
fiscal year by a board or commission to allow for the payment of 800
fees shall be used only for the services performed by the agency 801
in that fiscal year. All receipts collected by the agency shall 802
be deposited in the state treasury to the credit of the central 803
service agency fund, which is hereby created. All expenses 804
incurred by the agency in performing services for the boards or 805
commissions shall be paid from the fund. 806
(F) Nothing in this section shall be construed as a grant 808
of authority for the central service agency to initiate or deny 809
personnel or fiscal actions for the boards and commissions. 810
Sec. 2317.02. The following persons shall not testify in 819
certain respects: 820
(A) An attorney, concerning a communication made to the 822
attorney by a client in that relation or the attorney's advice to 824
a client, except that the attorney may testify by express consent 825
of the client or, if the client is deceased, by the express 826
consent of the surviving spouse or the executor or administrator 827
of the estate of the deceased client and except that, if the 828
client voluntarily testifies or is deemed by section 2151.421 of 829
the Revised Code to have waived any testimonial privilege under 830
this division, the attorney may be compelled to testify on the 831
20
same subject;
(B)(1) A physician or a dentist concerning a communication 833
made to the physician or dentist by a patient in that relation or 834
the physician's or dentist's advice to a patient, except as 836
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 837
is deemed by section 2151.421 of the Revised Code to have waived 838
any testimonial privilege under this division, the physician may 839
be compelled to testify on the same subject. 840
The testimonial privilege established under this division 842
does not apply, and a physician or dentist may testify or may be 843
compelled to testify, in any of the following circumstances: 844
(a) In any civil action, in accordance with the discovery 846
provisions of the Rules of Civil Procedure in connection with a 847
civil action, or in connection with a claim under Chapter 4123. 848
of the Revised Code, under any of the following circumstances: 849
(i) If the patient or the guardian or other legal 851
representative of the patient gives express consent; 852
(ii) If the patient is deceased, the spouse of the patient 854
or the executor or administrator of the patient's estate gives 856
express consent;
(iii) If a medical claim, dental claim, chiropractic 858
claim, or optometric claim, as defined in section 2305.11 of the 859
Revised Code, an action for wrongful death, any other type of 860
civil action, or a claim under Chapter 4123. of the Revised Code 861
is filed by the patient, the personal representative of the 862
estate of the patient if deceased, or the patient's guardian or 864
other legal representative.
(b) IN ANY CIVIL ACTION CONCERNING COURT-ORDERED TREATMENT 866
OR SERVICES RECEIVED BY A PATIENT, IF THE COURT-ORDERED TREATMENT 867
OR SERVICES WERE ORDERED AS PART OF A CASE PLAN JOURNALIZED UNDER 868
SECTION 2151.412 OF THE REVISED CODE OR THE COURT-ORDERED 869
TREATMENT OR SERVICES ARE NECESSARY OR RELEVANT TO DEPENDENCY,
NEGLECT, OR ABUSE OR TEMPORARY OR PERMANENT CUSTODY PROCEEDINGS 870
21
UNDER CHAPTER 2151. OF THE REVISED CODE. 871
(c) In any criminal action concerning any test or the 873
results of any test that determines the presence or concentration 874
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 875
the patient's blood, breath, urine, or other bodily substance at 876
any time relevant to the criminal offense in question. 877
(c)(d) In any criminal action against a physician or 880
dentist. In such an action, the testimonial privilege
established under this division does not prohibit the admission 881
into evidence, in accordance with the Rules of Evidence, of a 884
patient's medical or dental records or other communications 885
between a patient and the physician or dentist that are related 886
to the action and obtained by subpoena, search warrant, or other 887
lawful means. A court that permits or compels a physician or 888
dentist to testify in such an action or permits the introduction 889
into evidence of patient records or other communications in such 890
an action shall require that appropriate measures be taken to 891
ensure that the confidentiality of any patient named or otherwise 893
identified in the records is maintained. Measures to ensure 894
confidentiality that may be taken by the court include sealing 895
its records or deleting specific information from its records. 896
(2)(a) If any law enforcement officer submits a written 898
statement to a health care provider that states that an official 899
criminal investigation has begun regarding a specified person or 900
that a criminal action or proceeding has been commenced against a 901
specified person, that requests the provider to supply to the 902
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 903
specified person to determine the presence or concentration of 904
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 905
person's blood, breath, or urine at any time relevant to the 906
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 907
specifically prohibited by any law of this state or of the United 908
22
States, shall supply to the officer a copy of any of the 909
requested records the provider possesses. If the health care 910
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 911
indicates that the provider does not possess any of the requested 912
records.
(b) If a health care provider possesses any records of the 914
type described in division (B)(2)(a) of this section regarding 915
the person in question at any time relevant to the criminal 916
offense in question, in lieu of personally testifying as to the 917
results of the test in question, the custodian of the records may 918
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 919
admitted as evidence in accordance with the Rules of Evidence. 920
Division (A) of section 2317.422 of the Revised Code does not 921
apply to any certified copy of records submitted in accordance 922
with this division. Nothing in this division shall be construed 923
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 924
person under whose supervision the test was administered, the 925
custodian of the records, the person who made the records, or the 926
person under whose supervision the records were made. 927
(3)(a) If the testimonial privilege described in division 929
(B)(1) of this section does not apply as provided in division 930
(B)(1)(a)(iii) of this section, a physician or dentist may be 931
compelled to testify or to submit to discovery under the Rules of 932
Civil Procedure only as to a communication made to the physician 933
or dentist by the patient in question in that relation, or the 934
physician's or dentist's advice to the patient in question, that 936
related causally or historically to physical or mental injuries 937
that are relevant to issues in the medical claim, dental claim, 938
chiropractic claim, or optometric claim, action for wrongful 939
death, other civil action, or claim under Chapter 4123. of the 940
Revised Code.
23
(b) If the testimonial privilege described in division 942
(B)(1) of this section does not apply to a physician or dentist 943
as provided in division (B)(1)(b)(c) of this section, the 945
physician or dentist, in lieu of personally testifying as to the 946
results of the test in question, may submit a certified copy of
those results, and, upon its submission, the certified copy is 947
qualified as authentic evidence and may be admitted as evidence 949
in accordance with the Rules of Evidence. Division (A) of 950
section 2317.422 of the Revised Code does not apply to any 951
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 952
the right of any party to call as a witness the person who 953
administered the test in question, the person under whose 954
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 956
person under whose supervision the results were compiled. 957
(4) The testimonial privilege described in division (B)(1) 960
of this section is not waived when a communication is made by a 961
physician to a pharmacist or when there is communication between 962
a patient and a pharmacist in furtherance of the 963
physician-patient relation.
(5)(a) As used in divisions (B)(1) to (4) of this section, 966
"communication" means acquiring, recording, or transmitting any 967
information, in any manner, concerning any facts, opinions, or 968
statements necessary to enable a physician or dentist to 969
diagnose, treat, prescribe, or act for a patient. A 970
"communication" may include, but is not limited to, any medical 971
or dental, office, or hospital communication such as a record, 972
chart, letter, memorandum, laboratory test and results, x-ray, 973
photograph, financial statement, diagnosis, or prognosis. 974
(b) As used in division (B)(2) of this section, "health 976
care provider" has the same meaning as in section 3729.01 of the 977
Revised Code.
(6) Divisions (B)(1), (2), (3), (4), and (5) of this 980
24
section apply to doctors of medicine, doctors of osteopathic 981
medicine, doctors of podiatry, and dentists. 982
(7) Nothing in divisions (B)(1) to (6) of this section 985
affects, or shall be construed as affecting, the immunity from 986
civil liability conferred by section 307.628 or 2305.33 of the 987
Revised Code upon physicians who report an employee's use of a 989
drug of abuse, or a condition of an employee other than one 990
involving the use of a drug of abuse, to the employer of the 991
employee in accordance with division (B) of that section. As 992
used in division (B)(7) of this section, "employee," "employer," 994
and "physician" have the same meanings as in section 2305.33 of 995
the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly 997
ordained, accredited, or licensed minister of an established and 999
legally cognizable church, denomination, or sect, when the member 1,000
of the clergy, rabbi, priest, or minister remains accountable to 1,002
the authority of that church, denomination, or sect, concerning a 1,003
confession made, or any information confidentially communicated, 1,004
to the member of the clergy, rabbi, priest, or minister for a 1,006
religious counseling purpose in the member of the clergy's, 1,007
rabbi's, priest's, or minister's professional character; however, 1,009
the member of the clergy, rabbi, priest, or minister may testify 1,011
by express consent of the person making the communication, except 1,012
when the disclosure of the information is in violation of a 1,013
sacred trust; 1,014
(D) Husband or wife, concerning any communication made by 1,016
one to the other, or an act done by either in the presence of the 1,017
other, during coverture, unless the communication was made, or 1,018
act done, in the known presence or hearing of a third person 1,019
competent to be a witness; and such rule is the same if the 1,020
marital relation has ceased to exist; 1,021
(E) A person who assigns a claim or interest, concerning 1,023
any matter in respect to which the person would not, if a party, 1,025
be permitted to testify;
25
(F) A person who, if a party, would be restricted under 1,028
section 2317.03 of the Revised Code, when the property or thing 1,029
is sold or transferred by an executor, administrator, guardian, 1,030
trustee, heir, devisee, or legatee, shall be restricted in the 1,031
same manner in any action or proceeding concerning the property 1,032
or thing.
(G)(1) A school guidance counselor who holds a valid 1,034
educator license from the state board of education as provided 1,036
for in section 3319.22 of the Revised Code, a person licensed 1,037
under Chapter 4757. of the Revised Code as a professional 1,038
clinical counselor, professional counselor, social worker, or 1,039
independent social worker, or registered under Chapter 4757. of 1,040
the Revised Code as a social work assistant concerning a 1,041
confidential communication received from a client in that 1,042
relation or the person's advice to a client unless any of the 1,044
following applies:
(a) The communication or advice indicates clear and 1,046
present danger to the client or other persons. For the purposes 1,047
of this division, cases in which there are indications of present 1,048
or past child abuse or neglect of the client constitute a clear 1,049
and present danger. 1,050
(b) The client gives express consent to the testimony. 1,052
(c) If the client is deceased, the surviving spouse or the 1,054
executor or administrator of the estate of the deceased client 1,055
gives express consent. 1,056
(d) The client voluntarily testifies, in which case the 1,058
school guidance counselor or person licensed or registered under 1,059
Chapter 4757. of the Revised Code may be compelled to testify on 1,061
the same subject.
(e) The court in camera determines that the information 1,063
communicated by the client is not germane to the counselor-client 1,064
or social worker-client relationship. 1,065
(f) A court, in an action brought against a school, its 1,067
administration, or any of its personnel by the client, rules 1,068
26
after an in-camera inspection that the testimony of the school 1,069
guidance counselor is relevant to that action. 1,070
(g) THE TESTIMONY IS SOUGHT IN A CIVIL ACTION AND CONCERNS 1,072
COURT-ORDERED TREATMENT OR SERVICES RECEIVED BY A PATIENT AS PART 1,073
OF A CASE PLAN JOURNALIZED UNDER SECTION 2151.412 OF THE REVISED 1,074
CODE OR THE COURT-ORDERED TREATMENT OR SERVICES ARE NECESSARY OR 1,075
RELEVANT TO DEPENDENCY, NEGLECT, OR ABUSE OR TEMPORARY OR 1,076
PERMANENT CUSTODY PROCEEDINGS UNDER CHAPTER 2151. OF THE REVISED 1,077
CODE.
(2) Nothing in division (G)(1) of this section shall 1,079
relieve a school guidance counselor or a person licensed or 1,081
registered under Chapter 4757. of the Revised Code from the 1,083
requirement to report information concerning child abuse or 1,084
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 1,086
division (A) of section 3109.052 of the Revised Code or otherwise 1,087
issued in any proceeding for divorce, dissolution, legal 1,088
separation, annulment, or the allocation of parental rights and 1,089
responsibilities for the care of children, in any action or 1,090
proceeding, other than a criminal, delinquency, child abuse, 1,091
child neglect, or dependent child action or proceeding, that is 1,092
brought by or against either parent who takes part in mediation 1,093
in accordance with the order and that pertains to the mediation 1,094
process, to any information discussed or presented in the 1,095
mediation process, to the allocation of parental rights and 1,096
responsibilities for the care of the parents' children, or to the 1,097
awarding of visitation rights in relation to their children; 1,098
(I) A communications assistant, acting within the scope of 1,100
the communication assistant's authority, when providing 1,101
telecommunications relay service pursuant to section 4931.35 of 1,103
the Revised Code or Title II of the "Communications Act of 1934," 1,104
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 1,105
made through a telecommunications relay service. Nothing in this 1,107
section shall limit the obligation of a communications assistant 1,108
27
to divulge information or testify when mandated by federal law or 1,109
regulation or pursuant to subpoena in a criminal proceeding.
Nothing in this section shall limit any immunity or 1,111
privilege granted under federal law or regulation. 1,112
(J)(1) A CHIROPRACTOR IN A CIVIL PROCEEDING CONCERNING A 1,114
COMMUNICATION MADE TO THE CHIROPRACTOR BY A PATIENT IN THAT 1,115
RELATION OR THE CHIROPRACTOR'S ADVICE TO A PATIENT, EXCEPT AS 1,116
OTHERWISE PROVIDED IN THIS DIVISION. 1,117
THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER THIS DIVISION 1,119
DOES NOT APPLY, AND A CHIROPRACTOR MAY TESTIFY OR MAY BE 1,120
COMPELLED TO TESTIFY, IN ANY CIVIL ACTION, IN ACCORDANCE WITH THE 1,121
DISCOVERY PROVISIONS OF THE RULES OF CIVIL PROCEDURE IN 1,122
CONNECTION WITH A CIVIL ACTION, OR IN CONNECTION WITH A CLAIM 1,124
UNDER CHAPTER 4123. OF THE REVISED CODE, UNDER ANY OF THE 1,125
FOLLOWING CIRCUMSTANCES: 1,126
(a) IF THE PATIENT OR THE GUARDIAN OR OTHER LEGAL 1,128
REPRESENTATIVE OF THE PATIENT GIVES EXPRESS CONSENT. 1,129
(b) IF THE PATIENT IS DECEASED, THE SPOUSE OF THE PATIENT 1,131
OR THE EXECUTOR OR ADMINISTRATOR OF THE PATIENT'S ESTATE GIVES 1,133
EXPRESS CONSENT.
(c) IF A MEDICAL CLAIM, DENTAL CLAIM, CHIROPRACTIC CLAIM, 1,136
OR OPTOMETRIC CLAIM, AS DEFINED IN SECTION 2305.11 OF THE REVISED 1,137
CODE, AN ACTION FOR WRONGFUL DEATH, ANY OTHER TYPE OF CIVIL 1,139
ACTION, OR A CLAIM UNDER CHAPTER 4123. OF THE REVISED CODE IS 1,141
FILED BY THE PATIENT, THE PERSONAL REPRESENTATIVE OF THE ESTATE 1,142
OF THE PATIENT IF DECEASED, OR THE PATIENT'S GUARDIAN OR OTHER 1,143
LEGAL REPRESENTATIVE.
(2) IF THE TESTIMONIAL PRIVILEGE DESCRIBED IN DIVISION 1,146
(J)(1) OF THIS SECTION DOES NOT APPLY AS PROVIDED IN DIVISION 1,147
(J)(1)(c) OF THIS SECTION, A CHIROPRACTOR MAY BE COMPELLED TO 1,148
TESTIFY OR TO SUBMIT TO DISCOVERY UNDER THE RULES OF CIVIL 1,149
PROCEDURE ONLY AS TO A COMMUNICATION MADE TO THE CHIROPRACTOR BY 1,150
THE PATIENT IN QUESTION IN THAT RELATION, OR THE CHIROPRACTOR'S 1,151
ADVICE TO THE PATIENT IN QUESTION, THAT RELATED CAUSALLY OR 1,152
28
HISTORICALLY TO PHYSICAL OR MENTAL INJURIES THAT ARE RELEVANT TO 1,153
ISSUES IN THE MEDICAL CLAIM, DENTAL CLAIM, CHIROPRACTIC CLAIM, OR 1,154
OPTOMETRIC CLAIM, ACTION FOR WRONGFUL DEATH, OTHER CIVIL ACTION, 1,155
OR CLAIM UNDER CHAPTER 4123. OF THE REVISED CODE. 1,156
(3) THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER THIS 1,158
DIVISION DOES NOT APPLY, AND A CHIROPRACTOR MAY TESTIFY OR BE 1,159
COMPELLED TO TESTIFY, IN ANY CRIMINAL ACTION OR ADMINISTRATIVE 1,160
PROCEEDING.
(4) AS USED IN THIS DIVISION, "COMMUNICATION" MEANS 1,162
ACQUIRING, RECORDING, OR TRANSMITTING ANY INFORMATION, IN ANY 1,163
MANNER, CONCERNING ANY FACTS, OPINIONS, OR STATEMENTS NECESSARY 1,164
TO ENABLE A CHIROPRACTOR TO DIAGNOSIS, TREAT, OR ACT FOR A 1,165
PATIENT. A COMMUNICATION MAY INCLUDE, BUT IS NOT LIMITED TO, ANY 1,166
CHIROPRACTIC, OFFICE, OR HOSPITAL COMMUNICATION SUCH AS A RECORD, 1,167
CHART, LETTER, MEMORANDUM, LABORATORY TEST AND RESULTS, X-RAY, 1,168
PHOTOGRAPH, FINANCIAL STATEMENT, DIAGNOSIS, OR PROGNOSIS. 1,169
Sec. 2929.24. (A) The prosecutor in any case against any 1,178
person licensed, certified, registered, or otherwise authorized 1,179
to practice under Chapter 3719., 4715., 4723., 4729., 4730., 1,180
4731., 4734., or 4741. of the Revised Code shall notify the 1,181
appropriate licensing board, on forms provided by the board, of 1,183
any of the following regarding the person: 1,184
(1) A plea of guilty to, or a conviction of, a felony, or 1,186
a court order dismissing a felony charge on technical or 1,188
procedural grounds;
(2) A plea of guilty to, or a conviction of, a misdemeanor 1,190
committed in the course of practice or in the course of business, 1,192
or a court order dismissing such a misdemeanor charge on 1,193
technical or procedural grounds;
(3) A plea of guilty to, or a conviction of, a misdemeanor 1,195
involving moral turpitude, or a court order dismissing such a 1,196
charge on technical or procedural grounds. 1,197
(B) The report required by division (A) of this section 1,200
shall include the name and address of the person, the nature of
29
the offense, and certified copies of court entries in the action. 1,202
Sec. 3701.74. (A) As used in this section: 1,211
(1) "Hospital" means any institution registered as a 1,213
hospital with the department of health pursuant to section 1,214
3701.07 of the Revised Code. 1,215
(2) "Medical record" means any document or combination of 1,217
documents that pertains to a patient's medical history, 1,218
diagnosis, prognosis, or medical condition and that is generated 1,219
and maintained in the process of the patient's health care 1,220
treatment at a hospital. 1,221
(3) "Finalized medical record" means a medical record that 1,223
is complete according to a hospital's bylaws OR A PRACTITIONER'S 1,224
OFFICE POLICY. 1,225
(4) "Patient" means any individual who received health 1,227
care treatment at a hospital OR FROM A PRACTITIONER. 1,228
(5) "PRACTITIONER" MEANS AN INDIVIDUAL AUTHORIZED UNDER 1,230
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 1,231
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY OR AN 1,232
INDIVIDUAL LICENSED UNDER CHAPTER 4734. OF THE REVISED CODE TO 1,233
PRACTICE CHIROPRACTIC.
(B) A hospital OR PRACTITIONER shall prepare a finalized 1,235
medical record for each patient who receives health care 1,237
treatment at the hospital OR FROM THE PRACTITIONER, within a 1,238
reasonable time after treatment. 1,239
(C) A patient who wishes to examine or obtain a copy of 1,241
part or all of a finalized medical record covering a prior 1,242
inpatient stay or outpatient PERIOD OF treatment shall submit to 1,243
the hospital OR PRACTITIONER a signed, written request dated not 1,244
more than sixty days before the date on which it is submitted. 1,246
The patient who wishes to obtain a copy of the record shall 1,247
indicate in the request whether the copy is to be sent to the 1,248
patient's residence or held for the patient at the hospital OR BY 1,249
THE PRACTITIONER. Within a reasonable time after receiving a 1,251
request that meets the requirements of this division and includes 1,252
30
sufficient information to identify the record requested, the 1,253
hospital OR PRACTITIONER shall permit the patient to examine the 1,254
record during regular business hours or shall provide a copy of
the record in accordance with the request, except that if a 1,255
physician PRACTITIONER who has treated the patient determines for 1,257
clearly stated treatment reasons that disclosure of the requested 1,258
record is likely to have an adverse effect on the patient, the 1,259
hospital OR PRACTITIONER shall provide the record to a physician 1,260
PRACTITIONER designated by the patient. The hospital OR 1,261
PRACTITIONER shall take reasonable steps to establish the 1,263
identity of the patient examining, or requesting a copy of, the 1,264
patient's record.
