As Passed by the Senate                       1            

123rd General Assembly                                             4            

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

      1999-2000                                                    6            


REPRESENTATIVES SCHURING-OGG-DePIERO-VAN VYVEN-ASLANIDES-BUEHRER-  8            

  TIBERI-JONES-FORD-GOODMAN-PERRY-STEVENS-SCHULER-DAMSCHRODER-     9            

       JOLIVETTE-VERICH-O'BRIEN-HARRIS-KRUPINSKI-SALERNO-          11           

          SENATORS DRAKE-WACHTMANN-PRENTISS-HAGAN-SPADA                         


_________________________________________________________________   13           

                          A   B I L L                                           

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

                2317.02, 2929.24, 3701.74, 3719.12, 3719.121,      17           

                3729.40, 4734.01, 4734.02, 4734.03, 4734.04,       18           

                4734.05, 4734.06, 4734.07, 4734.08, 4734.09,       19           

                4734.091, 4734.10, 4734.101, 4734.11, 4734.12,     21           

                4734.13, 4734.14, 4734.15, 4734.16, 4734.17,       23           

                4734.18, 4734.19, 4734.20, 4734.21, 4734.22,       24           

                4734.99, 4755.65, 4779.16, and 5903.12; to amend,  25           

                for the purpose of adopting new section numbers    27           

                as indicated in parentheses, sections 4734.01      28           

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

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

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

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

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

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

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

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

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

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

                4734.01, 4734.06, 4734.07, 4734.09, 4734.10,       40           

                4734.16, 4734.19, 4734.21, and 4734.22 and                      

                sections 4734.201, 4734.26, 4734.27, 4734.32,      42           

                4734.35, 4734.36, 4734.39, 4734.40, 4734.41,       43           

                4734.42, 4734.48, 4734.49, and 4734.50 of the      44           

                                                          2      


                                                                 
                Revised Code to revise the laws pertaining to the  45           

                regulation of chiropractors; to make changes in    46           

                the law governing testimonial privilege in         47           

                certain cases; to extend the date by which an      48           

                application must be made to receive a license                   

                without examination in the practice of orthotics,  49           

                prosthetics, or pedorthics; and to provide that                 

                the provisions of this act relative to the         50           

                practices of orthotics, prosthetics, and           51           

                pedorthics terminate on December 31, 2004, when                 

                section 4779.16 of the Revised Code is repealed    52           

                on that date.                                                   




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        54           

      Section 1.  That sections 119.06, 119.12, 121.22, 125.22,    56           

2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 3729.40, 4734.01,    58           

4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07, 4734.08,     59           

4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12, 4734.13,   60           

4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19, 4734.20,     61           

4734.21, 4734.22, 4734.99, 4755.65, 4779.16, and 5903.12 be        62           

amended; sections 4734.01 (4734.02), 4734.02 (4734.05), 4734.03    63           

(4734.04), 4734.04 (4734.03), 4734.05 (4734.20), 4734.06           64           

(4734.23), 4734.07 (4734.25), 4734.09 (4734.15), 4734.091          65           

(4734.17), 4734.10 (4734.31), 4734.101 (4734.37), 4734.11          66           

(4734.38), 4734.12 (4734.34), 4734.13 (4734.46), 4734.14           67           

(4734.45), 4734.15 (4734.47), 4734.16 (4734.53), 4734.17           68           

(4734.14), 4734.18 (4734.54), 4734.19 (4734.24), 4734.20           69           

(4734.56), 4734.21 (4734.55), 4734.22 (4734.311), and 4734.23      70           

(4734.161) be amended for the purpose of adopting new section      72           

numbers as indicated in parentheses; and new sections 4734.01,     73           

4734.06, 4734.07, 4734.09, 4734.10, 4734.16, 4734.19, 4734.21,     74           

and 4734.22 and sections 4734.201, 4734.26, 4734.27, 4734.32,      77           

4734.35, 4734.36, 4734.39, 4734.40, 4734.41, 4734.42, 4734.48,     78           

                                                          3      


                                                                 
4734.49, and 4734.50 of the Revised Code be enacted to read as     79           

follows:                                                           80           

      Sec. 119.06.  No adjudication order of an agency shall be    90           

valid unless the agency is specifically authorized by law to make  91           

such order.                                                        92           

      No adjudication order shall be valid unless an opportunity   94           

for a hearing is afforded in accordance with sections 119.01 to    95           

119.13 of the Revised Code.  Such opportunity for a hearing shall  96           

be given before making the adjudication order except in those      97           

situations where this section provides otherwise.                  98           

      The following adjudication orders shall be effective         100          

without a hearing:                                                 101          

      (A)  Orders revoking a license in cases where an agency is   103          

required by statute to revoke a license pursuant to the judgment   104          

of a court;                                                        105          

      (B)  Orders suspending a license where a statute             107          

specifically permits the suspension of a license without a         108          

hearing;                                                           109          

      (C)  Orders or decisions of an authority within an agency    111          

if the rules of the agency or the statutes pertaining to such      112          

agency specifically give a right of appeal to a higher authority   113          

within such agency, to another agency, or to the board of tax      114          

appeals, and also give the appellant a right to a hearing on such  115          

appeal.                                                            116          

      When a statute permits the suspension of a license without   118          

a prior hearing, any agency issuing an order pursuant to such      119          

statute shall afford the person to whom the order is issued a      120          

hearing upon request.                                              121          

      Whenever an agency claims that a person is required by       123          

statute to obtain a license, it shall afford a hearing upon the    124          

request of a person who claims that the law does not impose such   125          

a requirement.                                                     126          

      Every agency shall afford a hearing upon the request of any  128          

person who has been refused admission to an examination where      129          

                                                          4      


                                                                 
such examination is a prerequisite to the issuance of a license    130          

unless a hearing was held prior to such refusal.                   131          

      Unless a hearing was held prior to the refusal to issue the  133          

license, every agency shall afford a hearing upon the request of   134          

a person whose application for a license has been rejected and to  135          

whom the agency has refused to issue a license, whether it is a    136          

renewal or a new license, except that the following are not        137          

required to afford a hearing to a person to whom a new license     138          

has been refused because the person failed a licensing             139          

examination:  the state medical board, STATE chiropractic          140          

examining board, board of examiners of architects, board of        142          

landscape architect examiners, and any section of the Ohio         143          

occupational therapy, physical therapy, and athletic trainers      144          

board.                                                                          

      When periodic registration of licenses is required by law,   146          

the agency shall afford a hearing upon the request of any          147          

licensee whose registration has been denied, unless a hearing was  148          

held prior to such denial.                                         149          

      When periodic registration of licenses or renewal of         151          

licenses is required by law, a licensee who has filed his AN       152          

application for registration or renewal within the time and in     153          

the manner provided by statute or rule of the agency, shall not    154          

be required to discontinue a licensed business or profession       155          

merely because of the failure of the agency to act on his THE      156          

LICENSEE'S application.  Action of an agency rejecting any such    158          

application shall not be effective prior to fifteen days after     159          

notice of the rejection is mailed to the licensee.                 160          

      Sec. 119.12.  Any party adversely affected by any order of   169          

an agency issued pursuant to an adjudication denying an applicant  170          

admission to an examination, or denying the issuance or renewal    171          

of a license or registration of a licensee, or revoking or         172          

suspending a license, or allowing the payment of a forfeiture      173          

under section 4301.252 of the Revised Code, may appeal from the    174          

order of the agency to the court of common pleas of the county in  175          

                                                          5      


                                                                 
which the place of business of the licensee is located or the      176          

county in which the licensee is a resident, except that appeals    177          

from decisions of the liquor control commission, the state         179          

medical board, STATE chiropractic examining board, and board of    180          

nursing shall be to the court of common pleas of Franklin county.  181          

If any such party is not a resident of and has no place of         182          

business in this state, the party may appeal to the court of       184          

common pleas of Franklin county.                                                

      Any party adversely affected by any order of an agency       186          

issued pursuant to any other adjudication may appeal to the court  187          

of common pleas of Franklin county, except that appeals from       188          

orders of the fire marshal issued under Chapter 3737. of the       189          

Revised Code may be to the court of common pleas of the county in  190          

which the building of the aggrieved person is located.             191          

      This section does not apply to appeals from the department   193          

of taxation.                                                       194          

      Any party desiring to appeal shall file a notice of appeal   196          

with the agency setting forth the order appealed from and the      197          

grounds of the party's appeal.  A copy of such notice of appeal    199          

shall also be filed by the appellant with the court.  Unless       200          

otherwise provided by law relating to a particular agency, such    201          

notices of appeal shall be filed within fifteen days after the     202          

mailing of the notice of the agency's order as provided in this    203          

section.  For purposes of this paragraph, an order includes a      204          

determination appealed pursuant to division (C) of section         205          

119.092 of the Revised Code.                                       206          

      The filing of a notice of appeal shall not automatically     208          

operate as a suspension of the order of an agency.  If it appears  209          

to the court that an unusual hardship to the appellant will        210          

result from the execution of the agency's order pending            211          

determination of the appeal, the court may grant a suspension and  212          

fix its terms.  If an appeal is taken from the judgment of the     213          

court and the court has previously granted a suspension of the     214          

agency's order as provided in this section, such suspension of     215          

                                                          6      


                                                                 
the agency's order shall not be vacated and shall be given full    216          

force and effect until the matter is finally adjudicated.  No      217          

renewal of a license or permit shall be denied by reason of such   218          

suspended order during the period of the appeal from the decision  219          

of the court of common pleas.  In the case of an appeal from the   220          

state medical board or STATE chiropractic examining board, the     221          

court may grant a suspension and fix its terms if it appears to    222          

the court that an unusual hardship to the appellant will result    223          

from the execution of the agency's order pending determination of  224          

the appeal and the health, safety, and welfare of the public will  225          

not be threatened by suspension of the order.  This provision      226          

shall not be construed to limit the factors the court may          227          

consider in determining whether to suspend an order of any other   228          

agency pending determination of an appeal.                         229          

      The final order of adjudication may apply to any renewal of  231          

a license or permit which has been granted during the period of    232          

the appeal.                                                        233          

      Notwithstanding any other provision of this section, any     235          

order issued by a court of common pleas or a court of appeals      236          

suspending the effect of an order of the liquor control            238          

commission issued pursuant to Chapter 4301. or 4303. of the        239          

Revised Code that suspends, revokes, or cancels a permit issued    240          

under Chapter 4303. of the Revised Code, or that allows the        241          

payment of a forfeiture under section 4301.252 of the Revised      243          

Code, shall terminate not more than six months after the date of   244          

the filing of the record of the liquor control commission with     245          

the clerk of the court of common pleas and shall not be extended.  247          

The court of common pleas, or the court of appeals on appeal,      248          

shall render a judgment in that matter within six months after                  

the date of the filing of the record of the liquor control         249          

commission with the clerk of the court of common pleas.  A court   250          

of appeals shall not issue an order suspending the effect of an    251          

order of the liquor control commission that extends beyond six     252          

months after the date on which the record of the liquor control    253          

                                                          7      


                                                                 
commission is filed with a court of common pleas.                               

      Notwithstanding any other provision of this section, any     255          

order issued by a court of common pleas suspending the effect of   256          

an order of the state medical board or STATE chiropractic          257          

examining board that limits, revokes, suspends, places on          258          

probation, or refuses to register or reinstate a certificate       259          

issued by the board or reprimands the holder of such a             260          

certificate shall terminate not more than fifteen months after     261          

the date of the filing of a notice of appeal in the court of       262          

common pleas, or upon the rendering of a final decision or order   263          

in the appeal by the court of common pleas, whichever occurs       264          

first.                                                                          

      Within thirty days after receipt of a notice of appeal from  266          

an order in any case in which a hearing is required by sections    267          

119.01 to 119.13 of the Revised Code, the agency shall prepare     268          

and certify to the court a complete record of the proceedings in   269          

the case.  Failure of the agency to comply within the time         270          

allowed, upon motion, shall cause the court to enter a finding in  271          

favor of the party adversely affected.  Additional time, however,  272          

may be granted by the court, not to exceed thirty days, when it    273          

is shown that the agency has made substantial effort to comply.    274          

Such record shall be prepared and transcribed and the expense of   275          

it shall be taxed as a part of the costs on the appeal.  The       276          

appellant shall provide security for costs satisfactory to the     277          

court of common pleas.  Upon demand by any interested party, the   278          

agency shall furnish at the cost of the party requesting it a      279          

copy of the stenographic report of testimony offered and evidence  280          

submitted at any hearing and a copy of the complete record.        281          

      Notwithstanding any other provision of this section, any     283          

party desiring to appeal an order or decision of the state         284          

personnel board of review shall, at the time of filing a notice    285          

of appeal with the board, provide a security deposit in an amount  286          

and manner prescribed in rules that the board shall adopt in       287          

accordance with this chapter.  In addition, the board is not       288          

                                                          8      


                                                                 
required to prepare or transcribe the record of any of its         289          

proceedings unless the appellant has provided the deposit          290          

described above.  The failure of the board to prepare or           291          

transcribe a record for an appellant who has not provided a        292          

security deposit shall not cause a court to enter a finding        293          

adverse to the board.                                              294          

      Unless otherwise provided by law, in the hearing of the      296          

appeal, the court is confined to the record as certified to it by  297          

the agency.  Unless otherwise provided by law, the court may       298          

grant a request for the admission of additional evidence when      299          

satisfied that such additional evidence is newly discovered and    300          

could not with reasonable diligence have been ascertained prior    301          

to the hearing before the agency.                                  302          

      The court shall conduct a hearing on such appeal and shall   304          

give preference to all proceedings under sections 119.01 to        305          

119.13 of the Revised Code, over all other civil cases,            306          

irrespective of the position of the proceedings on the calendar    307          

of the court.  An appeal from an order of the state medical board  308          

issued pursuant to division (G) of either section 4730.25 or       310          

4731.22 of the Revised Code, or the STATE chiropractic examining   311          

board issued pursuant to section 4734.101 4734.37 of the Revised   312          

Code, or the liquor control commission issued pursuant to Chapter  313          

4301. or 4303. of the Revised Code shall be set down for hearing   314          

at the earliest possible time and takes precedence over all other  315          

actions.  The hearing in the court of common pleas shall proceed   316          

as in the trial of a civil action, and the court shall determine   317          

the rights of the parties in accordance with the laws applicable   318          

to such action.  At such hearing, counsel may be heard on oral     319          

argument, briefs may be submitted, and evidence introduced if the  320          

court has granted a request for the presentation of additional     321          

evidence.                                                                       

      The court may affirm the order of the agency complained of   323          

in the appeal if it finds, upon consideration of the entire        324          

record and such additional evidence as the court has admitted,     325          

                                                          9      


                                                                 
that the order is supported by reliable, probative, and            326          

substantial evidence and is in accordance with law.  In the        327          

absence of such a finding, it may reverse, vacate, or modify the   328          

order or make such other ruling as is supported by reliable,       329          

probative, and substantial evidence and is in accordance with      330          

law.  The court shall award compensation for fees in accordance    331          

with section 2335.39 of the Revised Code to a prevailing party,    332          

other than an agency, in an appeal filed pursuant to this          333          

section.                                                           334          

      The judgment of the court shall be final and conclusive      336          

unless reversed, vacated, or modified on appeal.  Such appeals     337          

may be taken either by the party or the agency, shall proceed as   338          

in the case of appeals in civil actions, and shall be pursuant to  339          

the Rules of Appellate Procedure and, to the extent not in         340          

conflict with those rules, Chapter 2505. of the Revised Code.      341          

Such appeal by the agency shall be taken on questions of law       342          

relating to the constitutionality, construction, or                343          

interpretation of statutes and rules of the agency, and in such    344          

appeal the court may also review and determine the correctness of  345          

the judgment of the court of common pleas that the order of the    346          

agency is not supported by any reliable, probative, and            347          

substantial evidence in the entire record.                         348          

      The court shall certify its judgment to such agency or take  350          

such other action necessary to give its judgment effect.           351          

      Sec. 121.22.  (A)  This section shall be liberally           360          

construed to require public officials to take official action and  361          

to conduct all deliberations upon official business only in open   362          

meetings unless the subject matter is specifically excepted by     363          

law.                                                               364          

      (B)  As used in this section:                                366          

      (1)  "Public body" means any of the following:               368          

      (a)  Any board, commission, committee, council, or similar   370          

decision-making body of a state agency, institution, or            371          

authority, and any legislative authority or board, commission,     372          

                                                          10     


                                                                 
committee, council, agency, authority, or similar decision-making  374          

body of any county, township, municipal corporation, school        375          

district, or other political subdivision or local public           376          

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    378          

division (B)(1)(a) of this section;                                379          

      (c)  A court of jurisdiction of a sanitary district          381          

organized wholly for the purpose of providing a water supply for   382          

domestic, municipal, and public use when meeting for the purpose   384          

of the appointment, removal, or reappointment of a member of the   385          

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        386          

related to such a district other than litigation involving the     387          

district.  As used in division (B)(1)(c) of this section, "court   388          

of jurisdiction" has the same meaning as "court" in section        389          

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       391          

public business of the public body by a majority of its members.   392          

      (3)  "Regulated individual" means either of the following:   394          

      (a)  A student in a state or local public educational        396          

institution;                                                       397          

      (b)  A person who is, voluntarily or involuntarily, an       399          

inmate, patient, or resident of a state or local institution       400          

because of criminal behavior, mental illness or retardation,       401          

disease, disability, age, or other condition requiring custodial   402          

care.                                                              403          

      (C)  All meetings of any public body are declared to be      405          

public meetings open to the public at all times.  A member of a    406          

public body shall be present in person at a meeting open to the    408          

public to be considered present or to vote at the meeting and for  409          

purposes of determining whether a quorum is present at the         410          

meeting.                                                           411          

      The minutes of a regular or special meeting of any public    414          

body shall be promptly prepared, filed, and maintained and shall   415          

                                                          11     


                                                                 
be open to public inspection.  The minutes need only reflect the   416          

general subject matter of discussions in executive sessions        417          

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

      (D)  This section does not apply to any of the following:    419          

      (1)  A grand jury;                                           421          

      (2)  An audit conference conducted by the auditor of state   423          

or independent certified public accountants with officials of the  425          

public office that is the subject of the audit;                    426          

      (3)  The adult parole authority when its hearings are        429          

conducted at a correctional institution for the sole purpose of    430          

interviewing inmates to determine parole or pardon;                431          

      (4)  The organized crime investigations commission           433          

established under section 177.01 of the Revised Code;              434          

      (5)  Meetings of a child fatality review board established   436          

under section 307.621 of the Revised Code and meetings conducted   437          

pursuant to sections 5153.171 to 5153.173 of the Revised Code;     439          

      (6)  The state medical board when determining whether to     441          

suspend a certificate without a prior hearing pursuant to          442          

division (G) of either section 4730.25 or 4731.22 of the Revised   444          

Code;                                                                           

      (7)  The board of nursing when determining whether to        447          

suspend a license or certificate without a prior hearing pursuant  449          

to division (B) of section 4723.281 of the Revised Code;           450          

      (8)  The state board of pharmacy when determining whether    452          

to suspend a license without a prior hearing pursuant to division  453          

(D) of section 4729.16 of the Revised Code;                        454          

      (9)  THE STATE CHIROPRACTIC BOARD WHEN DETERMINING WHETHER   456          

TO SUSPEND A LICENSE WITHOUT A HEARING PURSUANT TO SECTION         457          

4734.37 OF THE REVISED CODE.                                                    

      (10)  The executive committee of the emergency response      459          

commission when determining whether to issue an enforcement order  460          

or request that a civil action, civil penalty action, or criminal  461          

action be brought to enforce Chapter 3750. of the Revised Code.    462          

      (E)  The controlling board, the development financing        464          

                                                          12     


                                                                 
advisory council, the industrial technology and enterprise         465          

advisory council, the tax credit authority, or the minority        467          

development financing advisory board, when meeting to consider     468          

granting assistance pursuant to Chapter 122. or 166. of the        469          

Revised Code, in order to protect the interest of the applicant    470          

or the possible investment of public funds, by unanimous vote of   471          

all board, council, or authority members present, may close the    473          

meeting during consideration of the following information          475          

confidentially received by the authority, council, or board from   476          

the applicant:                                                     478          

      (1)  Marketing plans;                                        480          

      (2)  Specific business strategy;                             482          

      (3)  Production techniques and trade secrets;                484          

      (4)  Financial projections;                                  486          

      (5)  Personal financial statements of the applicant or       488          

members of the applicant's immediate family, including, but not    489          

limited to, tax records or other similar information not open to   491          

public inspection.                                                 492          

      The vote by the authority, council, or board to accept or    496          

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   499          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           501          

reasonable method whereby any person may determine the time and    502          

place of all regularly scheduled meetings and the time, place,     503          

and purpose of all special meetings.  A public body shall not      504          

hold a special meeting unless it gives at least twenty-four        505          

hours' advance notice to the news media that have requested        506          

notification, except in the event of an emergency requiring        507          

immediate official action.  In the event of an emergency, the      508          

member or members calling the meeting shall notify the news media  509          

that have requested notification immediately of the time, place,   510          

and purpose of the meeting.                                        511          

      The rule shall provide that any person, upon request and     514          

                                                          13     


                                                                 
payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  515          

business is to be discussed.  Provisions for advance notification  516          

may include, but are not limited to, mailing the agenda of         517          

meetings to all subscribers on a mailing list or mailing notices   518          

in self-addressed, stamped envelopes provided by the person.       519          

      (G)  Except as provided in division (J) of this section,     522          

the members of a public body may hold an executive session only    523          

after a majority of a quorum of the public body determines, by a   524          

roll call vote, to hold an executive session and only at a         526          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     527          

      (1)  To consider the appointment, employment, dismissal,     529          

discipline, promotion, demotion, or compensation of a public       530          

employee or official, or the investigation of charges or           531          

complaints against a public employee, official, licensee, or       532          

regulated individual, unless the public employee, official,        533          

licensee, or regulated individual requests a public hearing.       534          

Except as otherwise provided by law, no public body shall hold an  535          

executive session for the discipline of an elected official for    536          

conduct related to the performance of the elected official's       537          

official duties or for the elected official's removal from         539          

office.  If a public body holds an executive session pursuant to   541          

division (G)(1) of this section, the motion and vote to hold that  542          

executive session shall state which one or more of the approved    543          

purposes listed in division (G)(1) of this section are the         544          

purposes for which the executive session is to be held, but need   545          

not include the name of any person to be considered at the         546          

meeting.                                                                        

      (2)  To consider the purchase of property for public         548          

purposes, or for the sale of property at competitive bidding, if   549          

premature disclosure of information would give an unfair           550          

competitive or bargaining advantage to a person whose personal,    551          

private interest is adverse to the general public interest.  No    552          

                                                          14     


                                                                 
member of a public body shall use division (G)(2) of this section  554          

as a subterfuge for providing covert information to prospective    556          

buyers or sellers.  A purchase or sale of public property is void  557          

if the seller or buyer of the public property has received covert  558          

information from a member of a public body that has not been       559          

disclosed to the general public in sufficient time for other       560          

prospective buyers and sellers to prepare and submit offers.       561          

      If the minutes of the public body show that all meetings     563          

and deliberations of the public body have been conducted in        564          

compliance with this section, any instrument executed by the       565          

public body purporting to convey, lease, or otherwise dispose of   566          

any right, title, or interest in any public property shall be      567          

conclusively presumed to have been executed in compliance with     568          

this section insofar as title or other interest of any bona fide   569          

purchasers, lessees, or transferees of the property is concerned.  570          

      (3)  Conferences with an attorney for the public body        572          

concerning disputes involving the public body that are the         573          

subject of pending or imminent court action;                       574          

      (4)  Preparing for, conducting, or reviewing negotiations    576          

or bargaining sessions with public employees concerning their      577          

compensation or other terms and conditions of their employment;    578          

      (5)  Matters required to be kept confidential by federal     580          

law or regulations or state statutes;                              581          

      (6)  Specialized details of security arrangements if         583          

disclosure of the matters discussed might reveal information that  584          

could be used for the purpose of committing, or avoiding           585          

prosecution for, a violation of the law;                           586          

      (7)  In the case of a county hospital operated pursuant to   588          

Chapter 339. of the Revised Code, to consider trade secrets, as    590          

defined in section 1333.61 of the Revised Code.                                 

