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
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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section 4779.16 of the Revised Code is repealed 52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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.