As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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
TIBERI-OGG-GARDNER-METZGER-LOGAN-FLANNERY-PERRY-HOOPS-REDFERN- 10
VERICH 11
_________________________________________________________________ 12
A B I L L
To amend sections 4731.34, 4731.341, and 4731.36 of 15
the Revised Code to specify that the practice of 16
medicine in this state includes certain
activities performed in person or through the use 17
of any communication, including oral, written, or 18
electronic communication, and to modify the
exceptions to the law governing physician 19
licensure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 4731.34, 4731.341, and 4731.36 of 23
the Revised Code be amended to read as follows: 24
Sec. 4731.34. (A) A person shall be regarded as 33
practicing medicine, surgery, or podiatry, within the meaning of 35
this chapter, who uses DOES ANY OF THE FOLLOWING: 36
(1) USES the words or letters, "Dr.," "Doctor," 38
"Professor," "M.D.," "D.S.C.," "Pod. D.," "M.B. PHYSICIAN," 41
"D.O.," "D.P.M.," or any other title in connection with the 43
person's name that in any way THAT represents the person as 45
engaged in the practice of medicine, AND surgery, OSTEOPATHIC 46
MEDICINE AND SURGERY, or podiatry, in any of its branches, or who 47
examines;
(2) ADVERTISES, SOLICITS, OR REPRESENTS IN ANY WAY THAT 50
THE PERSON IS PRACTICING MEDICINE AND SURGERY, OSTEOPATHIC
2
MEDICINE AND SURGERY, OR PODIATRY, IN ANY OF ITS BRANCHES; 51
(3) IN PERSON OR, REGARDLESS OF THE PERSON'S LOCATION, 53
THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR 55
ELECTRONIC COMMUNICATION, DOES ANY OF THE FOLLOWING: 56
(a) EXAMINES or diagnoses for compensation of any kind, or 58
prescribes DIRECT OR INDIRECT; 59
(b) PRESCRIBES, advises, recommends, administers, or 61
dispenses for compensation of any kind, direct or indirect, a 62
drug or medicine, appliance, mold or cast, application, 63
operation, or treatment, of whatever nature, for the cure or 64
relief of a wound, fracture or bodily injury, infirmity, or 65
disease, provided that the. 66
(B) THE treatment of human ills through prayer alone by a 70
practitioner of the Christian Science church, in accordance with 71
the tenets and creed of such church, shall not be regarded as the 72
practice of medicine; and, provided further that sanitary and 73
public health laws shall be complied with, no practices shall be 74
used that may be dangerous or detrimental to life or health, and 75
no person shall be denied the benefits of accepted medical and 77
surgical practices.
(C) The use of any such words, letters, or titles in any 80
connection or under any circumstances as to induce the belief
that the person who uses them is engaged in the practice of 81
medicine, AND SURGERY, OSTEOPATHIC MEDICINE AND surgery, or 82
podiatry, IN ANY OF ITS BRANCHES, is prima-facie evidence of the 84
intent of such person to represent the person as engaged in the 85
practice of medicine, AND SURGERY, OSTEOPATHIC MEDICINE AND 86
surgery, or podiatry, IN ANY OF ITS BRANCHES. 87
Sec. 4731.341. (A) The practice of medicine in all of its 97
branches or the treatment of human ailments without the use of 99
drugs or medicines and without operative surgery by any person 100
not at that time holding a valid and current certificate as 103
provided by Chapter 4723., 4725., or 4731. of the Revised Code is 104
hereby declared to be inimical to the public welfare and to 105
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constitute a public nuisance. The
(B) THE attorney general, the prosecuting attorney of any 108
county in which the offense was committed or the offender 109
resides, the state medical board, or any other person having 110
knowledge of a person engaged WHO either directly or by 111
complicity IS in the practice of medicine without having first 113
obtained a certificate to do so pursuant to such chapters 114
VIOLATION OF DIVISION (A) OF THIS SECTION, may on or after 115
January 1, 1969, in accord with provisions of the Revised Code 116
governing injunctions, maintain an action in the name of the 117
state to enjoin any person from engaging either directly or by 118
complicity in the unlawful practice of medicine in all of its 120
branches, or the treatment of human ailments without the use of 121
drugs or medicines and without operative surgery, ACTIVITY by 122
applying for an injunction in any THE FRANKLIN COUNTY court of 124
competent jurisdiction COMMON PLEAS. 125
Prior to application for such injunction, the secretary of 127
the state medical board shall notify the person allegedly engaged 128
either directly or by complicity in the unlawful practice of 129
medicine or any of its branches ACTIVITY by registered mail that 131
the secretary has received information indicating that this 132
person is so engaged. Said person shall answer the secretary 133
within thirty days showing that the person is either properly 135
licensed for the stated activity or that the person is not in 136
violation of Chapter 4723. or 4731. of the Revised Code. If the 138
answer is not forthcoming within thirty days after notice by the 139
secretary, the secretary shall request that the attorney general, 140
the prosecuting attorney of the county in which the offense was 141
committed or the offender resides, or the state medical board 142
proceed as authorized in this section. 143
Upon the filing of a verified petition in court, the court 145
shall conduct a hearing on the petition and shall give the same 146
preference to this proceeding as is given all proceedings under 147
Chapter 119. of the Revised Code, irrespective of the position of 150
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the proceeding on the calendar of the court.
