As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 585 5
1999-2000 6
REPRESENTATIVES VESPER-HOLLISTER-O'BRIEN-CLANCY-KRUPINSKI- 8
HARRIS-BARRETT-SMITH-ALLEN-BUEHRER-TERWILLEGER-SYKES-OLMAN 9
_________________________________________________________________ 10
A B I L L
To amend sections 4731.34, 4731.341, and 4731.36 of 13
the Revised Code to specify that the practice of 14
medicine in this state includes certain
activities performed in person or through the use 15
of any communication, including oral, written, or 16
electronic communication, and to modify the
exceptions to the law governing physician 17
licensure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 4731.34, 4731.341, and 4731.36 of 21
the Revised Code be amended to read as follows: 22
Sec. 4731.34. (A) A person shall be regarded as 31
practicing medicine, surgery, or podiatry, within the meaning of 33
this chapter, who uses DOES ANY OF THE FOLLOWING: 34
(1) USES the words or letters, "Dr.," "Doctor," 36
"Professor," "M.D.," "D.S.C.," "Pod. D.," "M.B. PHYSICIAN," 39
"D.O.," "D.P.M.," or any other title in connection with the 41
person's name that in any way THAT represents the person as 43
engaged in the practice of medicine, AND surgery, OSTEOPATHIC 44
MEDICINE AND SURGERY, or podiatry, in any of its branches, or who 45
examines;
(2) ADVERTISES, SOLICITS, OR REPRESENTS IN ANY WAY THAT 48
THE PERSON IS PRACTICING MEDICINE AND SURGERY, OSTEOPATHIC
MEDICINE AND SURGERY, OR PODIATRY, IN ANY OF ITS BRANCHES; 49
(3) IN PERSON OR, REGARDLESS OF THE PERSON'S LOCATION, 51
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THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR 53
ELECTRONIC COMMUNICATION, DOES ANY OF THE FOLLOWING: 54
(a) EXAMINES or diagnoses for compensation of any kind, or 56
prescribes DIRECT OR INDIRECT; 57
(b) PRESCRIBES, advises, recommends, administers, or 59
dispenses for compensation of any kind, direct or indirect, a 60
drug or medicine, appliance, mold or cast, application, 61
operation, or treatment, of whatever nature, for the cure or 62
relief of a wound, fracture or bodily injury, infirmity, or 63
disease, provided that the. 64
(B) THE treatment of human ills through prayer alone by a 68
practitioner of the Christian Science church, in accordance with 69
the tenets and creed of such church, shall not be regarded as the 70
practice of medicine; and, provided further that sanitary and 71
public health laws shall be complied with, no practices shall be 72
used that may be dangerous or detrimental to life or health, and 73
no person shall be denied the benefits of accepted medical and 75
surgical practices.
(C) The use of any such words, letters, or titles in any 78
connection or under any circumstances as to induce the belief
that the person who uses them is engaged in the practice of 79
medicine, AND SURGERY, OSTEOPATHIC MEDICINE AND surgery, or 80
podiatry, IN ANY OF ITS BRANCHES, is prima-facie evidence of the 82
intent of such person to represent the person as engaged in the 83
practice of medicine, AND SURGERY, OSTEOPATHIC MEDICINE AND 84
surgery, or podiatry, IN ANY OF ITS BRANCHES. 85
Sec. 4731.341. (A) The practice of medicine in all of its 95
branches or the treatment of human ailments without the use of 97
drugs or medicines and without operative surgery by any person 98
not at that time holding a valid and current certificate as 101
provided by Chapter 4723., 4725., or 4731. of the Revised Code is 102
hereby declared to be inimical to the public welfare and to 103
constitute a public nuisance. The
(B) THE attorney general, the prosecuting attorney of any 106
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county in which the offense was committed or the offender 107
resides, the state medical board, or any other person having 108
knowledge of a person engaged WHO either directly or by 109
complicity IS in the practice of medicine without having first 111
obtained a certificate to do so pursuant to such chapters 112
VIOLATION OF DIVISION (A) OF THIS SECTION, may on or after 113
January 1, 1969, in accord with provisions of the Revised Code 114
governing injunctions, maintain an action in the name of the 115
state to enjoin any person from engaging either directly or by 116
complicity in the unlawful practice of medicine in all of its 118
branches, or the treatment of human ailments without the use of 119
drugs or medicines and without operative surgery, ACTIVITY by 120
applying for an injunction in any THE FRANKLIN COUNTY court of 122
competent jurisdiction COMMON PLEAS. 123
Prior to application for such injunction, the secretary of 125
the state medical board shall notify the person allegedly engaged 126
either directly or by complicity in the unlawful practice of 127
medicine or any of its branches ACTIVITY by registered mail that 129
the secretary has received information indicating that this 130
person is so engaged. Said person shall answer the secretary 131
within thirty days showing that the person is either properly 133
licensed for the stated activity or that the person is not in 134
violation of Chapter 4723. or 4731. of the Revised Code. If the 136
answer is not forthcoming within thirty days after notice by the 137
secretary, the secretary shall request that the attorney general, 138
the prosecuting attorney of the county in which the offense was 139
committed or the offender resides, or the state medical board 140
proceed as authorized in this section. 141
Upon the filing of a verified petition in court, the court 143
shall conduct a hearing on the petition and shall give the same 144
preference to this proceeding as is given all proceedings under 145
Chapter 119. of the Revised Code, irrespective of the position of 148
the proceeding on the calendar of the court.
