As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  H. B. No. 585  5            

      1999-2000                                                    6            


   REPRESENTATIVES VESPER-HOLLISTER-O'BRIEN-CLANCY-KRUPINSKI-      8            

      HARRIS-BARRETT-SMITH-ALLEN-BUEHRER-TERWILLEGER-SYKES         9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 4731.34, 4731.341, and 4731.36 and  11           

                to enact sections 2307.386, 4731.342, 4731.361,    12           

                and 4731.362 of the Revised Code to provide, with  13           

                certain exceptions, that a physician licensed by   14           

                another state who provides medical services in                  

                this state, either in person or through the use    15           

                of any communication, including oral, written, or  16           

                electronic communication, must comply with all                  

                laws governing the practice of medicine in this    17           

                state and submit to the jurisdiction of the State  18           

                Medical Board and the courts of this state.                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 4731.34, 4731.341, and 4731.36 be  22           

amended and sections 2307.386, 4731.342, 4731.361, and 4731.362    23           

of the Revised Code be enacted to read as follows:                 25           

      Sec. 2307.386.  AS USED IN THIS SECTION, "MEDICAL CLAIM"     27           

HAS THE SAME MEANING AS IN SECTION 2305.11 OF THE REVISED CODE.    28           

      A RESIDENT OF THIS STATE MAY COMMENCE A CIVIL ACTION BASED   30           

ON A MEDICAL CLAIM IN THE APPROPRIATE COURT OF THIS STATE AGAINST  31           

A LEGAL PRACTITIONER OF MEDICINE IN ANOTHER STATE WHO IS           32           

DESCRIBED IN SECTION 4731.342 OF THE REVISED CODE.                              

      Sec. 4731.34.  (A)  A person shall be regarded as            41           

practicing medicine, surgery, or podiatry, within the meaning of   43           

this chapter, who uses DOES ANY OF THE FOLLOWING:                  44           

      (1)  USES the words or letters, "Dr.," "Doctor,"             46           

                                                          2      


                                                                 
"Professor," "M.D.," "D.S.C.," "Pod. D.," "M.B. D.O.," "D.P.M.,"   48           

or any other title in connection with the person's name that in    50           

any way represents the person as engaged in the practice of        52           

medicine, AND surgery, OSTEOPATHIC MEDICINE AND SURGERY, or        53           

podiatry, in any of its branches, or who examines;                 54           

      (2)  ANY OF THE FOLLOWING IN PERSON OR THROUGH THE USE OF    56           

ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR ELECTRONIC          57           

COMMUNICATION:                                                                  

      (a)  EXAMINES or diagnoses for compensation of any kind, or  59           

prescribes;                                                        60           

      (b)  PRESCRIBES, advises, recommends, administers, or        62           

dispenses for compensation of any kind, direct or indirect, a      63           

drug or medicine, appliance, mold or cast, application,            64           

operation, or treatment, of whatever nature, for the cure or       65           

relief of a wound, fracture or bodily injury, infirmity, or        66           

disease, provided that the;                                        67           

      (c)  ADVERTISES, SOLICITS, OR REPRESENTS IN ANY WAY TO THE   69           

PUBLIC THAT THE PERSON IS PRACTICING MEDICINE AND SURGERY,         70           

OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY.                     71           

      (B)  THE treatment of human ills through prayer alone by a   75           

practitioner of the Christian Science church, in accordance with   76           

the tenets and creed of such church, shall not be regarded as the  77           

practice of medicine; and, provided further that sanitary and      78           

public health laws shall be complied with, no practices shall be   79           

used that may be dangerous or detrimental to life or health, and   80           

no person shall be denied the benefits of accepted medical and     82           

surgical practices.                                                             