(D) If a hospital OR PRACTITIONER fails to furnish a 1,266
finalized medical record as required by division (C) of this 1,267
section, the patient who requested the record may bring a civil 1,268
action to enforce the patient's right of access to the record. 1,269
(E) This section does not apply to medical records whose 1,271
release is covered by Chapter 1347. or 5122. of the Revised Code 1,272
or by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug 1,273
Abuse Patient Records." Nothing in this section is intended to 1,274
supersede the confidentiality provisions of sections 2305.24 to 1,275
2305.251 of the Revised Code. 1,276
Sec. 3719.12. Unless a report has been made pursuant to 1,285
section 2929.24 of the Revised Code, on the conviction of a 1,287
manufacturer, wholesaler, terminal distributor of dangerous 1,288
drugs, pharmacist, pharmacy intern, dentist, doctor of medicine 1,289
or osteopathic medicine CHIROPRACTOR, PHYSICIAN, podiatrist, 1,290
registered nurse, licensed practical nurse, physician assistant, 1,292
optometrist, or veterinarian of the violation of this chapter or 1,294
Chapter 2925. of the Revised Code, the prosecutor in the case 1,295
promptly shall report the conviction to the board that licensed, 1,296
certified, or registered the person to practice or to carry on 1,298
business. The responsible board shall provide forms to the 1,299
prosecutor. Within thirty days of the receipt of this 1,301
31
information, the board shall initiate action in accordance with 1,303
Chapter 119. of the Revised Code to determine whether to suspend
or revoke the person's license, certificate, or registration. 1,304
Sec. 3719.121. (A) Except as otherwise provided in 1,313
section 4723.28, 4723.35, 4730.25, or 4731.22, 4734.39, OR 1,315
4734.41 of the Revised Code, the license, certificate, or 1,316
registration of any dentist, doctor of medicine or osteopathic 1,318
medicine CHIROPRACTOR, PHYSICIAN, podiatrist, registered nurse, 1,319
licensed practical nurse, physician assistant, pharmacist, 1,320
pharmacy intern, optometrist, or veterinarian who is or becomes 1,322
addicted to the use of controlled substances shall be suspended 1,324
by the board that authorized the person's license, certificate, 1,325
or registration until the person offers satisfactory proof to the 1,327
board that the person no longer is addicted to the use of
controlled substances. 1,328
(B) If the board under which a person has been issued a 1,331
license, certificate, or evidence of registration determines that 1,333
there is clear and convincing evidence that continuation of the 1,334
person's professional practice or method of prescribing or 1,335
personally furnishing controlled substances presents a danger of 1,338
immediate and serious harm to others, the board may suspend the 1,339
person's license, certificate, or registration without a hearing. 1,340
Except as otherwise provided in sections 4715.30, 4723.281, 1,341
4729.16, 4730.25, and 4731.22, AND 4734.36 of the Revised Code, 1,343
the board shall follow the procedure for suspension without a 1,344
prior hearing in section 119.07 of the Revised Code. The 1,345
suspension shall remain in effect, unless removed by the board, 1,346
until the board's final adjudication order becomes effective, 1,347
except that if the board does not issue its final adjudication 1,348
order within ninety days after the hearing, the suspension shall 1,349
be void on the ninety-first day after the hearing. 1,350
(C) On receiving notification pursuant to section 2929.24 1,352
or 3719.12 of the Revised Code, the board under which a person 1,353
has been issued a license, certificate, or evidence of 1,354
32
registration immediately shall suspend the license, certificate, 1,356
or registration of that person on a plea of guilty to, a finding 1,359
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 1,361
eligibility for intervention in lieu of conviction; a plea of 1,363
guilty to, or a finding by a jury or court of the person's guilt 1,364
of, or the person's conviction of an offense in another 1,365
jurisdiction that is essentially the same as a felony drug abuse 1,366
offense; or a finding by a court of the person's eligibility for 1,367
treatment or intervention in lieu of conviction in another 1,368
jurisdiction. The board shall notify the holder of the license, 1,369
certificate, or registration of the suspension, which shall 1,370
remain in effect until the board holds an adjudicatory hearing 1,372
under Chapter 119. of the Revised Code. 1,373
Sec. 3729.40. (A) The Ohio health care data center shall 1,383
conduct annually a survey of the educational background, 1,385
demographic characteristics, and professional practices of 1,386
persons licensed, certified, or registered by the following: the 1,387
STATE chiropractic examining board; the counselor and social 1,389
worker board; the state medical board; the board of nursing; the
Ohio occupational therapy, physical therapy, and athletic 1,390
trainers board; the state board of optometry; and the state board 1,391
of psychology. The public health council shall adopt rules in 1,392
accordance with Chapter 119. of the Revised Code governing the 1,393
information to be included in the survey and the process for 1,394
conducting it. The department of administrative services shall
provide the Ohio health care data center with the full names, 1,395
types of licenses, and business addresses, that the central 1,396
service agency maintains under section 125.22 of the Revised Code 1,397
regarding persons licensed, certified, or registered by the 1,398
boards specified in this division. The state medical board shall
provide the center with similar information regarding persons 1,399
licensed, certified, or registered by the board. The survey 1,400
results shall be used exclusively for statistical purposes and 1,402
33
shall be released only in their entirety. 1,403
(B) Each medical school in this state shall disclose 1,405
annually to the center, in the form and manner prescribed by the 1,406
center, all of the following information: 1,407
(1) The number of entering medical students, according to 1,409
state and county of residence prior to entering; 1,410
(2) The number of graduates entering primary care medical 1,412
residencies in comparison with those entering specialized fields, 1,413
according to location and type of residency; 1,414
(3) The number of its graduates completing either primary 1,416
care or specialty residencies who: 1,417
(a) Proceed directly to practice, according to state and 1,419
county of practice; 1,420
(b) Proceed directly to specialty residency or 1,422
fellowships. 1,423
(4) The number of its graduates completing specialty 1,425
residency fellowships who proceed to practice, according to state 1,426
and county of practice. 1,427
(C) Each school of nursing and school of allied health 1,429
education in this state that awards baccalaureate degrees shall 1,430
disclose annually to the center, in the form and manner 1,431
prescribed by the center, all of the following information: 1,432
(1) The number of baccalaureate graduates who proceed 1,434
directly to practice, according to state and county of practice; 1,435
(2) The number of baccalaureate graduates who proceed 1,437
directly to post-baccalaureate training; 1,438
(3) The number of its baccalaureate graduates who complete 1,440
post-baccalaureate training and proceed to practice, according to 1,441
state and county of practice. 1,442
Sec. 4734.01. AS USED IN THIS CHAPTER, THE "PRACTICE OF 1,444
CHIROPRACTIC" MEANS UTILIZATION OF THE RELATIONSHIP BETWEEN THE 1,446
MUSCULO-SKELETAL STRUCTURES OF THE BODY, THE SPINAL COLUMN, AND 1,447
THE NERVOUS SYSTEM IN THE RESTORATION AND MAINTENANCE OF HEALTH, 1,448
IN CONNECTION WITH WHICH PATIENT CARE IS CONDUCTED WITH DUE 1,449
34
REGARD FOR FIRST AID, HYGIENIC, NUTRITIONAL, AND REHABILITATIVE 1,450
PROCEDURES AND THE SPECIFIC VERTEBRAL ADJUSTMENT AND MANIPULATION 1,451
OF THE ARTICULATIONS AND ADJACENT TISSUES OF THE BODY. 1,452
Sec. 4734.01 4734.02. Within thirty days after the 1,461
effective date of this section the governor shall appoint a THE 1,463
chiropractic examining board IS HEREBY RENAMED THE STATE 1,465
CHIROPRACTIC BOARD. ANY REFERENCE IN THE REVISED CODE TO THE 1,466
CHIROPRACTIC EXAMINING BOARD MEANS THE STATE CHIROPRACTIC BOARD. 1,467
THE BOARD SHALL ASSUME AND EXERCISE ALL OF THE DUTIES 1,470
CONFERRED ON IT BY THIS CHAPTER CONCERNING THE PRACTICE OF 1,472
CHIROPRACTIC, CHIROPRACTORS, AND THE REGULATION THEREOF.
MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE GOVERNOR 1,476
WITH THE ADVICE AND CONSENT OF THE SENATE. THE BOARD SHALL BE 1,477
composed of four chiropractors, each of whom shall be a graduate 1,480
of an incorporated school or college of chiropractic and who 1,481
shall have been engaged in the practice of their profession in 1,482
this state for at least five years next preceding the effective 1,484
date of this section, and not more than two to be graduates of 1,485
any one school. A AND A fifth member shall be a lay person 1,487
representing the public. No member of the board shall be a 1,489
trustee of any school or college of chiropractic, and each THE 1,491
PUBLIC MEMBER SHALL NOT BE CONNECTED IN ANY MANNER, OTHER THAN AS 1,492
A CHIROPRACTIC PATIENT, WITH ANY CHIROPRACTOR OR CHIROPRACTIC 1,494
PRACTICE OR ANY ENTITY THAT ROUTINELY ENGAGES IN BUSINESS WITH 1,495
MEMBERS OF THE CHIROPRACTIC PROFESSION. EACH professional 1,497
member, AT THE TIME OF APPOINTMENT, shall be engaged in full-time 1,498
practice in the THIS state AND SHALL HAVE BEEN LICENSED BY THE 1,500
BOARD FOR AT LEAST FIVE YEARS. Of the initial appointments made 1,501
to the board two of the members shall be appointed for a term 1,503
ending two years after the effective date of this section, two 1,504
for a term ending three years after that date, and one for a term 1,505
ending four years after that date. Thereafter, terms 1,506
TERMS of office shall be for four years, WITH each term 1,510
ending on the same day of the same month of the year as did the 1,511
35
term which it succeeds. Each member shall hold office from the 1,512
date of his appointment until the end of the term for which he 1,513
was appointed. NO INDIVIDUAL SHALL SERVE FOR MORE THAN TWO FULL 1,514
TERMS. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 1,515
ORIGINAL APPOINTMENTS. Any member appointed to fill a vacancy 1,517
occurring prior to the expiration of the term for which his THE 1,518
MEMBER'S predecessor was appointed shall hold office for the 1,520
remainder of such THAT term. Any A member shall continue in 1,521
office subsequent to the expiration date of his THE MEMBER'S term 1,523
until his THE MEMBER'S successor takes office, or until a period 1,525
of sixty days has elapsed, whichever occurs first. No individual 1,527
shall serve for more than two four-year terms. All appointments 1,528
made by the governor shall be with the advice and consent of the 1,529
senate. Any vacancies occurring on the board shall be filled by 1,530
the governor for the unexpired term with the advice and consent 1,531
of the senate.
Sec. 4734.04 4734.03. Each member of the STATE 1,540
chiropractic examining board shall be paid at the appropriate 1,543
rate for those days on which his THE MEMBER'S services or duties 1,544
are required. Each member of the board shall be paid at the rate 1,545
established pursuant to division (J) of section 124.15 of the 1,546
Revised Code and shall not receive step advancements. In 1,547
addition, each board member shall receive his THE MEMBER'S 1,549
necessary expenses. 1,550
Sec. 4734.03 4734.04. (A) The STATE chiropractic 1,560
examining board shall hold its annual meeting in this state in 1,561
September of each year and shall hold other meetings at the times 1,562
and places that a majority of the board directs. The A SPECIAL 1,565
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 1,566
MEETING SHALL BE CALLED BY THE BOARD'S EXECUTIVE DIRECTOR. 1,567
A MAJORITY OF THE BOARD CONSTITUTES A QUORUM FOR THE 1,569
TRANSACTION OF BUSINESS. EXCEPT WHEN ACTION IS TAKEN ON BEHALF 1,570
OF THE BOARD BY THE BOARD'S PRESIDENT UNDER DIVISION (A) OF 1,571
36
SECTION 4734.05 OF THE REVISED CODE, THE BOARD MAY NOT TAKE ANY 1,572
ACTION WITHOUT THE CONCURRENCE OF THREE MEMBERS. THE BOARD SHALL
MAKE RULES AS NECESSARY TO GOVERN ITS INTERNAL MANAGEMENT. 1,573
(B) THE board shall keep a record of its proceedings 1,577
MEETINGS and OTHER OFFICIAL ACTIONS, INCLUDING a register of all 1,579
applicants for licensure to practice chiropractic. The register 1,580
shall show whether an applicant for licensure was rejected or was 1,582
granted a license. The books BOARD'S RECORDS and register of the 1,583
board shall be prima-facie evidence of all matters recorded in 1,585
them. The board shall have ADOPT a common seal, shall formulate 1,586
rules to govern its actions, and, consistent with section 1,587
4734.091 of the Revised Code, shall adopt rules governing the 1,588
practice of chiropractic. The board shall adopt rules under this 1,591
chapter according to the procedure of Chapter 119. of the Revised 1,592
Code WHICH MAY BE USED TO AUTHENTICATE ITS OFFICIAL DOCUMENTS. 1,593
Sec. 4734.02 4734.05. (A) The members of the STATE 1,603
chiropractic examining board, within thirty days after their 1,604
appointment, shall meet and elect ORGANIZE BY ELECTING FROM ITS 1,605
MEMBERS a president from their own number, and elect or appoint a 1,606
secretary who need not be one of their number. The president 1,608
shall hold his office for two years and until his THE PRESIDENT'S 1,609
successor is elected and qualified. Any member and the secretary 1,610
may administer oaths. The secretary TAKES OFFICE. ELECTIONS FOR 1,613
BOARD PRESIDENT SHALL BE HELD AT EVERY OTHER ANNUAL MEETING OF 1,614
THE BOARD HELD IN THIS STATE IN SEPTEMBER. 1,615
THE PRESIDENT, SUBJECT TO THE BOARD'S APPROVAL, MAY 1,617
DESIGNATE ANOTHER MEMBER OF THE BOARD TO SERVE AS VICE-PRESIDENT 1,618
TO FULFILL THE PRESIDENT'S DUTIES IN THE EVENT THAT THE PRESIDENT 1,620
IS ABSENT OR INCAPACITATED. THE VICE-PRESIDENT MAY PERFORM ANY 1,621
ACTION THAT THE PRESIDENT IS AUTHORIZED TO PERFORM. 1,622
THE PRESIDENT MAY MAKE DECISIONS ON BEHALF OF THE BOARD AS 1,625
FOLLOWS:
(1) A DECISION REGARDING BOARD ACTIVITIES MAY BE MADE BY 1,628
THE PRESIDENT IF THE PRESIDENT CONSIDERS THE DECISION TO BE MINOR 1,629
37
AND DETERMINES THAT MAKING THE DECISION WILL FACILITATE THE 1,630
RESPONSIVENESS AND EFFECTIVENESS OF THE BOARD;
(2) A DECISION INVOLVING A SITUATION THAT REQUIRES 1,632
IMMEDIATE BOARD ATTENTION MAY BE MADE BY THE PRESIDENT IF THE 1,633
CIRCUMSTANCES SURROUNDING THE SITUATION MAKE HOLDING A BOARD 1,634
MEETING IMPRACTICAL. AT THE EARLIEST TIME POSSIBLE, THE 1,635
PRESIDENT SHALL REPORT THE DECISION TO THE MEMBERS OF THE BOARD 1,636
AND THE BOARD SHALL MEET TO RATIFY OR NULLIFY THE DECISION. 1,638
(B) THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR WHO 1,642
SHALL SERVE AS THE BOARD'S SECRETARY AND SHALL PERFORM ALL OTHER 1,643
DUTIES PRESCRIBED BY THE BOARD OR THIS CHAPTER. WHILE SERVING AS
EXECUTIVE DIRECTOR, THE INDIVIDUAL APPOINTED SHALL RESIDE IN THIS 1,645
STATE AND MAY NOT SERVE AS A MEMBER OF THE BOARD. 1,646
THE EXECUTIVE DIRECTOR SHALL BE IN THE UNCLASSIFIED SERVICE 1,649
OF THIS STATE. THE BOARD SHALL FIX THE EXECUTIVE DIRECTOR'S 1,650
COMPENSATION AND REIMBURSE THE EXECUTIVE DIRECTOR FOR NECESSARY 1,651
EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES. PRIOR 1,652
TO ENTERING INTO THE OFFICIAL DUTIES OF OFFICE, THE EXECUTIVE 1,653
DIRECTOR SHALL TAKE AND SUBSCRIBE AN OATH OF OFFICE AND shall 1,655
give to the treasurer of the state a bond in the penal sum of
five FIFTY thousand dollars with sufficient sureties to be 1,656
approved by the governor for the faithful discharge of his THE 1,658
duties. The secretary shall receive his necessary expenses 1,660
incurred in the performance of his official duties, and his 1,661
compensation shall be fixed by the board. A majority of the 1,662
board constitutes a quorum for the transaction of business. No 1,663
action of the board is valid without the concurrence of three 1,664
members. The board shall appoint and fix the compensation of 1,665
such employees as are necessary to carry out the purposes of this 1,666
chapter.
THE EXECUTIVE DIRECTOR IS THE BOARD'S APPOINTING AUTHORITY, 1,669
AS DEFINED IN SECTION 124.01 OF THE REVISED CODE. WITH THE 1,671
BOARD'S APPROVAL, THE EXECUTIVE DIRECTOR MAY APPOINT ANY 1,672
EMPLOYEES NECESSARY TO CARRY OUT THE BOARD'S FUNCTIONS, INCLUDING 1,673
38
INVESTIGATIVE PERSONNEL AND OTHER EMPLOYEES TO PERFORM 1,674
PROFESSIONAL, CLERICAL, AND SPECIAL WORK, AND MAY ESTABLISH 1,675
STANDARDS FOR THE CONDUCT OF AND THE AUTHORITY TO BE GRANTED TO 1,676
THE BOARD'S EMPLOYEES. 1,677
Sec. 4734.06. THE STATE CHIROPRACTIC BOARD MAY APPOINT 1,680
COMMITTEES OR OTHER GROUPS TO ASSIST IT IN FULFILLING ITS DUTIES. 1,681
A COMMITTEE OR GROUP MAY CONSIST OF BOARD MEMBERS, OTHER 1,682
INDIVIDUALS WITH APPROPRIATE BACKGROUNDS, OR BOTH BOARD MEMBERS 1,683
AND OTHER INDIVIDUALS WITH APPROPRIATE BACKGROUNDS. ANY 1,684
COMMITTEE OR GROUP APPOINTED SHALL ACT UNDER THE DIRECTION OF THE 1,685
BOARD AND SHALL PERFORM ITS FUNCTIONS WITHIN THE LIMITS 1,686
ESTABLISHED BY THE BOARD. MEMBERS OF A COMMITTEE OR GROUP MAY BE 1,687
REIMBURSED BY THE BOARD FOR ANY EXPENSES INCURRED IN THE 1,688
PERFORMANCE OF THEIR DUTIES.
Sec. 4734.07. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 1,691
STATE CHIROPRACTIC BOARD, A CURRENT OR FORMER BOARD MEMBER, AN
AGENT OF THE BOARD, A REPRESENTATIVE OF THE BOARD, OR AN EMPLOYEE 1,695
OF THE BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS 1,696
THE RESULT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION 1,697
RELATED TO OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO 1,698
THIS CHAPTER. IF ANY OF THOSE PERSONS ASKS TO BE DEFENDED BY THE 1,700
STATE AGAINST ANY CLAIM OR ACTION ARISING OUT OF ANY ACT, 1,702
OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO THE 1,703
PERSON'S OFFICIAL DUTIES, AND THE REQUEST IS MADE IN WRITING AT A 1,704
REASONABLE TIME BEFORE TRIAL AND THE PERSON REQUESTING DEFENSE 1,705
COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE CLAIM OR ACTION, 1,706
THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S DEFENSE AND 1,707
SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR SETTLEMENT. AT 1,708
NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM OR JUDGMENT THAT 1,709
IS FOR PUNITIVE OR EXEMPLARY DAMAGES.
