As Passed by the Senate

127th General Assembly
Regular Session
2007-2008
Sub. S. B. No. 245


Senator Schuring 

Cosponsors: Senators Miller, D., Spada 



A BILL
To amend sections 4762.02, 4762.03, 4762.031, 4762.04 1
to 4762.06, 4762.08 to 4762.11, 4762.13, 2
4762.131, 4762.132, 4762.15, 4762.16, and 4762.18 3
and to enact section 4762.22 of the Revised Code 4
to modify the laws regarding the practice of 5
acupuncturists.6


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

       Section 1. That sections 4762.02, 4762.03, 4762.031, 4762.04, 7
4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 4762.11, 4762.13, 8
4762.131, 4762.132, 4762.15, 4762.16, and 4762.18 be amended and 9
section 4762.22 of the Revised Code be enacted to read as follows:10

       Sec. 4762.02.  (A) Except as provided in division (B) of this 11
section, no person shall engage in the practice of acupuncture12
unless the person holds a valid certificate of registrationto 13
practice as an acupuncturist issued by the state medical board14
under this chapter.15

       (B) Division (A) of this section does not apply to the 16
following:17

       (1) A physician;18

       (2) A person who performs acupuncture as part of a training 19
program in acupuncture, but only if both of the following 20
conditions are met:21

       (a) The training program is operated by an educational22
institution that holds an effective certificate of authorization23
issued by the Ohio board of regents under section 1713.02 of the24
Revised Code or a school that holds an effective certificate of25
registration issued by the state board of career colleges and 26
schools under section 3332.05 of the Revised Code;.27

       (b) The person performs the acupuncture under the general 28
supervision of an acupuncturist who holds a certificate to 29
practice as an acupuncturist issued under this chapter and is not 30
practicing within the supervisory period required by section 31
4762.10 of the Revised Code.32

        (3) A chiropractor who holds a certificate to practice 33
acupuncture issued by the state chiropractic board under section 34
4734.283 of the Revised Code.35

       Sec. 4762.03.  (A) An individual seeking a certificate of36
registrationto practice as an acupuncturist shall file with the 37
state medical board a written application on a form prescribed 38
and supplied by the board. The application shall include all of 39
the following:40

       (1) Evidence satisfactory to the board that the applicant is 41
at least eighteen years of age and of good moral character;42

       (2) Evidence satisfactory to the board that the applicant has 43
been designated as a diplomate in acupuncture or oriental medicine44
by the national certification commission for acupuncture and45
oriental medicine and that the designation is current and active;46

       (3) Any other information the board requires.47

       (B) The board shall review all applications received under 48
this section. The board shall determine whether an applicant meets 49
the requirements to receive a certificate of registrationto 50
practice not later than sixty days after receiving a complete 51
application. The affirmative vote of not fewer than six members 52
of the board is required to determine that an applicant meets the53
requirements for a certificate.54

       (C) At the time of making application for a certificate of55
registrationto practice, the applicant shall pay the board a fee 56
of one hundred dollars, no part of which shall be returned.57

       Sec. 4762.031.  In addition to any other eligibility 58
requirement set forth in this chapter, each applicant for a 59
certificate of registrationto practice as an acupuncturist shall 60
comply with sections 4776.01 to 4776.04 of the Revised Code. The 61
state medical board shall not grant to an applicant a certificate 62
of registrationto practice as an acupuncturist unless the board, 63
in its discretion, decides that the results of the criminal 64
records check do not make the applicant ineligible for a 65
certificate issued pursuant to section 4762.04 of the Revised 66
Code.67

       Sec. 4762.04.  If the state medical board determines under 68
section 4762.03 of the Revised Code that an applicant meets the 69
requirements for a certificate of registrationto practice as an 70
acupuncturist, the secretary of the board shall register the 71
applicant as an acupuncturist and issue to the applicant a 72
certificate of registrationto practice as an acupuncturist. The 73
certificate shall expire biennially and may be renewed in 74
accordance with section 4762.06 of the Revised Code.75

