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           

                                                          2      


                                                                 
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          

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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.                                                                   

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
      (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.