Sec. 4734.08. Every person who receives a license to 1,718
practice chiropractic from the THE STATE chiropractic examining 1,719
board shall, before beginning the practice of his profession in 1,722
this state, record the license or a certified copy thereof with 1,724
39
the probate court of the county in which he expects to practice. 1,725
Until such license is filed for record, the holder thereof shall 1,726
exercise none of the rights or privileges conferred therein. The 1,728
probate judge shall keep in a book provided for that purpose a 1,730
complete list of all the licenses recorded by him with the date 1,732
of the recording of such licenses. Each holder of a license
shall pay to the probate court a fee of two dollars for making 1,733
such record. The probate judge shall also note the revocation or 1,734
suspension of a certificate by the chiropractic examining board, 1,736
or the death or change of location of the holder of a certificate 1,737
in the margin of a record. It shall be the duty of the 1,739
chiropractic examining board and of each certificate holder to
supply such information to the probate judge. If the holder of a 1,740
certificate changes his place of residence, he shall have the 1,742
certificate recorded by the probate judge of the county into 1,745
which he removes BECOME A MEMBER OF THE FEDERATION OF 1,746
CHIROPRACTIC LICENSING BOARDS. THE BOARD MAY PARTICIPATE IN ANY 1,747
OF THE FEDERATION'S ACTIVITIES, INCLUDING REPORTING BOARD ACTIONS 1,748
TAKEN TOWARD AN APPLICANT OR LICENSE HOLDER TO ANY DATA BANK 1,749
ESTABLISHED BY THE FEDERATION. 1,750
Sec. 4734.09. THE BOARD MAY ENTER INTO CONTRACTS WITH ANY 1,752
PERSON OR GOVERNMENT ENTITY TO CARRY OUT THE INTENT OF THIS 1,753
CHAPTER AND THE RULES ADOPTED UNDER IT, ANY OTHER APPLICABLE 1,754
STATE STATUTES OR RULES, AND ANY APPLICABLE FEDERAL STATUTES OR 1,755
REGULATIONS. 1,756
Sec. 4734.10. IN ADDITION TO RULES THAT ARE REQUIRED BY 1,760
THIS CHAPTER TO BE ADOPTED, THE STATE CHIROPRACTIC BOARD MAY
ADOPT ANY OTHER RULES NECESSARY TO GOVERN THE PRACTICE OF 1,761
CHIROPRACTIC AND TO ADMINISTER AND ENFORCE THIS CHAPTER. THE 1,762
RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE 1,764
REVISED CODE.
Sec. 4734.17 4734.14. (A)(1) No person shall ENGAGE IN 1,774
THE practice OF chiropractic without a certificate from the 1,776
chiropractic examining board, except a person to whom a current
40
or original certificate to practice chiropractic has been, VALID 1,778
LICENSE issued by the STATE chiropractic examining board under 1,780
this chapter. No 1,781
(2) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, NO 1,784
person shall advertise or announce the person as CLAIM TO BE a 1,785
chiropractor without, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC 1,786
PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION WITH THE 1,787
PERSON'S NAME, UNLESS THE PERSON HOLDS a certificate CURRENT, 1,790
VALID LICENSE from the chiropractic examining board. Subject 1,791
(3) SUBJECT to section 4734.091 4734.17 of the Revised 1,794
Code, no person who is not a licensee shall open or conduct an 1,796
office or other place for the practice of chiropractic without a 1,797
certificate LICENSE from the board. Subject 1,798
(4) SUBJECT to section 4734.091 4734.17 of the Revised 1,801
Code, no person shall conduct an office in the name of some 1,802
person who has a certificate LICENSE to practice chiropractic. 1,803
No
(5) NO person shall practice chiropractic after a 1,806
certificate has been revoked or, if a certificate has been 1,807
suspended, during the time of the suspension IN VIOLATION OF THE 1,809
PERSON'S LICENSE REVOCATION, FORFEITURE, OR SUSPENSION OR IN 1,810
VIOLATION OF ANY RESTRICTION, LIMITATION, OR CONDITION PLACED ON 1,811
THE PERSON'S LICENSE.
(6) NO PERSON SHALL EMPLOY FRAUD OR DECEPTION IN APPLYING 1,813
FOR OR SECURING A LICENSE TO PRACTICE CHIROPRACTIC OR IN RENEWING 1,814
A LICENSE TO PRACTICE CHIROPRACTIC. 1,815
(7) NO PERSON SHALL MAKE, ISSUE, OR PUBLISH, OR CAUSE TO 1,817
BE MADE, ISSUED, OR PUBLISHED, FOR THE PURPOSE OF SALE, BARTER, 1,818
OR GIFT, A LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER 1,819
WRITING OR DOCUMENT FALSELY REPRESENTING THE HOLDER OR RECEIVER 1,820
THEREOF TO BE LICENSED UNDER THIS CHAPTER OR TO BE A GRADUATE OF 1,821
A CHIROPRACTIC SCHOOL, COLLEGE, OR OTHER EDUCATIONAL INSTITUTION 1,822
OF CHIROPRACTIC, OR SELL OR DISPOSE OF, OR OFFER TO SELL OR
DISPOSE OF SUCH LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER 1,824
41
WRITING OR DOCUMENT CONTAINING SUCH FALSE REPRESENTATION OR USE 1,825
THE PERSON'S NAME, OR PERMIT IT TO BE USED, AS A SUBSCRIBER TO 1,826
SUCH FALSE AND FICTITIOUS LICENSE, CERTIFICATE, DIPLOMA, DEGREE, 1,827
OR OTHER WRITING OR DOCUMENT OR ENGAGE IN THE PRACTICE OF
CHIROPRACTIC UNDER AND BY VIRTUE OF SUCH FRAUDULENT LICENSE, 1,828
CERTIFICATE, DIPLOMA, DEGREE, OR OTHER WRITING OR DOCUMENT. 1,829
(B) A PERSON WHO HAS RETIRED FROM THE PRACTICE OF 1,831
CHIROPRACTIC IN GOOD STANDING AND DOES NOT MAINTAIN A CURRENT, 1,833
VALID LICENSE FROM THE BOARD MAY CONTINUE TO CLAIM TO BE A 1,834
CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC PHYSICIAN, 1,835
OR USE THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME, 1,837
IF THE PERSON DOES NOT ENGAGE IN THE PRACTICE OF CHIROPRACTIC OR 1,838
OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT. 1,839
A PERSON WHOSE LICENSE HAS BEEN CLASSIFIED AS INACTIVE 1,841
PURSUANT TO SECTION 4734.26 OF THE REVISED CODE MAY CONTINUE TO 1,843
CLAIM TO BE A CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR 1,844
CHIROPRACTIC PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION 1,845
WITH THE PERSON'S NAME, IF THE PERSON DOES NOT ENGAGE IN THE 1,847
PRACTICE OF CHIROPRACTIC OR OTHERWISE VIOLATE THIS CHAPTER OR THE 1,848
RULES ADOPTED UNDER IT.
(C) IN ANY PROCEEDING FOR A VIOLATION OF THIS SECTION 1,850
BROUGHT AGAINST A PERSON WHO IS NOT LICENSED UNDER THIS CHAPTER 1,851
BUT IS A GRADUATE OF A CHIROPRACTIC COLLEGE APPROVED UNDER 1,852
SECTION 4734.21 OF THE REVISED CODE, IT SHALL BE AN AFFIRMATIVE 1,853
DEFENSE THAT THE PERSON IS PERMITTED TO USE THE TERM "DOCTOR" OR 1,855
THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME, BUT 1,856
ONLY TO THE EXTENT THAT THE PERSON DOES NOT INDICATE OR ACT IN A 1,857
MANNER IMPLYING THAT THE PERSON IS LICENSED UNDER THIS CHAPTER OR 1,858
OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT. 1,860
(D) A certificate DOCUMENT that is signed by the secretary 1,863
PRESIDENT OR EXECUTIVE DIRECTOR of the board and that has affixed 1,864
the official seal of the board to the effect that it appears from 1,865
the records of the board that a certificate LICENSE to practice 1,866
chiropractic in the THIS state has not been issued to a 1,869
42
particular person, or that a certificate LICENSE, if issued, has 1,870
been revoked or suspended, shall be received as prima-facie 1,871
evidence of the record of the board in any court or before any 1,873
officer of the state. 1,874
Sec. 4734.09 4734.15. (A) The license provided for in 1,884
this chapter shall entitle the holder thereof to practice 1,885
chiropractic in this state. For the purpose of this chapter 1,886
"practice of chiropractic" or "practice as a chiropractor" means 1,887
utilization of the relationship between the musculo-skeletal 1,888
structures of the body, the spinal column and the nervous system, 1,889
in the restoration and maintenance of health, in connection with 1,890
which patient care is conducted with due regard for first aid, 1,891
hygienic, nutritional, and rehabilitative procedures and the 1,892
specific vertebral adjustment and manipulation of the 1,893
articulations and adjacent tissues of the body. The ALL OF THE 1,894
FOLLOWING APPLY TO THE PRACTICE OF CHIROPRACTIC IN THIS STATE: 1,895
(1) A chiropractor is authorized to examine, diagnose, and 1,898
assume responsibility for the care of patients. 1,899
The, ANY OR ALL OF WHICH IS INCLUDED IN THE PRACTICE OF 1,901
CHIROPRACTIC. 1,902
(2) THE practice of chiropractic does not permit the 1,904
chiropractor to treat infectious, contagious, or venereal 1,905
disease, to perform surgery or acupuncture, or to prescribe or 1,906
administer drugs for treatment, and. 1,907
(3) A CHIROPRACTOR MAY USE roentgen rays shall be used 1,909
only for diagnostic purposes. The 1,910
(4) THE practice of chiropractic does not include the 1,913
performance of abortions.
(B) An individual holding a valid, current certificate of 1,915
registration LICENSE to practice chiropractic is entitled to use 1,916
the title "doctor," or "doctor of chiropractic," "CHIROPRACTIC 1,919
PHYSICIAN," OR "CHIROPRACTOR" and is a "physician" for the 1,921
purposes of Chapter 4123. of the Revised Code, and the MEDICAID 1,922
program established under section 5111.01 OPERATED PURSUANT TO 1,923
43
CHAPTER 5111. of the Revised Code.
Sec. 4734.16. THE STATE CHIROPRACTIC BOARD MAY ESTABLISH A 1,925
CODE OF ETHICS THAT APPLIES TO CHIROPRACTORS AND THEIR PRACTICE 1,926
OF CHIROPRACTIC IN THIS STATE. THE BOARD MAY ESTABLISH THE CODE 1,927
OF ETHICS BY CREATING ITS OWN CODE OF ETHICS OR BY ADOPTING A 1,928
CODE OF ETHICS CREATED BY A STATE OR FEDERAL ORGANIZATION THAT 1,929
REPRESENTS THE INTERESTS OF CHIROPRACTORS. IF A CODE OF ETHICS 1,930
IS ESTABLISHED, THE BOARD SHALL MAINTAIN CURRENT COPIES OF THE 1,931
CODE OF ETHICS FOR DISTRIBUTION ON REQUEST. 1,932
Sec. 4734.23 4734.161. No chiropractor shall do either of 1,941
the following: 1,942
(A) Furnish a person with a prescription in order to 1,944
enable the person to be issued a removable windshield placard, 1,946
temporary removable windshield placard, or license plates under 1,947
section 4503.44 of the Revised Code, knowing that the person does 1,948
not meet any of the criteria contained in division (A)(1) of that 1,949
section;
(B) Furnish a person with a prescription described in 1,951
division (A) of this section and knowingly misstate on the 1,953
prescription the length of time the chiropractor expects the
person to have the disability that limits or impairs the person's 1,955
ability to walk in order to enable the person to retain a placard 1,957
issued under section 4503.44 of the Revised Code for a period of 1,958
time longer than that which would be estimated by a similar 1,960
practitioner under the same or similar circumstances. 1,961
Sec. 4734.091 4734.17. (A) An individual whom the STATE 1,971
chiropractic examining board licenses, certificates, or otherwise 1,972
legally authorizes to engage in the practice of chiropractic may 1,974
render the professional services of a chiropractor within this 1,975
state through a corporation formed under division (B) of section 1,976
1701.03 of the Revised Code, a limited liability company formed
under Chapter 1705. of the Revised Code, a partnership, or a 1,978
professional association formed under Chapter 1785. of the 1,980
Revised Code. This division does not preclude an individual of 1,982
44
that nature A CHIROPRACTOR from rendering professional services 1,983
as a chiropractor through another form of business entity, 1,985
including, but not limited to, a nonprofit corporation or 1,986
foundation, or in another manner that is authorized by or in 1,987
accordance with this chapter, another chapter of the Revised 1,988
Code, or rules of the STATE chiropractic examining board adopted 1,989
pursuant to this chapter.
(B) A corporation, limited liability company, partnership, 1,991
or professional association described in division (A) of this 1,992
section may be formed for the purpose of providing a combination 1,993
of the professional services of the following individuals who are 1,994
licensed, certificated, or otherwise legally authorized to 1,996
practice their respective professions:
(1) Optometrists who are authorized to practice optometry, 1,998
under Chapter 4725. of the Revised Code; 1,999
(2) Chiropractors who are authorized to practice 2,001
chiropractic under this chapter; 2,002
(3) Psychologists who are authorized to practice 2,004
psychology under Chapter 4732. of the Revised Code; 2,005
(4) Registered or licensed practical nurses who are 2,007
authorized to practice nursing as registered nurses or as 2,008
licensed practical nurses under Chapter 4723. of the Revised 2,010
Code;
(5) Pharmacists who are authorized to practice pharmacy 2,013
under Chapter 4729. of the Revised Code; 2,016
(6) Physical therapists who are authorized to practice 2,018
physical therapy under sections 4755.40 to 4755.53 of the Revised 2,020
Code; 2,021
(7) Mechanotherapists who are authorized to practice 2,023
mechanotherapy under section 4731.151 of the Revised Code; 2,026
(8) Doctors of medicine and surgery, osteopathic medicine 2,029
and surgery, or podiatric medicine and surgery who are authorized 2,030
for their respective practices under Chapter 4731. of the Revised 2,031
Code.
45
This division shall apply notwithstanding a provision of a 2,033
ANY code of ethics described in division (A)(9) of ESTABLISHED OR 2,035
ADOPTED UNDER section 4734.10 4734.16 of the Revised Code that 2,036
prohibits an individual from engaging in the practice of 2,038
chiropractic in combination with a person AN INDIVIDUAL who is 2,039
licensed, certificated, or otherwise authorized for the practice 2,040
of optometry, psychology, nursing, pharmacy, physical therapy, 2,041
mechanotherapy, medicine and surgery, osteopathic medicine and 2,042
surgery, or podiatric medicine and surgery, but who is not also 2,044
licensed, certificated, or otherwise legally authorized UNDER 2,045
THIS CHAPTER to engage in the practice of chiropractic. 2,046
Sec. 4734.19. A CHIROPRACTOR SHALL RETAIN AT THE 2,048
CHIROPRACTOR'S PRIMARY PRACTICE LOCATION A CURRENT COPY OF THE 2,049
STATUTES AND RULES GOVERNING THE PRACTICE OF CHIROPRACTIC IN THIS 2,050
STATE.
Sec. 4734.05 4734.20. Each (A) EXCEPT FOR PERSONS SEEKING 2,060
TO PRACTICE CHIROPRACTIC UNDER A SPECIAL LIMITED LICENSE ISSUED 2,061
PURSUANT TO SECTION 4734.27 OF THE REVISED CODE, EACH person 2,065
wishing SEEKING to practice chiropractic and be approved for 2,066
examination for licensure in the THIS state shall make written 2,068
application APPLY IN WRITING TO THE STATE CHIROPRACTIC BOARD FOR 2,069
A LICENSE TO PRACTICE CHIROPRACTIC. THE APPLICATION SHALL BE
MADE under oath, on a form prescribed by the board, to the 2,072
chiropractic examining board, such application to AND SHALL be 2,074
accompanied by a fee of two hundred fifty dollars. The board
shall issue licenses semiannually upon 2,075
(B) EXCEPT AS PROVIDED IN SECTIONS 4734.23 AND 4734.24 OF 2,078
THE REVISED CODE, TO RECEIVE A CHIROPRACTIC LICENSE, AN APPLICANT 2,079
MUST MEET the following conditions:
(A)(1) The applicant shows to the satisfaction of the 2,081
board that he is MUST BE at least twenty-one years of age, is BE 2,084
of good moral character, and possesses POSSESS a high school 2,086
education or its equivalent; 2,087
(B) The. 2,089
46
(2) THE APPLICANT MUST HAVE SUCCESSFULLY COMPLETED, PRIOR 2,091
TO MATRICULATION AT A SCHOOL OR COLLEGE OF CHIROPRACTIC, AT LEAST 2,092
TWO YEARS OF COLLEGE CREDIT IN THE ARTS AND SCIENCES AT A COLLEGE 2,094
OR UNIVERSITY ACCREDITED BY A STATE OR REGIONAL ACCREDITING 2,095
ORGANIZATION RECOGNIZED BY THE BOARD, EXCEPT THAT THE BOARD MAY
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 2,097
THAT REQUIRE COMPLETION OF ADDITIONAL YEARS OF COLLEGE CREDIT OR 2,098
RECEIPT OF A COLLEGE DEGREE IN AN AREA SPECIFIED IN THE RULES. 2,099
(3) THE applicant is MUST BE a graduate of an approved AND 2,102
HOLD THE DEGREE OF DOCTOR OF CHIROPRACTIC FROM A school or 2,103
college of chiropractic approved by the board, requiring for 2,105
graduation a course of study of not less than four thousand class 2,106
hours of forty-five minutes per class hour; 2,107
(C) The applicant passes a written examination before the 2,109
board and to its satisfaction in the following subjects with an 2,110
average passing grade of not less than seventy-five per cent: 2,111
(1) Principles and practice of chiropractic; 2,113
(2) Anatomy; 2,115
(3) Physiology; 2,117
(4) Chemistry; 2,119
(5) Pathology; 2,121
(6) Bacteriology; 2,123
(7) Diagnosis; 2,125
(8) Hygiene; 2,127
(9) Such additional subjects as the board considers 2,129
appropriate. 2,130
Examinations shall be conducted in the city of Columbus in 2,132
February and August of each year to determine the professional 2,133
qualifications of applicants for registration as chiropractors 2,134
UNDER SECTION 4734.21 OF THE REVISED CODE. 2,135
(4) THE APPLICANT MUST HAVE RECEIVED ONE OF THE FOLLOWING 2,138
FROM THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS, AS APPROPRIATE 2,139
ACCORDING TO THE DATE OF THE APPLICANT'S GRADUATION FROM A SCHOOL 2,140
OR COLLEGE OF CHIROPRACTIC: 2,141
47
(a) IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1, 2,144
1970, BUT BEFORE JANUARY 1, 1989, A "DIPLOMATE CERTIFICATE" OR 2,146
"CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS I AND II 2,148
AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL BOARD'S 2,149
EXAMINATIONS;
(b) IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1, 2,152
1989, BUT BEFORE JANUARY 1, 2000, A "CERTIFICATE OF ATTAINMENT" 2,154
EVIDENCING PASSAGE OF PARTS I, II, AND III AND THE PHYSIOTHERAPY 2,157
SECTION OF THE NATIONAL BOARD'S EXAMINATIONS; 2,158
(c) IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1, 2,161
2000, A "CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS 2,163
I, II, III, AND IV AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL 2,167
BOARD'S EXAMINATIONS.
(5) THE APPLICANT MUST HAVE PASSED THE BOARD'S 2,169
JURISPRUDENCE EXAMINATION CONDUCTED UNDER SECTION 4734.22 OF THE 2,170
REVISED CODE. 2,172
(C) THE BOARD SHALL ISSUE A LICENSE TO PRACTICE 2,175
CHIROPRACTIC TO EACH APPLICANT WHO FILES A COMPLETE APPLICATION, 2,176
PAYS ALL APPLICABLE FEES, AND MEETS THE CONDITIONS SPECIFIED IN 2,177
DIVISION (B) OF THIS SECTION. THE BURDEN OF PROOF IS ON THE 2,179
APPLICANT, TO PROVE BY CLEAR AND CONVINCING EVIDENCE TO THE 2,180
BOARD, THAT THE APPLICANT MEETS THE CONDITIONS FOR RECEIPT OF THE 2,181
LICENSE.
THE BOARD MAY CONDUCT ANY INVESTIGATION IT CONSIDERS 2,183
APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL 2,184
CHARACTER, AND FITNESS TO RECEIVE A LICENSE. IN CONDUCTING AN 2,185
INVESTIGATION, THE BOARD MAY REQUEST INFORMATION FROM THE RECORDS 2,187
MAINTAINED BY THE FEDERAL BUREAU OF INVESTIGATION, THE BUREAU OF 2,188
CRIMINAL IDENTIFICATION AND INVESTIGATION, AND ANY OTHER 2,189
REPOSITORIES OF CRIMINAL RECORDS HELD IN THIS OR ANOTHER STATE.
THE BOARD MAY CHARGE THE APPLICANT A FEE FOR CONDUCTING THE 2,190
INVESTIGATION. THE AMOUNT OF THE FEE SHALL NOT EXCEED THE 2,192
EXPENSES THE BOARD INCURS IN CONDUCTING THE INVESTIGATION AND MAY 2,193
INCLUDE ANY FEES THAT MUST BE PAID TO OBTAIN INFORMATION IN THE 2,194
48
CRIMINAL RECORD.