       Sec. 4762.05.  Upon application by the holder of a 76
certificate of registrationto practice as an acupuncturist, the 77
state medical board shall issue a duplicate certificate to 78
replace one that is missing or damaged, to reflect a name change, 79
or for any other reasonable cause. The fee for a duplicate 80
certificate is thirty-five dollars.81

       Sec. 4762.06.  (A) A person seeking to renew a certificate of82
registrationto practice as an acupuncturist shall, on or before 83
the thirty-first day of January of each even-numbered year, apply 84
for renewal of the certificate. The state medical board shall 85
send renewal notices at least one month prior to the expiration 86
date.87

       Applications shall be submitted to the board on forms the 88
board shall prescribe and supply. Each application shall be 89
accompanied by a biennial renewal fee of one hundred dollars.90

       The applicant shall report any criminal offense that 91
constitutes grounds for refusing to issue a certificate of 92
registration under section 4762.13 of the Revised Code to which 93
the applicant has pleaded guilty, of which the applicant has been 94
found guilty, or for which the applicant has been found eligible 95
for intervention in lieu of conviction, since last signing an 96
application for a certificate of registrationto practice as an 97
acupuncturist.98

       (B) To be eligible for renewal, an acupuncturist must certify 99
to the board that the acupuncturist has maintained the 100
acupuncturist's designation as a diplomate in acupuncture or 101
Oriental medicine by the national certification commission for 102
acupuncture and oriental medicine.103

       (C) If an applicant submits a complete renewal application 104
and qualifies for renewal pursuant to division (B) of this 105
section, the board shall issue to the applicant a renewed 106
certificate of registrationto practice as an acupuncturist.107

       (D) A certificate of registrationto practice that is not 108
renewed on or before its expiration date is automatically109
suspended on its expiration date. If a certificate has been 110
suspended pursuant to this division for two years or less, the111
board shall reinstate the certificate upon an applicant's112
submission of a renewal application, the biennial renewal fee, 113
and the applicable monetary penalty. The penalty for 114
reinstatement is twenty-five dollars. If a certificate has been 115
suspended pursuant to this division for more than two years, it 116
may be restored upon an applicant's submission of a restoration 117
application, the biennial registration fee, and the applicable 118
monetary penalty and compliance with sections 4776.01 to 4776.04 119
of the Revised Code. The board shall not restore a certificate 120
to practice unless the board, in its discretion, decides that 121
the results of the criminal records check do not make the 122
applicant ineligible for a certificate issued pursuant to 123
section 4762.04 of the Revised Code. The penalty for restoration 124
is fifty dollars.125

       Sec. 4762.08.  A person who holds a certificate of 126
registrationto practice as an acupuncturist issued under this 127
chapter may use the following titles, initials, or abbreviations, 128
or the equivalent of such titles, initials, or abbreviations, to 129
identify the person as an acupuncturist: "Acupuncturist,"130
"RegisteredLicensed Acupuncturist," "R. Ac.," "Reg. Ac.,"131
"Certified Acupuncturist," "C.A.," "C. Ac.,""L.Ac.," "Diplomate 132
of Acupuncture (NCCAOM)," "Dipl. Ac. (NCCAOM)," or "National133
Board Certified in Acupuncture (NCCAOM)." The person shall not 134
use other titles, initials, or abbreviations in conjunction with 135
the person's practice of acupuncture, including the title 136
"doctor."137

       Sec. 4762.09.  An acupuncturist who holds a certificate of 138
registrationto practice issued under this chapter shall 139
conspicuously display at the acupuncturist's primary place of 140
business both of the following:141

       (A) The acupuncturist's certificate of registration, as 142
evidence that the acupuncturist is authorized to practice143
acupuncture in this state;144

       (B) A notice specifying that the practice of acupuncture 145
under the certificate of registration is regulated by the state 146
medical board and the address and telephone number of the board's 147
office.148

       Sec. 4762.10. All(A) On receipt of an initial certificate 149
to practice as an acupuncturist issued under this chapter, the 150
acupuncturist's practice is subject to a supervisory period. The 151
length of the supervisory period shall be determined as follows:152