      If a public body holds an executive session to consider any  592          

of the matters listed in divisions (G)(2) to (7) of this section,  594          

the motion and vote to hold that executive session shall state     595          

which one or more of the approved matters listed in those          596          

                                                          15     


                                                                 
divisions are to be considered at the executive session.           597          

      A public body specified in division (B)(1)(c) of this        600          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               601          

      (H)  A resolution, rule, or formal action of any kind is     603          

invalid unless adopted in an open meeting of the public body.  A   604          

resolution, rule, or formal action adopted in an open meeting      605          

that results from deliberations in a meeting not open to the       606          

public is invalid unless the deliberations were for a purpose      607          

specifically authorized in division (G) or (J) of this section     608          

and conducted at an executive session held in compliance with      609          

this section.  A resolution, rule, or formal action adopted in an  610          

open meeting is invalid if the public body that adopted the        611          

resolution, rule, or formal action violated division (F) of this   612          

section.                                                           613          

      (I)(1)  Any person may bring an action to enforce this       615          

section.  An action under division (I)(1) of this section shall    617          

be brought within two years after the date of the alleged          618          

violation or threatened violation.  Upon proof of a violation or   619          

threatened violation of this section in an action brought by any   620          

person, the court of common pleas shall issue an injunction to     621          

compel the members of the public body to comply with its           622          

provisions.                                                        623          

      (2)(a)  If the court of common pleas issues an injunction    625          

pursuant to division (I)(1) of this section, the court shall       626          

order the public body that it enjoins to pay a civil forfeiture    627          

of five hundred dollars to the party that sought the injunction    628          

and shall award to that party all court costs and, subject to      629          

reduction as described in division (I)(2) of this section,         631          

reasonable attorney's fees.  The court, in its discretion, may     632          

reduce an award of attorney's fees to the party that sought the    633          

injunction or not award attorney's fees to that party if the       634          

court determines both of the following:                            635          

      (i)  That, based on the ordinary application of statutory    637          

                                                          16     


                                                                 
law and case law as it existed at the time of violation or         638          

threatened violation that was the basis of the injunction, a       639          

well-informed public body reasonably would believe that the        640          

public body was not violating or threatening to violate this       641          

section;                                                           642          

      (ii)  That a well-informed public body reasonably would      644          

believe that the conduct or threatened conduct that was the basis  645          

of the injunction would serve the public policy that underlies     646          

the authority that is asserted as permitting that conduct or       647          

threatened conduct.                                                648          

      (b)  If the court of common pleas does not issue an          650          

injunction pursuant to division (I)(1) of this section and the     651          

court determines at that time that the bringing of the action was  652          

frivolous conduct, as defined in division (A) of section 2323.51   653          

of the Revised Code, the court shall award to the public body all  654          

court costs and reasonable attorney's fees, as determined by the   655          

court.                                                             656          

      (3)  Irreparable harm and prejudice to the party that        658          

sought the injunction shall be conclusively and irrebuttably       659          

presumed upon proof of a violation or threatened violation of      660          

this section.                                                      661          

      (4)  A member of a public body who knowingly violates an     663          

injunction issued pursuant to division (I)(1) of this section may  664          

be removed from office by an action brought in the court of        665          

common pleas for that purpose by the prosecuting attorney or the   666          

attorney general.                                                  667          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   669          

Revised Code, a veterans service commission shall hold an          670          

executive session for one or more of the following purposes        671          

unless an applicant requests a public hearing:                     672          

      (a)  Interviewing an applicant for financial assistance      674          

under sections 5901.01 to 5901.15 of the Revised Code;             675          

      (b)  Discussing applications, statements, and other          677          

documents described in division (B) of section 5901.09 of the      678          

                                                          17     


                                                                 
Revised Code;                                                      679          

      (c)  Reviewing matters relating to an applicant's request    681          

for financial assistance under sections 5901.01 to 5901.15 of the  682          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      684          

applicant for, recipient of, or former recipient of financial      685          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  686          

and shall not exclude representatives selected by the applicant,   688          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   689          

applicant's, recipient's, or former recipient's application for    690          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   692          

or denial of financial assistance under sections 5901.01 to        693          

5901.15 of the Revised Code only in an open meeting of the         695          

commission.  The minutes of the meeting shall indicate the name,   696          

address, and occupation of the applicant, whether the assistance   697          

was granted or denied, the amount of the assistance if assistance  698          

is granted, and the votes for and against the granting of          699          

assistance.                                                                     

      Sec. 125.22.  (A)  The department of administrative          709          

services shall establish the central service agency to perform     710          

routine support for the following boards and commissions:          711          

      (1)  State board of examiners of architects;                 713          

      (2)  Barber board;                                           715          

      (3)  Chiropractic examining STATE CHIROPRACTIC board;        717          

      (4)  State board of cosmetology;                             719          

      (5)  Accountancy board;                                      721          

      (6)  State dental board;                                     723          

      (7)  State board of optometry;                               725          

      (8)  Ohio occupational therapy, physical therapy, and        727          

athletic trainers board;                                           728          

      (9)  State board of registration for professional engineers  731          

and surveyors;                                                                  

                                                          18     


                                                                 
      (10)  State board of sanitarian registration;                733          

      (11)  Board of embalmers and funeral directors;              735          

      (12)  State board of psychology;                             737          

      (13)  Ohio optical dispensers board;                         739          

      (14)  Board of speech pathology and audiology;               741          

      (15)  Counselor and social worker board;                     743          

      (16)  State veterinary medical licensing board;              745          

      (17)  Ohio board of dietetics;                               747          

      (18)  Commission on Hispanic-Latino affairs;                 749          

      (19)  Ohio respiratory care board.                           751          

      (B)(1)  Notwithstanding any other section of the Revised     753          

Code, the agency shall perform the following routine support       754          

services for the boards and commissions named in division (A) of   755          

this section unless the controlling board exempts a board or       756          

commission from this requirement on the recommendation of the      757          

director of administrative services:                               758          

      (a)  Preparing and processing payroll and other personnel    760          

documents;                                                         761          

      (b)  Preparing and processing vouchers, purchase orders,     763          

encumbrances, and other accounting documents;                      764          

      (c)  Maintaining ledgers of accounts and balances;           766          

      (d)  Preparing and monitoring budgets and allotment plans    768          

in consultation with the boards and commissions;                   769          

      (e)  Maintaining information required by section 3729.40 of  771          

the Revised Code;                                                               

      (f)  Other routine support services that the director of     773          

administrative services considers appropriate to achieve           774          

efficiency.                                                        775          

      (2)  The agency may perform other services which a board or  777          

commission named in division (A) of this section delegates to the  778          

agency and the agency accepts.                                     779          

      (3)  The agency may perform any service for any              781          

professional or occupational licensing board not named in          782          

division (A) of this section or any commission if the board or     783          

                                                          19     


                                                                 
commission requests such service and the agency accepts.           784          

      (C)  The director of administrative services shall be the    786          

appointing authority for the agency.                               787          

      (D)  The agency shall determine the fees to be charged to    789          

the boards and commissions, which shall be in proportion to the    790          

services performed for each board or commission.                   791          

      (E)  Each board or commission named in division (A) of this  793          

section and any other board or commission requesting services      794          

from the agency shall pay these fees to the agency from the        795          

general revenue fund maintenance account of the board or           796          

commission or from such other fund as the operating expenses of    797          

the board or commission are paid.  Any amounts set aside for a     798          

fiscal year by a board or commission to allow for the payment of   799          

fees shall be used only for the services performed by the agency   800          

in that fiscal year.  All receipts collected by the agency shall   801          

be deposited in the state treasury to the credit of the central    802          

service agency fund, which is hereby created.  All expenses        803          

incurred by the agency in performing services for the boards or    804          

commissions shall be paid from the fund.                           805          

      (F)  Nothing in this section shall be construed as a grant   807          

of authority for the central service agency to initiate or deny    808          

personnel or fiscal actions for the boards and commissions.        809          

      Sec. 2317.02.  The following persons shall not testify in    818          

certain respects:                                                  819          

      (A)  An attorney, concerning a communication made to the     821          

attorney by a client in that relation or the attorney's advice to  823          

a client, except that the attorney may testify by express consent  824          

of the client or, if the client is deceased, by the express        825          

consent of the surviving spouse or the executor or administrator   826          

of the estate of the deceased client and except that, if the       827          

client voluntarily testifies or is deemed by section 2151.421 of   828          

the Revised Code to have waived any testimonial privilege under    829          

this division, the attorney may be compelled to testify on the     830          

same subject;                                                                   

                                                          20     


                                                                 
      (B)(1)  A physician or a dentist concerning a communication  832          

made to the physician or dentist by a patient in that relation or  833          

the physician's or dentist's advice to a patient, except as        835          

otherwise provided in this division, division (B)(2), and                       

division (B)(3) of this section, and except that, if the patient   836          

is deemed by section 2151.421 of the Revised Code to have waived   837          

any testimonial privilege under this division, the physician may   838          

be compelled to testify on the same subject.                       839          

      The testimonial privilege established under this division    841          

does not apply, and a physician or dentist may testify or may be   842          

compelled to testify, in any of the following circumstances:       843          

      (a)  In any civil action, in accordance with the discovery   845          

provisions of the Rules of Civil Procedure in connection with a    846          

civil action, or in connection with a claim under Chapter 4123.    847          

of the Revised Code, under any of the following circumstances:     848          

      (i)  If the patient or the guardian or other legal           850          

representative of the patient gives express consent;               851          

      (ii)  If the patient is deceased, the spouse of the patient  853          

or the executor or administrator of the patient's estate gives     855          

express consent;                                                                

      (iii)  If a medical claim, dental claim, chiropractic        857          

claim, or optometric claim, as defined in section 2305.11 of the   858          

Revised Code, an action for wrongful death, any other type of      859          

civil action, or a claim under Chapter 4123. of the Revised Code   860          

is filed by the patient, the personal representative of the        861          

estate of the patient if deceased, or the patient's guardian or    863          

other legal representative.                                                     

      (b)  IN ANY CIVIL ACTION CONCERNING COURT-ORDERED TREATMENT  865          

OR SERVICES RECEIVED BY A PATIENT, IF THE COURT-ORDERED TREATMENT  866          

OR SERVICES WERE ORDERED AS PART OF A CASE PLAN JOURNALIZED UNDER  867          

SECTION 2151.412 OF THE REVISED CODE OR THE COURT-ORDERED          868          

TREATMENT OR SERVICES ARE NECESSARY OR RELEVANT TO DEPENDENCY,                  

NEGLECT, OR ABUSE OR TEMPORARY OR PERMANENT CUSTODY PROCEEDINGS    869          

UNDER CHAPTER 2151. OF THE REVISED CODE.                           870          

                                                          21     


                                                                 
      (c)  In any criminal action concerning any test or the       872          

results of any test that determines the presence or concentration  873          

of alcohol, a drug of abuse, or alcohol and a drug of abuse in     874          

the patient's blood, breath, urine, or other bodily substance at   875          

any time relevant to the criminal offense in question.             876          

      (c)(d)  In any criminal action against a physician or        879          

dentist.  In such an action, the testimonial privilege                          

established under this division does not prohibit the admission    880          

into evidence, in accordance with the Rules of Evidence, of a      883          

patient's medical or dental records or other communications        884          

between a patient and the physician or dentist that are related    885          

to the action and obtained by subpoena, search warrant, or other   886          

lawful means.  A court that permits or compels a physician or      887          

dentist to testify in such an action or permits the introduction   888          

into evidence of patient records or other communications in such   889          

an action shall require that appropriate measures be taken to      890          

ensure that the confidentiality of any patient named or otherwise  892          

identified in the records is maintained.  Measures to ensure       893          

confidentiality that may be taken by the court include sealing     894          

its records or deleting specific information from its records.     895          

      (2)(a)  If any law enforcement officer submits a written     897          

statement to a health care provider that states that an official   898          

criminal investigation has begun regarding a specified person or   899          

that a criminal action or proceeding has been commenced against a  900          

specified person, that requests the provider to supply to the      901          

officer copies of any records the provider possesses that pertain               

to any test or the results of any test administered to the         902          

specified person to determine the presence or concentration of     903          

alcohol, a drug of abuse, or alcohol and a drug of abuse in the    904          

person's blood, breath, or urine at any time relevant to the       905          

criminal offense in question, and that conforms to section                      

2317.022 of the Revised Code, the provider, except to the extent   906          

specifically prohibited by any law of this state or of the United  907          

States, shall supply to the officer a copy of any of the           908          

                                                          22     


                                                                 
requested records the provider possesses.  If the health care      909          

provider does not possess any of the requested records, the                     

provider shall give the officer a written statement that           910          

indicates that the provider does not possess any of the requested  911          

records.                                                                        

      (b)  If a health care provider possesses any records of the  913          

type described in division (B)(2)(a) of this section regarding     914          

the person in question at any time relevant to the criminal        915          

offense in question, in lieu of personally testifying as to the    916          

results of the test in question, the custodian of the records may  917          

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

the certified copy is qualified as authentic evidence and may be   918          

admitted as evidence in accordance with the Rules of Evidence.     919          

Division (A) of section 2317.422 of the Revised Code does not      920          

apply to any certified copy of records submitted in accordance     921          

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

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

who administered the test to which the records pertain, the        923          

person under whose supervision the test was administered, the      924          

custodian of the records, the person who made the records, or the  925          

person under whose supervision the records were made.              926          

      (3)(a)  If the testimonial privilege described in division   928          

(B)(1) of this section does not apply as provided in division      929          

(B)(1)(a)(iii) of this section, a physician or dentist may be      930          

compelled to testify or to submit to discovery under the Rules of  931          

Civil Procedure only as to a communication made to the physician   932          

or dentist by the patient in question in that relation, or the     933          

physician's or dentist's advice to the patient in question, that   935          

related causally or historically to physical or mental injuries    936          

that are relevant to issues in the medical claim, dental claim,    937          

chiropractic claim, or optometric claim, action for wrongful       938          

death, other civil action, or claim under Chapter 4123. of the     939          

Revised Code.                                                                   

      (b)  If the testimonial privilege described in division      941          

                                                          23     


                                                                 
(B)(1) of this section does not apply to a physician or dentist    942          

as provided in division (B)(1)(b)(c) of this section, the          944          

physician or dentist, in lieu of personally testifying as to the   945          

results of the test in question, may submit a certified copy of                 

those results, and, upon its submission, the certified copy is     946          

qualified as authentic evidence and may be admitted as evidence    948          

in accordance with the Rules of Evidence.  Division (A) of         949          

section 2317.422 of the Revised Code does not apply to any         950          

certified copy of results submitted in accordance with this                     

division.  Nothing in this division shall be construed to limit    951          

the right of any party to call as a witness the person who         952          

administered the test in question, the person under whose          953          

supervision the test was administered, the custodian of the                     

results of the test, the person who compiled the results, or the   955          

person under whose supervision the results were compiled.          956          

      (4)  The testimonial privilege described in division (B)(1)  959          

of this section is not waived when a communication is made by a    960          

physician to a pharmacist or when there is communication between   961          

a patient and a pharmacist in furtherance of the                   962          

physician-patient relation.                                                     

      (5)(a)  As used in divisions (B)(1) to (4) of this section,  965          

"communication" means acquiring, recording, or transmitting any    966          

information, in any manner, concerning any facts, opinions, or     967          

statements necessary to enable a physician or dentist to           968          

diagnose, treat, prescribe, or act for a patient.  A               969          

"communication" may include, but is not limited to, any medical    970          

or dental, office, or hospital communication such as a record,     971          

chart, letter, memorandum, laboratory test and results, x-ray,     972          

photograph, financial statement, diagnosis, or prognosis.          973          

      (b)  As used in division (B)(2) of this section, "health     975          

care provider" has the same meaning as in section 3729.01 of the   976          

Revised Code.                                                                   

      (6)  Divisions (B)(1), (2), (3), (4), and (5) of this        979          

section apply to doctors of medicine, doctors of osteopathic       980          

                                                          24     


                                                                 
medicine, doctors of podiatry, and dentists.                       981          

      (7)  Nothing in divisions (B)(1) to (6) of this section      984          

affects, or shall be construed as affecting, the immunity from     985          

civil liability conferred by section 307.628 or 2305.33 of the     986          

Revised Code upon physicians who report an employee's use of a     988          

drug of abuse, or a condition of an employee other than one        989          

involving the use of a drug of abuse, to the employer of the       990          

employee in accordance with division (B) of that section.  As      991          

used in division (B)(7) of this section, "employee," "employer,"   993          

and "physician" have the same meanings as in section 2305.33 of    994          

the Revised Code.                                                               

      (C)  A member of the clergy, rabbi, priest, or regularly     996          

ordained, accredited, or licensed minister of an established and   998          

legally cognizable church, denomination, or sect, when the member  999          

of the clergy, rabbi, priest, or minister remains accountable to   1,001        

the authority of that church, denomination, or sect, concerning a  1,002        

confession made, or any information confidentially communicated,   1,003        

to the member of the clergy, rabbi, priest, or minister for a      1,005        

religious counseling purpose in the member of the clergy's,        1,006        

rabbi's, priest's, or minister's professional character; however,  1,008        

the member of the clergy, rabbi, priest, or minister may testify   1,010        

by express consent of the person making the communication, except  1,011        

when the disclosure of the information is in violation of a        1,012        

sacred trust;                                                      1,013        

      (D)  Husband or wife, concerning any communication made by   1,015        

one to the other, or an act done by either in the presence of the  1,016        

other, during coverture, unless the communication was made, or     1,017        

act done, in the known presence or hearing of a third person       1,018        

competent to be a witness; and such rule is the same if the        1,019        

marital relation has ceased to exist;                              1,020        

      (E)  A person who assigns a claim or interest, concerning    1,022        

any matter in respect to which the person would not, if a party,   1,024        

be permitted to testify;                                                        

      (F)  A person who, if a party, would be restricted under     1,027        

                                                          25     


                                                                 
section 2317.03 of the Revised Code, when the property or thing    1,028        

is sold or transferred by an executor, administrator, guardian,    1,029        

trustee, heir, devisee, or legatee, shall be restricted in the     1,030        

same manner in any action or proceeding concerning the property    1,031        

or thing.                                                                       

      (G)(1)  A school guidance counselor who holds a valid        1,033        

educator license from the state board of education as provided     1,035        

for in section 3319.22 of the Revised Code, a person licensed      1,036        

under Chapter 4757. of the Revised Code as a professional          1,037        

clinical counselor, professional counselor, social worker, or      1,038        

independent social worker, or registered under Chapter 4757. of    1,039        

the Revised Code as a social work assistant concerning a           1,040        

confidential communication received from a client in that          1,041        

relation or the person's advice to a client unless any of the      1,043        

following applies:                                                              

      (a)  The communication or advice indicates clear and         1,045        

present danger to the client or other persons.  For the purposes   1,046        

of this division, cases in which there are indications of present  1,047        

or past child abuse or neglect of the client constitute a clear    1,048        

and present danger.                                                1,049        

      (b)  The client gives express consent to the testimony.      1,051        

      (c)  If the client is deceased, the surviving spouse or the  1,053        

executor or administrator of the estate of the deceased client     1,054        

gives express consent.                                             1,055        

      (d)  The client voluntarily testifies, in which case the     1,057        

school guidance counselor or person licensed or registered under   1,058        

Chapter 4757. of the Revised Code may be compelled to testify on   1,060        

the same subject.                                                               

      (e)  The court in camera determines that the information     1,062        

communicated by the client is not germane to the counselor-client  1,063        

or social worker-client relationship.                              1,064        

      (f)  A court, in an action brought against a school, its     1,066        

administration, or any of its personnel by the client, rules       1,067        

after an in-camera inspection that the testimony of the school     1,068        

                                                          26     


                                                                 
guidance counselor is relevant to that action.                     1,069        

      (g)  THE TESTIMONY IS SOUGHT IN A CIVIL ACTION AND CONCERNS  1,071        

COURT-ORDERED TREATMENT OR SERVICES RECEIVED BY A PATIENT AS PART  1,072        

OF A CASE PLAN JOURNALIZED UNDER SECTION 2151.412 OF THE REVISED   1,073        

CODE OR THE COURT-ORDERED TREATMENT OR SERVICES ARE NECESSARY OR   1,074        

RELEVANT TO DEPENDENCY, NEGLECT, OR ABUSE OR TEMPORARY OR          1,075        

PERMANENT CUSTODY PROCEEDINGS UNDER CHAPTER 2151. OF THE REVISED   1,076        

CODE.                                                                           

      (2)  Nothing in division (G)(1) of this section shall        1,078        

relieve a school guidance counselor or a person licensed or        1,080        

registered under Chapter 4757. of the Revised Code from the        1,082        

requirement to report information concerning child abuse or        1,083        

neglect under section 2151.421 of the Revised Code.                             

      (H)  A mediator acting under a mediation order issued under  1,085        

division (A) of section 3109.052 of the Revised Code or otherwise  1,086        

issued in any proceeding for divorce, dissolution, legal           1,087        

separation, annulment, or the allocation of parental rights and    1,088        

responsibilities for the care of children, in any action or        1,089        

proceeding, other than a criminal, delinquency, child abuse,       1,090        

child neglect, or dependent child action or proceeding, that is    1,091        

brought by or against either parent who takes part in mediation    1,092        

in accordance with the order and that pertains to the mediation    1,093        

process, to any information discussed or presented in the          1,094        

mediation process, to the allocation of parental rights and        1,095        

responsibilities for the care of the parents' children, or to the  1,096        

awarding of visitation rights in relation to their children;       1,097        

      (I)  A communications assistant, acting within the scope of  1,099        

the communication assistant's authority, when providing            1,100        

telecommunications relay service pursuant to section 4931.35 of    1,102        

the Revised Code or Title II of the "Communications Act of 1934,"  1,103        

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

made through a telecommunications relay service.  Nothing in this  1,106        

section shall limit the obligation of a communications assistant   1,107        

to divulge information or testify when mandated by federal law or  1,108        

                                                          27     


                                                                 
regulation or pursuant to subpoena in a criminal proceeding.                    

      Nothing in this section shall limit any immunity or          1,110        

privilege granted under federal law or regulation.                 1,111        

      (J)(1)  A CHIROPRACTOR IN A CIVIL PROCEEDING CONCERNING A    1,113        

COMMUNICATION MADE TO THE CHIROPRACTOR BY A PATIENT IN THAT        1,114        

RELATION OR THE CHIROPRACTOR'S ADVICE TO A PATIENT, EXCEPT AS      1,115        

OTHERWISE PROVIDED IN THIS DIVISION.                               1,116        

      THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER THIS DIVISION    1,118        

DOES NOT APPLY, AND A CHIROPRACTOR MAY TESTIFY OR MAY BE           1,119        

COMPELLED TO TESTIFY, IN ANY CIVIL ACTION, IN ACCORDANCE WITH THE  1,120        

DISCOVERY PROVISIONS OF THE RULES OF CIVIL PROCEDURE IN            1,121        

CONNECTION WITH A CIVIL ACTION, OR IN CONNECTION WITH A CLAIM      1,123        

UNDER CHAPTER 4123. OF THE REVISED CODE, UNDER ANY OF THE          1,124        

FOLLOWING CIRCUMSTANCES:                                           1,125        

      (a)  IF THE PATIENT OR THE GUARDIAN OR OTHER LEGAL           1,127        

REPRESENTATIVE OF THE PATIENT GIVES EXPRESS CONSENT.               1,128        

      (b)  IF THE PATIENT IS DECEASED, THE SPOUSE OF THE PATIENT   1,130        

OR THE EXECUTOR OR ADMINISTRATOR OF THE PATIENT'S ESTATE GIVES     1,132        

EXPRESS CONSENT.                                                                

      (c)  IF A MEDICAL CLAIM, DENTAL CLAIM, CHIROPRACTIC CLAIM,   1,135        

OR OPTOMETRIC CLAIM, AS DEFINED IN SECTION 2305.11 OF THE REVISED  1,136        

CODE, AN ACTION FOR WRONGFUL DEATH, ANY OTHER TYPE OF CIVIL        1,138        

ACTION, OR A CLAIM UNDER CHAPTER 4123. OF THE REVISED CODE IS      1,140        

FILED BY THE PATIENT, THE PERSONAL REPRESENTATIVE OF THE ESTATE    1,141        

OF THE PATIENT IF DECEASED, OR THE PATIENT'S GUARDIAN OR OTHER     1,142        

LEGAL REPRESENTATIVE.                                                           

      (2)  IF THE TESTIMONIAL PRIVILEGE DESCRIBED IN DIVISION      1,145        

(J)(1) OF THIS SECTION DOES NOT APPLY AS PROVIDED IN DIVISION      1,146        

(J)(1)(c) OF THIS SECTION, A CHIROPRACTOR MAY BE COMPELLED TO      1,147        

TESTIFY OR TO SUBMIT TO DISCOVERY UNDER THE RULES OF CIVIL         1,148        

PROCEDURE ONLY AS TO A COMMUNICATION MADE TO THE CHIROPRACTOR BY   1,149        

THE PATIENT IN QUESTION IN THAT RELATION, OR THE CHIROPRACTOR'S    1,150        

ADVICE TO THE PATIENT IN QUESTION, THAT RELATED CAUSALLY OR        1,151        

HISTORICALLY TO PHYSICAL OR MENTAL INJURIES THAT ARE RELEVANT TO   1,152        

                                                          28     


                                                                 
ISSUES IN THE MEDICAL CLAIM, DENTAL CLAIM, CHIROPRACTIC CLAIM, OR  1,153        

OPTOMETRIC CLAIM, ACTION FOR WRONGFUL DEATH, OTHER CIVIL ACTION,   1,154        

OR CLAIM UNDER CHAPTER 4123. OF THE REVISED CODE.                  1,155        

      (3)  THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER THIS        1,157        

DIVISION DOES NOT APPLY, AND A CHIROPRACTOR MAY TESTIFY OR BE      1,158        

COMPELLED TO TESTIFY, IN ANY CRIMINAL ACTION OR ADMINISTRATIVE     1,159        

PROCEEDING.                                                                     

      (4)  AS USED IN THIS DIVISION, "COMMUNICATION" MEANS         1,161        

ACQUIRING, RECORDING, OR TRANSMITTING ANY INFORMATION, IN ANY      1,162        

MANNER, CONCERNING ANY FACTS, OPINIONS, OR STATEMENTS NECESSARY    1,163        

TO ENABLE A CHIROPRACTOR TO DIAGNOSIS, TREAT, OR ACT FOR A         1,164        

PATIENT.  A COMMUNICATION MAY INCLUDE, BUT IS NOT LIMITED TO, ANY  1,165        

CHIROPRACTIC, OFFICE, OR HOSPITAL COMMUNICATION SUCH AS A RECORD,  1,166        

CHART, LETTER, MEMORANDUM, LABORATORY TEST AND RESULTS, X-RAY,     1,167        

PHOTOGRAPH, FINANCIAL STATEMENT, DIAGNOSIS, OR PROGNOSIS.          1,168        

      Sec. 2929.24.  (A)  The prosecutor in any case against any   1,177        

person licensed, certified, registered, or otherwise authorized    1,178        

to practice under Chapter 3719., 4715., 4723., 4729., 4730.,       1,179        

4731., 4734., or 4741. of the Revised Code shall notify the        1,180        

appropriate licensing board, on forms provided by the board, of    1,182        

any of the following regarding the person:                         1,183        

      (1)  A plea of guilty to, or a conviction of, a felony, or   1,185        

a court order dismissing a felony charge on technical or           1,187        

procedural grounds;                                                             

      (2)  A plea of guilty to, or a conviction of, a misdemeanor  1,189        

committed in the course of practice or in the course of business,  1,191        

or a court order dismissing such a misdemeanor charge on           1,192        

technical or procedural grounds;                                                