      (C)  The use of any such words, letters, or titles in any    85           

connection or under any circumstances as to induce the belief                   

that the person who uses them is engaged in the practice of        86           

medicine, AND SURGERY, OSTEOPATHIC MEDICINE AND surgery, or        87           

podiatry is prima-facie evidence of the intent of such person to   88           

represent the person as engaged in the practice of medicine, AND   89           

SURGERY, OSTEOPATHIC MEDICINE AND surgery, or podiatry.            90           

                                                          3      


                                                                 
      Sec. 4731.341.  (A)  The FOLLOWING ARE HEREBY DECLARED TO    100          

BE INIMICAL TO THE PUBLIC WELFARE AND CONSTITUTE A PUBLIC          101          

NUISANCE:                                                                       

      (1)  THE practice of medicine in all of its branches or the  105          

treatment of human ailments without the use of drugs or medicines  107          

and without operative surgery by any person not at that time       108          

holding a valid and current certificate as provided by Chapter     110          

4723., 4725., or 4731. of the Revised Code is hereby declared to   111          

be inimical to the public welfare and to constitute a public       112          

nuisance.  The;                                                                 

      (2)  CONDUCT EXEMPTED UNDER SECTION 4731.36 OF THE REVISED   114          

CODE WHEN THE INDIVIDUAL IS IN VIOLATION OF DIVISION (B) OF        115          

SECTION 4731.22 OF THE REVISED CODE.                                            

      (B)  THE attorney general, the prosecuting attorney of any   118          

county in which the offense was committed or the offender          119          

resides, the state medical board, or any other person having       120          

knowledge of a person engaged WHO either directly or by            121          

complicity IS in the practice of medicine without having first     123          

obtained a certificate to do so pursuant to such chapters          124          

VIOLATION OF DIVISION (A) OF THIS SECTION, may on or after         125          

January 1, 1969, in accord with provisions of the Revised Code     126          

governing injunctions, maintain an action in the name of the       127          

state to enjoin any person from engaging either directly or by     128          

complicity in the unlawful practice of medicine in all of its      130          

branches, or the treatment of human ailments without the use of    131          

drugs or medicines and without operative surgery, ACTIVITY by      132          

applying for an injunction in any THE FRANKLIN COUNTY court of     134          

competent jurisdiction COMMON PLEAS.                               135          

      Prior to application for such injunction, the secretary of   137          

the state medical board shall notify the person allegedly engaged  138          

either directly or by complicity in the unlawful practice of       139          

medicine or any of its branches ACTIVITY by registered mail that   141          

the secretary has received information indicating that this        142          

person is so engaged.  Said person shall answer the secretary      143          

                                                          4      


                                                                 
within thirty days showing that the person is either properly      145          

licensed for the stated activity or that the person is not in      146          

violation of Chapter 4723. or 4731. of the Revised Code.  If the   148          

answer is not forthcoming within thirty days after notice by the   149          

secretary, the secretary shall request that the attorney general,  150          

the prosecuting attorney of the county in which the offense was    151          

committed or the offender resides, or the state medical board      152          

proceed as authorized in this section.                             153          

      Upon the filing of a verified petition in court, the court   155          

shall conduct a hearing on the petition and shall give the same    156          

preference to this proceeding as is given all proceedings under    157          

Chapter 119. of the Revised Code, irrespective of the position of  160          

the proceeding on the calendar of the court.                                    

      Such injunction proceedings shall be in addition to, and     162          

not in lieu of, all penalties and other remedies provided in       163          

Chapters 4723. and 4731. of the Revised Code.                      164          

      Sec. 4731.342.  AS USED IN THIS SECTION, "MEDICAL CLAIM"     166          

HAS THE SAME MEANING AS IN SECTION 2305.11 OF THE REVISED CODE.    167          

      A LEGAL PRACTITIONER OF MEDICINE IN ANOTHER STATE WHO IS     169          

PRACTICING MEDICINE IN THIS STATE EITHER IN PERSON OR THROUGH THE  170          

USE OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR ELECTRONIC   171          

COMMUNICATION, PURSUANT TO A VALID CERTIFICATE ISSUED UNDER THIS   172          

CHAPTER OR ONE OF THE EXCEPTIONS DESCRIBED IN SECTION 4731.36 OF   173          

THE REVISED CODE CONSENTS TO THE JURISDICTION OF THE STATE                      

MEDICAL BOARD AND THE COURTS OF THIS STATE IN ANY ACTION OR        174          

PROCEEDING, INCLUDING A CIVIL ACTION BASED ON A MEDICAL CLAIM,     175          

ARISING OUT OF EXAMINATION, DIAGNOSIS, OR TREATMENT PROVIDED TO A  176          

PATIENT IN THIS STATE.                                                          