       (1) The supervisory period shall end one year after the 153
initial certificate to practice was issued, if during that year 154
the state medical board has not taken disciplinary action against 155
the acupuncturist pursuant to section 4762.13 of the Revised Code.156

       (2) The supervisory period shall end two years after the 157
initial certificate to practice was issued, if during the first 158
year after the certificate was issued the state medical board has 159
issued a final order imposing disciplinary action against the 160
acupuncturist pursuant to section 4762.13 of the Revised Code and 161
the form of disciplinary action imposed allows the acupuncturist 162
to continue practicing.163

       (B) During an acupuncturist's supervisory period, both of 164
the following apply to the acupuncturist's practice of a person 165
who holds a certificate of registration as an acupuncturist 166
issued under this chapterin addition to the requirements of 167
division (D) of this section:168

       (A)(1) The acupuncturist shall perform acupuncture for a 169
patient only if the patient has received a written referral or170
prescription for acupuncture from a physician or chiropractor. As 171
specified in the referral or prescription, the acupuncturist shall 172
provide reports to the physician or chiropractor on the patient's 173
condition or progress in treatment and comply with the conditions 174
or restrictions on the acupuncturist's course of treatment.175

       (B)(2) The acupuncturist shall perform acupuncture under the176
general supervision of the patient's referring or prescribing 177
physician or chiropractor. General supervision does not require 178
that the acupuncturist and physician or chiropractor practice in 179
the same office.180

       (C) After an acupuncturist's supervisory period has ended, 181
both of the following apply to the acupuncturist's practice in 182
addition to the applicable requirements of division (D) of this 183
section:184

       (1) Before treating a patient for a particular condition, the 185
acupuncturist shall confirm whether the patient has undergone 186
within the past six months a diagnostic examination that was 187
related to the condition for which the patient is seeking 188
acupuncture and was performed by a physician or chiropractor 189
acting within the physician or chiropractor's scope of practice. 190
Confirmation that the diagnostic examination was performed may be 191
made by obtaining from the patient a signed form stating that the 192
patient has undergone the examination.193

       (2) If the patient does not provide the signed form specified 194
in division (C)(1) of this section or the acupuncturist otherwise 195
determines that the patient has not undergone the diagnostic 196
examination specified in that division, the acupuncturist shall 197
provide to the patient a written recommendation to undergo a 198
diagnostic examination by a physician or chiropractor.199

       (D) In the practice of acupuncture pursuant to a certificate 200
to practice issued under this chapter, all of the following 201
apply:202

       (1) Prior to treating a patient, the acupuncturist shall203
advise the patient that acupuncture is not a substitute for 204
conventional medical diagnosis and treatment.205

       (D)(2) On initially meeting a patient in person, the206
acupuncturist shall provide in writing the acupuncturist's name, 207
business address, and business telephone number, and information 208
on acupuncture, including the techniques that are used.209

       (E)(3) While treating a patient, the acupuncturist shall not 210
make a diagnosis. If a patient's condition is not improving or a 211
patient requires emergency medical treatment, the acupuncturist 212
shall consult promptly with a physician.213

       (F) An(4) The acupuncturist shall maintain records for each214
patient treated. In each patient's records, the acupuncturist 215
shall include the written referral or prescription pursuant to 216
which the acupuncturist is treating the patient. The records 217
shall be confidential and shall be retained for not less than 218
three years following termination of treatment.219

       During an acupuncturist's supervisory period, the 220
acupuncturist shall include in a patient's records the written 221
referral or prescription pursuant to which the acupuncturist is 222
treating the patient.223

       Sec. 4762.11.  All of the following apply to an 224
acupuncturist's supervisinga physician or chiropractor for a225
patientsupervising an acupuncturist during the acupuncturist's 226
supervisory period required by section 4762.10 of the Revised 227
Code:228

       (A) Before making the referral or prescription for 229
acupuncture, the physician shall perform a medical diagnostic 230
examination of the patient or review the results of a medical 231
diagnostic examination recently performed by another physician, 232
or, in the case of a chiropractor, the chiropractor shall perform 233
a chiropractic diagnostic examination of the patient or review the 234
results of a chiropractic diagnostic examination recently 235
performed by another chiropractor.236