Sec. 4734.201. AS USED IN DIVISION (B) OF SECTION 4734.20 2,196
OF THE REVISED CODE, "PHYSIOTHERAPY" IS A REFERENCE TO A 2,197
PARTICULAR SECTION OF THE EXAMINATION OFFERED BY THE NATIONAL 2,198
BOARD OF CHIROPRACTIC EXAMINERS AND DOES NOT MEAN "PHYSIOTHERAPY" 2,199
AS THAT TERM IS USED IN RELATION TO THE PRACTICE OF PHYSICAL 2,200
THERAPY PURSUANT TO SECTIONS 4755.40 TO 4755.56 OF THE REVISED 2,202
CODE.
Sec. 4734.21. THE STATE CHIROPRACTIC BOARD SHALL EVALUATE 2,204
SCHOOLS AND COLLEGES OF CHIROPRACTIC AND APPROVE THOSE 2,205
INSTITUTIONS THAT IT DETERMINES ARE CAPABLE OF ADEQUATELY 2,206
TRAINING INDIVIDUALS FOR THE PRACTICE OF CHIROPRACTIC IN THIS 2,207
STATE, EXCEPT THAT IN APPROPRIATE CASES, THE BOARD MAY ACCEPT THE 2,209
APPROVAL OF AN INSTITUTION THAT HAS BEEN MADE PURSUANT TO AN
EVALUATION CONDUCTED BY THE COUNCIL ON CHIROPRACTIC EDUCATION OR 2,210
ANOTHER ENTITY ACCEPTABLE TO THE BOARD. 2,211
WHEN DETERMINING IF A SCHOOL OR COLLEGE OF CHIROPRACTIC 2,213
SHOULD RECEIVE THE BOARD'S APPROVAL OR CONTINUE TO BE APPROVED, 2,214
THE BOARD MAY MAKE ON-SITE INSPECTIONS, REVIEWS, AND INQUIRIES AS 2,216
IT CONSIDERS NECESSARY. THE BOARD MAY CHARGE A SCHOOL OR COLLEGE 2,217
OF CHIROPRACTIC A FEE TO COVER THE REASONABLE COSTS INCURRED BY 2,218
THE BOARD IN CONDUCTING ANY INSPECTION, REVIEW, OR INQUIRY 2,219
RELATED TO THE APPROVAL OF THE SCHOOL OR COLLEGE.
THE BOARD SHALL MAINTAIN A LIST OF SCHOOLS AND COLLEGES OF 2,221
CHIROPRACTIC APPROVED UNDER THIS SECTION. ON REQUEST, THE BOARD 2,222
SHALL PROVIDE A COPY OF THE LIST TO THE PERSON MAKING THE 2,223
REQUEST.
Sec. 4734.22. THE STATE CHIROPRACTIC BOARD OR ITS 2,225
REPRESENTATIVE SHALL ADMINISTER AN EXAMINATION ON JURISPRUDENCE, 2,226
AS IT RELATES TO THE PRACTICE OF CHIROPRACTIC, FOR INDIVIDUALS 2,227
WHO APPLY TO BE LICENSED UNDER THIS CHAPTER. THE EXAMINATION 2,229
SHALL COVER THE PROVISIONS OF THE STATUTES AND RULES GOVERNING 2,230
THE PRACTICE OF CHIROPRACTIC IN THIS STATE AND OTHER LEGAL TOPICS 2,231
CONSIDERED APPROPRIATE BY THE BOARD. THE EXAMINATION SHALL BE 2,232
49
OFFERED AT TIMES AND PLACES SELECTED BY THE BOARD AND SHALL BE 2,233
ADMINISTERED IN THE MANNER SPECIFIED BY THE BOARD. THE BOARD 2,234
SHALL DETERMINE THE SCORE THAT CONSTITUTES EVIDENCE OF PASSING 2,236
THE EXAMINATION.
Sec. 4734.06 4734.23. Any applicant who was not enrolled 2,245
and in attendance at a school or college of chiropractic approved 2,247
by the chiropractic examining board on November 3, 1975, shall, 2,248
in addition to the requirements of section 4734.05 of the Revised 2,249
Code, be required to furnish evidence to the board of 2,250
satisfactorily completing two or more years of college 2,251
accreditation in the arts and sciences in a college accredited by 2,252
a state or regional association board or commission responsible 2,253
for the accreditation and approval of secondary schools and 2,254
colleges. 2,255
The (A) A PERSON LICENSED BY ANOTHER STATE OR COUNTRY IN 2,257
THE PRACTICE OF CHIROPRACTIC MAY APPLY UNDER THIS SECTION FOR A 2,258
LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE IN LIEU OF 2,259
APPLYING UNDER SECTION 4734.20 OF THE REVISED CODE. THE FEE FOR 2,260
APPLYING UNDER THIS SECTION SHALL BE FIVE HUNDRED DOLLARS.
(B) THE STATE CHIROPRACTIC board may, without the 2,262
examination required FOR GOOD CAUSE, WAIVE ALL OR PART OF THE 2,264
EDUCATIONAL AND TESTING REQUIREMENTS SPECIFIED under section 2,267
4734.05 4734.20 of the Revised Code, AND issue a license to an 2,268
applicant UNDER THIS SECTION, if he THE APPLICANT presents 2,270
satisfactory proof of the possession of a license or certificate 2,272
of registration which has been issued to the applicant within 2,273
BEING LICENSED TO PRACTICE CHIROPRACTIC IN another state, or 2,274
within any foreign country, or if issued a certificate by the 2,275
national board of chiropractic examiners, where the requirements 2,276
for RECEIPT OF the registration or certification of the applicant 2,277
at LICENSE, ON the date of his THE license WAS ISSUED, are 2,280
considered by the chiropractic examining board to be 2,281
substantially equivalent to those of this chapter. The fee for 2,282
each such license shall be two hundred fifty dollars APPLICANT 2,284
50
MUST MEET THE SAME AGE AND MORAL CHARACTER REQUIREMENTS THAT MUST 2,285
BE MET UNDER SECTION 4734.20 OF THE REVISED CODE. IF THE BOARD 2,286
DOES NOT WAIVE ALL OF THE EDUCATIONAL AND TESTING REQUIREMENTS, 2,287
THE BOARD MAY REQUIRE THAT THE APPLICANT COMPLETE AND RECEIVE A 2,288
SCORE SPECIFIED BY THE BOARD ON ONE OR MORE TESTS ADMINISTERED BY 2,291
THE BOARD OR BY THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS OR 2,292
ANOTHER TESTING ENTITY. 2,293
Sec. 4734.19 4734.24. Any person who is WAS actively 2,303
engaged in the practice of chiropractic in this state on the 2,304
effective date of this section NOVEMBER 3, 1975, who, on that 2,305
date, holds HELD a valid, current certificate issued by the state 2,307
medical board under THE FORMER PROVISIONS OF Chapter 4731. of the 2,308
Revised Code authorizing him THE PERSON to practice chiropractic, 2,311
is deemed to possess the requisite educational and professional
qualifications to practice chiropractic in this state. 2,312
Sec. 4734.07 4734.25. Every person who receives a A 2,322
license to practice chiropractic from the STATE chiropractic 2,323
examining board shall thereafter apply to the board for renewal 2,325
EXPIRES ANNUALLY ON THE FIRST DAY OF JANUARY AND MAY BE RENEWED. 2,326
THE RENEWAL PROCESS SHALL BE CONDUCTED in accordance with section 2,328
4745.02 THE STANDARD RENEWAL PROCEDURES OF CHAPTER 4745. of the 2,329
Revised Code, EXCEPT THAT THE BOARD'S EXECUTIVE DIRECTOR SHALL 2,330
NOTIFY EACH LICENSE HOLDER OF THE LICENSE RENEWAL REQUIREMENTS OF 2,331
THIS SECTION NOT LATER THAN SIXTY DAYS PRIOR TO THE LICENSE'S 2,332
EXPIRATION DATE. WHEN AN APPLICATION FOR RENEWAL IS SUBMITTED,
THE APPLICANT SHALL PROVIDE THE INFORMATION NECESSARY TO PROCESS 2,333
THE APPLICATION and pay a renewal fee of two hundred fifty 2,337
dollars on or before the first day of January of each succeeding 2,338
year. Before
BEFORE a renewal of license is issued by the board, each 2,341
THE licensee shall furnish the board with satisfactory evidence 2,342
that the licensee has attended COMPLETED DURING THE CURRENT 2,343
LICENSING PERIOD not less than one two-day educational program 2,344
conducted in Ohio by the Ohio state chiropractic association or 2,345
51
the equivalent of such educational program held in the state as 2,346
approved by the board THE NUMBER OF HOURS OF CONTINUING EDUCATION 2,347
THAT THE BOARD REQUIRES IN RULES ADOPTED UNDER THIS SECTION. FOR 2,348
AN ACTIVITY TO BE APPLIED TOWARD THE CONTINUING EDUCATION 2,349
REQUIREMENT, THE ACTIVITY MUST MEET THE BOARD'S APPROVAL AS A 2,350
CONTINUING EDUCATION ACTIVITY, AS SPECIFIED IN RULES ADOPTED 2,351
UNDER THIS SECTION. Any exception from the CONTINUING EDUCATION 2,352
requirement for attendance at such educational programs may MUST 2,354
be approved by the board. The secretary of the board shall, at 2,356
least sixty days prior to the first day of January of each year, 2,357
notify each licensee, at the licensee's last known address, of 2,358
the provisions of this section. Failure
FAILURE of a licensee to comply with this section, and 2,362
INCLUDING failure to pay the renewal fee on or before the first 2,364
day of January of each succeeding year, shall operate as a AN 2,365
AUTOMATIC forfeiture of the right of the licensee to practice the 2,367
licensee's profession CHIROPRACTIC in this state. The licensee A 2,369
FORFEITED LICENSE may be reinstated by the board upon payment of 2,371
all fees due and a penalty fee of one hundred fifty dollars for
reinstatement, in addition to satisfying the board of compliance 2,373
HAVING COMPLIED with the educational CONTINUING EDUCATION 2,375
requirements under OF this section. IF AN INDIVIDUAL'S LICENSE 2,376
HAS BEEN FORFEITED FOR TWO OR MORE YEARS, THE BOARD MAY ALSO 2,378
REQUIRE AS A CONDITION OF REINSTATEMENT THAT THE INDIVIDUAL 2,379
COMPLETE TRAINING OR TESTING AS SPECIFIED BY THE BOARD. 2,380
THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY TO 2,382
IMPLEMENT THIS SECTION, INCLUDING STANDARDS FOR APPROVAL OF 2,383
CONTINUING EDUCATION IN THE PRACTICE OF CHIROPRACTIC. ALL RULES 2,384
ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN ACCORDANCE WITH 2,386
CHAPTER 119. OF THE REVISED CODE.
Sec. 4734.26. (A) AN INDIVIDUAL LICENSED UNDER THIS 2,388
CHAPTER WHO INTENDS NOT TO PRACTICE IN THIS STATE FOR AN EXTENDED 2,391
PERIOD MAY SEND TO THE STATE CHIROPRACTIC BOARD WRITTEN NOTICE TO 2,393
THAT EFFECT ON OR BEFORE THE LICENSE RENEWAL DATE. IF THE
52
INDIVIDUAL'S LICENSE IS IN GOOD STANDING AND THE INDIVIDUAL IS 2,394
NOT UNDER DISCIPLINARY REVIEW PURSUANT TO SECTION 4734.31 OF THE 2,395
REVISED CODE, THE BOARD SHALL CLASSIFY THE LICENSE AS INACTIVE. 2,396
DURING THE PERIOD THAT THE LICENSE IS CLASSIFIED AS INACTIVE, THE 2,397
INDIVIDUAL MAY NOT ENGAGE IN THE PRACTICE OF CHIROPRACTIC IN THIS 2,398
STATE OR MAKE ANY REPRESENTATION TO THE PUBLIC INDICATING THAT 2,399
THE PERSON IS ACTIVELY LICENSED UNDER THIS CHAPTER. AN 2,400
INDIVIDUAL WHOSE LICENSE IS CLASSIFIED AS INACTIVE IS NOT 2,401
REQUIRED TO PAY THE LICENSE RENEWAL FEE FOR THE LICENSE. 2,402
(B) THE HOLDER OF AN INACTIVE LICENSE MAY APPLY TO THE 2,404
BOARD TO HAVE THE LICENSE RESTORED. THE BOARD SHALL CONSIDER THE 2,406
LENGTH OF INACTIVITY AND, IN ACCORDANCE WITH THE STANDARDS FOR 2,408
ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION 4734.20 OF THE 2,409
REVISED CODE, THE MORAL CHARACTER AND THE ACTIVITIES OF THE 2,410
APPLICANT DURING THE INACTIVE LICENSE PERIOD. THE BOARD MAY 2,412
IMPOSE TERMS AND CONDITIONS ON RESTORATION OF THE LICENSE BY 2,413
DOING ANY OF THE FOLLOWING: 2,414
(1) REQUIRING THE APPLICANT TO OBTAIN TRAINING, WHICH MAY 2,416
INCLUDE REQUIRING THE APPLICANT TO PASS AN EXAMINATION UPON 2,419
COMPLETION OF THE TRAINING; 2,420
(2) REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN 2,422
EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE; 2,423
(3) RESTRICTING OR LIMITING THE EXTENT, SCOPE, OR TYPE OF 2,425
PRACTICE OF THE APPLICANT. 2,427
Sec. 4734.27. (A) TO THE EXTENT IT IS IN THE PUBLIC 2,430
INTEREST, THE STATE CHIROPRACTIC BOARD MAY ISSUE, WITHOUT 2,431
EXAMINATION, A SPECIAL LIMITED LICENSE TO PRACTICE CHIROPRACTIC 2,432
AS FOLLOWS:
(1) TO A PERSON WHO IS SEEKING TO PARTICIPATE IN AN 2,434
INTERNSHIP, RESIDENCY, PRECEPTORSHIP, OR CLINICAL FELLOWSHIP IN 2,435
THIS STATE IN PREPARATION FOR THE PRACTICE OF CHIROPRACTIC; 2,437
(2) TO A PERSON WHO PLANS TO PROVIDE CHIROPRACTIC SERVICES 2,440
IN CONNECTION WITH A SPECIAL ACTIVITY, PROGRAM, OR EVENT 2,441
CONDUCTED IN THIS STATE, IF THE PERSON HOLDS A CURRENT, VALID,
53
AND UNRESTRICTED LICENSE TO PRACTICE CHIROPRACTIC IN ANOTHER 2,442
STATE OR COUNTRY; 2,443
(3) TO A PERSON WHO PREVIOUSLY HELD AN UNRESTRICTED 2,445
LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE WHO PLANS TO OFFER 2,447
GRATUITOUS CHIROPRACTIC SERVICES AS A VOLUNTARY PUBLIC SERVICE; 2,448
(4) TO ANY OTHER PERSON FOR ANY OTHER REASON SPECIFIED AS 2,450
GOOD CAUSE BY THE BOARD IN RULES ADOPTED UNDER THIS SECTION. 2,452
(B) AN APPLICANT FOR A SPECIAL LIMITED LICENSE SHALL 2,455
SUBMIT TO THE BOARD A COMPLETE APPLICATION ON A FORM PRESCRIBED 2,456
BY THE BOARD, PAY AN APPLICATION FEE OF SEVENTY-FIVE DOLLARS, AND 2,457
FURNISH PROOF SATISFACTORY TO THE BOARD OF BEING AT LEAST 2,458
TWENTY-ONE YEARS OF AGE, OF GOOD MORAL CHARACTER, AND OF EITHER 2,459
HOLDING THE DEGREE OF DOCTOR OF CHIROPRACTIC OR BEING ENROLLED IN 2,460
A PROGRAM LEADING TO THE DEGREE. THE INSTITUTION FROM WHICH THE 2,461
APPLICANT RECEIVED THE DEGREE OR IN WHICH THE APPLICANT IS 2,462
ENROLLED MUST BE A SCHOOL OR COLLEGE THAT IS APPROVED BY THE 2,464
BOARD UNDER SECTION 4734.21 OF THE REVISED CODE.
(C) THE PROVISIONS OF THIS CHAPTER THAT APPLY TO 2,467
APPLICANTS FOR AND HOLDERS OF LICENSES TO PRACTICE CHIROPRACTIC 2,468
SHALL APPLY TO APPLICANTS FOR AND HOLDERS OF SPECIAL LIMITED 2,469
LICENSES TO THE EXTENT THE BOARD CONSIDERS APPROPRIATE, INCLUDING 2,470
THE BOARD'S AUTHORITY TO CONDUCT ANY INVESTIGATION IT CONSIDERS 2,471
APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL 2,472
CHARACTER, AND FITNESS TO RECEIVE A LICENSE AND THE BOARD'S 2,473
AUTHORITY TO TAKE ACTIONS UNDER SECTION 4734.31 OF THE REVISED 2,474
CODE.
(D) THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY 2,477
TO IMPLEMENT THIS SECTION. ALL RULES ADOPTED UNDER THIS SECTION 2,478
SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 2,481
CODE.