      Sec. 4731.36.  (A)  AS USED IN THIS SECTION, "CONSULTATION"  186          

MEANS THE ACT OF PROVIDING ADVICE OR INFORMATION REGARDING         188          

EXAMINATION, DIAGNOSIS, OR TREATMENT OF A PATIENT TO AN                         

INDIVIDUAL IN THIS STATE WHO HOLDS A VALID CERTIFICATE ISSUED      189          

UNDER THIS CHAPTER AND HAS PRIMARY RESPONSIBILITY OVER THE         190          

EXAMINATION, DIAGNOSIS, OR TREATMENT.                              191          

                                                          5      


                                                                 
      (B)  Sections 4731.01 to 4731.47 of the Revised Code shall   195          

not prohibit service in case of emergency, or domestic             196          

administration of family remedies.  Such sections                               

      SECTIONS 4731.01 TO 4731.47 OF THE REVISED CODE shall not    199          

apply to a ANY OF THE FOLLOWING:                                                

      (1)  A commissioned medical officer of the United States     201          

army, navy, or marine hospital service ARMED FORCES, AS DEFINED    202          

IN SECTION 5903.11 OF THE REVISED CODE, OR AN EMPLOYEE OF THE      203          

VETERANS ADMINISTRATION OF THE UNITED STATES OR THE UNITED STATES  204          

PUBLIC HEALTH SERVICE in the discharge of his THE OFFICER'S OR     205          

EMPLOYEE'S professional duties, or to a regularly qualified;       206          

      (2)  A dentist AUTHORIZED UNDER CHAPTER 4715. OF THE         208          

REVISED CODE TO PRACTICE DENTISTRY when engaged exclusively in     210          

the practice of dentistry, or when administering anaesthetics, or  211          

to a ANESTHETICS IN THE PRACTICE OF DENTISTRY;                     212          

      (3)  A physician or surgeon residing in another state or     215          

territory who is a legal practitioner of medicine or surgery       216          

therein, when in UNDER THE FOLLOWING CIRCUMSTANCES:                217          

      (a)  WHEN PROVIDING EPISODIC consultation with a regular     220          

practitioner of this state; nor shall such sections apply to a.    222          

AS USED IN DIVISION (B)(3)(a) OF THIS SECTION, "EPISODIC           224          

CONSULTATION" MEANS CONSULTATION THAT OCCURS ON AN IRREGULAR OR    225          

INFREQUENT BASIS.                                                  226          

      (b)  WHEN PROVIDING CONSULTATION IF THE CONSULTATION IS      228          

PROVIDED WITHOUT REMUNERATION;                                     229          

      (c)  WHEN PROVIDING CONSULTATION AS PART OF THE CURRICULUM   231          

OF A MEDICAL SCHOOL OR OSTEOPATHIC MEDICAL SCHOOL OF THIS STATE    232          

OR A PROGRAM DESCRIBED IN DIVISION (A)(2) OF SECTION 4731.291 OF   233          

THE REVISED CODE.                                                               

      (4)  A PHYSICIAN OR SURGEON IN ANOTHER STATE OR TERRITORY    235          

WHO IS A LEGAL PRACTITIONER OF MEDICINE OR SURGERY THEREIN AND     236          

PROVIDED SERVICES TO A PATIENT IN THAT STATE OR TERRITORY, WHEN    237          

PROVIDING, NOT LATER THAN ONE YEAR AFTER THE LAST DATE SERVICES    238          

WERE PROVIDED IN ANOTHER STATE OR TERRITORY, FOLLOW-UP SERVICES    239          

                                                          6      


                                                                 
IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION, INCLUDING       240          

ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, IN THIS STATE TO THE   241          