       (B) The physician or chiropractor shall make the referral or 237
prescription in writing and specify in the referral or 238
prescription all of the following:239

       (1) The physician's or chiropractor's diagnosis of the 240
ailment or condition that is to be treated by acupuncture;241

       (2) A time by which or the intervals at which the 242
acupuncturist must provide reports to the physician or 243
chiropractor regarding the patient's condition or progress in 244
treatment;245

       (3) The conditions or restrictions placed in accordance with 246
division (C) of this section on the acupuncturist's course of 247
treatment.248

       (C) The physician shall place conditions or restrictions on 249
the acupuncturist's course of treatment in compliance with 250
accepted or prevailing standards of medical care, or, in the case 251
of a chiropractor, the chiropractor shall place conditions or 252
restrictions on the acupuncturist's course of treatment in 253
compliance with accepted or prevailing standards of chiropractic 254
care.255

       (D) The physician or chiropractor shall be personally 256
available for consultation with the acupuncturist. If the257
physician or chiropractor is not on the premises at which258
acupuncture is performed, the physician or chiropractor shall be 259
readily available to the acupuncturist through some means of 260
telecommunication and be in a location that under normal261
circumstances is not more than sixty minutes travel time away from 262
the location where the acupuncturist is practicing.263

       Sec. 4762.13.  (A) The state medical board, by an affirmative 264
vote of not fewer than six members, may revoke or may refuse to265
grant a certificate of registrationto practice as an 266
acupuncturist to a person found by the board to have committed 267
fraud, misrepresentation, or deception in applying for or securing 268
the certificate.269

       (B) The board, by an affirmative vote of not fewer than six 270
members, shall, to the extent permitted by law, limit, revoke, or 271
suspend an individual's certificate of registrationto practice as 272
an acupuncturist, refuse to issue a certificate to an applicant, 273
refuse to reinstate a certificate, or reprimand or place on 274
probation the holder of a certificate for any of the following 275
reasons:276

       (1) Permitting the holder's name or certificate to be used 277
by another person;278

       (2) Failure to comply with the requirements of this chapter, 279
Chapter 4731. of the Revised Code, or any rules adopted by the 280
board;281

       (3) Violating or attempting to violate, directly or282
indirectly, or assisting in or abetting the violation of, or283
conspiring to violate, any provision of this chapter, Chapter 284
4731. of the Revised Code, or the rules adopted by the board;285

       (4) A departure from, or failure to conform to, minimal 286
standards of care of similar practitioners under the same or 287
similar circumstances whether or not actual injury to the patient 288
is established;289

       (5) Inability to practice according to acceptable and 290
prevailing standards of care by reason of mental illness or 291
physical illness, including physical deterioration that adversely 292
affects cognitive, motor, or perceptive skills;293

       (6) Impairment of ability to practice according to acceptable 294
and prevailing standards of care because of habitual or excessive 295
use or abuse of drugs, alcohol, or other substances that impair 296
ability to practice;297

       (7) Willfully betraying a professional confidence;298

       (8) Making a false, fraudulent, deceptive, or misleading 299
statement in soliciting or advertising for patients or in securing 300
or attempting to secure a certificate of registration to practice 301
as an acupuncturist.302

       As used in this division, "false, fraudulent, deceptive, or 303
misleading statement" means a statement that includes a 304
misrepresentation of fact, is likely to mislead or deceive because 305
of a failure to disclose material facts, is intended or is likely 306
to create false or unjustified expectations of favorable results, 307
or includes representations or implications that in reasonable 308
probability will cause an ordinarily prudent person to 309
misunderstand or be deceived.310

       (9) Representing, with the purpose of obtaining compensation 311
or other advantage personally or for any other person, that an 312
incurable disease or injury, or other incurable condition, can be 313
permanently cured;314

       (10) The obtaining of, or attempting to obtain, money or a315
thing of value by fraudulent misrepresentations in the course of 316
practice;317