Sec. 4734.10 4734.31. (A) The STATE chiropractic 2,492
examining board may refuse, revoke, or suspend TAKE ANY OF THE 2,494
ACTIONS SPECIFIED IN DIVISION (B) OF THIS SECTION AGAINST AN 2,496
INDIVIDUAL WHO HAS APPLIED FOR OR HOLDS A LICENSE TO PRACTICE 2,497
54
CHIROPRACTIC IN THIS STATE IF ANY OF THE REASONS SPECIFIED IN
DIVISION (C) OF THIS SECTION FOR TAKING ACTION AGAINST AN 2,498
INDIVIDUAL ARE APPLICABLE. EXCEPT AS PROVIDED IN DIVISION (D) OF 2,499
THIS SECTION, ACTIONS TAKEN AGAINST AN INDIVIDUAL SHALL BE TAKEN 2,500
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. THE BOARD 2,501
MAY SPECIFY THAT ANY ACTION IT TAKES IS A PERMANENT ACTION. THE 2,502
BOARD'S AUTHORITY TO TAKE ACTION AGAINST AN INDIVIDUAL IS NOT 2,503
REMOVED OR LIMITED BY THE INDIVIDUAL'S FAILURE TO RENEW A
LICENSE. 2,504
(B) IN ITS IMPOSITION OF SANCTIONS AGAINST AN INDIVIDUAL, 2,506
THE BOARD MAY DO ANY OF THE FOLLOWING: 2,507
(1) REFUSE TO ISSUE, RENEW, RESTORE, OR REINSTATE A 2,510
LICENSE TO PRACTICE CHIROPRACTIC;
(2) REPRIMAND OR CENSURE A LICENSE HOLDER; 2,513
(3) PLACE LIMITS, RESTRICTIONS, OR PROBATIONARY CONDITIONS 2,516
ON A LICENSE HOLDER'S PRACTICE;
(4) IMPOSE A CIVIL FINE OF NOT MORE THAN FIVE THOUSAND 2,519
DOLLARS ACCORDING TO A SCHEDULE OF FINES SPECIFIED IN RULES THAT 2,520
THE BOARD SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE 2,521
REVISED CODE;
(5) SUSPEND A LICENSE for a limited OR INDEFINITE period, 2,523
the license of an applicant for licensure to practice 2,525
chiropractic or of a licensed chiropractor; 2,526
(6) REVOKE A LICENSE. 2,528
(C) THE BOARD MAY TAKE THE ACTIONS SPECIFIED IN DIVISION 2,530
(B) OF THIS SECTION for any of the following causes REASONS: 2,531
(1) Conviction of A PLEA OF GUILTY TO, A JUDICIAL FINDING 2,534
OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR 2,535
INTERVENTION IN LIEU OF CONVICTION FOR, a felony or of a 2,536
misdemeanor involving moral turpitude IN ANY JURISDICTION, in 2,537
either of which cases CASE a certified copy of the court record 2,540
shall be conclusive evidence, upon receipt of which the board 2,541
shall revoke or suspend the license of a chiropractor so 2,542
convicted OF THE CONVICTION;
55
(2) Any COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN 2,545
THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS 2,546
COMMITTED;
(3) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 2,548
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 2,549
CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE, AS 2,550
DETERMINED BY THE BOARD, IN WHICH CASE A CERTIFIED COPY OF THE 2,551
COURT RECORD SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER; 2,552
(4) COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT 2,554
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 2,555
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 2,556
(5) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 2,558
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 2,559
CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF 2,560
PRACTICE, IN WHICH CASE A CERTIFIED COPY OF THE COURT RECORD 2,561
SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER; 2,562
(6) COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT 2,564
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 2,565
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 2,566
(7) A VIOLATION OR ATTEMPTED violation of this chapter OR 2,570
THE RULES ADOPTED UNDER IT GOVERNING THE PRACTICE OF
CHIROPRACTIC; 2,571
(8) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 2,574
THE BOARD, INCLUDING FAILURE TO COMPLY WITH A SUBPOENA OR ORDER 2,575
ISSUED BY THE BOARD OR FAILURE TO ANSWER TRUTHFULLY A QUESTION 2,576
PRESENTED BY THE BOARD AT A DEPOSITION OR IN WRITTEN 2,577
INTERROGATORIES, EXCEPT THAT FAILURE TO COOPERATE WITH AN 2,578
INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR DISCIPLINE UNDER 2,579
THIS SECTION IF THE BOARD OR A COURT OF COMPETENT JURISDICTION 2,580
HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA OR PERMITS THE 2,581
INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE IN ISSUE; 2,582
(9) ENGAGING IN AN ONGOING PROFESSIONAL RELATIONSHIP WITH 2,584
A PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER OR 2,585
THE RULES ADOPTED UNDER IT, UNLESS THE CHIROPRACTOR MAKES A GOOD 2,587
56
FAITH EFFORT TO HAVE THE PERSON OR ENTITY COMPLY WITH THE
PROVISIONS; 2,588
(10) RETALIATING AGAINST A CHIROPRACTOR FOR THE 2,590
CHIROPRACTOR'S REPORTING TO THE BOARD OR ANY OTHER AGENCY WITH 2,591
JURISDICTION ANY VIOLATION OF THE LAW OR FOR COOPERATING WITH THE 2,592
BOARD OF ANOTHER AGENCY IN THE INVESTIGATION OF ANY VIOLATION OF 2,593
THE LAW; 2,594
(11) AIDING, ABETTING, ASSISTING, COUNSELING, OR 2,596
CONSPIRING WITH ANY PERSON IN THAT PERSON'S VIOLATION OF ANY 2,597
PROVISION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT, 2,598
INCLUDING THE PRACTICE OF CHIROPRACTIC WITHOUT A LICENSE, OR 2,599
AIDING, ABETTING, ASSISTING, COUNSELING, OR CONSPIRING WITH ANY 2,600
PERSON IN THAT PERSON'S UNLICENSED PRACTICE OF ANY OTHER HEALTH 2,601
CARE PROFESSION THAT HAS LICENSING REQUIREMENTS; 2,602
(12) WITH RESPECT TO A REPORT OR RECORD THAT IS MADE, 2,605
FILED, OR SIGNED IN CONNECTION WITH THE PRACTICE OF CHIROPRACTIC,
KNOWINGLY MAKING OR FILING A REPORT OR RECORD THAT IS FALSE, 2,606
INTENTIONALLY OR NEGLIGENTLY FAILING TO FILE A REPORT OR RECORD 2,607
REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR WILLFULLY IMPEDING OR 2,608
OBSTRUCTING THE REQUIRED FILING, OR INDUCING ANOTHER PERSON TO 2,609
ENGAGE IN ANY SUCH ACTS; 2,610
(3) Fraud or deceit in procuring admission to practice; 2,612
(4)(13) MAKING A FALSE, FRAUDULENT, OR DECEITFUL STATEMENT 2,614
TO THE BOARD OR ANY AGENT OF THE BOARD DURING ANY INVESTIGATION 2,615
OR OTHER OFFICIAL PROCEEDING CONDUCTED BY THE BOARD UNDER THIS 2,616
CHAPTER OR IN ANY FILING THAT MUST BE SUBMITTED TO THE BOARD; 2,617
(14) ATTEMPTING TO SECURE A LICENSE OR TO CORRUPT THE 2,619
OUTCOME OF AN OFFICIAL BOARD PROCEEDING THROUGH BRIBERY OR ANY 2,620
OTHER IMPROPER MEANS; 2,621
(15) WILLFULLY OBSTRUCTING OR HINDERING THE BOARD OR ANY 2,623
AGENT OF THE BOARD IN THE DISCHARGE OF THE BOARD'S DUTIES; 2,624
(16) Habitually using drugs or intoxicants to the extent 2,626
of rendering the applicant or chiropractor THAT THE PERSON IS 2,627
RENDERED unfit for the practice of chiropractic or for gross 2,630
57
immorality;
(5) Violation of any rule adopted by the board to govern 2,633
the practice of chiropractic that is consistent with section 2,634
4734.091 of the Revised Code;
(6) Being guilty; 2,636
(17) INABILITY TO PRACTICE CHIROPRACTIC ACCORDING TO 2,639
ACCEPTABLE AND PREVAILING STANDARDS OF CARE BY REASON OF CHEMICAL 2,641
DEPENDENCY, MENTAL ILLNESS, OR PHYSICAL ILLNESS, INCLUDING
CONDITIONS IN WHICH PHYSICAL DETERIORATION HAS ADVERSELY AFFECTED 2,643
THE PERSON'S COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS AND
CONDITIONS IN WHICH A CHIROPRACTOR'S CONTINUED PRACTICE MAY POSE 2,645
A DANGER TO THE CHIROPRACTOR OR THE PUBLIC; 2,646
(18) ANY ACT CONSTITUTING GROSS IMMORALITY RELATIVE TO THE 2,648
PERSON'S PRACTICE OF CHIROPRACTIC, INCLUDING ACTS INVOLVING 2,649
SEXUAL ABUSE, SEXUAL MISCONDUCT, OR SEXUAL EXPLOITATION; 2,650
(19) EXPLOITING A PATIENT FOR PERSONAL OR FINANCIAL GAIN; 2,652
(20) FAILING TO MAINTAIN PROPER, ACCURATE, AND LEGIBLE 2,654
RECORDS IN THE ENGLISH LANGUAGE DOCUMENTING EACH PATIENT'S CARE, 2,656
INCLUDING, AS APPROPRIATE, RECORDS OF THE FOLLOWING: DATES OF 2,657
TREATMENT, SERVICES RENDERED, EXAMINATIONS, TESTS, X-RAY REPORTS, 2,658
REFERRALS, AND THE DIAGNOSIS OR CLINICAL IMPRESSION AND CLINICAL 2,659
TREATMENT PLAN PROVIDED TO THE PATIENT;
(21) EXCEPT AS OTHERWISE REQUIRED BY THE BOARD OR BY LAW, 2,661
DISCLOSING PATIENT INFORMATION GAINED DURING THE CHIROPRACTOR'S 2,662
PROFESSIONAL RELATIONSHIP WITH A PATIENT WITHOUT OBTAINING THE 2,664
PATIENT'S AUTHORIZATION FOR THE DISCLOSURE;
(22) COMMISSION of willful and OR gross malpractice, or 2,667
willful or gross neglect, in the practice of chiropractic; 2,668
(7)(23) FAILING TO PERFORM OR NEGLIGENTLY PERFORMING AN 2,670
ACT RECOGNIZED BY THE BOARD AS A GENERAL DUTY OR THE EXERCISE OF 2,672
DUE CARE IN THE PRACTICE OF CHIROPRACTIC, REGARDLESS OF WHETHER 2,673
INJURY RESULTS TO A PATIENT FROM THE FAILURE TO PERFORM OR 2,674
NEGLIGENT PERFORMANCE OF THE ACT; 2,675
(24) ENGAGING IN ANY CONDUCT OR PRACTICE THAT IMPAIRS OR 2,677
58
MAY IMPAIR THE ABILITY TO PRACTICE CHIROPRACTIC SAFELY AND 2,678
SKILLFULLY; 2,679
(25) PRACTICING, OR CLAIMING TO BE CAPABLE OF PRACTICING, 2,682
BEYOND THE SCOPE OF THE PRACTICE OF CHIROPRACTIC AS ESTABLISHED 2,683
UNDER THIS CHAPTER AND THE RULES ADOPTED UNDER THIS CHAPTER;
(26) ACCEPTING AND PERFORMING PROFESSIONAL 2,685
RESPONSIBILITIES AS A CHIROPRACTOR WHEN NOT QUALIFIED TO PERFORM 2,686
THOSE RESPONSIBILITIES, IF THE PERSON KNEW OR HAD REASON TO KNOW 2,687
THAT THE PERSON WAS NOT QUALIFIED TO PERFORM THEM; 2,688
(27) DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES 2,690
OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL WHEN THE 2,692
DELEGATING CHIROPRACTOR KNOWS OR HAD REASON TO KNOW THAT THE 2,693
EMPLOYEE OR OTHER INDIVIDUAL IS NOT QUALIFIED BY TRAINING, 2,694
EXPERIENCE, OR PROFESSIONAL LICENSURE TO PERFORM THE
RESPONSIBILITIES; 2,695
(28) DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES 2,697
OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL IN A 2,698
NEGLIGENT MANNER OR FAILING TO PROVIDE PROPER SUPERVISION OF THE 2,699
EMPLOYEE OR OTHER INDIVIDUAL TO WHOM THE RESPONSIBILITIES ARE 2,700
DELEGATED; 2,701
(29) FAILING TO REFER A PATIENT TO ANOTHER HEALTH CARE 2,703
PRACTITIONER FOR CONSULTATION OR TREATMENT WHEN THE CHIROPRACTOR 2,704
KNOWS OR HAS REASON TO KNOW THAT THE REFERRAL IS IN THE BEST 2,706
INTEREST OF THE PATIENT;
(30) Obtaining OR ATTEMPTING TO OBTAIN any fee OR OTHER 2,709
ADVANTAGE by fraud or misrepresentation; 2,710
(8)(31) MAKING MISLEADING, DECEPTIVE, FALSE, OR FRAUDULENT 2,713
REPRESENTATIONS IN THE PRACTICE OF CHIROPRACTIC;
(32) Being guilty of false, fraudulent, DECEPTIVE, or 2,715
misleading advertising or advertising the prices for which 2,717
chiropractic services are available; OTHER SOLICITATIONS FOR 2,719
PATIENTS or KNOWINGLY having professional connection with any 2,721
individual, firm, or corporation PERSON that advertises contrary 2,723
to division (A)(8) of this section; 2,724
59
(9) Subject to section 4734.091 of the Revised Code, the 2,726
violation OR SOLICITS FOR PATIENTS IN SUCH A MANNER; 2,727
(33) VIOLATION of any A provision of the ANY code of 2,730
ethics of the American chiropractic association or of another 2,732
national professional organization as determined ESTABLISHED OR 2,733
ADOPTED by rule of the board. The board shall obtain and keep on 2,735
file current copies of the codes of ethics of the national 2,736
organizations. A chiropractor whose certificate is being 2,737
suspended or revoked shall not be found to have violated a code 2,740
of ethics of an organization not appropriate to the 2,741
chiropractor's profession. 2,742
(10) Failure of UNDER SECTION 4734.16 OF THE REVISED CODE; 2,744
(34) FAILING TO MEET the licensing examination 2,746
REQUIREMENTS FOR RECEIPT OF A LICENSE SPECIFIED UNDER SECTION 2,747
4734.20 OF THE REVISED CODE; 2,748
(11)(35) ACTIONS TAKEN FOR ANY REASON, OTHER THAN 2,751
NONPAYMENT OF FEES, BY THE CHIROPRACTIC LICENSING AUTHORITY OF 2,752
ANOTHER STATE OR COUNTRY;
(36) FAILING TO MAINTAIN CLEAN AND SANITARY CONDITIONS AT 2,754
THE CLINIC, OFFICE, OR OTHER PLACE IN WHICH CHIROPRACTIC SERVICES 2,756
ARE PROVIDED;
(37) EXCEPT AS PROVIDED IN DIVISION (G) OF THIS SECTION: 2,759
(a) Waiving the payment of all or any part of a deductible 2,761
or copayment that a patient, pursuant to a health insurance or 2,763
health care policy, contract, or plan that covers the 2,764
chiropractor's services, otherwise would be required to pay if 2,767
the waiver is used as an enticement to a patient or group of
patients to receive health care services from that provider 2,769
CHIROPRACTOR;
(12)(b) Advertising that the chiropractor will waive the 2,772
payment of all or any part of a deductible or copayment that a 2,774
patient, pursuant to a health insurance or health care policy, 2,775
contract, or plan that covers the chiropractor's services, 2,776
otherwise would be required to pay. 2,777
60
(B) For the purpose of investigation of possible 2,779
violations of this section, the board may administer oaths, order 2,780
the taking of depositions, issue subpoenas, and compel the 2,781
attendance of witnesses and the production of books, accounts, 2,782
papers, records, documents, and testimony. 2,783
(C) Notwithstanding divisions (A)(11) and (12) of this 2,785
section, sanctions 2,786
(D) THE ADJUDICATION REQUIREMENTS OF CHAPTER 119. OF THE 2,788
REVISED CODE APPLY TO THE BOARD WHEN TAKING ACTIONS AGAINST AN 2,789
INDIVIDUAL UNDER THIS SECTION, EXCEPT AS FOLLOWS: 2,791
(1) AN APPLICANT IS NOT ENTITLED TO AN ADJUDICATION FOR 2,793
FAILING TO MEET THE CONDITIONS SPECIFIED UNDER SECTION 4734.20 OF 2,795
THE REVISED CODE FOR RECEIPT OF A LICENSE THAT INVOLVE THE 2,796
BOARD'S EXAMINATION ON JURISPRUDENCE OR THE EXAMINATIONS OF THE 2,797
NATIONAL BOARD OF CHIROPRACTIC EXAMINERS.
(2) A PERSON IS NOT ENTITLED TO AN ADJUDICATION IF THE 2,799
PERSON FAILS TO MAKE A TIMELY REQUEST FOR A HEARING, IN 2,800
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 2,801
(3) IN LIEU OF AN ADJUDICATION, THE BOARD MAY ACCEPT THE 2,803
SURRENDER OF A LICENSE FROM A CHIROPRACTOR. 2,804
(4) IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 2,807
CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF 2,808
A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A 2,809
CONSENT AGREEMENT, WHEN RATIFIED BY THE BOARD, SHALL CONSTITUTE 2,811
THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 2,812
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 2,813
CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE 2,814
CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT. 2,815
(E) THIS SECTION DOES NOT REQUIRE THE BOARD TO HIRE, 2,818
CONTRACT WITH, OR RETAIN THE SERVICES OF AN EXPERT WITNESS WHEN 2,819
THE BOARD TAKES ACTION AGAINST A CHIROPRACTOR CONCERNING 2,820
COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE. AS 2,821
PART OF AN ACTION TAKEN CONCERNING COMPLIANCE WITH ACCEPTABLE AND
PREVAILING STANDARDS OF CARE, THE BOARD MAY RELY ON THE KNOWLEDGE 2,823
61
OF ITS MEMBERS FOR PURPOSES OF MAKING A DETERMINATION OF
COMPLIANCE, NOTWITHSTANDING ANY EXPERT TESTIMONY PRESENTED BY THE 2,825
CHIROPRACTOR THAT CONTRADICTS THE KNOWLEDGE AND OPINIONS OF THE 2,826
MEMBERS OF THE BOARD.
(F) THE SEALING OF CONVICTION RECORDS BY A COURT SHALL 2,829
HAVE NO EFFECT ON A PRIOR BOARD ORDER ENTERED UNDER THIS SECTION 2,830
OR ON THE BOARD'S JURISDICTION TO TAKE ACTION UNDER THIS SECTION 2,831
IF, BASED ON A PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A 2,832
JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 2,833
CONVICTION, THE BOARD ISSUED A NOTICE OF OPPORTUNITY FOR A
HEARING PRIOR TO THE COURT'S ORDER TO SEAL THE RECORDS. THE 2,834
BOARD SHALL NOT BE REQUIRED TO SEAL, DESTROY, REDACT, OR 2,835
OTHERWISE MODIFY ITS RECORDS TO REFLECT THE COURT'S SEALING OF 2,836
CONVICTION RECORDS. 2,837
(G) ACTIONS shall not be imposed TAKEN PURSUANT TO 2,840
DIVISION (C)(37) OF THIS SECTION against any licensee 2,841
CHIROPRACTOR who waives deductibles and copayments as follows: 2,844
(1) In compliance with the health benefit plan that 2,846
expressly allows a practice of that nature. Waiver of the 2,847
deductibles or copays COPAYMENTS shall be made only with the full 2,849
knowledge and consent of the plan purchaser, payer, and
third-party administrator. Documentation of the consent shall be 2,850
made available to the board upon request. 2,852
(2) For professional services rendered to any other person 2,854
licensed pursuant to this chapter, to the extent allowed by this 2,855
chapter and the rules of the board. 2,856
Sec. 4734.22 4734.311. On receipt of a notice pursuant to 2,865
section 2301.373 of the Revised Code, the STATE chiropractic 2,867
examining board shall comply with that section with respect to a 2,869
license issued pursuant to this chapter.
Sec. 4734.32. (A)(1) EXCEPT AS PROVIDED IN DIVISION 2,872
(A)(2) OF THIS SECTION, IF FORMAL DISCIPLINARY ACTION IS TAKEN 2,873
AGAINST A CHIROPRACTOR BY ANY HEALTH CARE FACILITY, INCLUDING A 2,874
CLINIC, HOSPITAL, OR SIMILAR FACILITY, THE CHIEF ADMINISTRATOR OR 2,875
62
EXECUTIVE OFFICER OF THE FACILITY SHALL FILE A REPORT WITH THE 2,876
STATE CHIROPRACTIC BOARD NOT LATER THAN SIXTY DAYS AFTER THE 2,877
DISCIPLINARY ACTION IS IMPOSED. THE REPORT SHALL INCLUDE THE 2,878
NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE FACILITY, AND A 2,879
SUMMARY OF THE UNDERLYING FACTS LEADING TO THE ACTION TAKEN. ON 2,880
REQUEST, THE BOARD SHALL BE PROVIDED CERTIFIED COPIES OF THE 2,881
PATIENT RECORDS THAT WERE THE BASIS FOR THE FACILITY'S ACTION. 2,883
PRIOR TO RELEASE TO THE BOARD, THE SUMMARY SHALL BE APPROVED BY 2,884
THE PEER REVIEW COMMITTEE THAT REVIEWED THE CASE OR BY THE 2,885
GOVERNING BOARD OF THE FACILITY.
THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO 2,888
FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR
ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A 2,890
HEALTH CARE FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST A 2,891
CHIROPRACTOR.
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR 2,893
ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE 2,894
IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS. 2,895
(2) DISCIPLINARY ACTION TAKEN AGAINST A CHIROPRACTOR BY A 2,897
CHIROPRACTIC CLINIC NEED NOT BE REPORTED TO THE BOARD IN EITHER 2,898
OF THE FOLLOWING CIRCUMSTANCES: 2,899
(a) THE CLINIC TAKES THE DISCIPLINARY ACTION FOR REASONS 2,901
THAT DO NOT INVOLVE CLINICAL OR PATIENT CARE ISSUES. 2,902
(b) THE CLINIC EMPLOYS FEWER THAN FIVE CHIROPRACTORS AND 2,904
THE DISCIPLINARY ACTION TAKEN DOES NOT RISE ABOVE THE LEVEL OF A 2,905
WRITTEN REPRIMAND. 2,906
(B) A CHIROPRACTOR OR PROFESSIONAL ASSOCIATION OR SOCIETY 2,908
OF CHIROPRACTORS THAT BELIEVES A VIOLATION OF ANY PROVISION OF 2,910
THIS CHAPTER OR RULE OF THE BOARD HAS OCCURRED SHALL REPORT TO 2,911
THE BOARD THE INFORMATION UPON WHICH THE BELIEF IS BASED. THIS 2,912
DIVISION DOES NOT REQUIRE ANY TREATMENT PROVIDER APPROVED BY THE 2,914
BOARD UNDER SECTION 4734.40 OF THE REVISED CODE OR ANY EMPLOYEE,
AGENT, OR REPRESENTATIVE OF SUCH A PROVIDER TO MAKE REPORTS WITH 2,916
RESPECT TO A CHIROPRACTOR PARTICIPATING IN TREATMENT OR AFTERCARE 2,917
63
FOR SUBSTANCE ABUSE AS LONG AS THE CHIROPRACTOR MAINTAINS 2,918
PARTICIPATION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 2,919
4734.40 OF THE REVISED CODE AND THE TREATMENT PROVIDER OR
EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER HAS NO REASON 2,920
TO BELIEVE THAT THE CHIROPRACTOR HAS VIOLATED ANY PROVISION OF 2,922
THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED 2,923
BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES. THIS DIVISION DOES NOT 2,924
REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER 2,925
COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY 2,926
REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A 2,927
PROFESSIONAL ASSOCIATION OR SOCIETY OF CHIROPRACTORS TO PROVIDE
PEER ASSISTANCE TO CHIROPRACTORS WITH SUBSTANCE ABUSE PROBLEMS 2,928
WITH RESPECT TO A CHIROPRACTOR WHO HAS BEEN REFERRED FOR 2,929
EXAMINATION TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER 2,930
SECTION 4734.40 OF THE REVISED CODE IF THE CHIROPRACTOR 2,932
COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY 2,933
DETERMINATION THAT THE CHIROPRACTOR SHOULD ENTER TREATMENT AND AS 2,934
LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR AGENT HAS NO
REASON TO BELIEVE THAT THE CHIROPRACTOR HAS CEASED TO PARTICIPATE 2,936
IN THE TREATMENT PROGRAM IN ACCORDANCE WITH SECTION 4734.40 OF 2,937
THE REVISED CODE OR HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR 2,938
RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY ALCOHOL, 2,939
DRUGS, OR OTHER SUBSTANCES.