Such injunction proceedings shall be in addition to, and 150
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not in lieu of, all penalties and other remedies provided in 151
Chapters 4723. and 4731. of the Revised Code. 152
Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the 161
Revised Code shall not prohibit service in case of emergency, or 162
domestic administration of family remedies. Such sections 163
SECTIONS 4731.01 TO 4731.47 OF THE REVISED CODE shall not 166
apply to a ANY OF THE FOLLOWING:
(1) A commissioned medical officer of the United States 168
army, navy, or marine hospital service ARMED FORCES, AS DEFINED 169
IN SECTION 5903.11 OF THE REVISED CODE, OR AN EMPLOYEE OF THE 170
VETERANS ADMINISTRATION OF THE UNITED STATES OR THE UNITED STATES 171
PUBLIC HEALTH SERVICE in the discharge of his THE OFFICER'S OR 172
EMPLOYEE'S professional duties, or to a regularly qualified; 173
(2) A dentist AUTHORIZED UNDER CHAPTER 4715. OF THE 175
REVISED CODE TO PRACTICE DENTISTRY when engaged exclusively in 177
the practice of dentistry, or when administering anaesthetics, or 178
to a ANESTHETICS IN THE PRACTICE OF DENTISTRY; 179
(3) A physician or surgeon residing in another state or 182
territory who is a legal practitioner of medicine or surgery 183
therein, when in PROVIDING consultation with a regular 185
practitioner of this state; nor shall such sections apply to a AN 187
INDIVIDUAL HOLDING A CERTIFICATE TO PRACTICE ISSUED UNDER THIS 188
CHAPTER WHO IS RESPONSIBLE FOR THE EXAMINATION, DIAGNOSIS, AND 189
TREATMENT OF THE PATIENT WHO IS THE SUBJECT OF THE CONSULTATION, 190
IF ONE OF THE FOLLOWING APPLIES:
(a) THE PHYSICIAN OR SURGEON DOES NOT PROVIDE CONSULTATION 192
IN THIS STATE ON A REGULAR OR FREQUENT BASIS. 194
(b) THE PHYSICIAN OR SURGEON PROVIDES THE CONSULTATION 196
WITHOUT COMPENSATION OF ANY KIND, DIRECT OR INDIRECT, FOR THE 197
CONSULTATION.
(c) THE CONSULTATION IS PART OF THE CURRICULUM OF A 199
MEDICAL SCHOOL OR OSTEOPATHIC MEDICAL SCHOOL OF THIS STATE OR A 200
PROGRAM DESCRIBED IN DIVISION (A)(2) OF SECTION 4731.291 OF THE 201
REVISED CODE.
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(4) A PHYSICIAN OR SURGEON IN ANOTHER STATE OR TERRITORY 203
WHO IS A LEGAL PRACTITIONER OF MEDICINE OR SURGERY THEREIN AND 204
PROVIDED SERVICES TO A PATIENT IN THAT STATE OR TERRITORY, WHEN 205
PROVIDING, NOT LATER THAN ONE YEAR AFTER THE LAST DATE SERVICES 206
WERE PROVIDED IN ANOTHER STATE OR TERRITORY, FOLLOW-UP SERVICES 207
IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION, INCLUDING 208
ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, IN THIS STATE TO THE 209
PATIENT FOR THE SAME CONDITION; 210
(5) A physician or surgeon residing on the border of a 213
neighboring CONTIGUOUS state and authorized under the laws 214
thereof to practice medicine and surgery therein, whose practice 215
extends within the limits of this state; provided equal rights 216
and privileges are accorded by such neighboring state to the 218
physicians and surgeons residing on the border of this state 219
contiguous to such neighboring state. Such practitioner shall 220
not EITHER IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION, 221
INCLUDING ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, open an 222
office or appoint a place to see patients or receive calls within 224
the limits of this state.
(B)(6) A BOARD, COMMITTEE, OR CORPORATION ENGAGED IN THE 226
CONDUCT DESCRIBED IN DIVISION (A) OF SECTION 2305.25 OF THE 228
REVISED CODE WHEN ACTING WITHIN THE SCOPE OF THE FUNCTIONS OF THE 229
BOARD, COMMITTEE, OR CORPORATION;
(7) THE CONDUCT OF AN INDEPENDENT REVIEW ORGANIZATION 231
ACCREDITED BY THE SUPERINTENDENT OF INSURANCE UNDER SECTION 232
3901.80 OF THE REVISED CODE FOR THE PURPOSE OF EXTERNAL REVIEWS 233
CONDUCTED UNDER SECTIONS 1751.84, 1751.85, 3923.67, 3923.68, 234
3923.76, AND 3923.77 OF THE REVISED CODE. 235
(B) Sections 4731.51 to 4731.61 of the Revised Code do not 237
apply to any graduate of a podiatric school or college while 238
performing those acts that may be prescribed by or incidental to 239
participation in an accredited podiatric internship, residency, 240
or fellowship program situated in this state approved by the 241
state medical board. 242
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(C) THE EXEMPTIONS DESCRIBED IN DIVISIONS (B)(3), (4), AND 245
(5) OF THIS SECTION DO NOT APPLY TO A PHYSICIAN OR SURGEON WHOSE 246
CERTIFICATE TO PRACTICE ISSUED UNDER THIS CHAPTER IS UNDER 247
SUSPENSION OR HAS BEEN REVOKED BY ACTION OF THE STATE MEDICAL 249
BOARD.
Section 2. That existing sections 4731.34, 4731.341, and 251
4731.36 of the Revised Code are hereby repealed. 252
Section 3. The amendments made by this act to sections 254
4731.34, 4731.341, and 4731.36 of the Revised Code are not 255
intended to modify division (D) of section 1751.08 of the Revised 256
Code or Ohio Attorney General Opinion 99-044.