      (3)  A plea of guilty to, or a conviction of, a misdemeanor  1,194        

involving moral turpitude, or a court order dismissing such a      1,195        

charge on technical or procedural grounds.                         1,196        

      (B)  The report required by division (A) of this section     1,199        

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

the offense, and certified copies of court entries in the action.  1,201        

                                                          29     


                                                                 
      Sec. 3701.74.  (A)  As used in this section:                 1,210        

      (1)  "Hospital" means any institution registered as a        1,212        

hospital with the department of health pursuant to section         1,213        

3701.07 of the Revised Code.                                       1,214        

      (2)  "Medical record" means any document or combination of   1,216        

documents that pertains to a patient's medical history,            1,217        

diagnosis, prognosis, or medical condition and that is generated   1,218        

and maintained in the process of the patient's health care         1,219        

treatment at a hospital.                                           1,220        

      (3)  "Finalized medical record" means a medical record that  1,222        

is complete according to a hospital's bylaws OR A PRACTITIONER'S   1,223        

OFFICE POLICY.                                                     1,224        

      (4)  "Patient" means any individual who received health      1,226        

care treatment at a hospital OR FROM A PRACTITIONER.               1,227        

      (5)  "PRACTITIONER" MEANS AN INDIVIDUAL AUTHORIZED UNDER     1,229        

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND         1,230        

SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY OR AN       1,231        

INDIVIDUAL LICENSED UNDER CHAPTER 4734. OF THE REVISED CODE TO     1,232        

PRACTICE CHIROPRACTIC.                                                          

      (B)  A hospital OR PRACTITIONER shall prepare a finalized    1,234        

medical record for each patient who receives health care           1,236        

treatment at the hospital OR FROM THE PRACTITIONER, within a       1,237        

reasonable time after treatment.                                   1,238        

      (C)  A patient who wishes to examine or obtain a copy of     1,240        

part or all of a finalized medical record covering a prior         1,241        

inpatient stay or outpatient PERIOD OF treatment shall submit to   1,242        

the hospital OR PRACTITIONER a signed, written request dated not   1,243        

more than sixty days before the date on which it is submitted.     1,245        

The patient who wishes to obtain a copy of the record shall        1,246        

indicate in the request whether the copy is to be sent to the      1,247        

patient's residence or held for the patient at the hospital OR BY  1,248        

THE PRACTITIONER.  Within a reasonable time after receiving a      1,250        

request that meets the requirements of this division and includes  1,251        

sufficient information to identify the record requested, the       1,252        

                                                          30     


                                                                 
hospital OR PRACTITIONER shall permit the patient to examine the   1,253        

record during regular business hours or shall provide a copy of                 

the record in accordance with the request, except that if a        1,254        

physician PRACTITIONER who has treated the patient determines for  1,256        

clearly stated treatment reasons that disclosure of the requested  1,257        

record is likely to have an adverse effect on the patient, the     1,258        

hospital OR PRACTITIONER shall provide the record to a physician   1,259        

PRACTITIONER designated by the patient.  The hospital OR           1,260        

PRACTITIONER shall take reasonable steps to establish the          1,262        

identity of the patient examining, or requesting a copy of, the    1,263        

patient's record.                                                               

      (D)  If a hospital OR PRACTITIONER fails to furnish a        1,265        

finalized medical record as required by division (C) of this       1,266        

section, the patient who requested the record may bring a civil    1,267        

action to enforce the patient's right of access to the record.     1,268        

      (E)  This section does not apply to medical records whose    1,270        

release is covered by Chapter 1347. or 5122. of the Revised Code   1,271        

or by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug       1,272        

Abuse Patient Records."  Nothing in this section is intended to    1,273        

supersede the confidentiality provisions of sections 2305.24 to    1,274        

2305.251 of the Revised Code.                                      1,275        

      Sec. 3719.12.  Unless a report has been made pursuant to     1,284        

section 2929.24 of the Revised Code, on the conviction of a        1,286        

manufacturer, wholesaler, terminal distributor of dangerous        1,287        

drugs, pharmacist, pharmacy intern, dentist, doctor of medicine    1,288        

or osteopathic medicine CHIROPRACTOR, PHYSICIAN, podiatrist,       1,289        

registered nurse, licensed practical nurse, physician assistant,   1,291        

optometrist, or veterinarian of the violation of this chapter or   1,293        

Chapter 2925. of the Revised Code, the prosecutor in the case      1,294        

promptly shall report the conviction to the board that licensed,   1,295        

certified, or registered the person to practice or to carry on     1,297        

business.  The responsible board shall provide forms to the        1,298        

prosecutor.  Within thirty days of the receipt of this             1,300        

information, the board shall initiate action in accordance with    1,302        

                                                          31     


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

or revoke the person's license, certificate, or registration.      1,303        

      Sec. 3719.121.  (A)  Except as otherwise provided in         1,312        

section 4723.28, 4723.35, 4730.25, or 4731.22, 4734.39, OR         1,314        

4734.41 of the Revised Code, the license, certificate, or          1,315        

registration of any dentist, doctor of medicine or osteopathic     1,317        

medicine CHIROPRACTOR, PHYSICIAN, podiatrist, registered nurse,    1,318        

licensed practical nurse, physician assistant, pharmacist,         1,319        

pharmacy intern, optometrist, or veterinarian who is or becomes    1,321        

addicted to the use of controlled substances shall be suspended    1,323        

by the board that authorized the person's license, certificate,    1,324        

or registration until the person offers satisfactory proof to the  1,326        

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

controlled substances.                                             1,327        

      (B)  If the board under which a person has been issued a     1,330        

license, certificate, or evidence of registration determines that  1,332        

there is clear and convincing evidence that continuation of the    1,333        

person's professional practice or method of prescribing or         1,334        

personally furnishing controlled substances presents a danger of   1,337        

immediate and serious harm to others, the board may suspend the    1,338        

person's license, certificate, or registration without a hearing.  1,339        

Except as otherwise provided in sections 4715.30, 4723.281,        1,340        

4729.16, 4730.25, and 4731.22, AND 4734.36 of the Revised Code,    1,342        

the board shall follow the procedure for suspension without a      1,343        

prior hearing in section 119.07 of the Revised Code.  The          1,344        

suspension shall remain in effect, unless removed by the board,    1,345        

until the board's final adjudication order becomes effective,      1,346        

except that if the board does not issue its final adjudication     1,347        

order within ninety days after the hearing, the suspension shall   1,348        

be void on the ninety-first day after the hearing.                 1,349        

      (C)  On receiving notification pursuant to section 2929.24   1,351        

or 3719.12 of the Revised Code, the board under which a person     1,352        

has been issued a license, certificate, or evidence of             1,353        

registration immediately shall suspend the license, certificate,   1,355        

                                                          32     


                                                                 
or registration of that person on a plea of guilty to, a finding   1,358        

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    1,360        

eligibility for intervention in lieu of conviction; a plea of      1,362        

guilty to, or a finding by a jury or court of the person's guilt   1,363        

of, or the person's conviction of an offense in another            1,364        

jurisdiction that is essentially the same as a felony drug abuse   1,365        

offense; or a finding by a court of the person's eligibility for   1,366        

treatment or intervention in lieu of conviction in another         1,367        

jurisdiction.  The board shall notify the holder of the license,   1,368        

certificate, or registration of the suspension, which shall        1,369        

remain in effect until the board holds an adjudicatory hearing     1,371        

under Chapter 119. of the Revised Code.                            1,372        

      Sec. 3729.40.  (A)  The Ohio health care data center shall   1,382        

conduct annually a survey of the educational background,           1,384        

demographic characteristics, and professional practices of         1,385        

persons licensed, certified, or registered by the following:  the  1,386        

STATE chiropractic examining board; the counselor and social       1,388        

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

Ohio occupational therapy, physical therapy, and athletic          1,389        

trainers board; the state board of optometry; and the state board  1,390        

of psychology.  The public health council shall adopt rules in     1,391        

accordance with Chapter 119. of the Revised Code governing the     1,392        

information to be included in the survey and the process for       1,393        

conducting it.  The department of administrative services shall                 

provide the Ohio health care data center with the full names,      1,394        

types of licenses, and business addresses, that the central        1,395        

service agency maintains under section 125.22 of the Revised Code  1,396        

regarding persons licensed, certified, or registered by the        1,397        

boards specified in this division.  The state medical board shall               

provide the center with similar information regarding persons      1,398        

licensed, certified, or registered by the board.  The survey       1,399        

results shall be used exclusively for statistical purposes and     1,401        

shall be released only in their entirety.                          1,402        

                                                          33     


                                                                 
      (B)  Each medical school in this state shall disclose        1,404        

annually to the center, in the form and manner prescribed by the   1,405        

center, all of the following information:                          1,406        

      (1)  The number of entering medical students, according to   1,408        

state and county of residence prior to entering;                   1,409        

      (2)  The number of graduates entering primary care medical   1,411        

residencies in comparison with those entering specialized fields,  1,412        

according to location and type of residency;                       1,413        

      (3)  The number of its graduates completing either primary   1,415        

care or specialty residencies who:                                 1,416        

      (a)  Proceed directly to practice, according to state and    1,418        

county of practice;                                                1,419        

      (b)  Proceed directly to specialty residency or              1,421        

fellowships.                                                       1,422        

      (4)  The number of its graduates completing specialty        1,424        

residency fellowships who proceed to practice, according to state  1,425        

and county of practice.                                            1,426        

      (C)  Each school of nursing and school of allied health      1,428        

education in this state that awards baccalaureate degrees shall    1,429        

disclose annually to the center, in the form and manner            1,430        

prescribed by the center, all of the following information:        1,431        

      (1)  The number of baccalaureate graduates who proceed       1,433        

directly to practice, according to state and county of practice;   1,434        

      (2)  The number of baccalaureate graduates who proceed       1,436        

directly to post-baccalaureate training;                           1,437        

      (3)  The number of its baccalaureate graduates who complete  1,439        

post-baccalaureate training and proceed to practice, according to  1,440        

state and county of practice.                                      1,441        

      Sec. 4734.01.  AS USED IN THIS CHAPTER, THE "PRACTICE OF     1,443        

CHIROPRACTIC" MEANS UTILIZATION OF THE RELATIONSHIP BETWEEN THE    1,445        

MUSCULO-SKELETAL STRUCTURES OF THE BODY, THE SPINAL COLUMN, AND    1,446        

THE NERVOUS SYSTEM IN THE RESTORATION AND MAINTENANCE OF HEALTH,   1,447        

IN CONNECTION WITH WHICH PATIENT CARE IS CONDUCTED WITH DUE        1,448        

REGARD FOR FIRST AID, HYGIENIC, NUTRITIONAL, AND REHABILITATIVE    1,449        

                                                          34     


                                                                 
PROCEDURES AND THE SPECIFIC VERTEBRAL ADJUSTMENT AND MANIPULATION  1,450        

OF THE ARTICULATIONS AND ADJACENT TISSUES OF THE BODY.             1,451        

      Sec. 4734.01 4734.02.  Within thirty days after the          1,460        

effective date of this section the governor shall appoint a THE    1,462        

chiropractic examining board IS HEREBY RENAMED THE STATE           1,464        

CHIROPRACTIC BOARD.  ANY REFERENCE IN THE REVISED CODE TO THE      1,465        

CHIROPRACTIC EXAMINING BOARD MEANS THE STATE CHIROPRACTIC BOARD.   1,466        

      THE BOARD SHALL ASSUME AND EXERCISE ALL OF THE DUTIES        1,469        

CONFERRED ON IT BY THIS CHAPTER CONCERNING THE PRACTICE OF         1,471        

CHIROPRACTIC, CHIROPRACTORS, AND THE REGULATION THEREOF.                        

      MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE GOVERNOR      1,475        

WITH THE ADVICE AND CONSENT OF THE SENATE.  THE BOARD SHALL BE     1,476        

composed of four chiropractors, each of whom shall be a graduate   1,479        

of an incorporated school or college of chiropractic and who       1,480        

shall have been engaged in the practice of their profession in     1,481        

this state for at least five years next preceding the effective    1,483        

date of this section, and not more than two to be graduates of     1,484        

any one school.  A AND A fifth member shall be a lay person        1,486        

representing the public.  No member of the board shall be a        1,488        

trustee of any school or college of chiropractic, and each THE     1,490        

PUBLIC MEMBER SHALL NOT BE CONNECTED IN ANY MANNER, OTHER THAN AS  1,491        

A CHIROPRACTIC PATIENT, WITH ANY CHIROPRACTOR OR CHIROPRACTIC      1,493        

PRACTICE OR ANY ENTITY THAT ROUTINELY ENGAGES IN BUSINESS WITH     1,494        

MEMBERS OF THE CHIROPRACTIC PROFESSION.  EACH professional         1,496        

member, AT THE TIME OF APPOINTMENT, shall be engaged in full-time  1,497        

practice in the THIS state AND SHALL HAVE BEEN LICENSED BY THE     1,499        

BOARD FOR AT LEAST FIVE YEARS.  Of the initial appointments made   1,500        

to the board two of the members shall be appointed for a term      1,502        

ending two years after the effective date of this section, two     1,503        

for a term ending three years after that date, and one for a term  1,504        

ending four years after that date.  Thereafter, terms              1,505        

      TERMS of office shall be for four years, WITH each term      1,509        

ending on the same day of the same month of the year as did the    1,510        

term which it succeeds.  Each member shall hold office from the    1,511        

                                                          35     


                                                                 
date of his appointment until the end of the term for which he     1,512        

was appointed.  NO INDIVIDUAL SHALL SERVE FOR MORE THAN TWO FULL   1,513        

TERMS.  VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR       1,514        

ORIGINAL APPOINTMENTS.  Any member appointed to fill a vacancy     1,516        

occurring prior to the expiration of the term for which his THE    1,517        

MEMBER'S predecessor was appointed shall hold office for the       1,519        

remainder of such THAT term.  Any A member shall continue in       1,520        

office subsequent to the expiration date of his THE MEMBER'S term  1,522        

until his THE MEMBER'S successor takes office, or until a period   1,524        

of sixty days has elapsed, whichever occurs first.  No individual  1,526        

shall serve for more than two four-year terms.  All appointments   1,527        

made by the governor shall be with the advice and consent of the   1,528        

senate.  Any vacancies occurring on the board shall be filled by   1,529        

the governor for the unexpired term with the advice and consent    1,530        

of the senate.                                                                  

      Sec. 4734.04 4734.03.  Each member of the STATE              1,539        

chiropractic examining board shall be paid at the appropriate      1,542        

rate for those days on which his THE MEMBER'S services or duties   1,543        

are required.  Each member of the board shall be paid at the rate  1,544        

established pursuant to division (J) of section 124.15 of the      1,545        

Revised Code and shall not receive step advancements.  In          1,546        

addition, each board member shall receive his THE MEMBER'S         1,548        

necessary expenses.                                                1,549        

      Sec. 4734.03 4734.04.  (A)  The STATE chiropractic           1,559        

examining board shall hold its annual meeting in this state in     1,560        

September of each year and shall hold other meetings at the times  1,561        

and places that a majority of the board directs.  The A SPECIAL    1,564        

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        1,565        

MEETING SHALL BE CALLED BY THE BOARD'S EXECUTIVE DIRECTOR.         1,566        

      A MAJORITY OF THE BOARD CONSTITUTES A QUORUM FOR THE         1,568        

TRANSACTION OF BUSINESS.  EXCEPT WHEN ACTION IS TAKEN ON BEHALF    1,569        

OF THE BOARD BY THE BOARD'S PRESIDENT UNDER DIVISION (A) OF        1,570        

SECTION 4734.05 OF THE REVISED CODE, THE BOARD MAY NOT TAKE ANY    1,571        

                                                          36     


                                                                 
ACTION WITHOUT THE CONCURRENCE OF THREE MEMBERS.  THE BOARD SHALL               

MAKE RULES AS NECESSARY TO GOVERN ITS INTERNAL MANAGEMENT.         1,572        

      (B)  THE board shall keep a record of its proceedings        1,576        

MEETINGS and OTHER OFFICIAL ACTIONS, INCLUDING a register of all   1,578        

applicants for licensure to practice chiropractic.  The register   1,579        

shall show whether an applicant for licensure was rejected or was  1,581        

granted a license.  The books BOARD'S RECORDS and register of the  1,582        

board shall be prima-facie evidence of all matters recorded in     1,584        

them.  The board shall have ADOPT a common seal, shall formulate   1,585        

rules to govern its actions, and, consistent with section          1,586        

4734.091 of the Revised Code, shall adopt rules governing the      1,587        

practice of chiropractic.  The board shall adopt rules under this  1,590        

chapter according to the procedure of Chapter 119. of the Revised  1,591        

Code WHICH MAY BE USED TO AUTHENTICATE ITS OFFICIAL DOCUMENTS.     1,592        

      Sec. 4734.02 4734.05.  (A)  The members of the STATE         1,602        

chiropractic examining board, within thirty days after their       1,603        

appointment, shall meet and elect ORGANIZE BY ELECTING FROM ITS    1,604        

MEMBERS a president from their own number, and elect or appoint a  1,605        

secretary who need not be one of their number.  The president      1,607        

shall hold his office for two years and until his THE PRESIDENT'S  1,608        

successor is elected and qualified.  Any member and the secretary  1,609        

may administer oaths.  The secretary TAKES OFFICE.  ELECTIONS FOR  1,612        

BOARD PRESIDENT SHALL BE HELD AT EVERY OTHER ANNUAL MEETING OF     1,613        

THE BOARD HELD IN THIS STATE IN SEPTEMBER.                         1,614        

      THE PRESIDENT, SUBJECT TO THE BOARD'S APPROVAL, MAY          1,616        

DESIGNATE ANOTHER MEMBER OF THE BOARD TO SERVE AS VICE-PRESIDENT   1,617        

TO FULFILL THE PRESIDENT'S DUTIES IN THE EVENT THAT THE PRESIDENT  1,619        

IS ABSENT OR INCAPACITATED.  THE VICE-PRESIDENT MAY PERFORM ANY    1,620        

ACTION THAT THE PRESIDENT IS AUTHORIZED TO PERFORM.                1,621        

      THE PRESIDENT MAY MAKE DECISIONS ON BEHALF OF THE BOARD AS   1,624        

FOLLOWS:                                                                        

      (1)  A DECISION REGARDING BOARD ACTIVITIES MAY BE MADE BY    1,627        

THE PRESIDENT IF THE PRESIDENT CONSIDERS THE DECISION TO BE MINOR  1,628        

AND DETERMINES THAT MAKING THE DECISION WILL FACILITATE THE        1,629        

                                                          37     


                                                                 
RESPONSIVENESS AND EFFECTIVENESS OF THE BOARD;                                  

      (2)  A DECISION INVOLVING A SITUATION THAT REQUIRES          1,631        

IMMEDIATE BOARD ATTENTION MAY BE MADE BY THE PRESIDENT IF THE      1,632        

CIRCUMSTANCES SURROUNDING THE SITUATION MAKE HOLDING A BOARD       1,633        

MEETING IMPRACTICAL.  AT THE EARLIEST TIME POSSIBLE, THE           1,634        

PRESIDENT SHALL REPORT THE DECISION TO THE MEMBERS OF THE BOARD    1,635        

AND THE BOARD SHALL MEET TO RATIFY OR NULLIFY THE DECISION.        1,637        

      (B)  THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR WHO       1,641        

SHALL SERVE AS THE BOARD'S SECRETARY AND SHALL PERFORM ALL OTHER   1,642        

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

EXECUTIVE DIRECTOR, THE INDIVIDUAL APPOINTED SHALL RESIDE IN THIS  1,644        

STATE AND MAY NOT SERVE AS A MEMBER OF THE BOARD.                  1,645        

      THE EXECUTIVE DIRECTOR SHALL BE IN THE UNCLASSIFIED SERVICE  1,648        

OF THIS STATE.  THE BOARD SHALL FIX THE EXECUTIVE DIRECTOR'S       1,649        

COMPENSATION AND REIMBURSE THE EXECUTIVE DIRECTOR FOR NECESSARY    1,650        

EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES.  PRIOR    1,651        

TO ENTERING INTO THE OFFICIAL DUTIES OF OFFICE, THE EXECUTIVE      1,652        

DIRECTOR SHALL TAKE AND SUBSCRIBE AN OATH OF OFFICE AND shall      1,654        

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

five FIFTY thousand dollars with sufficient sureties to be         1,655        

approved by the governor for the faithful discharge of his THE     1,657        

duties.  The secretary shall receive his necessary expenses        1,659        

incurred in the performance of his official duties, and his        1,660        

compensation shall be fixed by the board.  A majority of the       1,661        

board constitutes a quorum for the transaction of business.  No    1,662        

action of the board is valid without the concurrence of three      1,663        

members.  The board shall appoint and fix the compensation of      1,664        

such employees as are necessary to carry out the purposes of this  1,665        

chapter.                                                                        

      THE EXECUTIVE DIRECTOR IS THE BOARD'S APPOINTING AUTHORITY,  1,668        

AS DEFINED IN SECTION 124.01 OF THE REVISED CODE.  WITH THE        1,670        

BOARD'S APPROVAL, THE EXECUTIVE DIRECTOR MAY APPOINT ANY           1,671        

EMPLOYEES NECESSARY TO CARRY OUT THE BOARD'S FUNCTIONS, INCLUDING  1,672        

INVESTIGATIVE PERSONNEL AND OTHER EMPLOYEES TO PERFORM             1,673        

                                                          38     


                                                                 
PROFESSIONAL, CLERICAL, AND SPECIAL WORK, AND MAY ESTABLISH        1,674        

STANDARDS FOR THE CONDUCT OF AND THE AUTHORITY TO BE GRANTED TO    1,675        

THE BOARD'S EMPLOYEES.                                             1,676        

      Sec. 4734.06.  THE STATE CHIROPRACTIC BOARD MAY APPOINT      1,679        

COMMITTEES OR OTHER GROUPS TO ASSIST IT IN FULFILLING ITS DUTIES.  1,680        

A COMMITTEE OR GROUP MAY CONSIST OF BOARD MEMBERS, OTHER           1,681        

INDIVIDUALS WITH APPROPRIATE BACKGROUNDS, OR BOTH BOARD MEMBERS    1,682        

AND OTHER INDIVIDUALS WITH APPROPRIATE BACKGROUNDS.  ANY           1,683        

COMMITTEE OR GROUP APPOINTED SHALL ACT UNDER THE DIRECTION OF THE  1,684        

BOARD AND SHALL PERFORM ITS FUNCTIONS WITHIN THE LIMITS            1,685        

ESTABLISHED BY THE BOARD.  MEMBERS OF A COMMITTEE OR GROUP MAY BE  1,686        

REIMBURSED BY THE BOARD FOR ANY EXPENSES INCURRED IN THE           1,687        

PERFORMANCE OF THEIR DUTIES.                                                    

      Sec. 4734.07.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE     1,690        

STATE CHIROPRACTIC BOARD, A CURRENT OR FORMER BOARD MEMBER, AN                  

AGENT OF THE BOARD, A REPRESENTATIVE OF THE BOARD, OR AN EMPLOYEE  1,694        

OF THE BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS  1,695        

THE RESULT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION  1,696        

RELATED TO OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO     1,697        

THIS CHAPTER.  IF ANY OF THOSE PERSONS ASKS TO BE DEFENDED BY THE  1,699        

STATE AGAINST ANY CLAIM OR ACTION ARISING OUT OF ANY ACT,          1,701        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO THE          1,702        

PERSON'S OFFICIAL DUTIES, AND THE REQUEST IS MADE IN WRITING AT A  1,703        

REASONABLE TIME BEFORE TRIAL AND THE PERSON REQUESTING DEFENSE     1,704        

COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE CLAIM OR ACTION,    1,705        

THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S DEFENSE AND       1,706        

SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR SETTLEMENT.  AT   1,707        

NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM OR JUDGMENT THAT   1,708        

IS FOR PUNITIVE OR EXEMPLARY DAMAGES.                                           

      Sec. 4734.08.  Every person who receives a license to        1,717        

practice chiropractic from the THE STATE chiropractic examining    1,718        

board shall, before beginning the practice of his profession in    1,721        

this state, record the license or a certified copy thereof with    1,723        

the probate court of the county in which he expects to practice.   1,724        

                                                          39     


                                                                 
Until such license is filed for record, the holder thereof shall   1,725        

exercise none of the rights or privileges conferred therein.  The  1,727        

probate judge shall keep in a book provided for that purpose a     1,729        

complete list of all the licenses recorded by him with the date    1,731        

of the recording of such licenses.  Each holder of a license                    

shall pay to the probate court a fee of two dollars for making     1,732        

such record.  The probate judge shall also note the revocation or  1,733        

suspension of a certificate by the chiropractic examining board,   1,735        

or the death or change of location of the holder of a certificate  1,736        

in the margin of a record.  It shall be the duty of the            1,738        

chiropractic examining board and of each certificate holder to                  

supply such information to the probate judge.  If the holder of a  1,739        

certificate changes his place of residence, he shall have the      1,741        

certificate recorded by the probate judge of the county into       1,744        

which he removes BECOME A MEMBER OF THE FEDERATION OF              1,745        

CHIROPRACTIC LICENSING BOARDS.  THE BOARD MAY PARTICIPATE IN ANY   1,746        

OF THE FEDERATION'S ACTIVITIES, INCLUDING REPORTING BOARD ACTIONS  1,747        

TAKEN TOWARD AN APPLICANT OR LICENSE HOLDER TO ANY DATA BANK       1,748        

ESTABLISHED BY THE FEDERATION.                                     1,749        

      Sec. 4734.09.  THE BOARD MAY ENTER INTO CONTRACTS WITH ANY   1,751        

PERSON OR GOVERNMENT ENTITY TO CARRY OUT THE INTENT OF THIS        1,752        

CHAPTER AND THE RULES ADOPTED UNDER IT, ANY OTHER APPLICABLE       1,753        

STATE STATUTES OR RULES, AND ANY APPLICABLE FEDERAL STATUTES OR    1,754        

REGULATIONS.                                                       1,755        

      Sec. 4734.10.  IN ADDITION TO RULES THAT ARE REQUIRED BY     1,759        

THIS CHAPTER TO BE ADOPTED, THE STATE CHIROPRACTIC BOARD MAY                    

ADOPT ANY OTHER RULES NECESSARY TO GOVERN THE PRACTICE OF          1,760        

CHIROPRACTIC AND TO ADMINISTER AND ENFORCE THIS CHAPTER.  THE      1,761        

RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE      1,763        

REVISED CODE.                                                                   

      Sec. 4734.17 4734.14.  (A)(1)  No person shall ENGAGE IN     1,773        

THE practice OF chiropractic without a certificate from the        1,775        

chiropractic examining board, except a person to whom a current                 

or original certificate to practice chiropractic has been, VALID   1,777        

                                                          40     


                                                                 
LICENSE issued by the STATE chiropractic examining board under     1,779        

this chapter.  No                                                  1,780        

      (2)  EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, NO  1,783        

person shall advertise or announce the person as CLAIM TO BE a     1,784        

chiropractor without, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC      1,785        

PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION WITH THE       1,786        

PERSON'S NAME, UNLESS THE PERSON HOLDS a certificate CURRENT,      1,789        

VALID LICENSE from the chiropractic examining board.  Subject      1,790        

      (3)  SUBJECT to section 4734.091 4734.17 of the Revised      1,793        

Code, no person who is not a licensee shall open or conduct an     1,795        

office or other place for the practice of chiropractic without a   1,796        

certificate LICENSE from the board.  Subject                       1,797        

      (4)  SUBJECT to section 4734.091 4734.17 of the Revised      1,800        

Code, no person shall conduct an office in the name of some        1,801        

person who has a certificate LICENSE to practice chiropractic.     1,802        

No                                                                              

      (5)  NO person shall practice chiropractic after a           1,805        

certificate has been revoked or, if a certificate has been         1,806        

suspended, during the time of the suspension IN VIOLATION OF THE   1,808        

PERSON'S LICENSE REVOCATION, FORFEITURE, OR SUSPENSION OR IN       1,809        

VIOLATION OF ANY RESTRICTION, LIMITATION, OR CONDITION PLACED ON   1,810        

THE PERSON'S LICENSE.                                                           

      (6)  NO PERSON SHALL EMPLOY FRAUD OR DECEPTION IN APPLYING   1,812        

FOR OR SECURING A LICENSE TO PRACTICE CHIROPRACTIC OR IN RENEWING  1,813        

A LICENSE TO PRACTICE CHIROPRACTIC.                                1,814        

      (7)  NO PERSON SHALL MAKE, ISSUE, OR PUBLISH, OR CAUSE TO    1,816        

BE MADE, ISSUED, OR PUBLISHED, FOR THE PURPOSE OF SALE, BARTER,    1,817        

OR GIFT, A LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER         1,818        

WRITING OR DOCUMENT FALSELY REPRESENTING THE HOLDER OR RECEIVER    1,819        

THEREOF TO BE LICENSED UNDER THIS CHAPTER OR TO BE A GRADUATE OF   1,820        

A CHIROPRACTIC SCHOOL, COLLEGE, OR OTHER EDUCATIONAL INSTITUTION   1,821        

OF CHIROPRACTIC, OR SELL OR DISPOSE OF, OR OFFER TO SELL OR                     

DISPOSE OF SUCH LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER    1,823        

WRITING OR DOCUMENT CONTAINING SUCH FALSE REPRESENTATION OR USE    1,824        

                                                          41     


                                                                 
THE PERSON'S NAME, OR PERMIT IT TO BE USED, AS A SUBSCRIBER TO     1,825        

SUCH FALSE AND FICTITIOUS LICENSE, CERTIFICATE, DIPLOMA, DEGREE,   1,826        

OR OTHER WRITING OR DOCUMENT OR ENGAGE IN THE PRACTICE OF                       

CHIROPRACTIC UNDER AND BY VIRTUE OF SUCH FRAUDULENT LICENSE,       1,827        

CERTIFICATE, DIPLOMA, DEGREE, OR OTHER WRITING OR DOCUMENT.        1,828        

      (B)  A PERSON WHO HAS RETIRED FROM THE PRACTICE OF           1,830        

CHIROPRACTIC IN GOOD STANDING AND DOES NOT MAINTAIN A CURRENT,     1,832        

VALID LICENSE FROM THE BOARD MAY CONTINUE TO CLAIM TO BE A         1,833        

CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC PHYSICIAN,   1,834        

OR USE THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME,   1,836        

IF THE PERSON DOES NOT ENGAGE IN THE PRACTICE OF CHIROPRACTIC OR   1,837        

OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT.      1,838        

      A PERSON WHOSE LICENSE HAS BEEN CLASSIFIED AS INACTIVE       1,840        

PURSUANT TO SECTION 4734.26 OF THE REVISED CODE MAY CONTINUE TO    1,842        

CLAIM TO BE A CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR             1,843        

CHIROPRACTIC PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION   1,844        

WITH THE PERSON'S NAME, IF THE PERSON DOES NOT ENGAGE IN THE       1,846        

PRACTICE OF CHIROPRACTIC OR OTHERWISE VIOLATE THIS CHAPTER OR THE  1,847        

RULES ADOPTED UNDER IT.                                                         

      (C)  IN ANY PROCEEDING FOR A VIOLATION OF THIS SECTION       1,849        

BROUGHT AGAINST A PERSON WHO IS NOT LICENSED UNDER THIS CHAPTER    1,850        

BUT IS A GRADUATE OF A CHIROPRACTIC COLLEGE APPROVED UNDER         1,851        

SECTION 4734.21 OF THE REVISED CODE, IT SHALL BE AN AFFIRMATIVE    1,852        

DEFENSE THAT THE PERSON IS PERMITTED TO USE THE TERM "DOCTOR" OR   1,854        

THE INITIALS "D.C." IN CONNECTION WITH THE PERSON'S NAME, BUT      1,855        

ONLY TO THE EXTENT THAT THE PERSON DOES NOT INDICATE OR ACT IN A   1,856        

MANNER IMPLYING THAT THE PERSON IS LICENSED UNDER THIS CHAPTER OR  1,857        

OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER IT.      1,859        

      (D)  A certificate DOCUMENT that is signed by the secretary  1,862        

PRESIDENT OR EXECUTIVE DIRECTOR of the board and that has affixed  1,863        

the official seal of the board to the effect that it appears from  1,864        

the records of the board that a certificate LICENSE to practice    1,865        

chiropractic in the THIS state has not been issued to a            1,868        

particular person, or that a certificate LICENSE, if issued, has   1,869        

                                                          42     


                                                                 
been revoked or suspended, shall be received as prima-facie        1,870        

evidence of the record of the board in any court or before any     1,872        

officer of the state.                                              1,873        

      Sec. 4734.09 4734.15.  (A)  The license provided for in      1,883        

this chapter shall entitle the holder thereof to practice          1,884        

chiropractic in this state.  For the purpose of this chapter       1,885        

"practice of chiropractic" or "practice as a chiropractor" means   1,886        

utilization of the relationship between the musculo-skeletal       1,887        

structures of the body, the spinal column and the nervous system,  1,888        

in the restoration and maintenance of health, in connection with   1,889        

which patient care is conducted with due regard for first aid,     1,890        

hygienic, nutritional, and rehabilitative procedures and the       1,891        

specific vertebral adjustment and manipulation of the              1,892        

articulations and adjacent tissues of the body.  The ALL OF THE    1,893        

FOLLOWING APPLY TO THE PRACTICE OF CHIROPRACTIC IN THIS STATE:     1,894        

      (1)  A chiropractor is authorized to examine, diagnose, and  1,897        

assume responsibility for the care of patients.                    1,898        

      The, ANY OR ALL OF WHICH IS INCLUDED IN THE PRACTICE OF      1,900        

CHIROPRACTIC.                                                      1,901        

      (2)  THE practice of chiropractic does not permit the        1,903        

chiropractor to treat infectious, contagious, or venereal          1,904        

disease, to perform surgery or acupuncture, or to prescribe or     1,905        

administer drugs for treatment, and.                               1,906        

      (3)  A CHIROPRACTOR MAY USE roentgen rays shall be used      1,908        

only for diagnostic purposes.  The                                 1,909        

      (4)  THE practice of chiropractic does not include the       1,912        

performance of abortions.                                                       

      (B)  An individual holding a valid, current certificate of   1,914        

registration LICENSE to practice chiropractic is entitled to use   1,915        

the title "doctor," or "doctor of chiropractic," "CHIROPRACTIC     1,918        

PHYSICIAN," OR "CHIROPRACTOR" and is a "physician" for the         1,920        

purposes of Chapter 4123. of the Revised Code, and the MEDICAID    1,921        

program established under section 5111.01 OPERATED PURSUANT TO     1,922        

CHAPTER 5111. of the Revised Code.                                              

                                                          43     


                                                                 
      Sec. 4734.16.  THE STATE CHIROPRACTIC BOARD MAY ESTABLISH A  1,924        

CODE OF ETHICS THAT APPLIES TO CHIROPRACTORS AND THEIR PRACTICE    1,925        

OF CHIROPRACTIC IN THIS STATE.  THE BOARD MAY ESTABLISH THE CODE   1,926        

OF ETHICS BY CREATING ITS OWN CODE OF ETHICS OR BY ADOPTING A      1,927        

CODE OF ETHICS CREATED BY A STATE OR FEDERAL ORGANIZATION THAT     1,928        

REPRESENTS THE INTERESTS OF CHIROPRACTORS.  IF A CODE OF ETHICS    1,929        

IS ESTABLISHED, THE BOARD SHALL MAINTAIN CURRENT COPIES OF THE     1,930        

CODE OF ETHICS FOR DISTRIBUTION ON REQUEST.                        1,931        

      Sec. 4734.23 4734.161.  No chiropractor shall do either of   1,940        

the following:                                                     1,941        

      (A)  Furnish a person with a prescription in order to        1,943        

enable the person to be issued a removable windshield placard,     1,945        

temporary removable windshield placard, or license plates under    1,946        

section 4503.44 of the Revised Code, knowing that the person does  1,947        

not meet any of the criteria contained in division (A)(1) of that  1,948        

section;                                                                        

      (B)  Furnish a person with a prescription described in       1,950        

division (A) of this section and knowingly misstate on the         1,952        

prescription the length of time the chiropractor expects the                    

person to have the disability that limits or impairs the person's  1,954        

ability to walk in order to enable the person to retain a placard  1,956        

issued under section 4503.44 of the Revised Code for a period of   1,957        

time longer than that which would be estimated by a similar        1,959        

practitioner under the same or similar circumstances.              1,960        

      Sec. 4734.091 4734.17.  (A)  An individual whom the STATE    1,970        

chiropractic examining board licenses, certificates, or otherwise  1,971        

legally authorizes to engage in the practice of chiropractic may   1,973        

render the professional services of a chiropractor within this     1,974        

state through a corporation formed under division (B) of section   1,975        

1701.03 of the Revised Code, a limited liability company formed                 

under Chapter 1705. of the Revised Code, a partnership, or a       1,977        

professional association formed under Chapter 1785. of the         1,979        

Revised Code.  This division does not preclude an individual of    1,981        

that nature A CHIROPRACTOR from rendering professional services    1,982        

                                                          44     


                                                                 
as a chiropractor through another form of business entity,         1,984        

including, but not limited to, a nonprofit corporation or          1,985        

foundation, or in another manner that is authorized by or in       1,986        

accordance with this chapter, another chapter of the Revised       1,987        

Code, or rules of the STATE chiropractic examining board adopted   1,988        

pursuant to this chapter.                                                       

      (B)  A corporation, limited liability company, partnership,  1,990        

or professional association described in division (A) of this      1,991        

section may be formed for the purpose of providing a combination   1,992        

of the professional services of the following individuals who are  1,993        

licensed, certificated, or otherwise legally authorized to         1,995        

practice their respective professions:                                          

      (1)  Optometrists who are authorized to practice optometry,  1,997        

under Chapter 4725. of the Revised Code;                           1,998        

      (2)  Chiropractors who are authorized to practice            2,000        

chiropractic under this chapter;                                   2,001        

      (3)  Psychologists who are authorized to practice            2,003        

psychology under Chapter 4732. of the Revised Code;                2,004        

      (4)  Registered or licensed practical nurses who are         2,006        

authorized to practice nursing as registered nurses or as          2,007        

licensed practical nurses under Chapter 4723. of the Revised       2,009        

Code;                                                                           

      (5)  Pharmacists who are authorized to practice pharmacy     2,012        

under Chapter 4729. of the Revised Code;                           2,015        

      (6)  Physical therapists who are authorized to practice      2,017        

physical therapy under sections 4755.40 to 4755.53 of the Revised  2,019        

Code;                                                              2,020        

      (7)  Mechanotherapists who are authorized to practice        2,022        

mechanotherapy under section 4731.151 of the Revised Code;         2,025        

      (8)  Doctors of medicine and surgery, osteopathic medicine   2,028        

and surgery, or podiatric medicine and surgery who are authorized  2,029        

for their respective practices under Chapter 4731. of the Revised  2,030        

Code.                                                                           

      This division shall apply notwithstanding a provision of a   2,032        

                                                          45     


                                                                 
ANY code of ethics described in division (A)(9) of ESTABLISHED OR  2,034        

ADOPTED UNDER section 4734.10 4734.16 of the Revised Code that     2,035        

prohibits an individual from engaging in the practice of           2,037        

chiropractic in combination with a person AN INDIVIDUAL who is     2,038        

licensed, certificated, or otherwise authorized for the practice   2,039        

of optometry, psychology, nursing, pharmacy, physical therapy,     2,040        

mechanotherapy, medicine and surgery, osteopathic medicine and     2,041        

surgery, or podiatric medicine and surgery, but who is not also    2,043        

licensed, certificated, or otherwise legally authorized UNDER      2,044        

THIS CHAPTER to engage in the practice of chiropractic.            2,045        

      Sec. 4734.19.  A CHIROPRACTOR SHALL RETAIN AT THE            2,047        

CHIROPRACTOR'S PRIMARY PRACTICE LOCATION A CURRENT COPY OF THE     2,048        

STATUTES AND RULES GOVERNING THE PRACTICE OF CHIROPRACTIC IN THIS  2,049        

STATE.                                                                          

      Sec. 4734.05 4734.20.  Each (A)  EXCEPT FOR PERSONS SEEKING  2,059        

TO PRACTICE CHIROPRACTIC UNDER A SPECIAL LIMITED LICENSE ISSUED    2,060        

PURSUANT TO SECTION 4734.27 OF THE REVISED CODE, EACH person       2,064        

wishing SEEKING to practice chiropractic and be approved for       2,065        

examination for licensure in the THIS state shall make written     2,067        

application APPLY IN WRITING TO THE STATE CHIROPRACTIC BOARD FOR   2,068        

A LICENSE TO PRACTICE CHIROPRACTIC.  THE APPLICATION SHALL BE                   

MADE under oath, on a form prescribed by the board, to the         2,071        

chiropractic examining board, such application to AND SHALL be     2,073        

accompanied by a fee of two hundred fifty dollars.  The board                   

shall issue licenses semiannually upon                             2,074        

      (B)  EXCEPT AS PROVIDED IN SECTIONS 4734.23 AND 4734.24 OF   2,077        

THE REVISED CODE, TO RECEIVE A CHIROPRACTIC LICENSE, AN APPLICANT  2,078        

MUST MEET the following conditions:                                             

      (A)(1)  The applicant shows to the satisfaction of the       2,080        

board that he is MUST BE at least twenty-one years of age, is BE   2,083        

of good moral character, and possesses POSSESS a high school       2,085        

education or its equivalent;                                       2,086        

      (B)  The.                                                    2,088        

      (2)  THE APPLICANT MUST HAVE SUCCESSFULLY COMPLETED, PRIOR   2,090        

                                                          46     


                                                                 
TO MATRICULATION AT A SCHOOL OR COLLEGE OF CHIROPRACTIC, AT LEAST  2,091        

TWO YEARS OF COLLEGE CREDIT IN THE ARTS AND SCIENCES AT A COLLEGE  2,093        

OR UNIVERSITY ACCREDITED BY A STATE OR REGIONAL ACCREDITING        2,094        

ORGANIZATION RECOGNIZED BY THE BOARD, EXCEPT THAT THE BOARD MAY                 

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    2,096        

THAT REQUIRE COMPLETION OF ADDITIONAL YEARS OF COLLEGE CREDIT OR   2,097        

RECEIPT OF A COLLEGE DEGREE IN AN AREA SPECIFIED IN THE RULES.     2,098        

      (3)  THE applicant is MUST BE a graduate of an approved AND  2,101        

HOLD THE DEGREE OF DOCTOR OF CHIROPRACTIC FROM A school or         2,102        

college of chiropractic approved by the board, requiring for       2,104        

graduation a course of study of not less than four thousand class  2,105        

hours of forty-five minutes per class hour;                        2,106        

      (C)  The applicant passes a written examination before the   2,108        

board and to its satisfaction in the following subjects with an    2,109        

average passing grade of not less than seventy-five per cent:      2,110        

      (1)  Principles and practice of chiropractic;                2,112        

      (2)  Anatomy;                                                2,114        

      (3)  Physiology;                                             2,116        

      (4)  Chemistry;                                              2,118        

      (5)  Pathology;                                              2,120        

      (6)  Bacteriology;                                           2,122        

      (7)  Diagnosis;                                              2,124        

      (8)  Hygiene;                                                2,126        

      (9)  Such additional subjects as the board considers         2,128        

appropriate.                                                       2,129        

      Examinations shall be conducted in the city of Columbus in   2,131        

February and August of each year to determine the professional     2,132        

qualifications of applicants for registration as chiropractors     2,133        

UNDER SECTION 4734.21 OF THE REVISED CODE.                         2,134        

      (4)  THE APPLICANT MUST HAVE RECEIVED ONE OF THE FOLLOWING   2,137        

FROM THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS, AS APPROPRIATE  2,138        

ACCORDING TO THE DATE OF THE APPLICANT'S GRADUATION FROM A SCHOOL  2,139        

OR COLLEGE OF CHIROPRACTIC:                                        2,140        

      (a)  IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1,       2,143        

                                                          47     


                                                                 
1970, BUT BEFORE JANUARY 1, 1989, A "DIPLOMATE CERTIFICATE" OR     2,145        

"CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS I AND II   2,147        

AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL BOARD'S              2,148        

EXAMINATIONS;                                                                   

      (b)  IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1,       2,151        

1989, BUT BEFORE JANUARY 1, 2000, A "CERTIFICATE OF ATTAINMENT"    2,153        

EVIDENCING PASSAGE OF PARTS I, II, AND III AND THE PHYSIOTHERAPY   2,156        

SECTION OF THE NATIONAL BOARD'S EXAMINATIONS;                      2,157        

      (c)  IF THE APPLICANT GRADUATED ON OR AFTER JANUARY 1,       2,160        

2000, A "CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS    2,162        

I, II, III, AND IV AND THE PHYSIOTHERAPY SECTION OF THE NATIONAL   2,166        

BOARD'S EXAMINATIONS.                                                           

      (5)  THE APPLICANT MUST HAVE PASSED THE BOARD'S              2,168        

JURISPRUDENCE EXAMINATION CONDUCTED UNDER SECTION 4734.22 OF THE   2,169        

REVISED CODE.                                                      2,171        

      (C)  THE BOARD SHALL ISSUE A LICENSE TO PRACTICE             2,174        

CHIROPRACTIC TO EACH APPLICANT WHO FILES A COMPLETE APPLICATION,   2,175        

PAYS ALL APPLICABLE FEES, AND MEETS THE CONDITIONS SPECIFIED IN    2,176        

DIVISION (B) OF THIS SECTION.  THE BURDEN OF PROOF IS ON THE       2,178        

APPLICANT, TO PROVE BY CLEAR AND CONVINCING EVIDENCE TO THE        2,179        

BOARD, THAT THE APPLICANT MEETS THE CONDITIONS FOR RECEIPT OF THE  2,180        

LICENSE.                                                                        

      THE BOARD MAY CONDUCT ANY INVESTIGATION IT CONSIDERS         2,182        

APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL            2,183        

CHARACTER, AND FITNESS TO RECEIVE A LICENSE.  IN CONDUCTING AN     2,184        

INVESTIGATION, THE BOARD MAY REQUEST INFORMATION FROM THE RECORDS  2,186        

MAINTAINED BY THE FEDERAL BUREAU OF INVESTIGATION, THE BUREAU OF   2,187        

CRIMINAL IDENTIFICATION AND INVESTIGATION, AND ANY OTHER           2,188        

REPOSITORIES OF CRIMINAL RECORDS HELD IN THIS OR ANOTHER STATE.                 

THE BOARD MAY CHARGE THE APPLICANT A FEE FOR CONDUCTING THE        2,189        

INVESTIGATION.  THE AMOUNT OF THE FEE SHALL NOT EXCEED THE         2,191        

EXPENSES THE BOARD INCURS IN CONDUCTING THE INVESTIGATION AND MAY  2,192        

INCLUDE ANY FEES THAT MUST BE PAID TO OBTAIN INFORMATION IN THE    2,193        

CRIMINAL RECORD.                                                                

                                                          48     


                                                                 
      Sec. 4734.201.  AS USED IN DIVISION (B) OF SECTION 4734.20   2,195        

OF THE REVISED CODE, "PHYSIOTHERAPY" IS A REFERENCE TO A           2,196        

PARTICULAR SECTION OF THE EXAMINATION OFFERED BY THE NATIONAL      2,197        

BOARD OF CHIROPRACTIC EXAMINERS AND DOES NOT MEAN "PHYSIOTHERAPY"  2,198        

AS THAT TERM IS USED IN RELATION TO THE PRACTICE OF PHYSICAL       2,199        

THERAPY PURSUANT TO SECTIONS 4755.40 TO 4755.56 OF THE REVISED     2,201        

CODE.                                                                           

      Sec. 4734.21.  THE STATE CHIROPRACTIC BOARD SHALL EVALUATE   2,203        

SCHOOLS AND COLLEGES OF CHIROPRACTIC AND APPROVE THOSE             2,204        

INSTITUTIONS THAT IT DETERMINES ARE CAPABLE OF ADEQUATELY          2,205        

TRAINING INDIVIDUALS FOR THE PRACTICE OF CHIROPRACTIC IN THIS      2,206        

STATE, EXCEPT THAT IN APPROPRIATE CASES, THE BOARD MAY ACCEPT THE  2,208        

APPROVAL OF AN INSTITUTION THAT HAS BEEN MADE PURSUANT TO AN                    

EVALUATION CONDUCTED BY THE COUNCIL ON CHIROPRACTIC EDUCATION OR   2,209        

ANOTHER ENTITY ACCEPTABLE TO THE BOARD.                            2,210        

      WHEN DETERMINING IF A SCHOOL OR COLLEGE OF CHIROPRACTIC      2,212        

SHOULD RECEIVE THE BOARD'S APPROVAL OR CONTINUE TO BE APPROVED,    2,213        

THE BOARD MAY MAKE ON-SITE INSPECTIONS, REVIEWS, AND INQUIRIES AS  2,215        

IT CONSIDERS NECESSARY.  THE BOARD MAY CHARGE A SCHOOL OR COLLEGE  2,216        

OF CHIROPRACTIC A FEE TO COVER THE REASONABLE COSTS INCURRED BY    2,217        

THE BOARD IN CONDUCTING ANY INSPECTION, REVIEW, OR INQUIRY         2,218        

RELATED TO THE APPROVAL OF THE SCHOOL OR COLLEGE.                               

      THE BOARD SHALL MAINTAIN A LIST OF SCHOOLS AND COLLEGES OF   2,220        

CHIROPRACTIC APPROVED UNDER THIS SECTION.  ON REQUEST, THE BOARD   2,221        

SHALL PROVIDE A COPY OF THE LIST TO THE PERSON MAKING THE          2,222        

REQUEST.                                                                        

      Sec. 4734.22.  THE STATE CHIROPRACTIC BOARD OR ITS           2,224        

REPRESENTATIVE SHALL ADMINISTER AN EXAMINATION ON JURISPRUDENCE,   2,225        

AS IT RELATES TO THE PRACTICE OF CHIROPRACTIC, FOR INDIVIDUALS     2,226        

WHO APPLY TO BE LICENSED UNDER THIS CHAPTER.  THE EXAMINATION      2,228        

SHALL COVER THE PROVISIONS OF THE STATUTES AND RULES GOVERNING     2,229        

THE PRACTICE OF CHIROPRACTIC IN THIS STATE AND OTHER LEGAL TOPICS  2,230        

CONSIDERED APPROPRIATE BY THE BOARD.  THE EXAMINATION SHALL BE     2,231        

OFFERED AT TIMES AND PLACES SELECTED BY THE BOARD AND SHALL BE     2,232        

                                                          49     


                                                                 
ADMINISTERED IN THE MANNER SPECIFIED BY THE BOARD.  THE BOARD      2,233        

SHALL DETERMINE THE SCORE THAT CONSTITUTES EVIDENCE OF PASSING     2,235        

THE EXAMINATION.                                                                

      Sec. 4734.06 4734.23.  Any applicant who was not enrolled    2,244        

and in attendance at a school or college of chiropractic approved  2,246        

by the chiropractic examining board on November 3, 1975, shall,    2,247        

in addition to the requirements of section 4734.05 of the Revised  2,248        

Code, be required to furnish evidence to the board of              2,249        

satisfactorily completing two or more years of college             2,250        

accreditation in the arts and sciences in a college accredited by  2,251        

a state or regional association board or commission responsible    2,252        

for the accreditation and approval of secondary schools and        2,253        

colleges.                                                          2,254        

      The (A)  A PERSON LICENSED BY ANOTHER STATE OR COUNTRY IN    2,256        

THE PRACTICE OF CHIROPRACTIC MAY APPLY UNDER THIS SECTION FOR A    2,257        

LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE IN LIEU OF          2,258        

APPLYING UNDER SECTION 4734.20 OF THE REVISED CODE.  THE FEE FOR   2,259        

APPLYING UNDER THIS SECTION SHALL BE FIVE HUNDRED DOLLARS.                      