(C) ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED 2,941
PRIMARILY OF CHIROPRACTORS THAT SUSPENDS OR REVOKES AN 2,942
INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS, OR 2,944
FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL
MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL 2,945
REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE 2,946
BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE 2,948
PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS 2,949
LEADING TO THE ACTION TAKEN. 2,950
THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO 2,953
FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR 2,954
64
ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, SHALL NOT PRECLUDE A 2,955
PROFESSIONAL ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST 2,957
A CHIROPRACTOR.
(D) ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE 2,960
TO ANY PERSON HOLDING A VALID LICENSE AS A CHIROPRACTOR OR ANY 2,961
OTHER ENTITY THAT SEEKS TO INDEMNIFY THE PROFESSIONAL LIABILITY 2,962
OF A CHIROPRACTOR SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER 2,963
THE FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH 2,964
DISPOSITION RESULTS IN A PAYMENT EXCEEDING TEN THOUSAND DOLLARS. 2,966
THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE 2,968
NOTIFICATION; 2,969
(2) THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT 2,972
OF THE CLAIM;
(3) THE NAME OF THE PERSON FILING THE WRITTEN CLAIM; 2,974
(4) THE DATE OF FINAL DISPOSITION; 2,976
(5) IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE 2,979
FINAL DISPOSITION OF THE CLAIM TOOK PLACE.
(E) THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS 2,982
CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS
ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS 2,985
SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF 2,986
A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE. AS USED IN 2,987
THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS 2,988
FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH 2,989
RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TEN THOUSAND 2,990
DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING TORTIOUS 2,991
CONDUCT BY THE CHIROPRACTOR. 2,992
(F) ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND 2,995
MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN 2,996
CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION 2,997
IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING A 2,998
CHIROPRACTOR OR HEALTH CARE FACILITY ARISING OUT OF MATTERS THAT 3,000
ARE THE SUBJECT OF THE REPORTING REQUIRED BY THIS SECTION. THE 3,001
65
BOARD MAY USE THE INFORMATION OBTAINED ONLY AS THE BASIS FOR AN 3,003
INVESTIGATION, AS EVIDENCE IN A DISCIPLINARY HEARING AGAINST A 3,004
CHIROPRACTOR, OR IN ANY SUBSEQUENT TRIAL OR APPEAL OF A BOARD 3,006
ACTION OR ORDER.
THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT 3,008
RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY 3,009
COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN 3,011
CREDENTIALING OR RECREDENTIALING A CHIROPRACTOR OR REVIEWING THE 3,012
CHIROPRACTOR'S PRIVILEGE TO PRACTICE WITHIN A PARTICULAR 3,013
FACILITY. THE BOARD SHALL INDICATE WHETHER OR NOT THE 3,014
INFORMATION HAS BEEN VERIFIED. INFORMATION TRANSMITTED BY THE 3,015
BOARD SHALL BE SUBJECT TO THE SAME CONFIDENTIALITY PROVISIONS AS 3,016
WHEN MAINTAINED BY THE BOARD.
(G) EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO 3,019
DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY 3,020
REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE 3,021
CHIROPRACTOR. THE CHIROPRACTOR SHALL HAVE THE RIGHT TO FILE A 3,022
STATEMENT WITH THE BOARD CONCERNING THE CORRECTNESS OR RELEVANCE 3,023
OF THE INFORMATION. THE STATEMENT SHALL AT ALL TIMES ACCOMPANY 3,025
THAT PART OF THE RECORD IN CONTENTION. 3,026
(H) AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR 3,029
REFERS AN IMPAIRED CHIROPRACTOR TO A TREATMENT PROVIDER APPROVED 3,031
BY THE BOARD UNDER SECTION 4734.40 OF THE REVISED CODE SHALL NOT
BE SUBJECT TO SUIT FOR CIVIL DAMAGES AS A RESULT OF THE REPORT, 3,032
REFERRAL, OR PROVISION OF THE INFORMATION. 3,033
(I) IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL 3,036
ASSOCIATION OR SOCIETY OF CHIROPRACTORS THAT SPONSORS A COMMITTEE 3,037
OR PROGRAM TO PROVIDE PEER ASSISTANCE TO A CHIROPRACTOR WITH
SUBSTANCE ABUSE PROBLEMS, A REPRESENTATIVE OR AGENT OF SUCH A 3,039
COMMITTEE OR PROGRAM, AND A MEMBER OF THE STATE CHIROPRACTIC 3,040
BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON BY REASON 3,041
OF ACTIONS TAKEN TO REFER A CHIROPRACTOR TO A TREATMENT PROVIDER 3,042
APPROVED UNDER SECTION 4734.40 OF THE REVISED CODE FOR
EXAMINATION OR TREATMENT.
66
Sec. 4734.12 4734.34. Before restoring AN INDIVIDUAL 3,052
SUBJECT TO AN ACTION TAKEN UNDER SECTION 4734.31 OF THE REVISED 3,053
CODE, OTHER THAN PERMANENT REVOCATION OF A LICENSE, MAY APPLY TO 3,054
THE STATE CHIROPRACTIC BOARD TO HAVE THE INDIVIDUAL'S LICENSE 3,055
RESTORED to a good standing a certificate issued under Chapter 3,058
4734. of the Revised Code which has been suspended for any cause 3,059
for more than two years, the chiropractic examining. THE BOARD 3,060
SHALL CONSIDER THE MORAL CHARACTER AND THE ACTIVITIES OF THE 3,062
APPLICANT SINCE THE BOARD'S ACTION WAS TAKEN, IN ACCORDANCE WITH 3,063
THE STANDARDS FOR ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION 3,064
4734.20 OF THE REVISED CODE. THE board may require the applicant 3,068
to pass an oral and written examination, but under no 3,069
circumstances shall an applicant take only an oral exam, to 3,070
determine his present fitness to resume practice. 3,072
The authority of the board to impose terms and conditions 3,074
includes ON RESTORATION OF THE LICENSE BY DOING ANY OF the 3,075
following: 3,076
(A) Requiring the applicant to obtain training and, WHICH 3,078
MAY INCLUDE REQUIRING THE APPLICANT to pass an examination upon 3,079
completion of such THE training; 3,080
(B) REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN 3,083
EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE; 3,084
(C) Restricting or limiting the extent, scope, or type of 3,086
practice of the applicant. 3,088
The board shall consider the moral character and the 3,090
activities of the applicant during the period of suspension or 3,091
inactivity, in accordance with this chapter. 3,093
Sec. 4734.35. (A) AS USED IN THIS SECTION, "PROSECUTOR" 3,096
HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 3,097
(B) THE PROSECUTOR IN ANY CASE AGAINST ANY CHIROPRACTOR 3,100
HOLDING A VALID LICENSE ISSUED UNDER THIS CHAPTER SHALL PROMPTLY 3,101
NOTIFY THE STATE CHIROPRACTIC BOARD OF ANY OF THE FOLLOWING: 3,102
(1) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 3,105
OR COURT OF, A FELONY, OR A CASE IN WHICH THE TRIAL COURT ISSUES
67
AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A 3,107
FELONY CHARGE; 3,108
(2) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 3,111
OR COURT OF, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE,
OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL 3,113
UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A 3,114
MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF 3,115
PRACTICE;
(3) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 3,118
OR COURT OF, A MISDEMEANOR INVOLVING MORAL TURPITUDE, OR A CASE
IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON 3,119
TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR 3,120
INVOLVING MORAL TURPITUDE. 3,121
(C) THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE 3,123
CHIROPRACTOR, THE NATURE OF THE OFFENSE FOR WHICH THE ACTION WAS 3,125
TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE ACTION. 3,126
THE BOARD MAY PRESCRIBE AND PROVIDE FORMS FOR PROSECUTORS TO MAKE
REPORTS UNDER THIS SECTION. THE FORM MAY BE THE SAME AS THE FORM 3,127
REQUIRED TO BE PROVIDED UNDER SECTION 2929.24 OF THE REVISED 3,128
CODE.
Sec. 4734.36. A CHIROPRACTOR WHO IN THIS STATE PLEADS 3,131
GUILTY TO OR IS CONVICTED OF AGGRAVATED MURDER, MURDER, VOLUNTARY 3,132
MANSLAUGHTER, FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL 3,133
BATTERY, GROSS SEXUAL IMPOSITION, AGGRAVATED ARSON, AGGRAVATED 3,134
ROBBERY, OR AGGRAVATED BURGLARY, OR WHO IN ANOTHER JURISDICTION 3,135
PLEADS GUILTY TO OR IS CONVICTED OF ANY SUBSTANTIALLY EQUIVALENT 3,136
CRIMINAL OFFENSE, IS AUTOMATICALLY SUSPENDED FROM PRACTICE IN 3,137
THIS STATE AND THE LICENSE ISSUED UNDER THIS CHAPTER IS 3,139
AUTOMATICALLY SUSPENDED AS OF THE DATE OF THE GUILTY PLEA OR
CONVICTION. CONTINUED PRACTICE AFTER SUSPENSION UNDER THIS 3,140
SECTION SHALL BE CONSIDERED PRACTICING CHIROPRACTIC WITHOUT A 3,141
LICENSE. ON RECEIVING NOTICE OR OTHERWISE BECOMING AWARE OF THE 3,142
CONVICTION, THE STATE CHIROPRACTIC BOARD SHALL NOTIFY THE 3,143
INDIVIDUAL OF THE SUSPENSION UNDER THIS SECTION BY CERTIFIED MAIL 3,144
68
OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF THE REVISED 3,145
CODE. IF AN INDIVIDUAL WHOSE LICENSE IS SUSPENDED UNDER THIS 3,146
SECTION FAILS TO MAKE A TIMELY REQUEST FOR AN ADJUDICATION, THE 3,147
BOARD SHALL ENTER A FINAL ORDER REVOKING THE INDIVIDUAL'S 3,148
LICENSE.
Sec. 4734.101 4734.37. If the STATE chiropractic examining 3,158
board determines that there is clear and convincing evidence that 3,159
a person who has been granted a certificate LICENSE under this 3,160
chapter has committed an act that subjects his THE PERSON'S
license to board action under section 4734.10 4734.31 of the 3,162
Revised Code and that the certificate holder's PERSON'S continued 3,163
practice presents a danger of immediate and serious harm to the 3,165
public, the board may suspend the certificate LICENSE without a 3,166
prior hearing. A telephone conference call may be utilized for 3,167
reviewing the matter and taking the vote.
The board shall issue a written order of suspension by 3,169
certified mail or in person in accordance with section 119.07 of 3,170
the Revised Code. The order is not subject to suspension by the 3,171
court during pendency of any appeal filed under section 119.12 of 3,172
the Revised Code. If the certificate holder PERSON SUBJECT TO 3,173
THE SUSPENSION requests an adjudicatory hearing ADJUDICATION by 3,174
the board, the date set for the hearing ADJUDICATION shall be 3,175
within fifteen TWENTY days, but not earlier than seven days, 3,176
after the request, unless otherwise agreed to by both the board 3,177
and the certificate holder PERSON SUBJECT TO THE SUSPENSION. 3,178
Any summary suspension imposed under this section shall 3,180
remain in effect, unless reversed on appeal, until a final 3,181
adjudicative order issued by the board pursuant to section 3,182
4734.10 4734.31 and Chapter 119. of the Revised Code becomes 3,183
effective. The board shall issue its final adjudicative order 3,184
within sixty days after completion of its hearing ADJUDICATION. 3,185
A failure to issue the order within sixty days shall result in 3,187
dissolution of the summary suspension order but shall not 3,188
invalidate any subsequent, final adjudicative order. 3,189
69
Sec. 4734.11 4734.38. If any person who has been granted a 3,198
certificate LICENSE under Chapter 4734. of the Revised Code THIS 3,200
CHAPTER is adjudicated incompetent for the purpose of holding the 3,203
certificate, as provided in section 5122.301 of the Revised Code,
his certificate ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR 3,205
MENTALLY INCOMPETENT, THE PERSON'S LICENSE shall be automatically 3,206
suspended until such THE person has filed with the STATE 3,208
chiropractic examining board a certified copy of an adjudication 3,209
by a probate court of his subsequent restoration BEING RESTORED 3,210
to competency or has submitted to such THE board proof, 3,212
satisfactory to the board, that he has OF HAVING been discharged 3,213
as having a restoration BEING RESTORED to competency in the 3,214
manner and form provided in section 5122.38 of the Revised Code. 3,215
The judge of such THE court shall forthwith notify the board of 3,217
an adjudication of MENTAL ILLNESS OR MENTAL incompetence, and 3,218
shall note any suspension of a certificate in the margin of the 3,219
court's record of such certificate. 3,220
Sec. 4734.39. (A) FOR PURPOSES OF THE STATE CHIROPRACTIC 3,222
BOARD'S ENFORCEMENT OF DIVISION (C)(16) OR (17) OF SECTION 3,223
4734.31 OF THE REVISED CODE, AN INDIVIDUAL WHO APPLIES FOR OR 3,225
RECEIVES A LICENSE UNDER THIS CHAPTER ACCEPTS THE PRIVILEGE OF 3,226
PRACTICING CHIROPRACTIC IN THIS STATE AND, BY SO DOING, SHALL BE 3,228
DEEMED TO HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL 3,230
EXAMINATION WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD IN ITS 3,231
ENFORCEMENT OF THOSE DIVISIONS, AND TO HAVE WAIVED ALL OBJECTIONS
TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION REPORTS THAT 3,233
CONSTITUTE A PRIVILEGED COMMUNICATION. 3,234
(B) IF THE BOARD HAS REASON TO BELIEVE THAT A CHIROPRACTOR 3,236
OR APPLICANT SUFFERS AN IMPAIRMENT DESCRIBED IN DIVISION (C)(16) 3,237
OR (17) OF SECTION 4734.31 OF THE REVISED CODE, THE BOARD MAY 3,239
COMPEL THE INDIVIDUAL TO SUBMIT TO A MENTAL OR PHYSICAL
EXAMINATION, OR BOTH. THE EXPENSE OF THE EXAMINATION IS THE 3,240
RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. ANY 3,242
MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER THIS SECTION SHALL 3,243
70
BE UNDERTAKEN BY A PROVIDER WHO IS QUALIFIED TO CONDUCT THE 3,245
EXAMINATION AND WHO IS CHOSEN BY THE BOARD. 3,246
FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION 3,249
ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS 3,250
AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES 3,251
BEYOND THE INDIVIDUAL'S CONTROL. A DEFAULT AND FINAL ORDER MAY 3,252
BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF 3,253
EVIDENCE.
IF THE BOARD DETERMINES THAT AN INDIVIDUAL'S ABILITY TO 3,256
PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S 3,257
LICENSE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL REQUIRE 3,258
THE INDIVIDUAL, AS A CONDITION FOR INITIAL, CONTINUED, 3,259
REINSTATED, RESTORED, OR RENEWED CERTIFICATION TO PRACTICE, TO 3,260
SUBMIT TO CARE, COUNSELING, OR TREATMENT. 3,261
(C) BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A 3,263
LICENSE SUSPENDED UNDER DIVISION (C)(16) OF SECTION 4734.31 OF 3,264
THE REVISED CODE OR THE CHEMICAL DEPENDENCY PROVISIONS OF 3,265
DIVISION (C)(17) OF SECTION 4731.34 OF THE REVISED CODE, THE 3,266
IMPAIRED INDIVIDUAL SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO 3,269
RESUME PRACTICE IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING 3,270
STANDARDS OF CARE IN THE PRACTICE OF CHIROPRACTIC. IF RULES HAVE 3,271
BEEN ADOPTED UNDER SECTION 4734.40 OF THE REVISED CODE, THE 3,272
DEMONSTRATION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE 3,273
FOLLOWING:
(1) CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER 3,275
SECTION 4734.40 OF THE REVISED CODE THAT THE INDIVIDUAL HAS 3,277
SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT; 3,278
(2) EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN 3,280
AFTERCARE CONTRACT OR CONSENT AGREEMENT; 3,281
(3) TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S 3,283
ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS 3,284
BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND 3,285
PREVAILING STANDARDS OF CARE. THE REPORTS SHALL BE MADE BY 3,286
INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING THE 3,287
71
ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION. 3,288
THE BOARD MAY REINSTATE A LICENSE SUSPENDED UNDER THIS 3,291
DIVISION AFTER THAT DEMONSTRATION AND AFTER THE INDIVIDUAL HAS 3,292
ENTERED INTO A WRITTEN CONSENT AGREEMENT. 3,293
WHEN THE IMPAIRED INDIVIDUAL RESUMES PRACTICE, THE BOARD 3,295
SHALL REQUIRE CONTINUED MONITORING OF THE INDIVIDUAL. THE 3,297
MONITORING SHALL INCLUDE, BUT NOT BE LIMITED TO, COMPLIANCE WITH 3,299
THE WRITTEN CONSENT AGREEMENT ENTERED INTO BEFORE REINSTATEMENT 3,300
OR WITH CONDITIONS IMPOSED BY BOARD ORDER AFTER A HEARING, AND, 3,301
UPON TERMINATION OF THE CONSENT AGREEMENT, SUBMISSION TO THE 3,302
BOARD FOR AT LEAST TWO YEARS OF ANNUAL WRITTEN PROGRESS REPORTS 3,303
MADE UNDER PENALTY OF PERJURY STATING WHETHER THE INDIVIDUAL HAS 3,304
MAINTAINED SOBRIETY. 3,305
Sec. 4734.40. (A) THE STATE CHIROPRACTIC BOARD MAY ADOPT 3,307
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 3,308
ESTABLISHING STANDARDS FOR APPROVING TREATMENT PROVIDERS FOR 3,309
IMPAIRED CHIROPRACTORS. IF RULES ARE ADOPTED, THE RULES SHALL 3,310
INCLUDE STANDARDS FOR BOTH INPATIENT AND OUTPATIENT TREATMENT. 3,311
THE RULES SHALL PROVIDE THAT TO BE APPROVED, A TREATMENT PROVIDER 3,312
MUST BE CAPABLE OF MAKING AN INITIAL EXAMINATION TO DETERMINE THE 3,313
TYPE OF TREATMENT AN IMPAIRED CHIROPRACTOR REQUIRES AND MUST BE 3,315
CAPABLE OF ADHERING TO GUIDELINES THE BOARD CONSIDERS APPROPRIATE 3,316
FOR ASSESSMENT AND REFERRAL OF IMPAIRED CHIROPRACTORS. THE BOARD 3,319
SHALL REVIEW TREATMENT PROVIDERS ON A REGULAR BASIS AND DESIGNATE 3,320
THOSE PROVIDERS THAT MEET THE STANDARDS FOR APPROVAL. THE BOARD 3,321
MAY DENY OR WITHDRAW ITS APPROVAL IF IT FINDS THAT THE TREATMENT 3,322
PROVIDER BEING REVIEWED DOES NOT MEET OR NO LONGER MEETS THE 3,323
STANDARDS FOR APPROVAL.
(B) A CHIROPRACTOR WHO ENTERS INTO TREATMENT BY AN 3,327
APPROVED TREATMENT PROVIDER SHALL BE DEEMED TO HAVE WAIVED ANY 3,328
CONFIDENTIALITY REQUIREMENTS THAT WOULD OTHERWISE PREVENT THE 3,329
TREATMENT PROVIDER FROM MAKING REPORTS REQUIRED UNDER THIS 3,330
SECTION.
Sec. 4734.41. (A) AS USED IN THIS SECTION: 3,332
72
(1) "CHEMICAL DEPENDENCY" MEANS EITHER OF THE FOLLOWING: 3,334
(a) THE CHRONIC AND HABITUAL USE OF ALCOHOLIC BEVERAGES TO 3,336
THE EXTENT THAT THE USER NO LONGER CAN CONTROL THE USE OF ALCOHOL 3,338
OR ENDANGERS THE USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF 3,339
OTHERS;
(b) THE USE OF A CONTROLLED SUBSTANCE AS DEFINED IN 3,341
SECTION 3719.01 OF THE REVISED CODE, A HARMFUL INTOXICANT AS 3,342
DEFINED IN SECTION 2925.01 OF THE REVISED CODE, OR A DANGEROUS 3,343
DRUG AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE, TO THE 3,344
EXTENT THAT THE USER BECOMES PHYSICALLY OR PSYCHOLOGICALLY
DEPENDENT ON THE SUBSTANCE, INTOXICANT, OR DRUG OR ENDANGERS THE 3,345
USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF OTHERS. 3,346
(2) "MENTAL ILLNESS" MEANS A RECOGNIZED PSYCHIATRIC OR 3,348
PSYCHOLOGICAL CONDITION, DISORDER, OR SYNDROME THAT HAS BEEN 3,349
DIAGNOSED BY A PSYCHIATRIST, PSYCHOLOGIST, PROFESSIONAL CLINICAL 3,350
COUNSELOR, OR INDEPENDENT SOCIAL WORKER AS A CONDITION, DISORDER, 3,352
OR SYNDROME THAT MAY POSE A DANGER TO THE PERSON DIAGNOSED OR 3,353
OTHERS OR MAY PREVENT THE PERSON FROM PRACTICING THE PERSON'S 3,354
PROFESSION ACCORDING TO ACCEPTABLE AND PREVAILING STANDARDS OF 3,355
CARE.