PATIENT FOR THE SAME CONDITION;                                    242          

      (5)  A physician or surgeon residing on the border of a      245          

neighboring CONTIGUOUS state and authorized under the laws         246          

thereof to practice medicine and surgery therein, whose practice   247          

extends within the limits of this state; provided equal rights     248          

and privileges are accorded by such neighboring state to the       250          

physicians and surgeons residing on the border of this state       251          

contiguous to such neighboring state.  Such practitioner shall     252          

not EITHER IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION,      253          

INCLUDING ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, open an      254          

office or appoint a place to see patients or receive calls within  256          

the limits of this state.                                                       

      (B)(6)  A BOARD, COMMITTEE, OR CORPORATION ENGAGED IN THE    258          

CONDUCT DESCRIBED IN DIVISION (A) OF SECTION 2305.25 OF THE        260          

REVISED CODE WHEN ACTING WITHIN THE SCOPE OF THE FUNCTIONS OF THE  261          

BOARD, COMMITTEE, OR CORPORATION;                                               

      (7)  THE CONDUCT OF AN INTERNAL REVIEW SYSTEM DESCRIBED IN   263          

SECTION 1751.83 OF THE REVISED CODE;                               264          

      (8)  THE CONDUCT OF AN INDEPENDENT REVIEW ORGANIZATION       266          

DESCRIBED IN SECTIONS 1751.84, 1751.85, 3923.67, 3923.68,          267          

3923.76, AND 3923.77 OF THE REVISED CODE.                          268          

      (C)  Sections 4731.51 to 4731.61 of the Revised Code do not  270          

apply to any graduate of a podiatric school or college while       271          

performing those acts that may be prescribed by or incidental to   272          

participation in an accredited podiatric internship, residency,    273          

or fellowship program situated in this state approved by the       274          

state medical board.                                               275          

      (D)  ANY PERSON MAY REQUEST IN WRITING A DETERMINATION FROM  277          

THE STATE MEDICAL BOARD OF WHETHER THE PERSON IS OR HAS ENGAGED    278          

IN AN ACT THAT CONSTITUTES AN ACT DESCRIBED IN DIVISION (B) OF     279          

THIS SECTION.  ON RECEIPT OF A REQUEST UNDER THIS DIVISION, THE    280          

BOARD SHALL MAKE A DETERMINATION AND PROVIDE WRITTEN NOTICE OF IT  281          

                                                          7      


                                                                 
TO THE REQUESTING PERSON.                                                       

      Sec. 4731.361.  (A)  A PHYSICIAN OR SURGEON IN ANOTHER       284          

STATE OR TERRITORY WHO IS A LEGAL PRACTITIONER OF MEDICINE AND     285          

SURGERY THEREIN, PRACTICES MEDICINE IN THIS STATE BY PROVIDING     286          

MEDICAL SERVICES TO PATIENTS IN PERSON OR THROUGH THE USE OF ANY   287          

COMMUNICATION, INCLUDING ORAL, WRITTEN, OR ELECTRONIC              288          

COMMUNICATION, AND IS NOT EXEMPTED BY SECTION 4731.36 OF THE       289          

REVISED CODE FROM SECTIONS 4731.01 TO 4731.47 OF THE REVISED CODE               

SHALL COMPLY WITH BOTH OF THE FOLLOWING:                           290          

      (1)  ALL LAWS AND RULES OF THIS STATE GOVERNING THE          292          

PRACTICE OF MEDICINE, INCLUDING SECTION 4731.22 OF THE REVISED     294          

CODE, AND THE PRESERVATION OF CONFIDENTIALITY OF A PATIENT'S       295          

MEDICAL RECORDS;                                                                