      (B)  THE STATE CHIROPRACTIC board may, without the           2,261        

examination required FOR GOOD CAUSE, WAIVE ALL OR PART OF THE      2,263        

EDUCATIONAL AND TESTING REQUIREMENTS SPECIFIED under section       2,266        

4734.05 4734.20 of the Revised Code, AND issue a license to an     2,267        

applicant UNDER THIS SECTION, if he THE APPLICANT presents         2,269        

satisfactory proof of the possession of a license or certificate   2,271        

of registration which has been issued to the applicant within      2,272        

BEING LICENSED TO PRACTICE CHIROPRACTIC IN another state, or       2,273        

within any foreign country, or if issued a certificate by the      2,274        

national board of chiropractic examiners, where the requirements   2,275        

for RECEIPT OF the registration or certification of the applicant  2,276        

at LICENSE, ON the date of his THE license WAS ISSUED, are         2,279        

considered by the chiropractic examining board to be               2,280        

substantially equivalent to those of this chapter.  The fee for    2,281        

each such license shall be two hundred fifty dollars APPLICANT     2,283        

MUST MEET THE SAME AGE AND MORAL CHARACTER REQUIREMENTS THAT MUST  2,284        

                                                          50     


                                                                 
BE MET UNDER SECTION 4734.20 OF THE REVISED CODE.  IF THE BOARD    2,285        

DOES NOT WAIVE ALL OF THE EDUCATIONAL AND TESTING REQUIREMENTS,    2,286        

THE BOARD MAY REQUIRE THAT THE APPLICANT COMPLETE AND RECEIVE A    2,287        

SCORE SPECIFIED BY THE BOARD ON ONE OR MORE TESTS ADMINISTERED BY  2,290        

THE BOARD OR BY THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS OR    2,291        

ANOTHER TESTING ENTITY.                                            2,292        

      Sec. 4734.19 4734.24.  Any person who is WAS actively        2,302        

engaged in the practice of chiropractic in this state on the       2,303        

effective date of this section NOVEMBER 3, 1975, who, on that      2,304        

date, holds HELD a valid, current certificate issued by the state  2,306        

medical board under THE FORMER PROVISIONS OF Chapter 4731. of the  2,307        

Revised Code authorizing him THE PERSON to practice chiropractic,  2,310        

is deemed to possess the requisite educational and professional                 

qualifications to practice chiropractic in this state.             2,311        

      Sec. 4734.07 4734.25.  Every person who receives a A         2,321        

license to practice chiropractic from the STATE chiropractic       2,322        

examining board shall thereafter apply to the board for renewal    2,324        

EXPIRES ANNUALLY ON THE FIRST DAY OF JANUARY AND MAY BE RENEWED.   2,325        

THE RENEWAL PROCESS SHALL BE CONDUCTED in accordance with section  2,327        

4745.02 THE STANDARD RENEWAL PROCEDURES OF CHAPTER 4745. of the    2,328        

Revised Code, EXCEPT THAT THE BOARD'S EXECUTIVE DIRECTOR SHALL     2,329        

NOTIFY EACH LICENSE HOLDER OF THE LICENSE RENEWAL REQUIREMENTS OF  2,330        

THIS SECTION NOT LATER THAN SIXTY DAYS PRIOR TO THE LICENSE'S      2,331        

EXPIRATION DATE.  WHEN AN APPLICATION FOR RENEWAL IS SUBMITTED,                 

THE APPLICANT SHALL PROVIDE THE INFORMATION NECESSARY TO PROCESS   2,332        

THE APPLICATION and pay a renewal fee of two hundred fifty         2,336        

dollars on or before the first day of January of each succeeding   2,337        

year.  Before                                                                   

      BEFORE a renewal of license is issued by the board, each     2,340        

THE licensee shall furnish the board with satisfactory evidence    2,341        

that the licensee has attended COMPLETED DURING THE CURRENT        2,342        

LICENSING PERIOD not less than one two-day educational program     2,343        

conducted in Ohio by the Ohio state chiropractic association or    2,344        

the equivalent of such educational program held in the state as    2,345        

                                                          51     


                                                                 
approved by the board THE NUMBER OF HOURS OF CONTINUING EDUCATION  2,346        

THAT THE BOARD REQUIRES IN RULES ADOPTED UNDER THIS SECTION.  FOR  2,347        

AN ACTIVITY TO BE APPLIED TOWARD THE CONTINUING EDUCATION          2,348        

REQUIREMENT, THE ACTIVITY MUST MEET THE BOARD'S APPROVAL AS A      2,349        

CONTINUING EDUCATION ACTIVITY, AS SPECIFIED IN RULES ADOPTED       2,350        

UNDER THIS SECTION.  Any exception from the CONTINUING EDUCATION   2,351        

requirement for attendance at such educational programs may MUST   2,353        

be approved by the board.  The secretary of the board shall, at    2,355        

least sixty days prior to the first day of January of each year,   2,356        

notify each licensee, at the licensee's last known address, of     2,357        

the provisions of this section.  Failure                                        

      FAILURE of a licensee to comply with this section, and       2,361        

INCLUDING failure to pay the renewal fee on or before the first    2,363        

day of January of each succeeding year, shall operate as a AN      2,364        

AUTOMATIC forfeiture of the right of the licensee to practice the  2,366        

licensee's profession CHIROPRACTIC in this state.  The licensee A  2,368        

FORFEITED LICENSE may be reinstated by the board upon payment of   2,370        

all fees due and a penalty fee of one hundred fifty dollars for                 

reinstatement, in addition to satisfying the board of compliance   2,372        

HAVING COMPLIED with the educational CONTINUING EDUCATION          2,374        

requirements under OF this section.  IF AN INDIVIDUAL'S LICENSE    2,375        

HAS BEEN FORFEITED FOR TWO OR MORE YEARS, THE BOARD MAY ALSO       2,377        

REQUIRE AS A CONDITION OF REINSTATEMENT THAT THE INDIVIDUAL        2,378        

COMPLETE TRAINING OR TESTING AS SPECIFIED BY THE BOARD.            2,379        

      THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY TO    2,381        

IMPLEMENT THIS SECTION, INCLUDING STANDARDS FOR APPROVAL OF        2,382        

CONTINUING EDUCATION IN THE PRACTICE OF CHIROPRACTIC.  ALL RULES   2,383        

ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN ACCORDANCE WITH     2,385        

CHAPTER 119. OF THE REVISED CODE.                                               

      Sec. 4734.26.  (A)  AN INDIVIDUAL LICENSED UNDER THIS        2,387        

CHAPTER WHO INTENDS NOT TO PRACTICE IN THIS STATE FOR AN EXTENDED  2,390        

PERIOD MAY SEND TO THE STATE CHIROPRACTIC BOARD WRITTEN NOTICE TO  2,392        

THAT EFFECT ON OR BEFORE THE LICENSE RENEWAL DATE.  IF THE                      

INDIVIDUAL'S LICENSE IS IN GOOD STANDING AND THE INDIVIDUAL IS     2,393        

                                                          52     


                                                                 
NOT UNDER DISCIPLINARY REVIEW PURSUANT TO SECTION 4734.31 OF THE   2,394        

REVISED CODE, THE BOARD SHALL CLASSIFY THE LICENSE AS INACTIVE.    2,395        

DURING THE PERIOD THAT THE LICENSE IS CLASSIFIED AS INACTIVE, THE  2,396        

INDIVIDUAL MAY NOT ENGAGE IN THE PRACTICE OF CHIROPRACTIC IN THIS  2,397        

STATE OR MAKE ANY REPRESENTATION TO THE PUBLIC INDICATING THAT     2,398        

THE PERSON IS ACTIVELY LICENSED UNDER THIS CHAPTER.  AN            2,399        

INDIVIDUAL WHOSE LICENSE IS CLASSIFIED AS INACTIVE IS NOT          2,400        

REQUIRED TO PAY THE LICENSE RENEWAL FEE FOR THE LICENSE.           2,401        

      (B)  THE HOLDER OF AN INACTIVE LICENSE MAY APPLY TO THE      2,403        

BOARD TO HAVE THE LICENSE RESTORED.  THE BOARD SHALL CONSIDER THE  2,405        

LENGTH OF INACTIVITY AND, IN ACCORDANCE WITH THE STANDARDS FOR     2,407        

ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION 4734.20 OF THE     2,408        

REVISED CODE, THE MORAL CHARACTER AND THE ACTIVITIES OF THE        2,409        

APPLICANT DURING THE INACTIVE LICENSE PERIOD.  THE BOARD MAY       2,411        

IMPOSE TERMS AND CONDITIONS ON RESTORATION OF THE LICENSE BY       2,412        

DOING ANY OF THE FOLLOWING:                                        2,413        

      (1)  REQUIRING THE APPLICANT TO OBTAIN TRAINING, WHICH MAY   2,415        

INCLUDE REQUIRING THE APPLICANT TO PASS AN EXAMINATION UPON        2,418        

COMPLETION OF THE TRAINING;                                        2,419        

      (2)  REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN      2,421        

EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE;     2,422        

      (3)  RESTRICTING OR LIMITING THE EXTENT, SCOPE, OR TYPE OF   2,424        

PRACTICE OF THE APPLICANT.                                         2,426        

      Sec. 4734.27.  (A)  TO THE EXTENT IT IS IN THE PUBLIC        2,429        

INTEREST, THE STATE CHIROPRACTIC BOARD MAY ISSUE, WITHOUT          2,430        

EXAMINATION, A SPECIAL LIMITED LICENSE TO PRACTICE CHIROPRACTIC    2,431        

AS FOLLOWS:                                                                     

      (1)  TO A PERSON WHO IS SEEKING TO PARTICIPATE IN AN         2,433        

INTERNSHIP, RESIDENCY, PRECEPTORSHIP, OR CLINICAL FELLOWSHIP IN    2,434        

THIS STATE IN PREPARATION FOR THE PRACTICE OF CHIROPRACTIC;        2,436        

      (2)  TO A PERSON WHO PLANS TO PROVIDE CHIROPRACTIC SERVICES  2,439        

IN CONNECTION WITH A SPECIAL ACTIVITY, PROGRAM, OR EVENT           2,440        

CONDUCTED IN THIS STATE, IF THE PERSON HOLDS A CURRENT, VALID,                  

AND UNRESTRICTED LICENSE TO PRACTICE CHIROPRACTIC IN ANOTHER       2,441        

                                                          53     


                                                                 
STATE OR COUNTRY;                                                  2,442        

      (3)  TO A PERSON WHO PREVIOUSLY HELD AN UNRESTRICTED         2,444        

LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE WHO PLANS TO OFFER  2,446        

GRATUITOUS CHIROPRACTIC SERVICES AS A VOLUNTARY PUBLIC SERVICE;    2,447        

      (4)  TO ANY OTHER PERSON FOR ANY OTHER REASON SPECIFIED AS   2,449        

GOOD CAUSE BY THE BOARD IN RULES ADOPTED UNDER THIS SECTION.       2,451        

      (B)  AN APPLICANT FOR A SPECIAL LIMITED LICENSE SHALL        2,454        

SUBMIT TO THE BOARD A COMPLETE APPLICATION ON A FORM PRESCRIBED    2,455        

BY THE BOARD, PAY AN APPLICATION FEE OF SEVENTY-FIVE DOLLARS, AND  2,456        

FURNISH PROOF SATISFACTORY TO THE BOARD OF BEING AT LEAST          2,457        

TWENTY-ONE YEARS OF AGE, OF GOOD MORAL CHARACTER, AND OF EITHER    2,458        

HOLDING THE DEGREE OF DOCTOR OF CHIROPRACTIC OR BEING ENROLLED IN  2,459        

A PROGRAM LEADING TO THE DEGREE.  THE INSTITUTION FROM WHICH THE   2,460        

APPLICANT RECEIVED THE DEGREE OR IN WHICH THE APPLICANT IS         2,461        

ENROLLED MUST BE A SCHOOL OR COLLEGE THAT IS APPROVED BY THE       2,463        

BOARD UNDER SECTION 4734.21 OF THE REVISED CODE.                                

      (C)  THE PROVISIONS OF THIS CHAPTER THAT APPLY TO            2,466        

APPLICANTS FOR AND HOLDERS OF LICENSES TO PRACTICE CHIROPRACTIC    2,467        

SHALL APPLY TO APPLICANTS FOR AND HOLDERS OF SPECIAL LIMITED       2,468        

LICENSES TO THE EXTENT THE BOARD CONSIDERS APPROPRIATE, INCLUDING  2,469        

THE BOARD'S AUTHORITY TO CONDUCT ANY INVESTIGATION IT CONSIDERS    2,470        

APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL            2,471        

CHARACTER, AND FITNESS TO RECEIVE A LICENSE AND THE BOARD'S        2,472        

AUTHORITY TO TAKE ACTIONS UNDER SECTION 4734.31 OF THE REVISED     2,473        

CODE.                                                                           

      (D)  THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY  2,476        

TO IMPLEMENT THIS SECTION.  ALL RULES ADOPTED UNDER THIS SECTION   2,477        

SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED    2,480        

CODE.                                                                           

      Sec. 4734.10 4734.31.  (A)  The STATE chiropractic           2,491        

examining board may refuse, revoke, or suspend TAKE ANY OF THE     2,493        

ACTIONS SPECIFIED IN DIVISION (B) OF THIS SECTION AGAINST AN       2,495        

INDIVIDUAL WHO HAS APPLIED FOR OR HOLDS A LICENSE TO PRACTICE      2,496        

CHIROPRACTIC IN THIS STATE IF ANY OF THE REASONS SPECIFIED IN                   

                                                          54     


                                                                 
DIVISION (C) OF THIS SECTION FOR TAKING ACTION AGAINST AN          2,497        

INDIVIDUAL ARE APPLICABLE.  EXCEPT AS PROVIDED IN DIVISION (D) OF  2,498        

THIS SECTION, ACTIONS TAKEN AGAINST AN INDIVIDUAL SHALL BE TAKEN   2,499        

IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  THE BOARD    2,500        

MAY SPECIFY THAT ANY ACTION IT TAKES IS A PERMANENT ACTION.  THE   2,501        

BOARD'S AUTHORITY TO TAKE ACTION AGAINST AN INDIVIDUAL IS NOT      2,502        

REMOVED OR LIMITED BY THE INDIVIDUAL'S FAILURE TO RENEW A                       

LICENSE.                                                           2,503        

      (B)  IN ITS IMPOSITION OF SANCTIONS AGAINST AN INDIVIDUAL,   2,505        

THE BOARD MAY DO ANY OF THE FOLLOWING:                             2,506        

      (1)  REFUSE TO ISSUE, RENEW, RESTORE, OR REINSTATE A         2,509        

LICENSE TO PRACTICE CHIROPRACTIC;                                               

      (2)  REPRIMAND OR CENSURE A LICENSE HOLDER;                  2,512        

      (3)  PLACE LIMITS, RESTRICTIONS, OR PROBATIONARY CONDITIONS  2,515        

ON A LICENSE HOLDER'S PRACTICE;                                                 

      (4)  IMPOSE A CIVIL FINE OF NOT MORE THAN FIVE THOUSAND      2,518        

DOLLARS ACCORDING TO A SCHEDULE OF FINES SPECIFIED IN RULES THAT   2,519        

THE BOARD SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE       2,520        

REVISED CODE;                                                                   

      (5)  SUSPEND A LICENSE for a limited OR INDEFINITE period,   2,522        

the license of an applicant for licensure to practice              2,524        

chiropractic or of a licensed chiropractor;                        2,525        

      (6)  REVOKE A LICENSE.                                       2,527        

      (C)  THE BOARD MAY TAKE THE ACTIONS SPECIFIED IN DIVISION    2,529        

(B) OF THIS SECTION for any of the following causes REASONS:       2,530        

      (1)  Conviction of A PLEA OF GUILTY TO, A JUDICIAL FINDING   2,533        

OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR              2,534        

INTERVENTION IN LIEU OF CONVICTION FOR, a felony or of a           2,535        

misdemeanor involving moral turpitude IN ANY JURISDICTION, in      2,536        

either of which cases CASE a certified copy of the court record    2,539        

shall be conclusive evidence, upon receipt of which the board      2,540        

shall revoke or suspend the license of a chiropractor so           2,541        

convicted OF THE CONVICTION;                                                    

      (2)  Any COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN   2,544        

                                                          55     


                                                                 
THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS    2,545        

COMMITTED;                                                                      

      (3)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,    2,547        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   2,548        

CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE, AS        2,549        

DETERMINED BY THE BOARD, IN WHICH CASE A CERTIFIED COPY OF THE     2,550        

COURT RECORD SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER;           2,551        

      (4)  COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT     2,553        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         2,554        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       2,555        

      (5)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,    2,557        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   2,558        

CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF           2,559        

PRACTICE, IN WHICH CASE A CERTIFIED COPY OF THE COURT RECORD       2,560        

SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER;                        2,561        

      (6)  COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT     2,563        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         2,564        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       2,565        

      (7)  A VIOLATION OR ATTEMPTED violation of this chapter OR   2,569        

THE RULES ADOPTED UNDER IT GOVERNING THE PRACTICE OF                            

CHIROPRACTIC;                                                      2,570        

      (8)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY   2,573        

THE BOARD, INCLUDING FAILURE TO COMPLY WITH A SUBPOENA OR ORDER    2,574        

ISSUED BY THE BOARD OR FAILURE TO ANSWER TRUTHFULLY A QUESTION     2,575        

PRESENTED BY THE BOARD AT A DEPOSITION OR IN WRITTEN               2,576        

INTERROGATORIES, EXCEPT THAT FAILURE TO COOPERATE WITH AN          2,577        

INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR DISCIPLINE UNDER    2,578        

THIS SECTION IF THE BOARD OR A COURT OF COMPETENT JURISDICTION     2,579        

HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA OR PERMITS THE  2,580        

INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE IN ISSUE;         2,581        

      (9)  ENGAGING IN AN ONGOING PROFESSIONAL RELATIONSHIP WITH   2,583        

A PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER OR  2,584        

THE RULES ADOPTED UNDER IT, UNLESS THE CHIROPRACTOR MAKES A GOOD   2,586        

FAITH EFFORT TO HAVE THE PERSON OR ENTITY COMPLY WITH THE                       

                                                          56     


                                                                 
PROVISIONS;                                                        2,587        

      (10)  RETALIATING AGAINST A CHIROPRACTOR FOR THE             2,589        

CHIROPRACTOR'S REPORTING TO THE BOARD OR ANY OTHER AGENCY WITH     2,590        

JURISDICTION ANY VIOLATION OF THE LAW OR FOR COOPERATING WITH THE  2,591        

BOARD OF ANOTHER AGENCY IN THE INVESTIGATION OF ANY VIOLATION OF   2,592        

THE LAW;                                                           2,593        

      (11)  AIDING, ABETTING, ASSISTING, COUNSELING, OR            2,595        

CONSPIRING WITH ANY PERSON IN THAT PERSON'S VIOLATION OF ANY       2,596        

PROVISION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT,           2,597        

INCLUDING THE PRACTICE OF CHIROPRACTIC WITHOUT A LICENSE, OR       2,598        

AIDING, ABETTING, ASSISTING, COUNSELING, OR CONSPIRING WITH ANY    2,599        

PERSON IN THAT PERSON'S UNLICENSED PRACTICE OF ANY OTHER HEALTH    2,600        

CARE PROFESSION THAT HAS LICENSING REQUIREMENTS;                   2,601        

      (12)  WITH RESPECT TO A REPORT OR RECORD THAT IS MADE,       2,604        

FILED, OR SIGNED IN CONNECTION WITH THE PRACTICE OF CHIROPRACTIC,               

KNOWINGLY MAKING OR FILING A REPORT OR RECORD THAT IS FALSE,       2,605        

INTENTIONALLY OR NEGLIGENTLY FAILING TO FILE A REPORT OR RECORD    2,606        

REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR WILLFULLY IMPEDING OR  2,607        

OBSTRUCTING THE REQUIRED FILING, OR INDUCING ANOTHER PERSON TO     2,608        

ENGAGE IN ANY SUCH ACTS;                                           2,609        

      (3)  Fraud or deceit in procuring admission to practice;     2,611        

      (4)(13)  MAKING A FALSE, FRAUDULENT, OR DECEITFUL STATEMENT  2,613        

TO THE BOARD OR ANY AGENT OF THE BOARD DURING ANY INVESTIGATION    2,614        

OR OTHER OFFICIAL PROCEEDING CONDUCTED BY THE BOARD UNDER THIS     2,615        

CHAPTER OR IN ANY FILING THAT MUST BE SUBMITTED TO THE BOARD;      2,616        

      (14)  ATTEMPTING TO SECURE A LICENSE OR TO CORRUPT THE       2,618        

OUTCOME OF AN OFFICIAL BOARD PROCEEDING THROUGH BRIBERY OR ANY     2,619        

OTHER IMPROPER MEANS;                                              2,620        

      (15)  WILLFULLY OBSTRUCTING OR HINDERING THE BOARD OR ANY    2,622        

AGENT OF THE BOARD IN THE DISCHARGE OF THE BOARD'S DUTIES;         2,623        

      (16)  Habitually using drugs or intoxicants to the extent    2,625        

of rendering the applicant or chiropractor THAT THE PERSON IS      2,626        

RENDERED unfit for the practice of chiropractic or for gross       2,629        

immorality;                                                                     

                                                          57     


                                                                 
      (5)  Violation of any rule adopted by the board to govern    2,632        

the practice of chiropractic that is consistent with section       2,633        

4734.091 of the Revised Code;                                                   

      (6)  Being guilty;                                           2,635        

      (17)  INABILITY TO PRACTICE CHIROPRACTIC ACCORDING TO        2,638        

ACCEPTABLE AND PREVAILING STANDARDS OF CARE BY REASON OF CHEMICAL  2,640        

DEPENDENCY, MENTAL ILLNESS, OR PHYSICAL ILLNESS, INCLUDING                      

CONDITIONS IN WHICH PHYSICAL DETERIORATION HAS ADVERSELY AFFECTED  2,642        

THE PERSON'S COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS AND                         

CONDITIONS IN WHICH A CHIROPRACTOR'S CONTINUED PRACTICE MAY POSE   2,644        

A DANGER TO THE CHIROPRACTOR OR THE PUBLIC;                        2,645        

      (18)  ANY ACT CONSTITUTING GROSS IMMORALITY RELATIVE TO THE  2,647        

PERSON'S PRACTICE OF CHIROPRACTIC, INCLUDING ACTS INVOLVING        2,648        

SEXUAL ABUSE, SEXUAL MISCONDUCT, OR SEXUAL EXPLOITATION;           2,649        

      (19)  EXPLOITING A PATIENT FOR PERSONAL OR FINANCIAL GAIN;   2,651        

      (20)  FAILING TO MAINTAIN PROPER, ACCURATE, AND LEGIBLE      2,653        

RECORDS IN THE ENGLISH LANGUAGE DOCUMENTING EACH PATIENT'S CARE,   2,655        

INCLUDING, AS APPROPRIATE, RECORDS OF THE FOLLOWING:  DATES OF     2,656        

TREATMENT, SERVICES RENDERED, EXAMINATIONS, TESTS, X-RAY REPORTS,  2,657        

REFERRALS, AND THE DIAGNOSIS OR CLINICAL IMPRESSION AND CLINICAL   2,658        

TREATMENT PLAN PROVIDED TO THE PATIENT;                                         

      (21)  EXCEPT AS OTHERWISE REQUIRED BY THE BOARD OR BY LAW,   2,660        

DISCLOSING PATIENT INFORMATION GAINED DURING THE CHIROPRACTOR'S    2,661        

PROFESSIONAL RELATIONSHIP WITH A PATIENT WITHOUT OBTAINING THE     2,663        

PATIENT'S AUTHORIZATION FOR THE DISCLOSURE;                                     

      (22)  COMMISSION of willful and OR gross malpractice, or     2,666        

willful or gross neglect, in the practice of chiropractic;         2,667        

      (7)(23)  FAILING TO PERFORM OR NEGLIGENTLY PERFORMING AN     2,669        

ACT RECOGNIZED BY THE BOARD AS A GENERAL DUTY OR THE EXERCISE OF   2,671        

DUE CARE IN THE PRACTICE OF CHIROPRACTIC, REGARDLESS OF WHETHER    2,672        

INJURY RESULTS TO A PATIENT FROM THE FAILURE TO PERFORM OR         2,673        

NEGLIGENT PERFORMANCE OF THE ACT;                                  2,674        

      (24)  ENGAGING IN ANY CONDUCT OR PRACTICE THAT IMPAIRS OR    2,676        

MAY IMPAIR THE ABILITY TO PRACTICE CHIROPRACTIC SAFELY AND         2,677        

                                                          58     


                                                                 
SKILLFULLY;                                                        2,678        

      (25)  PRACTICING, OR CLAIMING TO BE CAPABLE OF PRACTICING,   2,681        

BEYOND THE SCOPE OF THE PRACTICE OF CHIROPRACTIC AS ESTABLISHED    2,682        

UNDER THIS CHAPTER AND THE RULES ADOPTED UNDER THIS CHAPTER;                    

      (26)  ACCEPTING AND PERFORMING PROFESSIONAL                  2,684        

RESPONSIBILITIES AS A CHIROPRACTOR WHEN NOT QUALIFIED TO PERFORM   2,685        

THOSE RESPONSIBILITIES, IF THE PERSON KNEW OR HAD REASON TO KNOW   2,686        

THAT THE PERSON WAS NOT QUALIFIED TO PERFORM THEM;                 2,687        

      (27)  DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES    2,689        

OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL WHEN THE      2,691        

DELEGATING CHIROPRACTOR KNOWS OR HAD REASON TO KNOW THAT THE       2,692        

EMPLOYEE OR OTHER INDIVIDUAL IS NOT QUALIFIED BY TRAINING,         2,693        

EXPERIENCE, OR PROFESSIONAL LICENSURE TO PERFORM THE                            

RESPONSIBILITIES;                                                  2,694        

      (28)  DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES    2,696        

OF A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL IN A          2,697        

NEGLIGENT MANNER OR FAILING TO PROVIDE PROPER SUPERVISION OF THE   2,698        

EMPLOYEE OR OTHER INDIVIDUAL TO WHOM THE RESPONSIBILITIES ARE      2,699        

DELEGATED;                                                         2,700        

      (29)  FAILING TO REFER A PATIENT TO ANOTHER HEALTH CARE      2,702        

PRACTITIONER FOR CONSULTATION OR TREATMENT WHEN THE CHIROPRACTOR   2,703        

KNOWS OR HAS REASON TO KNOW THAT THE REFERRAL IS IN THE BEST       2,705        

INTEREST OF THE PATIENT;                                                        

      (30)  Obtaining OR ATTEMPTING TO OBTAIN any fee OR OTHER     2,708        

ADVANTAGE by fraud or misrepresentation;                           2,709        

      (8)(31)  MAKING MISLEADING, DECEPTIVE, FALSE, OR FRAUDULENT  2,712        

REPRESENTATIONS IN THE PRACTICE OF CHIROPRACTIC;                                