(B) THE STATE CHIROPRACTIC BOARD SHALL ESTABLISH A 3,357
CHEMICAL DEPENDENCY AND MENTAL ILLNESS MONITORING PROGRAM. THE 3,359
PROGRAM SHALL BE MADE AVAILABLE TO ANY INDIVIDUAL UNDER THE 3,360
BOARD'S JURISDICTION WHO HAS A CHEMICAL DEPENDENCY OR MENTAL 3,362
ILLNESS AND MEETS THE BOARD'S ELIGIBILITY REQUIREMENTS FOR 3,364
ADMISSION TO AND CONTINUED PARTICIPATION IN THE PROGRAM. THE 3,365
BOARD SHALL DEVELOP THE PROGRAM AND MAY DESIGNATE A COORDINATOR 3,366
TO ADMINISTER IT OR ENTER INTO A CONTRACT FOR THE PROGRAM TO BE 3,367
ADMINISTERED BY ANOTHER ENTITY THROUGH A COORDINATOR. THE BOARD 3,368
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 3,369
CODE THAT ESTABLISH STANDARDS AND PROCEDURE FOR OPERATING THE 3,370
PROGRAM.
(C) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 3,373
ALL RECORDS OF AN INDIVIDUAL'S PARTICIPATION IN THE MONITORING 3,374
73
PROGRAM, INCLUDING MEDICAL RECORDS, CHEMICAL DEPENDENCY RECORDS, 3,375
AND MENTAL HEALTH RECORDS, SHALL BE CONFIDENTIAL, ARE NOT PUBLIC 3,377
RECORDS FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE,
AND ARE NOT SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS 3,378
EVIDENCE IN ANY JUDICIAL PROCEEDING. THE PROGRAM COORDINATOR 3,380
SHALL MAINTAIN ALL RECORDS AS DIRECTED BY THE BOARD. 3,381
(D) THE MONITORING PROGRAM'S COORDINATOR MAY DISCLOSE 3,383
RECORDS OR INFORMATION REGARDING AN INDIVIDUAL'S PROGRESS AND 3,384
STATUS OF PARTICIPATION IN THE PROGRAM TO THE DISCIPLINARY 3,387
SECTION OF THE BOARD AND TO ANY PERSON OR GOVERNMENT ENTITY THAT 3,388
THE PROGRAM PARTICIPANT AUTHORIZES IN WRITING TO BE GIVEN THE 3,389
RECORDS OR INFORMATION.
IN DISCLOSING RECORDS OR INFORMATION UNDER THIS DIVISION, 3,391
THE COORDINATOR SHALL NOT INCLUDE ANY RECORD OR INFORMATION THAT 3,392
IS PROTECTED UNDER SECTION 3793.13 OF THE REVISED CODE OR ANY 3,393
FEDERAL STATUTE OR REGULATION THAT PROVIDES FOR THE 3,395
CONFIDENTIALITY OF MENTAL HEALTH OR SUBSTANCE ABUSE RECORDS. 3,397
(E) IN THE ABSENCE OF FRAUD OR BAD FAITH, THE MONITORING 3,399
PROGRAM'S COORDINATOR, THE BOARD AND THE BOARD'S EMPLOYEES AND 3,400
REPRESENTATIVES ARE NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS 3,402
A RESULT OF DISCLOSING RECORDS OR INFORMATION IN ACCORDANCE WITH 3,404
DIVISION (D) OF THIS SECTION. IN THE ABSENCE OF FRAUD OR BAD 3,405
FAITH, ANY PERSON REPORTING TO THE PROGRAM AN INDIVIDUAL'S 3,406
CHEMICAL DEPENDENCY OR MENTAL ILLNESS, OR THE PROGRESS OR LACK OF 3,408
PROGRESS OF THAT INDIVIDUAL WITH REGARD TO TREATMENT, IS NOT 3,409
LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS A RESULT OF THE REPORT. 3,411
(F) THE BOARD MAY ABSTAIN FROM TAKING FORMAL DISCIPLINARY 3,413
ACTION UNDER SECTION 4734.31 OF THE REVISED CODE AGAINST AN 3,414
INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S CHEMICAL DEPENDENCY OR 3,415
MENTAL ILLNESS, IF THE INDIVIDUAL MEETS THE ELIGIBILITY 3,416
REQUIREMENTS FOR ADMISSION INTO THE MONITORING PROGRAM AND ALL OF 3,417
THE FOLLOWING OCCUR: 3,418
(1) THE INDIVIDUAL ENTERS INTO A MONITORING AGREEMENT WITH 3,420
THE COORDINATOR OF THE PROGRAM; 3,421
74
(2) THE INDIVIDUAL COMPLIES WITH THE TERMS AND CONDITIONS 3,423
FOR CONTINUED PARTICIPATION IN THE PROGRAM, AS SPECIFIED IN THE 3,424
MONITORING AGREEMENT; 3,425
(3) THE INDIVIDUAL SUCCESSFULLY COMPLETES THE TERMS AND 3,427
CONDITIONS OF THE MONITORING AGREEMENT, INCLUDING THE CONDITION 3,428
THAT THE INDIVIDUAL ATTAIN THE ABILITY TO PRACTICE IN ACCORDANCE 3,429
WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE APPLICABLE TO 3,430
THE PRACTICE OF CHIROPRACTIC. 3,431
Sec. 4734.42. PURSUANT TO THE STATE CHIROPRACTIC BOARD'S 3,433
INVESTIGATIVE AUTHORITY ESTABLISHED UNDER THIS CHAPTER, THE BOARD 3,434
SHALL DEVELOP AND IMPLEMENT A QUALITY INTERVENTION PROGRAM 3,436
DESIGNED TO IMPROVE THE PRACTICE AND COMMUNICATION SKILLS OF 3,437
INDIVIDUALS AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER THIS 3,438
CHAPTER. IN DEVELOPING AND IMPLEMENTING THE QUALITY INTERVENTION 3,439
PROGRAM, THE BOARD SHALL DO ALL OF THE FOLLOWING: 3,440
(A) OFFER IN APPROPRIATE CASES AS DETERMINED BY THE BOARD 3,442
AN EDUCATIONAL AND ASSESSMENT PROGRAM PURSUANT TO AN 3,443
INVESTIGATION THE BOARD CONDUCTS UNDER THIS SECTION; 3,444
(B) SELECT PROVIDERS OF EDUCATIONAL AND ASSESSMENT 3,446
SERVICES, INCLUDING A QUALITY INTERVENTION PROGRAM PANEL OF CASE 3,447
REVIEWERS;
(C) MAKE REFERRALS TO EDUCATIONAL AND ASSESSMENT SERVICE 3,449
PROVIDERS AND APPROVE INDIVIDUAL EDUCATIONAL PROGRAMS RECOMMENDED 3,451
BY THOSE PROVIDERS. THE BOARD SHALL MONITOR THE PROGRESS OF EACH 3,452
INDIVIDUAL UNDERTAKING A RECOMMENDED INDIVIDUAL EDUCATION 3,453
PROGRAM;
(D) DETERMINE WHAT CONSTITUTES SUCCESSFUL COMPLETION OF AN 3,455
INDIVIDUAL EDUCATION PROGRAM AND REQUIRE FURTHER MONITORING OF 3,456
THE INDIVIDUAL WHO COMPLETED THE PROGRAM OR OTHER ACTION THE 3,457
BOARD DETERMINES TO BE APPROPRIATE; 3,458
(E) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 3,461
REVISED CODE ESTABLISHING STANDARDS AND PROCEDURES FOR 3,462
IMPLEMENTING THE QUALITY INTERVENTION PROGRAM.
Sec. 4734.14 4734.45. If any person makes an accusation 3,471
75
against any licensee under this section, it shall be reduced to 3,473
writing, verified by some person familiar with the facts and 3,474
three copies filed with the secretary of the (A) THE STATE 3,475
chiropractic examining board. If the board considers the charges 3,476
made are sufficient, if true, to warrant suspension or revocation 3,477
of license, it shall proceed with an adjudication hearing under 3,478
the procedures of Chapter 119. SHALL INVESTIGATE EVIDENCE THAT 3,479
APPEARS TO SHOW THAT A PERSON HAS VIOLATED ANY PROVISION OF THIS 3,480
CHAPTER OR THE RULES ADOPTED UNDER IT. ANY PERSON MAY REPORT TO 3,481
THE BOARD IN WRITING OR BY OTHER MEANS ANY INFORMATION THE PERSON 3,483
HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF THIS 3,484
CHAPTER OR THE RULES ADOPTED UNDER IT. IN THE ABSENCE OF BAD
FAITH, A PERSON WHO REPORTS TO THE BOARD, COOPERATES IN AN 3,486
INVESTIGATION, OR TESTIFIES BEFORE THE BOARD IN AN ADJUDICATION 3,488
SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A RESULT OF REPORTING, 3,489
COOPERATING, OR PROVIDING TESTIMONY.
(B) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 3,491
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 3,492
CIVIL ACTION, EXCEPT THAT FOR GOOD CAUSE, THE BOARD OR ITS 3,493
EXECUTIVE DIRECTOR MAY DISCLOSE OR AUTHORIZE DISCLOSURE OF 3,494
INFORMATION GATHERED PURSUANT TO AN INVESTIGATION. 3,495
THE BOARD AND ITS EMPLOYEES MAY SHARE APPROPRIATE 3,498
INFORMATION IN THE BOARD'S POSSESSION WITH ANY FEDERAL, STATE, OR 3,499
LOCAL LAW ENFORCEMENT, PROSECUTORIAL, OR REGULATORY AGENCY OR ITS 3,500
OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION. THE BOARD AND 3,502
ITS EMPLOYEES MAY COOPERATE IN ANY OTHER MANNER WITH THE AGENCY 3,503
OR ITS OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION.
AN AGENCY THAT RECEIVES CONFIDENTIAL INFORMATION SHALL 3,505
COMPLY WITH THE SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS 3,506
THOSE WITH WHICH THE BOARD MUST COMPLY, NOTWITHSTANDING ANY 3,507
CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE 3,508
AGENCY THAT APPLIES WHEN THE AGENCY IS DEALING WITH OTHER 3,509
INFORMATION IN ITS POSSESSION. THE INFORMATION MAY BE ADMITTED 3,510
INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF 3,511
76
EVIDENCE, OR IN AN ADMINISTRATIVE HEARING CONDUCTED BY AN AGENCY, 3,512
BUT THE COURT OR AGENCY SHALL REQUIRE THAT APPROPRIATE MEASURES 3,513
BE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED WITH 3,514
RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES OR 3,515
OTHER IDENTIFYING INFORMATION ABOUT PATIENTS, COMPLAINANTS, OR 3,516
OTHERS WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE
CHIROPRACTIC BOARD WHEN THE INFORMATION WAS IN THE BOARD'S 3,518
POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY THAT MAY BE TAKEN 3,519
BY THE COURT OR AGENCY INCLUDE SEALING ITS RECORDS OR REDACTING 3,520
SPECIFIC INFORMATION FROM ITS RECORDS. 3,521
(C) ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE 3,523
CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 of 3,525
the Revised Code.
Sec. 4734.13 4734.46. Any investigation, inquiry, or 3,534
hearing, which ALL OF THE FOLLOWING APPLY TO THE INVESTIGATIONS, 3,536
INQUIRIES, AND HEARINGS THAT the STATE chiropractic examining 3,539
board is empowered to hold or undertake:
(A) AN INVESTIGATION, INQUIRY, OR HEARING may be held or 3,541
undertaken by or before any member of the board, and the finding. 3,543
(B) THE BOARD MAY APPOINT AN EXAMINER WHO IS AN ATTORNEY 3,545
TO CONDUCT AN INVESTIGATION, INQUIRY, OR HEARING. THE FINDINGS 3,549
or order of such THE HEARING EXAMINER OR A member WHO HOLDS OR 3,550
UNDERTAKES AN INVESTIGATION, INQUIRY, OR HEARING shall be deemed 3,551
to be the FINDINGS OR order of the board when approved and 3,552
confirmed by it. 3,553
(C) THE BOARD SHALL ADOPT STANDARDS OF CONDUCT FOR THE 3,556
ATTORNEYS AND OTHER PERSONS WHO PRACTICE BEFORE THE BOARD AT ITS 3,557
HEARINGS.
(D) FOLLOWING AN INQUIRY, THE BOARD MAY, IN CASES IT 3,560
CONSIDERS APPROPRIATE, ISSUE A "LETTER OF ADMONITION" OR A 3,561
"LETTER OF CAUTION." ISSUANCE OF A LETTER UNDER THIS DIVISION IS 3,563
NOT AN ACTION TAKEN IN ADDITION TO OR IN LIEU OF TAKING ACTION 3,564
UNDER SECTION 4734.31 OF THE REVISED CODE AND IS NOT SUBJECT TO 3,565
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE. THE 3,566
77
LETTER SHALL NOT BE USED BY AN EMPLOYER, INSURER, OR ANY OTHER 3,567
PERSON OR GOVERNMENT ENTITY AS THE BASIS OF AN ADVERSE ACTION 3,568
AGAINST THE RECIPIENT.
Sec. 4734.15 4734.47. (A) The secretary EXECUTIVE 3,578
DIRECTOR of the STATE chiropractic examining board shall FUNCTION 3,580
AS THE CHIEF ENFORCEMENT OFFICER OF THE BOARD AND SHALL enforce 3,581
the laws relating to the practice of chiropractic. If he THE 3,582
EXECUTIVE DIRECTOR has knowledge or notice of a violation OF 3,584
THOSE LAWS, he THE EXECUTIVE DIRECTOR shall investigate the 3,586
matter, and, upon OR CAUSE THE MATTER TO BE INVESTIGATED. ON 3,587
probable cause appearing, THE EXECUTIVE DIRECTOR SHALL PROSECUTE 3,589
THE OFFENDER OR CAUSE THE OFFENDER TO BE PROSECUTED. IF THE 3,590
MATTER INVOLVES A VIOLATION BY AN INDIVIDUAL LICENSED UNDER THIS 3,591
CHAPTER, THE EXECUTIVE DIRECTOR SHALL BRING THE MATTER BEFORE THE 3,592
BOARD. IF THE MATTER INVOLVES A VIOLATION FOR WHICH A PENALTY 3,593
MAY BE IMPOSED UNDER SECTION 4734.99 OF THE REVISED CODE, THE 3,594
EXECUTIVE DIRECTOR OR A PERSON AUTHORIZED BY THE BOARD TO
REPRESENT THE EXECUTIVE DIRECTOR MAY file a complaint and 3,595
prosecute the offender. When requested by the secretary, WITH 3,597
the prosecuting attorney of the proper county. EXCEPT AS 3,598
PROVIDED IN DIVISION (B) OF THIS SECTION, THE PROSECUTING 3,599
ATTORNEY shall take charge of and conduct such THE prosecution. 3,600
(B) FOR PURPOSES OF ENFORCING THIS CHAPTER, THE BOARD MAY 3,603
PETITION A COURT OF RECORD TO APPOINT AN ATTORNEY TO ASSIST THE 3,605
PROSECUTING ATTORNEY IN THE PROSECUTION OF OFFENDERS OR TO TAKE 3,606
CHARGE OF AND CONDUCT THE PROSECUTIONS AS A SPECIAL PROSECUTOR. 3,607
THE COURT SHALL GRANT THE PETITION IF IT IS IN THE PUBLIC 3,608
INTEREST. A SPECIAL PROSECUTOR APPOINTED BY THE COURT SHALL BE 3,609
COMPENSATED BY THE BOARD IN AN AMOUNT APPROVED BY THE BOARD. 3,610
IF THE COURT BELIEVES THAT PUBLIC KNOWLEDGE OF THE 3,612
APPOINTMENT OF A SPECIAL PROSECUTOR COULD ALLOW ONE OR MORE 3,613
PERSONS TO INTERFERE WITH THE PROSECUTION OR ANY INVESTIGATION 3,614
RELATED TO THE PROSECUTION, THE COURT MAY SEAL ALL DOCUMENTS 3,615
PERTAINING TO THE APPOINTMENT. SEALED DOCUMENTS SHALL REMAIN 3,616
78
SEALED UNTIL THERE IS COURT ACTION ON THE PROSECUTION OR UNTIL 3,617
THE COURT ORDERS THE DOCUMENTS TO BE OPENED. 3,618
Sec. 4734.48. (A) FOR PURPOSES OF ENFORCING THIS CHAPTER, 3,620
THE STATE CHIROPRACTIC BOARD OR ANY OF ITS MEMBERS, THE BOARD'S 3,623
EXECUTIVE DIRECTOR, AND ANY PERSON AUTHORIZED BY THE BOARD TO 3,624
SERVE AS THE EXECUTIVE DIRECTOR'S REPRESENTATIVE MAY DO ANY OF 3,625
THE FOLLOWING:
(1) SERVE AND EXECUTE ANY PROCESS ISSUED BY ANY COURT 3,627
REGARDING THE PRACTICE OF CHIROPRACTIC AND SERVE AND EXECUTE ANY 3,628
PAPERS OR PROCESS ISSUED BY THE BOARD OR ANY OFFICER OR MEMBER OF 3,630
THE BOARD;
(2) ADMINISTER OATHS, PROPOUND INTERROGATORIES, ORDER THE 3,632
TAKING OF DEPOSITIONS, COMPEL BY SUBPOENA THAT WITNESSES APPEAR 3,634
AND TESTIFY, AND COMPEL BY SUBPOENA DUCES TECUM THE PRODUCTION OF 3,636
BOOKS, ACCOUNTS, PAPERS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE
OBJECTS. IF A PERSON FAILS TO COOPERATE IN AN INTERROGATORY OR 3,637
DEPOSITION OR FAILS TO COMPLY WITH A SUBPOENA OR SUBPOENA DUCES 3,639
TECUM, THE BOARD MAY APPLY TO THE COURT OF COMMON PLEAS OF 3,640
FRANKLIN COUNTY FOR AN ORDER COMPELLING THE PERSON TO COOPERATE 3,641
IN THE INTERROGATORY OR DEPOSITION OR TO COMPLY WITH THE SUBPOENA 3,642
OR SUBPOENA DUCES TECUM OR, FOR FAILURE TO DO SO, BE HELD IN 3,643
CONTEMPT OF COURT. THE BOARD SHALL ADOPT RULES IN ACCORDANCE 3,644
WITH CHAPTER 119. OF THE REVISED CODE ESTABLISHING PROCEDURES TO
BE FOLLOWED IN TAKING THE ACTIONS AUTHORIZED UNDER DIVISION 3,645
(A)(2) OF THIS SECTION, INCLUDING PROCEDURES REGARDING PAYMENT 3,646
FOR AND SERVICE OF SUBPOENAS. 3,647
(3) FILE WITH A JUDGE OR CLERK OF A COURT OF RECORD, OR 3,649
WITH A MAGISTRATE, AN AFFIDAVIT CHARGING A PERSON WITH COMMITTING 3,650
A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE RULES ADOPTED 3,651
UNDER IT. FOR PURPOSES OF THIS DIVISION, THE PERSON FILING THE 3,652
AFFIDAVIT IS A PEACE OFFICER WHO IS AUTHORIZED TO FILE AN 3,653
AFFIDAVIT UNDER SECTION 2935.09 OF THE REVISED CODE. 3,655
(B) ANY PROCESS, PAPER, OR OTHER DOCUMENT SERVED UNDER 3,658
THIS CHAPTER BY THE BOARD, A BOARD MEMBER, THE EXECUTIVE
79
DIRECTOR, OR AN AUTHORIZED REPRESENTATIVE OF THE EXECUTIVE 3,659
DIRECTOR MAY BE SERVED BY PERSONAL SERVICE, RESIDENCE SERVICE, OR 3,661
CERTIFIED MAIL. SERVICE MAY BE MADE AT THE INTENDED RECIPIENT'S 3,662
USUAL PLACE OF BUSINESS.