      (2)  ALL REPORTING REQUIREMENTS ESTABLISHED IN SECTION       297          

4731.224 OF THE REVISED CODE.                                      298          

      (B)  THE STATE MEDICAL BOARD MAY ADOPT RULES TO CARRY OUT    300          

THE PURPOSE OF THIS SECTION.  THE RULES MAY INCLUDE STANDARDS FOR  301          

ALL OF THE FOLLOWING:                                              302          

      (1)  THE PRACTICE OF MEDICINE IN PERSON OR THROUGH THE USE   304          

OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR ELECTRONIC       305          

COMMUNICATION;                                                     306          

      (2)  THE APPROPRIATE DELEGATION TO INDIVIDUALS PROVIDING     308          

HEALTH CARE SERVICES;                                              309          

      (3)  ELECTRONIC RECORDKEEPING, INCLUDING MEASURES TO         311          

PREVENT TAMPERING WITH ELECTRONIC RECORDS AND TO PRESERVE AND      312          

MAINTAIN THE CONFIDENTIALITY AND AUTHENTICITY OF THE RECORDS.      314          

      Sec. 4731.362.  (A)  AN INDIVIDUAL HOLDING A VALID           316          

CERTIFICATE TO PRACTICE ISSUED UNDER THIS CHAPTER WHO CONSULTS     317          

WITH A PHYSICIAN OR SURGEON IN ANOTHER STATE OR TERRITORY ACTING   318          

UNDER ONE OF THE EXCEPTIONS DESCRIBED IN DIVISION (A)(3) OF        319          

SECTION 4731.36 OF THE REVISED CODE SHALL, PRIOR TO PROVIDING                   

MEDICAL CARE TO A PATIENT IN THIS STATE, OBTAIN CONSENT FOR THE    320          

CONSULTATION FROM THE PATIENT OR THE PATIENT'S LEGAL               321          

REPRESENTATIVE.  A REQUEST FOR CONSENT SHALL BE COMMUNICATED TO    322          

                                                          8      


                                                                 
THE PATIENT OR THE PATIENT'S LEGAL REPRESENTATIVE ORALLY AND IN A  323          

WRITTEN DOCUMENT AND DISCLOSE ALL OF THE FOLLOWING:                             

      (1)  THE RIGHT OF THE PATIENT OR PATIENT'S LEGAL             325          

REPRESENTATIVE TO REFUSE OR WITHDRAW CONSENT AT ANY TIME;          327          

      (2)  A DESCRIPTION OF THE RISKS, BENEFITS, AND POTENTIAL     329          

CONSEQUENCES OF RECEIVING MEDICAL CARE EITHER IN PERSON OR         330          

THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR  331          

ELECTRONIC COMMUNICATION, THROUGH CONSULTATION WITH A PHYSICIAN    332          

OR SURGEON IN ANOTHER STATE;                                                    

      (3)  THE EXISTENCE OF A PHYSICIAN-PATIENT RELATIONSHIP       334          

BETWEEN THE CONSULTING PHYSICIAN OR SURGEON AND PATIENT,           335          

INCLUDING THE RIGHT OF CONFIDENTIALITY OF PATIENT INFORMATION;     336          

      (4)  THE RIGHT OF THE PATIENT OR THE PATIENT'S LEGAL         338          

REPRESENTATIVE TO OBTAIN THE PATIENT'S MEDICAL RECORDS FROM THE    339          

CONSULTING PHYSICIAN OR SURGEON.                                                

      (B)  THE PATIENT OR THE PATIENT'S LEGAL REPRESENTATIVE       341          

SHALL SIGN A COPY OF THE DOCUMENT DESCRIBED IN DIVISION (A) OF     342          

THIS SECTION.  THE CERTIFICATE HOLDER SHALL RETAIN THE SIGNED      343          

COPY IN THE PATIENT'S MEDICAL RECORD.                              344          

      (C)  REFUSAL OR WITHDRAWAL OF CONSENT SHALL NOT AFFECT A     346          

PATIENT'S RIGHT TO RECEIVE MEDICAL CARE.                           347          

      Section 2.  That existing sections 4731.34, 4731.341, and    349          

4731.36 of the Revised Code are hereby repealed.                   350