      (32)  Being guilty of false, fraudulent, DECEPTIVE, or       2,714        

misleading advertising or advertising the prices for which         2,716        

chiropractic services are available; OTHER SOLICITATIONS FOR       2,718        

PATIENTS or KNOWINGLY having professional connection with any      2,720        

individual, firm, or corporation PERSON that advertises contrary   2,722        

to division (A)(8) of this section;                                2,723        

      (9)  Subject to section 4734.091 of the Revised Code, the    2,725        

                                                          59     


                                                                 
violation OR SOLICITS FOR PATIENTS IN SUCH A MANNER;               2,726        

      (33)  VIOLATION of any A provision of the ANY code of        2,729        

ethics of the American chiropractic association or of another      2,731        

national professional organization as determined ESTABLISHED OR    2,732        

ADOPTED by rule of the board.  The board shall obtain and keep on  2,734        

file current copies of the codes of ethics of the national         2,735        

organizations.  A chiropractor whose certificate is being          2,736        

suspended or revoked shall not be found to have violated a code    2,739        

of ethics of an organization not appropriate to the                2,740        

chiropractor's profession.                                         2,741        

      (10)  Failure of UNDER SECTION 4734.16 OF THE REVISED CODE;  2,743        

      (34)  FAILING TO MEET the licensing examination              2,745        

REQUIREMENTS FOR RECEIPT OF A LICENSE SPECIFIED UNDER SECTION      2,746        

4734.20 OF THE REVISED CODE;                                       2,747        

      (11)(35)  ACTIONS TAKEN FOR ANY REASON, OTHER THAN           2,750        

NONPAYMENT OF FEES, BY THE CHIROPRACTIC LICENSING AUTHORITY OF     2,751        

ANOTHER STATE OR COUNTRY;                                                       

      (36)  FAILING TO MAINTAIN CLEAN AND SANITARY CONDITIONS AT   2,753        

THE CLINIC, OFFICE, OR OTHER PLACE IN WHICH CHIROPRACTIC SERVICES  2,755        

ARE PROVIDED;                                                                   

      (37)  EXCEPT AS PROVIDED IN DIVISION (G) OF THIS SECTION:    2,758        

      (a)  Waiving the payment of all or any part of a deductible  2,760        

or copayment that a patient, pursuant to a health insurance or     2,762        

health care policy, contract, or plan that covers the              2,763        

chiropractor's services, otherwise would be required to pay if     2,766        

the waiver is used as an enticement to a patient or group of                    

patients to receive health care services from that provider        2,768        

CHIROPRACTOR;                                                                   

      (12)(b)  Advertising that the chiropractor will waive the    2,771        

payment of all or any part of a deductible or copayment that a     2,773        

patient, pursuant to a health insurance or health care policy,     2,774        

contract, or plan that covers the chiropractor's services,         2,775        

otherwise would be required to pay.                                2,776        

      (B)  For the purpose of investigation of possible            2,778        

                                                          60     


                                                                 
violations of this section, the board may administer oaths, order  2,779        

the taking of depositions, issue subpoenas, and compel the         2,780        

attendance of witnesses and the production of books, accounts,     2,781        

papers, records, documents, and testimony.                         2,782        

      (C)  Notwithstanding divisions (A)(11) and (12) of this      2,784        

section, sanctions                                                 2,785        

      (D)  THE ADJUDICATION REQUIREMENTS OF CHAPTER 119. OF THE    2,787        

REVISED CODE APPLY TO THE BOARD WHEN TAKING ACTIONS AGAINST AN     2,788        

INDIVIDUAL UNDER THIS SECTION, EXCEPT AS FOLLOWS:                  2,790        

      (1)  AN APPLICANT IS NOT ENTITLED TO AN ADJUDICATION FOR     2,792        

FAILING TO MEET THE CONDITIONS SPECIFIED UNDER SECTION 4734.20 OF  2,794        

THE REVISED CODE FOR RECEIPT OF A LICENSE THAT INVOLVE THE         2,795        

BOARD'S EXAMINATION ON JURISPRUDENCE OR THE EXAMINATIONS OF THE    2,796        

NATIONAL BOARD OF CHIROPRACTIC EXAMINERS.                                       

      (2)  A PERSON IS NOT ENTITLED TO AN ADJUDICATION IF THE      2,798        

PERSON FAILS TO MAKE A TIMELY REQUEST FOR A HEARING, IN            2,799        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.                  2,800        

      (3)  IN LIEU OF AN ADJUDICATION, THE BOARD MAY ACCEPT THE    2,802        

SURRENDER OF A LICENSE FROM A CHIROPRACTOR.                        2,803        

      (4)  IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A  2,806        

CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF   2,807        

A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT.  A       2,808        

CONSENT AGREEMENT, WHEN RATIFIED BY THE BOARD, SHALL CONSTITUTE    2,810        

THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER     2,811        

ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES TO RATIFY A      2,812        

CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE    2,813        

CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT.                  2,814        

      (E)  THIS SECTION DOES NOT REQUIRE THE BOARD TO HIRE,        2,817        

CONTRACT WITH, OR RETAIN THE SERVICES OF AN EXPERT WITNESS WHEN    2,818        

THE BOARD TAKES ACTION AGAINST A CHIROPRACTOR CONCERNING           2,819        

COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE.  AS   2,820        

PART OF AN ACTION TAKEN CONCERNING COMPLIANCE WITH ACCEPTABLE AND               

PREVAILING STANDARDS OF CARE, THE BOARD MAY RELY ON THE KNOWLEDGE  2,822        

OF ITS MEMBERS FOR PURPOSES OF MAKING A DETERMINATION OF                        

                                                          61     


                                                                 
COMPLIANCE, NOTWITHSTANDING ANY EXPERT TESTIMONY PRESENTED BY THE  2,824        

CHIROPRACTOR THAT CONTRADICTS THE KNOWLEDGE AND OPINIONS OF THE    2,825        

MEMBERS OF THE BOARD.                                                           

      (F)  THE SEALING OF CONVICTION RECORDS BY A COURT SHALL      2,828        

HAVE NO EFFECT ON A PRIOR BOARD ORDER ENTERED UNDER THIS SECTION   2,829        

OR ON THE BOARD'S JURISDICTION TO TAKE ACTION UNDER THIS SECTION   2,830        

IF, BASED ON A PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A   2,831        

JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF        2,832        

CONVICTION, THE BOARD ISSUED A NOTICE OF OPPORTUNITY FOR A                      

HEARING PRIOR TO THE COURT'S ORDER TO SEAL THE RECORDS.  THE       2,833        

BOARD SHALL NOT BE REQUIRED TO SEAL, DESTROY, REDACT, OR           2,834        

OTHERWISE MODIFY ITS RECORDS TO REFLECT THE COURT'S SEALING OF     2,835        

CONVICTION RECORDS.                                                2,836        

      (G)  ACTIONS shall not be imposed TAKEN PURSUANT TO          2,839        

DIVISION (C)(37) OF THIS SECTION against any licensee              2,840        

CHIROPRACTOR who waives deductibles and copayments as follows:     2,843        

      (1)  In compliance with the health benefit plan that         2,845        

expressly allows a practice of that nature.  Waiver of the         2,846        

deductibles or copays COPAYMENTS shall be made only with the full  2,848        

knowledge and consent of the plan purchaser, payer, and                         

third-party administrator.  Documentation of the consent shall be  2,849        

made available to the board upon request.                          2,851        

      (2)  For professional services rendered to any other person  2,853        

licensed pursuant to this chapter, to the extent allowed by this   2,854        

chapter and the rules of the board.                                2,855        

      Sec. 4734.22 4734.311.  On receipt of a notice pursuant to   2,864        

section 2301.373 of the Revised Code, the STATE chiropractic       2,866        

examining board shall comply with that section with respect to a   2,868        

license issued pursuant to this chapter.                                        

      Sec. 4734.32.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION        2,871        

(A)(2) OF THIS SECTION, IF FORMAL DISCIPLINARY ACTION IS TAKEN     2,872        

AGAINST A CHIROPRACTOR BY ANY HEALTH CARE FACILITY, INCLUDING A    2,873        

CLINIC, HOSPITAL, OR SIMILAR FACILITY, THE CHIEF ADMINISTRATOR OR  2,874        

EXECUTIVE OFFICER OF THE FACILITY SHALL FILE A REPORT WITH THE     2,875        

                                                          62     


                                                                 
STATE CHIROPRACTIC BOARD NOT LATER THAN SIXTY DAYS AFTER THE       2,876        

DISCIPLINARY ACTION IS IMPOSED.  THE REPORT SHALL INCLUDE THE      2,877        

NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE FACILITY, AND A    2,878        

SUMMARY OF THE UNDERLYING FACTS LEADING TO THE ACTION TAKEN.  ON   2,879        

REQUEST, THE BOARD SHALL BE PROVIDED CERTIFIED COPIES OF THE       2,880        

PATIENT RECORDS THAT WERE THE BASIS FOR THE FACILITY'S ACTION.     2,882        

PRIOR TO RELEASE TO THE BOARD, THE SUMMARY SHALL BE APPROVED BY    2,883        

THE PEER REVIEW COMMITTEE THAT REVIEWED THE CASE OR BY THE         2,884        

GOVERNING BOARD OF THE FACILITY.                                                

      THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO     2,887        

FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR                 

ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A    2,889        

HEALTH CARE FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST A     2,890        

CHIROPRACTOR.                                                                   

      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       2,892        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  2,893        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     2,894        

      (2)  DISCIPLINARY ACTION TAKEN AGAINST A CHIROPRACTOR BY A   2,896        

CHIROPRACTIC CLINIC NEED NOT BE REPORTED TO THE BOARD IN EITHER    2,897        

OF THE FOLLOWING CIRCUMSTANCES:                                    2,898        

      (a)  THE CLINIC TAKES THE DISCIPLINARY ACTION FOR REASONS    2,900        

THAT DO NOT INVOLVE CLINICAL OR PATIENT CARE ISSUES.               2,901        

      (b)  THE CLINIC EMPLOYS FEWER THAN FIVE CHIROPRACTORS AND    2,903        

THE DISCIPLINARY ACTION TAKEN DOES NOT RISE ABOVE THE LEVEL OF A   2,904        

WRITTEN REPRIMAND.                                                 2,905        

      (B)  A CHIROPRACTOR OR PROFESSIONAL ASSOCIATION OR SOCIETY   2,907        

OF CHIROPRACTORS THAT BELIEVES A VIOLATION OF ANY PROVISION OF     2,909        

THIS CHAPTER OR RULE OF THE BOARD HAS OCCURRED SHALL REPORT TO     2,910        

THE BOARD THE INFORMATION UPON WHICH THE BELIEF IS BASED.  THIS    2,911        

DIVISION DOES NOT REQUIRE ANY TREATMENT PROVIDER APPROVED BY THE   2,913        

BOARD UNDER SECTION 4734.40 OF THE REVISED CODE OR ANY EMPLOYEE,                

AGENT, OR REPRESENTATIVE OF SUCH A PROVIDER TO MAKE REPORTS WITH   2,915        

RESPECT TO A CHIROPRACTOR PARTICIPATING IN TREATMENT OR AFTERCARE  2,916        

FOR SUBSTANCE ABUSE AS LONG AS THE CHIROPRACTOR MAINTAINS          2,917        

                                                          63     


                                                                 
PARTICIPATION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION       2,918        

4734.40 OF THE REVISED CODE AND THE TREATMENT PROVIDER OR                       

EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER HAS NO REASON   2,919        

TO BELIEVE THAT THE CHIROPRACTOR HAS VIOLATED ANY PROVISION OF     2,921        

THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED   2,922        

BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  THIS DIVISION DOES NOT    2,923        

REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER        2,924        

COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY          2,925        

REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A   2,926        

PROFESSIONAL ASSOCIATION OR SOCIETY OF CHIROPRACTORS TO PROVIDE                 

PEER ASSISTANCE TO CHIROPRACTORS WITH SUBSTANCE ABUSE PROBLEMS     2,927        

WITH RESPECT TO A CHIROPRACTOR WHO HAS BEEN REFERRED FOR           2,928        

EXAMINATION TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER     2,929        

SECTION 4734.40 OF THE REVISED CODE IF THE CHIROPRACTOR            2,931        

COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY          2,932        

DETERMINATION THAT THE CHIROPRACTOR SHOULD ENTER TREATMENT AND AS  2,933        

LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR AGENT HAS NO                   

REASON TO BELIEVE THAT THE CHIROPRACTOR HAS CEASED TO PARTICIPATE  2,935        

IN THE TREATMENT PROGRAM IN ACCORDANCE WITH SECTION 4734.40 OF     2,936        

THE REVISED CODE OR HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR  2,937        

RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY ALCOHOL,       2,938        

DRUGS, OR OTHER SUBSTANCES.                                                     

      (C)  ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED        2,940        

PRIMARILY OF CHIROPRACTORS THAT SUSPENDS OR REVOKES AN             2,941        

INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS, OR  2,943        

FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL                        

MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL       2,944        

REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE       2,945        

BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE         2,947        

PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS   2,948        

LEADING TO THE ACTION TAKEN.                                       2,949        

      THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT TO     2,952        

FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR    2,953        

ANY DISCIPLINARY ACTION TAKEN BY THE BOARD, SHALL NOT PRECLUDE A   2,954        

                                                          64     


                                                                 
PROFESSIONAL ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST  2,956        

A CHIROPRACTOR.                                                                 

      (D)  ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE  2,959        

TO ANY PERSON HOLDING A VALID LICENSE AS A CHIROPRACTOR OR ANY     2,960        

OTHER ENTITY THAT SEEKS TO INDEMNIFY THE PROFESSIONAL LIABILITY    2,961        

OF A CHIROPRACTOR SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER  2,962        

THE FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH  2,963        

DISPOSITION RESULTS IN A PAYMENT EXCEEDING TEN THOUSAND DOLLARS.   2,965        

THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:                             

      (1)  THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE       2,967        

NOTIFICATION;                                                      2,968        

      (2)  THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT  2,971        

OF THE CLAIM;                                                                   

      (3)  THE NAME OF THE PERSON FILING THE WRITTEN CLAIM;        2,973        

      (4)  THE DATE OF FINAL DISPOSITION;                          2,975        

      (5)  IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE   2,978        

FINAL DISPOSITION OF THE CLAIM TOOK PLACE.                                      

      (E)  THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS   2,981        

CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS                   

ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS        2,984        

SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF   2,985        

A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE.  AS USED IN    2,986        

THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS   2,987        

FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH         2,988        

RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TEN THOUSAND    2,989        

DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING TORTIOUS      2,990        

CONDUCT BY THE CHIROPRACTOR.                                       2,991        

      (F)  ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND        2,994        

MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN  2,995        

CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION   2,996        

IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING A       2,997        

CHIROPRACTOR OR HEALTH CARE FACILITY ARISING OUT OF MATTERS THAT   2,999        

ARE THE SUBJECT OF THE REPORTING REQUIRED BY THIS SECTION.  THE    3,000        

BOARD MAY USE THE INFORMATION OBTAINED ONLY AS THE BASIS FOR AN    3,002        

                                                          65     


                                                                 
INVESTIGATION, AS EVIDENCE IN A DISCIPLINARY HEARING AGAINST A     3,003        

CHIROPRACTOR, OR IN ANY SUBSEQUENT TRIAL OR APPEAL OF A BOARD      3,005        

ACTION OR ORDER.                                                                

      THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT          3,007        

RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY           3,008        

COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN       3,010        

CREDENTIALING OR RECREDENTIALING A CHIROPRACTOR OR REVIEWING THE   3,011        

CHIROPRACTOR'S PRIVILEGE TO PRACTICE WITHIN A PARTICULAR           3,012        

FACILITY.  THE BOARD SHALL INDICATE WHETHER OR NOT THE             3,013        

INFORMATION HAS BEEN VERIFIED.  INFORMATION TRANSMITTED BY THE     3,014        

BOARD SHALL BE SUBJECT TO THE SAME CONFIDENTIALITY PROVISIONS AS   3,015        

WHEN MAINTAINED BY THE BOARD.                                                   

      (G)  EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO   3,018        

DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY   3,019        

REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE   3,020        

CHIROPRACTOR.  THE CHIROPRACTOR SHALL HAVE THE RIGHT TO FILE A     3,021        

STATEMENT WITH THE BOARD CONCERNING THE CORRECTNESS OR RELEVANCE   3,022        

OF THE INFORMATION.  THE STATEMENT SHALL AT ALL TIMES ACCOMPANY    3,024        

THAT PART OF THE RECORD IN CONTENTION.                             3,025        

      (H)  AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR    3,028        

REFERS AN IMPAIRED CHIROPRACTOR TO A TREATMENT PROVIDER APPROVED   3,030        

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,    3,031        

REFERRAL, OR PROVISION OF THE INFORMATION.                         3,032        

      (I)  IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL    3,035        

ASSOCIATION OR SOCIETY OF CHIROPRACTORS THAT SPONSORS A COMMITTEE  3,036        

OR PROGRAM TO PROVIDE PEER ASSISTANCE TO A CHIROPRACTOR WITH                    

SUBSTANCE ABUSE PROBLEMS, A REPRESENTATIVE OR AGENT OF SUCH A      3,038        

COMMITTEE OR PROGRAM, AND A MEMBER OF THE STATE CHIROPRACTIC       3,039        

BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON BY REASON  3,040        

OF ACTIONS TAKEN TO REFER A CHIROPRACTOR TO A TREATMENT PROVIDER   3,041        

APPROVED UNDER SECTION 4734.40 OF THE REVISED CODE FOR                          

EXAMINATION OR TREATMENT.                                                       

      Sec. 4734.12 4734.34.  Before restoring AN INDIVIDUAL        3,051        

                                                          66     


                                                                 
SUBJECT TO AN ACTION TAKEN UNDER SECTION 4734.31 OF THE REVISED    3,052        

CODE, OTHER THAN PERMANENT REVOCATION OF A LICENSE, MAY APPLY TO   3,053        

THE STATE CHIROPRACTIC BOARD TO HAVE THE INDIVIDUAL'S LICENSE      3,054        

RESTORED to a good standing a certificate issued under Chapter     3,057        

4734. of the Revised Code which has been suspended for any cause   3,058        

for more than two years, the chiropractic examining.  THE BOARD    3,059        

SHALL CONSIDER THE MORAL CHARACTER AND THE ACTIVITIES OF THE       3,061        

APPLICANT SINCE THE BOARD'S ACTION WAS TAKEN, IN ACCORDANCE WITH   3,062        

THE STANDARDS FOR ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION  3,063        

4734.20 OF THE REVISED CODE.  THE board may require the applicant  3,067        

to pass an oral and written examination, but under no              3,068        

circumstances shall an applicant take only an oral exam, to        3,069        

determine his present fitness to resume practice.                  3,071        

      The authority of the board to impose terms and conditions    3,073        

includes ON RESTORATION OF THE LICENSE BY DOING ANY OF the         3,074        

following:                                                         3,075        

      (A)  Requiring the applicant to obtain training and, WHICH   3,077        

MAY INCLUDE REQUIRING THE APPLICANT to pass an examination upon    3,078        

completion of such THE training;                                   3,079        

      (B)  REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN      3,082        

EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE;     3,083        

      (C)  Restricting or limiting the extent, scope, or type of   3,085        

practice of the applicant.                                         3,087        

      The board shall consider the moral character and the         3,089        

activities of the applicant during the period of suspension or     3,090        

inactivity, in accordance with this chapter.                       3,092        

      Sec. 4734.35.  (A)  AS USED IN THIS SECTION, "PROSECUTOR"    3,095        

HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.    3,096        

      (B)  THE PROSECUTOR IN ANY CASE AGAINST ANY CHIROPRACTOR     3,099        

HOLDING A VALID LICENSE ISSUED UNDER THIS CHAPTER SHALL PROMPTLY   3,100        

NOTIFY THE STATE CHIROPRACTIC BOARD OF ANY OF THE FOLLOWING:       3,101        

      (1)  A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY    3,104        

OR COURT OF, A FELONY, OR A CASE IN WHICH THE TRIAL COURT ISSUES                

AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A    3,106        

                                                          67     


                                                                 
FELONY CHARGE;                                                     3,107        

      (2)  A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY    3,110        

OR COURT OF, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE,                 

OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL    3,112        

UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A              3,113        

MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF     3,114        

PRACTICE;                                                                       

      (3)  A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY    3,117        

OR COURT OF, A MISDEMEANOR INVOLVING MORAL TURPITUDE, OR A CASE                 

IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON         3,118        

TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR       3,119        

INVOLVING MORAL TURPITUDE.                                         3,120        

      (C)  THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE    3,122        

CHIROPRACTOR, THE NATURE OF THE OFFENSE FOR WHICH THE ACTION WAS   3,124        

TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE ACTION.     3,125        

THE BOARD MAY PRESCRIBE AND PROVIDE FORMS FOR PROSECUTORS TO MAKE               

REPORTS UNDER THIS SECTION.  THE FORM MAY BE THE SAME AS THE FORM  3,126        

REQUIRED TO BE PROVIDED UNDER SECTION 2929.24 OF THE REVISED       3,127        

CODE.                                                                           

      Sec. 4734.36.  A CHIROPRACTOR WHO IN THIS STATE PLEADS       3,130        

GUILTY TO OR IS CONVICTED OF AGGRAVATED MURDER, MURDER, VOLUNTARY  3,131        

MANSLAUGHTER, FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL          3,132        

BATTERY, GROSS SEXUAL IMPOSITION, AGGRAVATED ARSON, AGGRAVATED     3,133        

ROBBERY, OR AGGRAVATED BURGLARY, OR WHO IN ANOTHER JURISDICTION    3,134        

PLEADS GUILTY TO OR IS CONVICTED OF ANY SUBSTANTIALLY EQUIVALENT   3,135        

CRIMINAL OFFENSE, IS AUTOMATICALLY SUSPENDED FROM PRACTICE IN      3,136        

THIS STATE AND THE LICENSE ISSUED UNDER THIS CHAPTER IS            3,138        

AUTOMATICALLY SUSPENDED AS OF THE DATE OF THE GUILTY PLEA OR                    

CONVICTION.  CONTINUED PRACTICE AFTER SUSPENSION UNDER THIS        3,139        

SECTION SHALL BE CONSIDERED PRACTICING CHIROPRACTIC WITHOUT A      3,140        

LICENSE.  ON RECEIVING NOTICE OR OTHERWISE BECOMING AWARE OF THE   3,141        

CONVICTION, THE STATE CHIROPRACTIC BOARD SHALL NOTIFY THE          3,142        

INDIVIDUAL OF THE SUSPENSION UNDER THIS SECTION BY CERTIFIED MAIL  3,143        

OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF THE REVISED      3,144        

                                                          68     


                                                                 
CODE.  IF AN INDIVIDUAL WHOSE LICENSE IS SUSPENDED UNDER THIS      3,145        

SECTION FAILS TO MAKE A TIMELY REQUEST FOR AN ADJUDICATION, THE    3,146        

BOARD SHALL ENTER A FINAL ORDER REVOKING THE INDIVIDUAL'S          3,147        

LICENSE.                                                                        

      Sec. 4734.101 4734.37.  If the STATE chiropractic examining  3,157        

board determines that there is clear and convincing evidence that  3,158        

a person who has been granted a certificate LICENSE under this     3,159        

chapter has committed an act that subjects his THE PERSON'S                     

license to board action under section 4734.10 4734.31 of the       3,161        

Revised Code and that the certificate holder's PERSON'S continued  3,162        

practice presents a danger of immediate and serious harm to the    3,164        

public, the board may suspend the certificate LICENSE without a    3,165        

prior hearing.  A telephone conference call may be utilized for    3,166        

reviewing the matter and taking the vote.                                       

      The board shall issue a written order of suspension by       3,168        

certified mail or in person in accordance with section 119.07 of   3,169        

the Revised Code.  The order is not subject to suspension by the   3,170        

court during pendency of any appeal filed under section 119.12 of  3,171        

the Revised Code.  If the certificate holder PERSON SUBJECT TO     3,172        

THE SUSPENSION requests an adjudicatory hearing ADJUDICATION by    3,173        

the board, the date set for the hearing ADJUDICATION shall be      3,174        

within fifteen TWENTY days, but not earlier than seven days,       3,175        

after the request, unless otherwise agreed to by both the board    3,176        

and the certificate holder PERSON SUBJECT TO THE SUSPENSION.       3,177        

      Any summary suspension imposed under this section shall      3,179        

remain in effect, unless reversed on appeal, until a final         3,180        

adjudicative order issued by the board pursuant to section         3,181        

4734.10 4734.31 and Chapter 119. of the Revised Code becomes       3,182        

effective.  The board shall issue its final adjudicative order     3,183        

within sixty days after completion of its hearing ADJUDICATION.    3,184        

A failure to issue the order within sixty days shall result in     3,186        

dissolution of the summary suspension order but shall not          3,187        

invalidate any subsequent, final adjudicative order.               3,188        

      Sec. 4734.11 4734.38.  If any person who has been granted a  3,197        

                                                          69     


                                                                 
certificate LICENSE under Chapter 4734. of the Revised Code THIS   3,199        

CHAPTER is adjudicated incompetent for the purpose of holding the  3,202        

certificate, as provided in section 5122.301 of the Revised Code,               

his certificate ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR  3,204        

MENTALLY INCOMPETENT, THE PERSON'S LICENSE shall be automatically  3,205        

suspended until such THE person has filed with the STATE           3,207        

chiropractic examining board a certified copy of an adjudication   3,208        

by a probate court of his subsequent restoration BEING RESTORED    3,209        

to competency or has submitted to such THE board proof,            3,211        

satisfactory to the board, that he has OF HAVING been discharged   3,212        

as having a restoration BEING RESTORED to competency in the        3,213        

manner and form provided in section 5122.38 of the Revised Code.   3,214        

The judge of such THE court shall forthwith notify the board of    3,216        

an adjudication of MENTAL ILLNESS OR MENTAL incompetence, and      3,217        

shall note any suspension of a certificate in the margin of the    3,218        

court's record of such certificate.                                3,219        

      Sec. 4734.39.  (A)  FOR PURPOSES OF THE STATE CHIROPRACTIC   3,221        

BOARD'S ENFORCEMENT OF DIVISION (C)(16) OR (17) OF SECTION         3,222        

4734.31 OF THE REVISED CODE, AN INDIVIDUAL WHO APPLIES FOR OR      3,224        

RECEIVES A LICENSE UNDER THIS CHAPTER ACCEPTS THE PRIVILEGE OF     3,225        

PRACTICING CHIROPRACTIC IN THIS STATE AND, BY SO DOING, SHALL BE   3,227        

DEEMED TO HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL     3,229        

EXAMINATION WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD IN ITS  3,230        