IF ATTEMPTS AT SERVICE BY PERSONAL SERVICE, RESIDENCE 3,664
SERVICE, OR CERTIFIED MAIL ARE UNSUCCESSFUL, SERVICE MAY BE MADE 3,665
AS FOLLOWS: 3,666
(1) BY ORDINARY MAIL. IF THE PROCESS, PAPER, OR OTHER 3,668
DOCUMENT THAT IS MAILED IS NOT RETURNED BY THE UNITED STATES 3,670
POSTAL SERVICE, SERVICE ON THE INTENDED RECIPIENT IS DEEMED TO 3,671
HAVE OCCURRED ON THE TENTH DAY AFTER THE MAILING.
(2) BY PUBLICATION OF A NOTICE IN ANY NEWSPAPER OF GENERAL 3,673
CIRCULATION IN THE COUNTY IN WHICH THE INTENDED RECIPIENT'S LAST 3,674
KNOWN RESIDENTIAL OR BUSINESS ADDRESS IS LOCATED. 3,675
Sec. 4734.49. (A) THE ATTORNEY GENERAL, THE PROSECUTING 3,678
ATTORNEY OF THE COUNTY IN WHICH A VIOLATION OF THIS CHAPTER IS 3,679
COMMITTED OR IS THREATENED TO BE COMMITTED OR IN WHICH THE 3,681
OFFENDER RESIDES, THE STATE CHIROPRACTIC BOARD, OR ANY OTHER
PERSON HAVING KNOWLEDGE OF A PERSON COMMITTING OR THREATENING TO 3,683
COMMIT A VIOLATION OF THIS CHAPTER MAY, IN ACCORDANCE WITH THE 3,684
PROVISIONS OF THE REVISED CODE GOVERNING INJUNCTIONS, MAINTAIN AN 3,685
ACTION IN THE NAME OF THIS STATE TO ENJOIN THE PERSON FROM 3,686
COMMITTING THE VIOLATION BY APPLYING FOR AN INJUNCTION IN ANY 3,687
COURT OF COMPETENT JURISDICTION. UPON THE FILING OF A VERIFIED 3,689
PETITION IN COURT, THE COURT SHALL CONDUCT A HEARING ON THE 3,690
PETITION AND SHALL GIVE THE SAME PREFERENCE TO THIS PROCEEDING AS 3,691
IS GIVEN ALL PROCEEDINGS UNDER CHAPTER 119. OF THE REVISED CODE, 3,693
IRRESPECTIVE OF THE POSITION OF THE PROCEEDING ON THE CALENDAR OF 3,694
THE COURT. IF THE COURT GRANTS A FINAL OR PERMANENT INJUNCTION 3,695
THAT IS A FINAL APPEALABLE ORDER, THE COURT MAY AWARD TO THE 3,696
PERSON OR ENTITY THAT MAINTAINED THE ACTION AN AMOUNT NOT 3,697
EXCEEDING FIVE THOUSAND DOLLARS TO COVER REASONABLE ATTORNEY'S 3,699
FEES, INVESTIGATIVE COSTS, AND OTHER COSTS RELATED TO THE 3,700
INVESTIGATION OR PROSECUTION OF THE CASE. INJUNCTION PROCEEDINGS 3,701
80
BROUGHT UNDER THIS SECTION SHALL BE IN ADDITION TO, AND NOT IN 3,703
LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS 3,704
CHAPTER.
(B) THE PRACTICE OF CHIROPRACTIC BY ANY PERSON NOT AT THAT 3,707
TIME HOLDING A VALID AND CURRENT LICENSE ISSUED UNDER THIS 3,711
CHAPTER IS HEREBY DECLARED TO BE INIMICAL TO THE PUBLIC WELFARE 3,713
AND TO CONSTITUTE A PUBLIC NUISANCE.
Sec. 4734.50. THIS CHAPTER DOES NOT REQUIRE THE STATE 3,715
CHIROPRACTIC BOARD TO ACT ON MINOR VIOLATIONS OF THIS CHAPTER OR 3,717
THE RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY
INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES 3,718
THAT THE PUBLIC INTEREST IS ADEQUATELY SERVED BY ISSUING A NOTICE 3,719
OR WARNING TO THE ALLEGED OFFENDER. 3,720
Sec. 4734.16 4734.53. All fines collected for violation of 3,729
section 4734.17 4734.14 OR 4734.161 of the Revised Code, shall be 3,731
distributed as follows: one half to the STATE chiropractic 3,732
examining board for deposit into the state treasury to the credit 3,733
of the occupational licensing and regulatory fund, IN ACCORDANCE 3,735
WITH SECTION 4734.54 OF THE REVISED CODE and one half to the 3,737
treasury of the county or municipal corporation in which the 3,738
offense was committed.
Sec. 4734.18 4734.54. All moneys received by the STATE 3,747
chiropractic examining board shall be paid into the state 3,750
treasury and credited to the occupational licensing and
regulatory fund. MONEYS CREDITED TO THE FUND THAT ARE THE RESULT 3,752
OF FINES COLLECTED UNDER SECTION 4734.53, FINES COLLECTED UNDER 3,753
SECTION 4734.31, AND AMOUNTS AWARDED UNDER SECTION 4734.49 OF THE 3,755
REVISED CODE SHALL BE USED SOLELY FOR PURPOSES RELATED TO THE
BOARD'S ENFORCEMENT OF THIS CHAPTER. MONEYS CREDITED TO THE FUND 3,756
THAT ARE THE RESULT OF ANY FEE CHARGED UNDER SECTION 4734.21 OF 3,757
THE REVISED CODE SHALL BE USED SOLELY FOR PURPOSES RELATED TO 3,758
IMPLEMENTING THAT SECTION.
Sec. 4734.21 4734.55. The STATE chiropractic examining 3,768
board shall provide a duplicate license to a license holder on 3,770
81
payment of a fee of ninety FORTY-FIVE dollars. 3,771
Upon written request and the payment of a fee of one 3,773
hundred seventy-five NINETY-FIVE dollars, the board shall provide 3,774
to any person a list of persons holding licenses to practice 3,777
chiropractic, AS INDICATED IN ITS REGISTER MAINTAINED PURSUANT TO 3,778
SECTION 4734.04 OF THE REVISED CODE. 3,779
The board shall maintain separate lists of the applicants 3,781
taking each examination conducted under section 4734.05 of the 3,782
Revised Code and of those who passed each examination. Upon 3,783
written request and the payment of a fee of twenty-five dollars, 3,784
the board shall provide to any person a copy of the list of 3,785
applicants taking an examination or the list of those who passed 3,786
the examination. 3,787
Upon written request from the licensee and the payment of a 3,790
fee of twenty dollars, the board shall issue certification of 3,791
licensure information to the person identified by the licensee. 3,792
Sec. 4734.20 4734.56. The STATE chiropractic examining 3,802
board, subject to the approval of the controlling board, may 3,804
establish fees in excess of the amounts provided by sections 3,805
4734.01 to 4734.99 of the Revised Code SPECIFIED IN THIS CHAPTER, 3,806
provided that such fees do not exceed the amounts permitted by 3,808
those sections SPECIFIED by more than fifty per cent. 3,809
Sec. 4734.99. (A) Whoever violates section 4734.17 3,818
4734.14 of the Revised Code is guilty of a misdemeanor FELONY of 3,820
the second FIFTH degree on a first offense and a felony of the 3,822
fifth degree on, UNLESS THE OFFENDER PREVIOUSLY HAS BEEN 3,823
CONVICTED OF OR HAS PLEADED GUILTY TO A VIOLATION OF SECTION 3,824
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.40, 3,825
2913.47, 2913.48, 2913.51, 2921.13, 4715.09, 4723.03, 4725.02, 3,826
4725.41, 4729.27, 4729.28, 4729.36, 4729.51, 4729.61, 4730.02, 3,827
4731.41, 4731.43, 4731.46, 4731.47, 4731.60, 4732.21, 4741.18, 3,828
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 3,829
THIS STATE, ANOTHER STATE, OR THE UNITED STATES THAT IS OR WAS 3,830
82
SUBSTANTIALLY EQUIVALENT TO A VIOLATION OF ANY OF THOSE SECTIONS, 3,831
IN WHICH CASE THE OFFENDER IS GUILTY OF A FELONY OF THE FOURTH 3,833
DEGREE. FOR each subsequent offense, THE OFFENDER IS GUILTY OF A 3,835
FELONY OF THE FOURTH DEGREE.
(B) Whoever violates section 4734.23 4734.161 of the 3,837
Revised Code is guilty of a misdemeanor of the first degree. 3,839
(C) WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF 3,842
SECTION 4734.32 OF THE REVISED CODE IS GUILTY OF A MINOR 3,843
MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE 3,844
PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT 3,845
THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE 3,846
SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE 3,847
THOUSAND DOLLARS FOR EACH OFFENSE. 3,848
Sec. 4755.65. (A) Nothing in sections 4755.61 to 4755.64 3,857
of the Revised Code shall be construed to prevent or restrict the 3,858
practice, services, or activities of any person who: 3,859
(1) Is an individual authorized under Chapter 4731. of the 3,862
Revised Code to practice medicine and surgery, osteopathic 3,864
medicine and surgery, or podiatry, a dentist licensed under 3,865
Chapter 4715. of the Revised Code, a chiropractor licensed under 3,867
Chapter 4734. of the Revised Code, a dietitian licensed under 3,868
Chapter 4759. of the Revised Code, or a qualified member of any 3,869
other occupation or profession practicing within the scope of the 3,871
person's license or profession and who does not claim to the
public to be an athletic trainer; 3,872
(2) Is employed as an athletic trainer by an agency of the 3,874
United States government and provides athletic training solely 3,875
under the direction or control of the agency by which the person 3,877
is employed; 3,878
(3) Is a student in a board-approved athletic training 3,880
education program leading to a baccalaureate or higher degree 3,881
from an accredited college or university and is performing duties 3,882
that are a part of a supervised course of study; 3,883
(4) Is a nonresident of this state practicing or offering 3,885
83
to practice athletic training, if the nonresident offers athletic 3,886
training services for not more than ninety calendar days per year 3,887
or, with board approval, for more than ninety but not more than 3,888
one hundred eighty calendar days per year and meets either of the 3,889
following requirements:
(a) The nonresident qualifies for licensure under section 3,891
4755.62 of the Revised Code, except for passage of the 3,892
examination required under division (C)(7) of that section; 3,893
(b) The nonresident holds a valid license issued by a 3,895
state that has licensure requirements considered by the athletic 3,896
trainers section of the Ohio occupational therapy, physical 3,897
therapy, and athletic trainers board to be comparable to those of 3,898
this state. 3,899
(5) Provides athletic training only to relatives or in 3,901
medical emergencies; 3,902
(6) Provides gratuitous care to friends or members of the 3,905
person's family;
(7) Provides only self-care. 3,907
(B) Nothing in this chapter shall be construed to prevent 3,909
any person licensed under Chapter 4723. of the Revised Code and 3,910
whose license is in good standing, any person authorized under 3,911
Chapter 4731. of the Revised Code to practice medicine and 3,913
surgery or osteopathic medicine and surgery and whose certificate 3,914
to practice is in good standing, any person authorized under 3,915
Chapter 4731. of the Revised Code to practice podiatry and whose 3,916
certificate to practice is in good standing, any person licensed 3,917
and registered under Chapter 4734. of the Revised Code to 3,918
practice chiropractic and whose license is in good standing, any 3,919
person licensed as a dietitian under Chapter 4759. of the Revised 3,920
Code to practice dietetics and whose license is in good standing, 3,921
any person licensed as a physical therapist under this chapter to 3,922
practice physical therapy and whose license is in good standing, 3,923
or any association, corporation, or partnership from advertising, 3,924
describing, or offering to provide athletic training, or billing 3,925
84
for athletic training if the athletic training services are 3,926
provided by a person licensed under this chapter and practicing 3,927
within the scope of the person's license, by a person licensed 3,929
under Chapter 4723. of the Revised Code and practicing within the 3,930
scope of the person's license, by a person authorized under 3,932
Chapter 4731. of the Revised Code to practice podiatry, by a 3,933
person authorized under Chapter 4731. of the Revised Code to 3,934
practice medicine and surgery or osteopathic medicine and 3,935
surgery, by a person licensed under Chapter 4734. of the Revised 3,936
Code to practice chiropractic, or by a person licensed under 3,937
Chapter 4759. of the Revised Code to practice dietetics. 3,938
(C) Nothing in this chapter shall be construed as 3,940
authorizing a licensed athletic trainer to practice medicine and 3,941
surgery, osteopathic medicine and surgery, podiatry, or 3,942
chiropractic. 3,943
Sec. 4779.16. The state board of orthotics, prosthetics, 3,953
and pedorthics shall issue a license under section 4779.09 of the 3,954
Revised Code to practice orthotics, prosthetics, orthotics and 3,956
prosthetics, or pedorthics without examination to an applicant
who meets the requirements of divisions (A) and (B) of this 3,957
section: 3,958
(A) Not later than one hundred eighty days after the 3,960
effective date of this section JULY 27, 2001, applies to the 3,962
board in accordance with section 4779.09 of the Revised Code; 3,963
(B)(1) In the case of an applicant for a license to 3,965
practice orthotics, is actively practicing or teaching orthotics 3,967
on the effective date of this section OCTOBER 27, 2000, and 3,968
complies with division (B)(2)(a) or (b) of this section: 3,969
(a) The applicant meets all of the following requirements: 3,971
(i) Holds a bachelor's degree or higher from a nationally 3,974
accredited college or university in the United States; 3,975
(ii) Has completed a certificate program in orthotics 3,978
approved by the board under section 4779.26 of the Revised Code; 3,979
(iii) Is certified in orthotics by the American board for 3,982
85
certification in orthotics and prosthetics, the board of
orthotist/prosthetist certification, or an equivalent successor 3,983
organization recognized by the board; 3,984
(iv) Has completed a residency program approved by the 3,986
board under section 4779.27 of the Revised Code. 3,987
(b) The individual meets both of the following 3,989
requirements:
(i) Has a minimum of three years of documented, full-time 3,992
experience practicing or teaching orthotics;
(ii) Has passed the certification examination in orthotics 3,995
developed by the American board of certification in orthotics and 3,996
prosthetics, the board of orthotist/prosthetist certification, or 3,997
an equivalent organization recognized by the board. 3,998
(2) In the case of an applicant for a license to practice 4,000
prosthetics, is actively practicing or teaching prosthetics on 4,002
the effective date of this section OCTOBER 27, 2000, and complies 4,003
with division (B)(2)(a) or (b) of this section: 4,004
(a) The applicant meets all of the following requirements: 4,006
(i) Holds a bachelor's degree or higher from a nationally 4,009
accredited college or university in the United States; 4,010
(ii) Has completed a certificate program in prosthetics 4,013
approved by the board under section 4779.26 of the Revised Code; 4,014
(iii) Is certified in prosthetics by the American board 4,016
for certification in orthotics and prosthetics, the board of 4,017
orthotist/prosthetist certification, or an equivalent successor 4,018
organization recognized by the board; 4,019
(iv) Has completed a residency program approved by the 4,021
board under section 4779.27 of the Revised Code. 4,022
(b) The applicant meets both of the following 4,024
requirements:
(i) Has a minimum of three years of documented, full-time 4,027
experience practicing or teaching prosthetics;
(ii) Has passed the certification examination in 4,029
prosthetics of the American board of certification in orthotics 4,030
86
and prosthetics, the board of orthotist/prosthetist 4,031
certification, or an equivalent organization recognized by the 4,032
board.
(3) In the case of an applicant for a license to practice 4,034
orthotics and prosthetics, the applicant complies with division 4,035
(B)(3)(a) or (b) of this section: 4,036
(a) The applicant meets all of the following requirements: 4,038
(i) Holds a bachelor's degree or higher from an accredited 4,041
college or university in the United States;
(ii) Has completed a certificate program in orthotics and 4,044
prosthetics approved by the board under section 4779.26 of the 4,045
Revised Code;
(iii) Has completed a residency program in orthotics and 4,048
prosthetics approved under section 4779.27 of the Revised Code; 4,049
(iv) Is certified in orthotics and prosthetics by the 4,051
American board for certification in orthotics and prosthetics, 4,053
the board of orthotist/prosthetist certification, or an 4,054
equivalent successor organization recognized by the board; 4,055
(b) The applicant meets both of the following 4,057
requirements:
(i) Has a minimum of six years of documented, full-time 4,060
experience practicing or teaching orthotics and prosthetics; 4,061
(ii) Has passed the orthotics and prosthetics 4,063
certification examination requirements of the American board for 4,064
certification in orthotics and prosthetics, the board of 4,066
orthotist/prosthetist certification, or an equivalent 4,067
organization recognized by the board. 4,068
(4) In the case of an applicant for a license to practice 4,070
pedorthics, is actively practicing or teaching pedorthics on the 4,072
effective date of this section OCTOBER 27, 2000, and is certified 4,073
in pedorthics by the board for certification in pedorthics. 4,074
Sec. 5903.12. (A) As used in this section: 4,083
(1) "Continuing education" means continuing education 4,085
required of a licensee by law and includes, but is not limited 4,086
87
to, the continuing education required of licensees under sections 4,087
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24, 4,088
4725.16, 4725.51, 4731.281, 4734.25, 4735.141, 4736.11, 4741.16, 4,090
4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and 4763.07 4,092
of the Revised Code.
(2) "License" means a license, certificate, permit, or 4,094
other authorization issued or conferred by a licensing agency 4,095
under which a licensee may engage in a profession, occupation, or 4,096
occupational activity. 4,097
(3) "Licensee" means a person to whom all of the following 4,099
apply: 4,100
(a) The person has been issued a license by a licensing 4,102
agency. 4,103
(b) The person is a member of the Ohio national guard, the 4,105
Ohio military reserve, the Ohio naval militia, or a reserve 4,106
component of the armed forces of the United States. 4,107
(c) The person has been called to active duty, whether 4,109
inside or outside the United States, because of an executive 4,111
order issued by the president of the United States or an act of 4,112
congress, for a period in excess of thirty-one days. 4,113
(4) "Licensing agency" means any state department, 4,115
division, board, commission, agency, or other state governmental 4,116
unit authorized by the Revised Code to issue a license. 4,117
(5) "Reporting period" means the period of time during 4,119
which a licensee must complete the number of hours of continuing 4,120
education required of the licensee by law. 4,121
(B) Each licensing agency, upon receiving an application 4,123
from one of its licensees that is accompanied by proper 4,124
documentation certifying that the licensee has been called to 4,125
active duty as described in division (A)(3)(c) of this section 4,127
during the current or a prior reporting period and certifying the 4,128
length of that active duty, shall extend the current reporting 4,129
period by an amount of time equal to the total number of months 4,130
that the licensee spent on active duty during the current 4,131
88
reporting period. For purposes of this division, any portion of 4,132
a month served on active duty shall be considered one full month. 4,133
Section 2. That existing sections 119.06, 119.12, 121.22, 4,135
125.22, 2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 3729.40, 4,137
4734.01, 4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07, 4,138
4734.08, 4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12, 4,139
4734.13, 4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19, 4,140
4734.20, 4734.21, 4734.22, 4734.23, 4734.99, 4755.65, 4779.16, 4,141
and 5903.12 of the Revised Code are hereby repealed. 4,142
Section 3. This act shall be known as the Patient 4,144
Protection and Professional Standards Act of 2000. 4,145
Section 4. Wherever the Chiropractic Examining Board or 4,147
its secretary are referred to in any law, contract, or other 4,148
document, the reference shall be deemed to refer to the State 4,149
Chiropractic Board or its executive director, whichever is 4,150
appropriate. No action or proceeding pending on the effective 4,151
date of this act is affected by the renaming of the Chiropractic 4,152
Examining Board and shall be prosecuted or defended in the name 4,153
of the State Chiropractic Board or its executive director. 4,154
Section 5. The authority this act grants to the State 4,156
Chiropractic Board to adopt rules under Chapter 4734. of the 4,157
Revised Code shall not be construed to allow the Board to 4,158
prohibit or restrict commercial speech by time, place, or medium 4,159
of solicitation on behalf of chiropractors.
Section 6. The authority this act grants to the State 4,161
Chiropractic Board to take disciplinary action under section 4,162
4734.31 of the Revised Code against a person who has been found 4,163
eligible for intervention in lieu of conviction extends to a 4,164
person who, prior to the effective date of Am. Sub. S.B. 107 of 4,165
the 123rd General Assembly, was found eligible for treatment in 4,166
lieu of conviction.
Section 7. The amendment of section 4779.16 of the Revised 4,168
Code is not intended to supersede the earlier repeal, with 4,169
delayed effective date, of that section. 4,170
89
Section 8. Section 119.12 of the Revised Code is presented 4,172
in this act as a composite of the section as amended by both Am. 4,174
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 4,176
letters. This is in recognition of the principle stated in 4,177
division (B) of section 1.52 of the Revised Code that such 4,178
amendments are to be harmonized where not substantively 4,179
irreconcilable and constitutes a legislative finding that such is 4,180
the resulting version in effect prior to the effective date of 4,181
this act.