Such injunction proceedings shall be in addition to, and 152
not in lieu of, all penalties and other remedies provided in 153
Chapters 4723. and 4731. of the Revised Code. 154
Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the 163
Revised Code shall not prohibit service in case of emergency, or 164
domestic administration of family remedies. Such sections 165
SECTIONS 4731.01 TO 4731.47 OF THE REVISED CODE shall not 168
apply to a ANY OF THE FOLLOWING:
(1) A commissioned medical officer of the United States 170
army, navy, or marine hospital service ARMED FORCES, AS DEFINED 171
IN SECTION 5903.11 OF THE REVISED CODE, OR AN EMPLOYEE OF THE 172
VETERANS ADMINISTRATION OF THE UNITED STATES OR THE UNITED STATES 173
PUBLIC HEALTH SERVICE in the discharge of his THE OFFICER'S OR 174
EMPLOYEE'S professional duties, or to a regularly qualified; 175
(2) A dentist AUTHORIZED UNDER CHAPTER 4715. OF THE 177
REVISED CODE TO PRACTICE DENTISTRY when engaged exclusively in 179
the practice of dentistry, or when administering anaesthetics, or 180
to a ANESTHETICS IN THE PRACTICE OF DENTISTRY; 181
(3) A physician or surgeon residing in another state or 184
territory who is a legal practitioner of medicine or surgery 185
therein, when in PROVIDING consultation with a regular 187
practitioner of this state; nor shall such sections apply to a AN 189
INDIVIDUAL HOLDING A CERTIFICATE TO PRACTICE ISSUED UNDER THIS 190
CHAPTER WHO IS RESPONSIBLE FOR THE EXAMINATION, DIAGNOSIS, AND 191
TREATMENT OF THE PATIENT WHO IS THE SUBJECT OF THE CONSULTATION, 192
IF ONE OF THE FOLLOWING APPLIES:
(a) THE PHYSICIAN OR SURGEON DOES NOT PROVIDE CONSULTATION 194
IN THIS STATE ON A REGULAR OR FREQUENT BASIS. 196
(b) THE PHYSICIAN OR SURGEON PROVIDES THE CONSULTATION 198
WITHOUT COMPENSATION OF ANY KIND, DIRECT OR INDIRECT, FOR THE 199
CONSULTATION.
(c) THE CONSULTATION IS PART OF THE CURRICULUM OF A 201
MEDICAL SCHOOL OR OSTEOPATHIC MEDICAL SCHOOL OF THIS STATE OR A 202
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PROGRAM DESCRIBED IN DIVISION (A)(2) OF SECTION 4731.291 OF THE 203
REVISED CODE.
(4) A PHYSICIAN OR SURGEON IN ANOTHER STATE OR TERRITORY 205
WHO IS A LEGAL PRACTITIONER OF MEDICINE OR SURGERY THEREIN AND 206
PROVIDED SERVICES TO A PATIENT IN THAT STATE OR TERRITORY, WHEN 207
PROVIDING, NOT LATER THAN ONE YEAR AFTER THE LAST DATE SERVICES 208
WERE PROVIDED IN ANOTHER STATE OR TERRITORY, FOLLOW-UP SERVICES 209
IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION, INCLUDING 210
ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, IN THIS STATE TO THE 211
PATIENT FOR THE SAME CONDITION; 212
(5) A physician or surgeon residing on the border of a 215
neighboring CONTIGUOUS state and authorized under the laws 216
thereof to practice medicine and surgery therein, whose practice 217
extends within the limits of this state; provided equal rights 218
and privileges are accorded by such neighboring state to the 220
physicians and surgeons residing on the border of this state 221
contiguous to such neighboring state. Such practitioner shall 222
not EITHER IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION, 223
INCLUDING ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, open an 224
office or appoint a place to see patients or receive calls within 226
the limits of this state.
(B)(6) A BOARD, COMMITTEE, OR CORPORATION ENGAGED IN THE 228
CONDUCT DESCRIBED IN DIVISION (A) OF SECTION 2305.25 OF THE 230
REVISED CODE WHEN ACTING WITHIN THE SCOPE OF THE FUNCTIONS OF THE 231
BOARD, COMMITTEE, OR CORPORATION;
(7) THE CONDUCT OF AN INDEPENDENT REVIEW ORGANIZATION 233
ACCREDITED BY THE SUPERINTENDENT OF INSURANCE UNDER SECTION 234
3901.80 OF THE REVISED CODE FOR THE PURPOSE OF EXTERNAL REVIEWS 235
CONDUCTED UNDER SECTIONS 1751.84, 1751.85, 3923.67, 3923.68, 236
3923.76, AND 3923.77 OF THE REVISED CODE. 237
(B) Sections 4731.51 to 4731.61 of the Revised Code do not 239
apply to any graduate of a podiatric school or college while 240
performing those acts that may be prescribed by or incidental to 241
participation in an accredited podiatric internship, residency, 242
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or fellowship program situated in this state approved by the 243
state medical board. 244
(C) THE EXEMPTIONS DESCRIBED IN DIVISIONS (A)(3), (4), AND 247
(5) OF THIS SECTION DO NOT APPLY TO A PHYSICIAN OR SURGEON WHOSE 248
CERTIFICATE TO PRACTICE ISSUED UNDER THIS CHAPTER IS UNDER 249
SUSPENSION OR HAS BEEN REVOKED BY ACTION OF THE STATE MEDICAL 251
BOARD.
Section 2. That existing sections 4731.34, 4731.341, and 253
4731.36 of the Revised Code are hereby repealed. 254
Section 3. The amendments made by this act to sections 256
4731.34, 4731.341, and 4731.36 of the Revised Code are not 257
intended to modify division (D) of section 1751.08 of the Revised 258
Code or Ohio Attorney General Opinion 99-044.