ENFORCEMENT OF THOSE DIVISIONS, AND TO HAVE WAIVED ALL OBJECTIONS               

TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION REPORTS THAT      3,232        

CONSTITUTE A PRIVILEGED COMMUNICATION.                             3,233        

      (B)  IF THE BOARD HAS REASON TO BELIEVE THAT A CHIROPRACTOR  3,235        

OR APPLICANT SUFFERS AN IMPAIRMENT DESCRIBED IN DIVISION (C)(16)   3,236        

OR (17) OF SECTION 4734.31 OF THE REVISED CODE, THE BOARD MAY      3,238        

COMPEL THE INDIVIDUAL TO SUBMIT TO A MENTAL OR PHYSICAL                         

EXAMINATION, OR BOTH.  THE EXPENSE OF THE EXAMINATION IS THE       3,239        

RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED.  ANY    3,241        

MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER THIS SECTION SHALL   3,242        

BE UNDERTAKEN BY A PROVIDER WHO IS QUALIFIED TO CONDUCT THE        3,244        

                                                          70     


                                                                 
EXAMINATION AND WHO IS CHOSEN BY THE BOARD.                        3,245        

      FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION        3,248        

ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS   3,249        

AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES  3,250        

BEYOND THE INDIVIDUAL'S CONTROL.  A DEFAULT AND FINAL ORDER MAY    3,251        

BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF      3,252        

EVIDENCE.                                                                       

      IF THE BOARD DETERMINES THAT AN INDIVIDUAL'S ABILITY TO      3,255        

PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S     3,256        

LICENSE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL REQUIRE     3,257        

THE INDIVIDUAL, AS A CONDITION FOR INITIAL, CONTINUED,             3,258        

REINSTATED, RESTORED, OR RENEWED CERTIFICATION TO PRACTICE, TO     3,259        

SUBMIT TO CARE, COUNSELING, OR TREATMENT.                          3,260        

      (C)  BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A   3,262        

LICENSE SUSPENDED UNDER DIVISION (C)(16) OF SECTION 4734.31 OF     3,263        

THE REVISED CODE OR THE CHEMICAL DEPENDENCY PROVISIONS OF          3,264        

DIVISION (C)(17) OF SECTION 4731.34 OF THE REVISED CODE, THE       3,265        

IMPAIRED INDIVIDUAL SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO  3,268        

RESUME PRACTICE IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING       3,269        

STANDARDS OF CARE IN THE PRACTICE OF CHIROPRACTIC.  IF RULES HAVE  3,270        

BEEN ADOPTED UNDER SECTION 4734.40 OF THE REVISED CODE, THE        3,271        

DEMONSTRATION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE      3,272        

FOLLOWING:                                                                      

      (1)  CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER  3,274        

SECTION 4734.40 OF THE REVISED CODE THAT THE INDIVIDUAL HAS        3,276        

SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT;           3,277        

      (2)  EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN          3,279        

AFTERCARE CONTRACT OR CONSENT AGREEMENT;                           3,280        

      (3)  TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S    3,282        

ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS  3,283        

BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND       3,284        

PREVAILING STANDARDS OF CARE.  THE REPORTS SHALL BE MADE BY        3,285        

INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING THE      3,286        

ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION.  3,287        

                                                          71     


                                                                 
      THE BOARD MAY REINSTATE A LICENSE SUSPENDED UNDER THIS       3,290        

DIVISION AFTER THAT DEMONSTRATION AND AFTER THE INDIVIDUAL HAS     3,291        

ENTERED INTO A WRITTEN CONSENT AGREEMENT.                          3,292        

      WHEN THE IMPAIRED INDIVIDUAL RESUMES PRACTICE, THE BOARD     3,294        

SHALL REQUIRE CONTINUED MONITORING OF THE INDIVIDUAL.  THE         3,296        

MONITORING SHALL INCLUDE, BUT NOT BE LIMITED TO, COMPLIANCE WITH   3,298        

THE WRITTEN CONSENT AGREEMENT ENTERED INTO BEFORE REINSTATEMENT    3,299        

OR WITH CONDITIONS IMPOSED BY BOARD ORDER AFTER A HEARING, AND,    3,300        

UPON TERMINATION OF THE CONSENT AGREEMENT, SUBMISSION TO THE       3,301        

BOARD FOR AT LEAST TWO YEARS OF ANNUAL WRITTEN PROGRESS REPORTS    3,302        

MADE UNDER PENALTY OF PERJURY STATING WHETHER THE INDIVIDUAL HAS   3,303        

MAINTAINED SOBRIETY.                                               3,304        

      Sec. 4734.40.  (A)  THE STATE CHIROPRACTIC BOARD MAY ADOPT   3,306        

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE          3,307        

ESTABLISHING STANDARDS FOR APPROVING TREATMENT PROVIDERS FOR       3,308        

IMPAIRED CHIROPRACTORS.  IF RULES ARE ADOPTED, THE RULES SHALL     3,309        

INCLUDE STANDARDS FOR BOTH INPATIENT AND OUTPATIENT TREATMENT.     3,310        

THE RULES SHALL PROVIDE THAT TO BE APPROVED, A TREATMENT PROVIDER  3,311        

MUST BE CAPABLE OF MAKING AN INITIAL EXAMINATION TO DETERMINE THE  3,312        

TYPE OF TREATMENT AN IMPAIRED CHIROPRACTOR REQUIRES AND MUST BE    3,314        

CAPABLE OF ADHERING TO GUIDELINES THE BOARD CONSIDERS APPROPRIATE  3,315        

FOR ASSESSMENT AND REFERRAL OF IMPAIRED CHIROPRACTORS.  THE BOARD  3,318        

SHALL REVIEW TREATMENT PROVIDERS ON A REGULAR BASIS AND DESIGNATE  3,319        

THOSE PROVIDERS THAT MEET THE STANDARDS FOR APPROVAL.  THE BOARD   3,320        

MAY DENY OR WITHDRAW ITS APPROVAL IF IT FINDS THAT THE TREATMENT   3,321        

PROVIDER BEING REVIEWED DOES NOT MEET OR NO LONGER MEETS THE       3,322        

STANDARDS FOR APPROVAL.                                                         

      (B)  A CHIROPRACTOR WHO ENTERS INTO TREATMENT BY AN          3,326        

APPROVED TREATMENT PROVIDER SHALL BE DEEMED TO HAVE WAIVED ANY     3,327        

CONFIDENTIALITY REQUIREMENTS THAT WOULD OTHERWISE PREVENT THE      3,328        

TREATMENT PROVIDER FROM MAKING REPORTS REQUIRED UNDER THIS         3,329        

SECTION.                                                                        

      Sec. 4734.41.  (A)  AS USED IN THIS SECTION:                 3,331        

      (1)  "CHEMICAL DEPENDENCY" MEANS EITHER OF THE FOLLOWING:    3,333        

                                                          72     


                                                                 
      (a)  THE CHRONIC AND HABITUAL USE OF ALCOHOLIC BEVERAGES TO  3,335        

THE EXTENT THAT THE USER NO LONGER CAN CONTROL THE USE OF ALCOHOL  3,337        

OR ENDANGERS THE USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF      3,338        

OTHERS;                                                                         

      (b)  THE USE OF A CONTROLLED SUBSTANCE AS DEFINED IN         3,340        

SECTION 3719.01 OF THE REVISED CODE, A HARMFUL INTOXICANT AS       3,341        

DEFINED IN SECTION 2925.01 OF THE REVISED CODE, OR A DANGEROUS     3,342        

DRUG AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE, TO THE     3,343        

EXTENT THAT THE USER BECOMES PHYSICALLY OR PSYCHOLOGICALLY                      

DEPENDENT ON THE SUBSTANCE, INTOXICANT, OR DRUG OR ENDANGERS THE   3,344        

USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF OTHERS.               3,345        

      (2)  "MENTAL ILLNESS" MEANS A RECOGNIZED PSYCHIATRIC OR      3,347        

PSYCHOLOGICAL CONDITION, DISORDER, OR SYNDROME THAT HAS BEEN       3,348        

DIAGNOSED BY A PSYCHIATRIST, PSYCHOLOGIST, PROFESSIONAL CLINICAL   3,349        

COUNSELOR, OR INDEPENDENT SOCIAL WORKER AS A CONDITION, DISORDER,  3,351        

OR SYNDROME THAT MAY POSE A DANGER TO THE PERSON DIAGNOSED OR      3,352        

OTHERS OR MAY PREVENT THE PERSON FROM PRACTICING THE PERSON'S      3,353        

PROFESSION ACCORDING TO ACCEPTABLE AND PREVAILING STANDARDS OF     3,354        

CARE.                                                                           

      (B)  THE STATE CHIROPRACTIC BOARD SHALL ESTABLISH A          3,356        

CHEMICAL DEPENDENCY AND MENTAL ILLNESS MONITORING PROGRAM.  THE    3,358        

PROGRAM SHALL BE MADE AVAILABLE TO ANY INDIVIDUAL UNDER THE        3,359        

BOARD'S JURISDICTION WHO HAS A CHEMICAL DEPENDENCY OR MENTAL       3,361        

ILLNESS AND MEETS THE BOARD'S ELIGIBILITY REQUIREMENTS FOR         3,363        

ADMISSION TO AND CONTINUED PARTICIPATION IN THE PROGRAM.  THE      3,364        

BOARD SHALL DEVELOP THE PROGRAM AND MAY DESIGNATE A COORDINATOR    3,365        

TO ADMINISTER IT OR ENTER INTO A CONTRACT FOR THE PROGRAM TO BE    3,366        

ADMINISTERED BY ANOTHER ENTITY THROUGH A COORDINATOR.  THE BOARD   3,367        

SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED   3,368        

CODE THAT ESTABLISH STANDARDS AND PROCEDURE FOR OPERATING THE      3,369        

PROGRAM.                                                                        

      (C)  EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION,     3,372        

ALL RECORDS OF AN INDIVIDUAL'S PARTICIPATION IN THE MONITORING     3,373        

PROGRAM, INCLUDING MEDICAL RECORDS, CHEMICAL DEPENDENCY RECORDS,   3,374        

                                                          73     


                                                                 
AND MENTAL HEALTH RECORDS, SHALL BE CONFIDENTIAL, ARE NOT PUBLIC   3,376        

RECORDS FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE,                 

AND ARE NOT SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS      3,377        

EVIDENCE IN ANY JUDICIAL PROCEEDING.  THE PROGRAM COORDINATOR      3,379        

SHALL MAINTAIN ALL RECORDS AS DIRECTED BY THE BOARD.               3,380        

      (D)  THE MONITORING PROGRAM'S COORDINATOR MAY DISCLOSE       3,382        

RECORDS OR INFORMATION REGARDING AN INDIVIDUAL'S PROGRESS AND      3,383        

STATUS OF PARTICIPATION IN THE PROGRAM TO THE DISCIPLINARY         3,386        

SECTION OF THE BOARD AND TO ANY PERSON OR GOVERNMENT ENTITY THAT   3,387        

THE PROGRAM PARTICIPANT AUTHORIZES IN WRITING TO BE GIVEN THE      3,388        

RECORDS OR INFORMATION.                                                         

      IN DISCLOSING RECORDS OR INFORMATION UNDER THIS DIVISION,    3,390        

THE COORDINATOR SHALL NOT INCLUDE ANY RECORD OR INFORMATION THAT   3,391        

IS PROTECTED UNDER SECTION 3793.13 OF THE REVISED CODE OR ANY      3,392        

FEDERAL STATUTE OR REGULATION THAT PROVIDES FOR THE                3,394        

CONFIDENTIALITY OF MENTAL HEALTH OR SUBSTANCE ABUSE RECORDS.       3,396        

      (E)  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE MONITORING    3,398        

PROGRAM'S COORDINATOR, THE BOARD AND THE BOARD'S EMPLOYEES AND     3,399        

REPRESENTATIVES ARE NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS  3,401        

A RESULT OF DISCLOSING RECORDS OR INFORMATION IN ACCORDANCE WITH   3,403        

DIVISION (D) OF THIS SECTION.  IN THE ABSENCE OF FRAUD OR BAD      3,404        

FAITH, ANY PERSON REPORTING TO THE PROGRAM AN INDIVIDUAL'S         3,405        

CHEMICAL DEPENDENCY OR MENTAL ILLNESS, OR THE PROGRESS OR LACK OF  3,407        

PROGRESS OF THAT INDIVIDUAL WITH REGARD TO TREATMENT, IS NOT       3,408        

LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS A RESULT OF THE REPORT.  3,410        

      (F)  THE BOARD MAY ABSTAIN FROM TAKING FORMAL DISCIPLINARY   3,412        

ACTION UNDER SECTION 4734.31 OF THE REVISED CODE AGAINST AN        3,413        

INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S CHEMICAL DEPENDENCY OR      3,414        

MENTAL ILLNESS, IF THE INDIVIDUAL MEETS THE ELIGIBILITY            3,415        

REQUIREMENTS FOR ADMISSION INTO THE MONITORING PROGRAM AND ALL OF  3,416        

THE FOLLOWING OCCUR:                                               3,417        

      (1)  THE INDIVIDUAL ENTERS INTO A MONITORING AGREEMENT WITH  3,419        

THE COORDINATOR OF THE PROGRAM;                                    3,420        

      (2)  THE INDIVIDUAL COMPLIES WITH THE TERMS AND CONDITIONS   3,422        

                                                          74     


                                                                 
FOR CONTINUED PARTICIPATION IN THE PROGRAM, AS SPECIFIED IN THE    3,423        

MONITORING AGREEMENT;                                              3,424        

      (3)  THE INDIVIDUAL SUCCESSFULLY COMPLETES THE TERMS AND     3,426        

CONDITIONS OF THE MONITORING AGREEMENT, INCLUDING THE CONDITION    3,427        

THAT THE INDIVIDUAL ATTAIN THE ABILITY TO PRACTICE IN ACCORDANCE   3,428        

WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE APPLICABLE TO     3,429        

THE PRACTICE OF CHIROPRACTIC.                                      3,430        

      Sec. 4734.42.  PURSUANT TO THE STATE CHIROPRACTIC BOARD'S    3,432        

INVESTIGATIVE AUTHORITY ESTABLISHED UNDER THIS CHAPTER, THE BOARD  3,433        

SHALL DEVELOP AND IMPLEMENT A QUALITY INTERVENTION PROGRAM         3,435        

DESIGNED TO IMPROVE THE PRACTICE AND COMMUNICATION SKILLS OF       3,436        

INDIVIDUALS AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER THIS         3,437        

CHAPTER.  IN DEVELOPING AND IMPLEMENTING THE QUALITY INTERVENTION  3,438        

PROGRAM, THE BOARD SHALL DO ALL OF THE FOLLOWING:                  3,439        

      (A)  OFFER IN APPROPRIATE CASES AS DETERMINED BY THE BOARD   3,441        

AN EDUCATIONAL AND ASSESSMENT PROGRAM PURSUANT TO AN               3,442        

INVESTIGATION THE BOARD CONDUCTS UNDER THIS SECTION;               3,443        

      (B)  SELECT PROVIDERS OF EDUCATIONAL AND ASSESSMENT          3,445        

SERVICES, INCLUDING A QUALITY INTERVENTION PROGRAM PANEL OF CASE   3,446        

REVIEWERS;                                                                      

      (C)  MAKE REFERRALS TO EDUCATIONAL AND ASSESSMENT SERVICE    3,448        

PROVIDERS AND APPROVE INDIVIDUAL EDUCATIONAL PROGRAMS RECOMMENDED  3,450        

BY THOSE PROVIDERS.  THE BOARD SHALL MONITOR THE PROGRESS OF EACH  3,451        

INDIVIDUAL UNDERTAKING A RECOMMENDED INDIVIDUAL EDUCATION          3,452        

PROGRAM;                                                                        

      (D)  DETERMINE WHAT CONSTITUTES SUCCESSFUL COMPLETION OF AN  3,454        

INDIVIDUAL EDUCATION PROGRAM AND REQUIRE FURTHER MONITORING OF     3,455        

THE INDIVIDUAL WHO COMPLETED THE PROGRAM OR OTHER ACTION THE       3,456        

BOARD DETERMINES TO BE APPROPRIATE;                                3,457        

      (E)  ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE      3,460        

REVISED CODE ESTABLISHING STANDARDS AND PROCEDURES FOR             3,461        

IMPLEMENTING THE QUALITY INTERVENTION PROGRAM.                                  

      Sec. 4734.14 4734.45.  If any person makes an accusation     3,470        

against any licensee under this section, it shall be reduced to    3,472        

                                                          75     


                                                                 
writing, verified by some person familiar with the facts and       3,473        

three copies filed with the secretary of the (A)  THE STATE        3,474        

chiropractic examining board.  If the board considers the charges  3,475        

made are sufficient, if true, to warrant suspension or revocation  3,476        

of license, it shall proceed with an adjudication hearing under    3,477        

the procedures of Chapter 119. SHALL INVESTIGATE EVIDENCE THAT     3,478        

APPEARS TO SHOW THAT A PERSON HAS VIOLATED ANY PROVISION OF THIS   3,479        

CHAPTER OR THE RULES ADOPTED UNDER IT.  ANY PERSON MAY REPORT TO   3,480        

THE BOARD IN WRITING OR BY OTHER MEANS ANY INFORMATION THE PERSON  3,482        

HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF THIS      3,483        

CHAPTER OR THE RULES ADOPTED UNDER IT.  IN THE ABSENCE OF BAD                   

FAITH, A PERSON WHO REPORTS TO THE BOARD, COOPERATES IN AN         3,485        

INVESTIGATION, OR TESTIFIES BEFORE THE BOARD IN AN ADJUDICATION    3,487        

SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A RESULT OF REPORTING,    3,488        

COOPERATING, OR PROVIDING TESTIMONY.                                            

      (B)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        3,490        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  3,491        

CIVIL ACTION, EXCEPT THAT FOR GOOD CAUSE, THE BOARD OR ITS         3,492        

EXECUTIVE DIRECTOR MAY DISCLOSE OR AUTHORIZE DISCLOSURE OF         3,493        

INFORMATION GATHERED PURSUANT TO AN INVESTIGATION.                 3,494        

      THE BOARD AND ITS EMPLOYEES MAY SHARE APPROPRIATE            3,497        

INFORMATION IN THE BOARD'S POSSESSION WITH ANY FEDERAL, STATE, OR  3,498        

LOCAL LAW ENFORCEMENT, PROSECUTORIAL, OR REGULATORY AGENCY OR ITS  3,499        

OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION.  THE BOARD AND    3,501        

ITS EMPLOYEES MAY COOPERATE IN ANY OTHER MANNER WITH THE AGENCY    3,502        

OR ITS OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION.                         

      AN AGENCY THAT RECEIVES CONFIDENTIAL INFORMATION SHALL       3,504        

COMPLY WITH THE SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS     3,505        

THOSE WITH WHICH THE BOARD MUST COMPLY, NOTWITHSTANDING ANY        3,506        

CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE      3,507        

AGENCY THAT APPLIES WHEN THE AGENCY IS DEALING WITH OTHER          3,508        

INFORMATION IN ITS POSSESSION.  THE INFORMATION MAY BE ADMITTED    3,509        

INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF  3,510        

EVIDENCE, OR IN AN ADMINISTRATIVE HEARING CONDUCTED BY AN AGENCY,  3,511        

                                                          76     


                                                                 
BUT THE COURT OR AGENCY SHALL REQUIRE THAT APPROPRIATE MEASURES    3,512        

BE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED WITH         3,513        

RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES OR      3,514        

OTHER IDENTIFYING INFORMATION ABOUT PATIENTS, COMPLAINANTS, OR     3,515        

OTHERS WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE                         

CHIROPRACTIC BOARD WHEN THE INFORMATION WAS IN THE BOARD'S         3,517        

POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY THAT MAY BE TAKEN  3,518        

BY THE COURT OR AGENCY INCLUDE SEALING ITS RECORDS OR REDACTING    3,519        

SPECIFIC INFORMATION FROM ITS RECORDS.                             3,520        

      (C)  ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE   3,522        

CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 of   3,524        

the Revised Code.                                                               

      Sec. 4734.13 4734.46.  Any investigation, inquiry, or        3,533        

hearing, which ALL OF THE FOLLOWING APPLY TO THE INVESTIGATIONS,   3,535        

INQUIRIES, AND HEARINGS THAT the STATE chiropractic examining      3,538        

board is empowered to hold or undertake:                                        

      (A)  AN INVESTIGATION, INQUIRY, OR HEARING may be held or    3,540        

undertaken by or before any member of the board, and the finding.  3,542        

      (B)  THE BOARD MAY APPOINT AN EXAMINER WHO IS AN ATTORNEY    3,544        

TO CONDUCT AN INVESTIGATION, INQUIRY, OR HEARING.  THE FINDINGS    3,548        

or order of such THE HEARING EXAMINER OR A member WHO HOLDS OR     3,549        

UNDERTAKES AN INVESTIGATION, INQUIRY, OR HEARING shall be deemed   3,550        

to be the FINDINGS OR order of the board when approved and         3,551        

confirmed by it.                                                   3,552        

      (C)  THE BOARD SHALL ADOPT STANDARDS OF CONDUCT FOR THE      3,555        

ATTORNEYS AND OTHER PERSONS WHO PRACTICE BEFORE THE BOARD AT ITS   3,556        

HEARINGS.                                                                       

      (D)  FOLLOWING AN INQUIRY, THE BOARD MAY, IN CASES IT        3,559        

CONSIDERS APPROPRIATE, ISSUE A "LETTER OF ADMONITION" OR A         3,560        

"LETTER OF CAUTION."  ISSUANCE OF A LETTER UNDER THIS DIVISION IS  3,562        

NOT AN ACTION TAKEN IN ADDITION TO OR IN LIEU OF TAKING ACTION     3,563        

UNDER SECTION 4734.31 OF THE REVISED CODE AND IS NOT SUBJECT TO    3,564        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE.  THE       3,565        

LETTER SHALL NOT BE USED BY AN EMPLOYER, INSURER, OR ANY OTHER     3,566        

                                                          77     


                                                                 
PERSON OR GOVERNMENT ENTITY AS THE BASIS OF AN ADVERSE ACTION      3,567        

AGAINST THE RECIPIENT.                                                          

      Sec. 4734.15 4734.47.  (A)  The secretary EXECUTIVE          3,577        

DIRECTOR of the STATE chiropractic examining board shall FUNCTION  3,579        

AS THE CHIEF ENFORCEMENT OFFICER OF THE BOARD AND SHALL enforce    3,580        

the laws relating to the practice of chiropractic.  If he THE      3,581        

EXECUTIVE DIRECTOR has knowledge or notice of a violation OF       3,583        

THOSE LAWS, he THE EXECUTIVE DIRECTOR shall investigate the        3,585        

matter, and, upon OR CAUSE THE MATTER TO BE INVESTIGATED.  ON      3,586        

probable cause appearing, THE EXECUTIVE DIRECTOR SHALL PROSECUTE   3,588        

THE OFFENDER OR CAUSE THE OFFENDER TO BE PROSECUTED.  IF THE       3,589        

MATTER INVOLVES A VIOLATION BY AN INDIVIDUAL LICENSED UNDER THIS   3,590        

CHAPTER, THE EXECUTIVE DIRECTOR SHALL BRING THE MATTER BEFORE THE  3,591        

BOARD.  IF THE MATTER INVOLVES A VIOLATION FOR WHICH A PENALTY     3,592        

MAY BE IMPOSED UNDER SECTION 4734.99 OF THE REVISED CODE, THE      3,593        

EXECUTIVE DIRECTOR OR A PERSON AUTHORIZED BY THE BOARD TO                       

REPRESENT THE EXECUTIVE DIRECTOR MAY file a complaint and          3,594        

prosecute the offender.  When requested by the secretary, WITH     3,596        

the prosecuting attorney of the proper county.  EXCEPT AS          3,597        

PROVIDED IN DIVISION (B) OF THIS SECTION, THE PROSECUTING          3,598        

ATTORNEY shall take charge of and conduct such THE prosecution.    3,599        

      (B)  FOR PURPOSES OF ENFORCING THIS CHAPTER, THE BOARD MAY   3,602        

PETITION A COURT OF RECORD TO APPOINT AN ATTORNEY TO ASSIST THE    3,604        

PROSECUTING ATTORNEY IN THE PROSECUTION OF OFFENDERS OR TO TAKE    3,605        

CHARGE OF AND CONDUCT THE PROSECUTIONS AS A SPECIAL PROSECUTOR.    3,606        

THE COURT SHALL GRANT THE PETITION IF IT IS IN THE PUBLIC          3,607        

INTEREST.  A SPECIAL PROSECUTOR APPOINTED BY THE COURT SHALL BE    3,608        

COMPENSATED BY THE BOARD IN AN AMOUNT APPROVED BY THE BOARD.       3,609        

      IF THE COURT BELIEVES THAT PUBLIC KNOWLEDGE OF THE           3,611        

APPOINTMENT OF A SPECIAL PROSECUTOR COULD ALLOW ONE OR MORE        3,612        

PERSONS TO INTERFERE WITH THE PROSECUTION OR ANY INVESTIGATION     3,613        

RELATED TO THE PROSECUTION, THE COURT MAY SEAL ALL DOCUMENTS       3,614        

PERTAINING TO THE APPOINTMENT.  SEALED DOCUMENTS SHALL REMAIN      3,615        

SEALED UNTIL THERE IS COURT ACTION ON THE PROSECUTION OR UNTIL     3,616        

                                                          78     


                                                                 
THE COURT ORDERS THE DOCUMENTS TO BE OPENED.                       3,617        

      Sec. 4734.48.  (A)  FOR PURPOSES OF ENFORCING THIS CHAPTER,  3,619        

THE STATE CHIROPRACTIC BOARD OR ANY OF ITS MEMBERS, THE BOARD'S    3,622        

EXECUTIVE DIRECTOR, AND ANY PERSON AUTHORIZED BY THE BOARD TO      3,623        

SERVE AS THE EXECUTIVE DIRECTOR'S REPRESENTATIVE MAY DO ANY OF     3,624        

THE FOLLOWING:                                                                  

      (1)  SERVE AND EXECUTE ANY PROCESS ISSUED BY ANY COURT       3,626        

REGARDING THE PRACTICE OF CHIROPRACTIC AND SERVE AND EXECUTE ANY   3,627        

PAPERS OR PROCESS ISSUED BY THE BOARD OR ANY OFFICER OR MEMBER OF  3,629        

THE BOARD;                                                                      

      (2)  ADMINISTER OATHS, PROPOUND INTERROGATORIES, ORDER THE   3,631        

TAKING OF DEPOSITIONS, COMPEL BY SUBPOENA THAT WITNESSES APPEAR    3,633        

AND TESTIFY, AND COMPEL BY SUBPOENA DUCES TECUM THE PRODUCTION OF  3,635        

BOOKS, ACCOUNTS, PAPERS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE                  

OBJECTS.  IF A PERSON FAILS TO COOPERATE IN AN INTERROGATORY OR    3,636        

DEPOSITION OR FAILS TO COMPLY WITH A SUBPOENA OR SUBPOENA DUCES    3,638        

TECUM, THE BOARD MAY APPLY TO THE COURT OF COMMON PLEAS OF         3,639        

FRANKLIN COUNTY FOR AN ORDER COMPELLING THE PERSON TO COOPERATE    3,640        

IN THE INTERROGATORY OR DEPOSITION OR TO COMPLY WITH THE SUBPOENA  3,641        

OR SUBPOENA DUCES TECUM OR, FOR FAILURE TO DO SO, BE HELD IN       3,642        

CONTEMPT OF COURT.  THE BOARD SHALL ADOPT RULES IN ACCORDANCE      3,643        

WITH CHAPTER 119. OF THE REVISED CODE ESTABLISHING PROCEDURES TO                

BE FOLLOWED IN TAKING THE ACTIONS AUTHORIZED UNDER DIVISION        3,644        

(A)(2) OF THIS SECTION, INCLUDING PROCEDURES REGARDING PAYMENT     3,645        

FOR AND SERVICE OF SUBPOENAS.                                      3,646        

      (3)  FILE WITH A JUDGE OR CLERK OF A COURT OF RECORD, OR     3,648        

WITH A MAGISTRATE, AN AFFIDAVIT CHARGING A PERSON WITH COMMITTING  3,649        

A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE RULES ADOPTED  3,650        

UNDER IT.  FOR PURPOSES OF THIS DIVISION, THE PERSON FILING THE    3,651        

AFFIDAVIT IS A PEACE OFFICER WHO IS AUTHORIZED TO FILE AN          3,652        

AFFIDAVIT UNDER SECTION 2935.09 OF THE REVISED CODE.               3,654        

      (B)  ANY PROCESS, PAPER, OR OTHER DOCUMENT SERVED UNDER      3,657        

THIS CHAPTER BY THE BOARD, A BOARD MEMBER, THE EXECUTIVE                        

DIRECTOR, OR AN AUTHORIZED REPRESENTATIVE OF THE EXECUTIVE         3,658        

                                                          79     


                                                                 
DIRECTOR MAY BE SERVED BY PERSONAL SERVICE, RESIDENCE SERVICE, OR  3,660        

CERTIFIED MAIL.  SERVICE MAY BE MADE AT THE INTENDED RECIPIENT'S   3,661        

USUAL PLACE OF BUSINESS.                                                        

      IF ATTEMPTS AT SERVICE BY PERSONAL SERVICE, RESIDENCE        3,663        

SERVICE, OR CERTIFIED MAIL ARE UNSUCCESSFUL, SERVICE MAY BE MADE   3,664        

AS FOLLOWS:                                                        3,665        

      (1)  BY ORDINARY MAIL.  IF THE PROCESS, PAPER, OR OTHER      3,667        

DOCUMENT THAT IS MAILED IS NOT RETURNED BY THE UNITED STATES       3,669        

POSTAL SERVICE, SERVICE ON THE INTENDED RECIPIENT IS DEEMED TO     3,670        

HAVE OCCURRED ON THE TENTH DAY AFTER THE MAILING.                               

      (2)  BY PUBLICATION OF A NOTICE IN ANY NEWSPAPER OF GENERAL  3,672        

CIRCULATION IN THE COUNTY IN WHICH THE INTENDED RECIPIENT'S LAST   3,673        

KNOWN RESIDENTIAL OR BUSINESS ADDRESS IS LOCATED.                  3,674        

      Sec. 4734.49.  (A)  THE ATTORNEY GENERAL, THE PROSECUTING    3,677        

ATTORNEY OF THE COUNTY IN WHICH A VIOLATION OF THIS CHAPTER IS     3,678        

COMMITTED OR IS THREATENED TO BE COMMITTED OR IN WHICH THE         3,680        

OFFENDER RESIDES, THE STATE CHIROPRACTIC BOARD, OR ANY OTHER                    

PERSON HAVING KNOWLEDGE OF A PERSON COMMITTING OR THREATENING TO   3,682        

COMMIT A VIOLATION OF THIS CHAPTER MAY, IN ACCORDANCE WITH THE     3,683        

PROVISIONS OF THE REVISED CODE GOVERNING INJUNCTIONS, MAINTAIN AN  3,684        

ACTION IN THE NAME OF THIS STATE TO ENJOIN THE PERSON FROM         3,685        

COMMITTING THE VIOLATION BY APPLYING FOR AN INJUNCTION IN ANY      3,686        

COURT OF COMPETENT JURISDICTION.  UPON THE FILING OF A VERIFIED    3,688        

PETITION IN COURT, THE COURT SHALL CONDUCT A HEARING ON THE        3,689        

PETITION AND SHALL GIVE THE SAME PREFERENCE TO THIS PROCEEDING AS  3,690        

IS GIVEN ALL PROCEEDINGS UNDER CHAPTER 119. OF THE REVISED CODE,   3,692        

IRRESPECTIVE OF THE POSITION OF THE PROCEEDING ON THE CALENDAR OF  3,693        

THE COURT.  IF THE COURT GRANTS A FINAL OR PERMANENT INJUNCTION    3,694        

THAT IS A FINAL APPEALABLE ORDER, THE COURT MAY AWARD TO THE       3,695        

PERSON OR ENTITY THAT MAINTAINED THE ACTION AN AMOUNT NOT          3,696        

EXCEEDING FIVE THOUSAND DOLLARS TO COVER REASONABLE ATTORNEY'S     3,698        

FEES, INVESTIGATIVE COSTS, AND OTHER COSTS RELATED TO THE          3,699        

INVESTIGATION OR PROSECUTION OF THE CASE.  INJUNCTION PROCEEDINGS  3,700        

BROUGHT UNDER THIS SECTION SHALL BE IN ADDITION TO, AND NOT IN     3,702        

                                                          80     


                                                                 
LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS         3,703        

CHAPTER.                                                                        

      (B)  THE PRACTICE OF CHIROPRACTIC BY ANY PERSON NOT AT THAT  3,706        

TIME HOLDING A VALID AND CURRENT LICENSE ISSUED UNDER THIS         3,710        

CHAPTER IS HEREBY DECLARED TO BE INIMICAL TO THE PUBLIC WELFARE    3,712        

AND TO CONSTITUTE A PUBLIC NUISANCE.                                            

      Sec. 4734.50.  THIS CHAPTER DOES NOT REQUIRE THE STATE       3,714        

CHIROPRACTIC BOARD TO ACT ON MINOR VIOLATIONS OF THIS CHAPTER OR   3,716        

THE RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY                  

INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES   3,717        

THAT THE PUBLIC INTEREST IS ADEQUATELY SERVED BY ISSUING A NOTICE  3,718        

OR WARNING TO THE ALLEGED OFFENDER.                                3,719        

      Sec. 4734.16 4734.53.  All fines collected for violation of  3,728        

section 4734.17 4734.14 OR 4734.161 of the Revised Code, shall be  3,730        

distributed as follows:  one half to the STATE chiropractic        3,731        

examining board for deposit into the state treasury to the credit  3,732        

of the occupational licensing and regulatory fund, IN ACCORDANCE   3,734        

WITH SECTION 4734.54 OF THE REVISED CODE and one half to the       3,736        

treasury of the county or municipal corporation in which the       3,737        

offense was committed.                                                          

      Sec. 4734.18 4734.54.  All moneys received by the STATE      3,746        

chiropractic examining board shall be paid into the state          3,749        

treasury and credited to the occupational licensing and                         

regulatory fund.  MONEYS CREDITED TO THE FUND THAT ARE THE RESULT  3,751        

OF FINES COLLECTED UNDER SECTION 4734.53, FINES COLLECTED UNDER    3,752        

SECTION 4734.31, AND AMOUNTS AWARDED UNDER SECTION 4734.49 OF THE  3,754        

REVISED CODE SHALL BE USED SOLELY FOR PURPOSES RELATED TO THE                   

BOARD'S ENFORCEMENT OF THIS CHAPTER.  MONEYS CREDITED TO THE FUND  3,755        

THAT ARE THE RESULT OF ANY FEE CHARGED UNDER SECTION 4734.21 OF    3,756        

THE REVISED CODE SHALL BE USED SOLELY FOR PURPOSES RELATED TO      3,757        

IMPLEMENTING THAT SECTION.                                                      

      Sec. 4734.21 4734.55.  The STATE chiropractic examining      3,767        

board shall provide a duplicate license to a license holder on     3,769        

payment of a fee of ninety FORTY-FIVE dollars.                     3,770        

                                                          81     


                                                                 
      Upon written request and the payment of a fee of one         3,772        

hundred seventy-five NINETY-FIVE dollars, the board shall provide  3,773        

to any person a list of persons holding licenses to practice       3,776        

chiropractic, AS INDICATED IN ITS REGISTER MAINTAINED PURSUANT TO  3,777        

SECTION 4734.04 OF THE REVISED CODE.                               3,778        

      The board shall maintain separate lists of the applicants    3,780        

taking each examination conducted under section 4734.05 of the     3,781        

Revised Code and of those who passed each examination.  Upon       3,782        

written request and the payment of a fee of twenty-five dollars,   3,783        

the board shall provide to any person a copy of the list of        3,784        

applicants taking an examination or the list of those who passed   3,785        

the examination.                                                   3,786        

      Upon written request from the licensee and the payment of a  3,789        

fee of twenty dollars, the board shall issue certification of      3,790        

licensure information to the person identified by the licensee.    3,791        

      Sec. 4734.20 4734.56.  The STATE chiropractic examining      3,801        

board, subject to the approval of the controlling board, may       3,803        

establish fees in excess of the amounts provided by sections       3,804        

4734.01 to 4734.99 of the Revised Code SPECIFIED IN THIS CHAPTER,  3,805        

provided that such fees do not exceed the amounts permitted by     3,807        

those sections SPECIFIED by more than fifty per cent.              3,808        

      Sec. 4734.99.  (A)  Whoever violates section 4734.17         3,817        

4734.14 of the Revised Code is guilty of a misdemeanor FELONY of   3,819        

the second FIFTH degree on a first offense and a felony of the     3,821        

fifth degree on, UNLESS THE OFFENDER PREVIOUSLY HAS BEEN           3,822        

CONVICTED OF OR HAS PLEADED GUILTY TO A VIOLATION OF SECTION       3,823        

2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.40,     3,824        

2913.47, 2913.48, 2913.51, 2921.13, 4715.09, 4723.03, 4725.02,     3,825        

4725.41, 4729.27, 4729.28, 4729.36, 4729.51, 4729.61, 4730.02,     3,826        

4731.41, 4731.43, 4731.46, 4731.47, 4731.60, 4732.21, 4741.18,     3,827        

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      3,828        

THIS STATE, ANOTHER STATE, OR THE UNITED STATES THAT IS OR WAS     3,829        

SUBSTANTIALLY EQUIVALENT TO A VIOLATION OF ANY OF THOSE SECTIONS,  3,830        

                                                          82     


                                                                 
IN WHICH CASE THE OFFENDER IS GUILTY OF A FELONY OF THE FOURTH     3,832        

DEGREE.  FOR each subsequent offense, THE OFFENDER IS GUILTY OF A  3,834        

FELONY OF THE FOURTH DEGREE.                                                    

      (B)  Whoever violates section 4734.23 4734.161 of the        3,836        

Revised Code is guilty of a misdemeanor of the first degree.       3,838        

      (C)  WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF      3,841        

SECTION 4734.32 OF THE REVISED CODE IS GUILTY OF A MINOR           3,842        

MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE    3,843        

PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT     3,844        

THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE     3,845        

SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE          3,846        

THOUSAND DOLLARS FOR EACH OFFENSE.                                 3,847        

      Sec. 4755.65.  (A)  Nothing in sections 4755.61 to 4755.64   3,856        

of the Revised Code shall be construed to prevent or restrict the  3,857        

practice, services, or activities of any person who:               3,858        

      (1)  Is an individual authorized under Chapter 4731. of the  3,861        

Revised Code to practice medicine and surgery, osteopathic         3,863        

medicine and surgery, or podiatry, a dentist licensed under        3,864        

Chapter 4715. of the Revised Code, a chiropractor licensed under   3,866        

Chapter 4734. of the Revised Code, a dietitian licensed under      3,867        

Chapter 4759. of the Revised Code, or a qualified member of any    3,868        

other occupation or profession practicing within the scope of the  3,870        

person's license or profession and who does not claim to the                    

public to be an athletic trainer;                                  3,871        

      (2)  Is employed as an athletic trainer by an agency of the  3,873        

United States government and provides athletic training solely     3,874        

under the direction or control of the agency by which the person   3,876        

is employed;                                                       3,877        

      (3)  Is a student in a board-approved athletic training      3,879        

education program leading to a baccalaureate or higher degree      3,880        

from an accredited college or university and is performing duties  3,881        

that are a part of a supervised course of study;                   3,882        

      (4)  Is a nonresident of this state practicing or offering   3,884        

to practice athletic training, if the nonresident offers athletic  3,885        

                                                          83     


                                                                 
training services for not more than ninety calendar days per year  3,886        

or, with board approval, for more than ninety but not more than    3,887        

one hundred eighty calendar days per year and meets either of the  3,888        

following requirements:                                                         

      (a)  The nonresident qualifies for licensure under section   3,890        

4755.62 of the Revised Code, except for passage of the             3,891        

examination required under division (C)(7) of that section;        3,892        

      (b)  The nonresident holds a valid license issued by a       3,894        

state that has licensure requirements considered by the athletic   3,895        

trainers section of the Ohio occupational therapy, physical        3,896        

therapy, and athletic trainers board to be comparable to those of  3,897        

this state.                                                        3,898        

      (5)  Provides athletic training only to relatives or in      3,900        

medical emergencies;                                               3,901        

      (6)  Provides gratuitous care to friends or members of the   3,904        

person's family;                                                                

      (7)  Provides only self-care.                                3,906        

      (B)  Nothing in this chapter shall be construed to prevent   3,908        

any person licensed under Chapter 4723. of the Revised Code and    3,909        

whose license is in good standing, any person authorized under     3,910        

Chapter 4731. of the Revised Code to practice medicine and         3,912        

surgery or osteopathic medicine and surgery and whose certificate  3,913        

to practice is in good standing, any person authorized under       3,914        

Chapter 4731. of the Revised Code to practice podiatry and whose   3,915        

certificate to practice is in good standing, any person licensed   3,916        

and registered under Chapter 4734. of the Revised Code to          3,917        

practice chiropractic and whose license is in good standing, any   3,918        

person licensed as a dietitian under Chapter 4759. of the Revised  3,919        

Code to practice dietetics and whose license is in good standing,  3,920        

any person licensed as a physical therapist under this chapter to  3,921        

practice physical therapy and whose license is in good standing,   3,922        

or any association, corporation, or partnership from advertising,  3,923        

describing, or offering to provide athletic training, or billing   3,924        

for athletic training if the athletic training services are        3,925        

                                                          84     


                                                                 
provided by a person licensed under this chapter and practicing    3,926        

within the scope of the person's license, by a person licensed     3,928        

under Chapter 4723. of the Revised Code and practicing within the  3,929        

scope of the person's license, by a person authorized under        3,931        

Chapter 4731. of the Revised Code to practice podiatry, by a       3,932        

person authorized under Chapter 4731. of the Revised Code to       3,933        

practice medicine and surgery or osteopathic medicine and          3,934        

surgery, by a person licensed under Chapter 4734. of the Revised   3,935        

Code to practice chiropractic, or by a person licensed under       3,936        

Chapter 4759. of the Revised Code to practice dietetics.           3,937        

      (C)  Nothing in this chapter shall be construed as           3,939        

authorizing a licensed athletic trainer to practice medicine and   3,940        

surgery, osteopathic medicine and surgery, podiatry, or            3,941        

chiropractic.                                                      3,942        

      Sec. 4779.16.  The state board of orthotics, prosthetics,    3,952        

and pedorthics shall issue a license under section 4779.09 of the  3,953        

Revised Code to practice orthotics, prosthetics, orthotics and     3,955        

prosthetics, or pedorthics without examination to an applicant                  

who meets the requirements of divisions (A) and (B) of this        3,956        

section:                                                           3,957        

      (A)  Not later than one hundred eighty days after the        3,959        

effective date of this section JULY 27, 2001, applies to the       3,961        

board in accordance with section 4779.09 of the Revised Code;      3,962        

      (B)(1)  In the case of an applicant for a license to         3,964        

practice orthotics, is actively practicing or teaching orthotics   3,966        

on the effective date of this section OCTOBER 27, 2000, and        3,967        

complies with division (B)(2)(a) or (b) of this section:           3,968        

      (a)  The applicant meets all of the following requirements:  3,970        

      (i)  Holds a bachelor's degree or higher from a nationally   3,973        

accredited college or university in the United States;             3,974        

      (ii)  Has completed a certificate program in orthotics       3,977        

approved by the board under section 4779.26 of the Revised Code;   3,978        

      (iii)  Is certified in orthotics by the American board for   3,981        

certification in orthotics and prosthetics, the board of                        

                                                          85     


                                                                 
orthotist/prosthetist certification, or an equivalent successor    3,982        

organization recognized by the board;                              3,983        

      (iv)  Has completed a residency program approved by the      3,985        

board under section 4779.27 of the Revised Code.                   3,986        

      (b)  The individual meets both of the following              3,988        

requirements:                                                                   

      (i)  Has a minimum of three years of documented, full-time   3,991        

experience practicing or teaching orthotics;                                    

      (ii)  Has passed the certification examination in orthotics  3,994        

developed by the American board of certification in orthotics and  3,995        

prosthetics, the board of orthotist/prosthetist certification, or  3,996        

an equivalent organization recognized by the board.                3,997        

      (2)  In the case of an applicant for a license to practice   3,999        

prosthetics, is actively practicing or teaching prosthetics on     4,001        

the effective date of this section OCTOBER 27, 2000, and complies  4,002        

with division (B)(2)(a) or (b) of this section:                    4,003        

      (a)  The applicant meets all of the following requirements:  4,005        

      (i)  Holds a bachelor's degree or higher from a nationally   4,008        

accredited college or university in the United States;             4,009        

      (ii)  Has completed a certificate program in prosthetics     4,012        

approved by the board under section 4779.26 of the Revised Code;   4,013        

      (iii)  Is certified in prosthetics by the American board     4,015        

for certification in orthotics and prosthetics, the board of       4,016        

orthotist/prosthetist certification, or an equivalent successor    4,017        

organization recognized by the board;                              4,018        

      (iv)  Has completed a residency program approved by the      4,020        

board under section 4779.27 of the Revised Code.                   4,021        

      (b)  The applicant meets both of the following               4,023        

requirements:                                                                   

      (i)  Has a minimum of three years of documented, full-time   4,026        

experience practicing or teaching prosthetics;                                  

      (ii)  Has passed the certification examination in            4,028        

prosthetics of the American board of certification in orthotics    4,029        

and prosthetics, the board of orthotist/prosthetist                4,030        

                                                          86     


                                                                 
certification, or an equivalent organization recognized by the     4,031        

board.                                                                          

      (3)  In the case of an applicant for a license to practice   4,033        

orthotics and prosthetics, the applicant complies with division    4,034        

(B)(3)(a) or (b) of this section:                                  4,035        

      (a)  The applicant meets all of the following requirements:  4,037        

      (i)  Holds a bachelor's degree or higher from an accredited  4,040        

college or university in the United States;                                     

      (ii)  Has completed a certificate program in orthotics and   4,043        

prosthetics approved by the board under section 4779.26 of the     4,044        

Revised Code;                                                                   

      (iii)  Has completed a residency program in orthotics and    4,047        

prosthetics approved under section 4779.27 of the Revised Code;    4,048        

      (iv)  Is certified in orthotics and prosthetics by the       4,050        

American board for certification in orthotics and prosthetics,     4,052        

the board of orthotist/prosthetist certification, or an            4,053        

equivalent successor organization recognized by the board;         4,054        

      (b)  The applicant meets both of the following               4,056        

requirements:                                                                   

      (i)  Has a minimum of six years of documented, full-time     4,059        

experience practicing or teaching orthotics and prosthetics;       4,060        

      (ii)  Has passed the orthotics and prosthetics               4,062        

certification examination requirements of the American board for   4,063        

certification in orthotics and prosthetics, the board of           4,065        

orthotist/prosthetist certification, or an equivalent              4,066        

organization recognized by the board.                              4,067        

      (4) In the case of an applicant for a license to practice    4,069        

pedorthics, is actively practicing or teaching pedorthics on the   4,071        

effective date of this section OCTOBER 27, 2000, and is certified  4,072        

in pedorthics by the board for certification in pedorthics.        4,073        

      Sec. 5903.12.  (A)  As used in this section:                 4,082        

      (1)  "Continuing education" means continuing education       4,084        

required of a licensee by law and includes, but is not limited     4,085        

to, the continuing education required of licensees under sections  4,086        

                                                          87     


                                                                 
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,   4,087        

4725.16, 4725.51, 4731.281, 4734.25, 4735.141, 4736.11, 4741.16,   4,089        

4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and 4763.07  4,091        

of the Revised Code.                                                            

      (2)  "License" means a license, certificate, permit, or      4,093        

other authorization issued or conferred by a licensing agency      4,094        

under which a licensee may engage in a profession, occupation, or  4,095        

occupational activity.                                             4,096        

      (3)  "Licensee" means a person to whom all of the following  4,098        

apply:                                                             4,099        

      (a)  The person has been issued a license by a licensing     4,101        

agency.                                                            4,102        

      (b)  The person is a member of the Ohio national guard, the  4,104        

Ohio military reserve, the Ohio naval militia, or a reserve        4,105        

component of the armed forces of the United States.                4,106        

      (c)  The person has been called to active duty, whether      4,108        

inside or outside the United States, because of an executive       4,110        

order issued by the president of the United States or an act of    4,111        

congress, for a period in excess of thirty-one days.               4,112        

      (4)  "Licensing agency" means any state department,          4,114        

division, board, commission, agency, or other state governmental   4,115        

unit authorized by the Revised Code to issue a license.            4,116        

      (5)  "Reporting period" means the period of time during      4,118        

which a licensee must complete the number of hours of continuing   4,119        

education required of the licensee by law.                         4,120        

      (B)  Each licensing agency, upon receiving an application    4,122        

from one of its licensees that is accompanied by proper            4,123        

documentation certifying that the licensee has been called to      4,124        

active duty as described in division (A)(3)(c) of this section     4,126        

during the current or a prior reporting period and certifying the  4,127        

length of that active duty, shall extend the current reporting     4,128        

period by an amount of time equal to the total number of months    4,129        

that the licensee spent on active duty during the current          4,130        

reporting period.  For purposes of this division, any portion of   4,131        

                                                          88     


                                                                 
a month served on active duty shall be considered one full month.  4,132        

      Section 2.  That existing sections 119.06, 119.12, 121.22,   4,134        

125.22, 2317.02, 2929.24, 3701.74, 3719.12, 3719.121, 3729.40,     4,136        

4734.01, 4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07,     4,137        

4734.08, 4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12,   4,138        

4734.13, 4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19,     4,139        

4734.20, 4734.21, 4734.22, 4734.23, 4734.99, 4755.65, 4779.16,     4,140        

and 5903.12 of the Revised Code are hereby repealed.               4,141        

      Section 3.  This act shall be known as the Patient           4,143        

Protection and Professional Standards Act of 2000.                 4,144        

      Section 4.  Wherever the Chiropractic Examining Board or     4,146        

its secretary are referred to in any law, contract, or other       4,147        

document, the reference shall be deemed to refer to the State      4,148        

Chiropractic Board or its executive director, whichever is         4,149        

appropriate.  No action or proceeding pending on the effective     4,150        

date of this act is affected by the renaming of the Chiropractic   4,151        

Examining Board and shall be prosecuted or defended in the name    4,152        

of the State Chiropractic Board or its executive director.         4,153        

      Section 5.  The authority this act grants to the State       4,155        

Chiropractic Board to adopt rules under Chapter 4734. of the       4,156        

Revised Code shall not be construed to allow the Board to          4,157        

prohibit or restrict commercial speech by time, place, or medium   4,158        

of solicitation on behalf of chiropractors.                                     

      Section 6.  The authority this act grants to the State       4,160        

Chiropractic Board to take disciplinary action under section       4,161        

4734.31 of the Revised Code against a person who has been found    4,162        

eligible for intervention in lieu of conviction extends to a       4,163        

person who, prior to the effective date of Am. Sub. S.B. 107 of    4,164        

the 123rd General Assembly, was found eligible for treatment in    4,165        

lieu of conviction.                                                             

      Section 7.  The amendment of section 4779.16 of the Revised  4,167        

Code is not intended to supersede the earlier repeal, with         4,168        

delayed effective date, of that section.                           4,169        

      Section 8.  Section 119.12 of the Revised Code is presented  4,171        

                                                          89     


                                                                 
in this act as a composite of the section as amended by both Am.   4,173        

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      4,175        

letters.  This is in recognition of the principle stated in        4,176        

division (B) of section 1.52 of the Revised Code that such         4,177        

amendments are to be harmonized where not substantively            4,178        

irreconcilable and constitutes a legislative finding that such is  4,179        

the resulting version in effect prior to the effective date of     4,180        

this act.