       (11) A plea of guilty to, a judicial finding of guilt of, or 318
a judicial finding of eligibility for intervention in lieu of 319
conviction for, a felony;320

       (12) Commission of an act that constitutes a felony in this 321
state, regardless of the jurisdiction in which the act was322
committed;323

       (13) A plea of guilty to, a judicial finding of guilt of, or 324
a judicial finding of eligibility for intervention in lieu of 325
conviction for, a misdemeanor committed in the course of practice;326

       (14) A plea of guilty to, a judicial finding of guilt of, or 327
a judicial finding of eligibility for intervention in lieu of 328
conviction for, a misdemeanor involving moral turpitude;329

       (15) Commission of an act in the course of practice that 330
constitutes a misdemeanor in this state, regardless of the 331
jurisdiction in which the act was committed;332

       (16) Commission of an act involving moral turpitude that 333
constitutes a misdemeanor in this state, regardless of the 334
jurisdiction in which the act was committed;335

       (17) A plea of guilty to, a judicial finding of guilt of, or 336
a judicial finding of eligibility for intervention in lieu of 337
conviction for violating any state or federal law regulating the 338
possession, distribution, or use of any drug, including 339
trafficking in drugs;340

       (18) Any of the following actions taken by the state agency 341
responsible for regulating the practice of acupuncture in another342
jurisdiction, for any reason other than the nonpayment of fees: 343
the limitation, revocation, or suspension of an individual's344
license to practice; acceptance of an individual's license 345
surrender; denial of a license; refusal to renew or reinstate a 346
license; imposition of probation; or issuance of an order of 347
censure or other reprimand;348

       (19) Violation of the conditions placed by the board on a 349
certificate of registrationto practice as an acupuncturist;350

       (20) Failure to use universal blood and body fluid351
precautions established by rules adopted under section 4731.051 of 352
the Revised Code;353

       (21) Failure to cooperate in an investigation conducted by354
the board under section 4762.14 of the Revised Code, including 355
failure to comply with a subpoena or order issued by the board or 356
failure to answer truthfully a question presented by the board at 357
a deposition or in written interrogatories, except that failure to 358
cooperate with an investigation shall not constitute grounds for 359
discipline under this section if a court of competent jurisdiction 360
has issued an order that either quashes a subpoena or permits the 361
individual to withhold the testimony or evidence in issue;362

       (22) Failure to comply with the standards of the national 363
certification commission for acupuncture and oriental medicine 364
regarding professional ethics, commitment to patients, commitment 365
to the profession, and commitment to the public;366

       (23) Failure to have adequate professional liability 367
insurance coverage in accordance with section 4762.22 of the 368
Revised Code.369

       (C) Disciplinary actions taken by the board under divisions370
(A) and (B) of this section shall be taken pursuant to an371
adjudication under Chapter 119. of the Revised Code, except that 372
in lieu of an adjudication, the board may enter into a consent 373
agreement with an acupuncturist or applicant to resolve an374
allegation of a violation of this chapter or any rule adopted375
under it. A consent agreement, when ratified by an affirmative 376
vote of not fewer than six members of the board, shall constitute 377
the findings and order of the board with respect to the matter 378
addressed in the agreement. If the board refuses to ratify a 379
consent agreement, the admissions and findings contained in the 380
consent agreement shall be of no force or effect.381

       (D) For purposes of divisions (B)(12), (15), and (16) of this 382
section, the commission of the act may be established by a finding 383
by the board, pursuant to an adjudication under Chapter 119. of 384
the Revised Code, that the applicant or certificate holder 385
committed the act in question. The board shall have no386
jurisdiction under these divisions in cases where the trial court387
renders a final judgment in the certificate holder's favor and388
that judgment is based upon an adjudication on the merits. The389
board shall have jurisdiction under these divisions in cases where 390
the trial court issues an order of dismissal upon technical or 391
procedural grounds.392

       (E) The sealing of conviction records by any court shall have393
no effect upon a prior board order entered under the provisions of 394
this section or upon the board's jurisdiction to take action under 395
the provisions of this section if, based upon a plea of guilty, a 396
judicial finding of guilt, or a judicial finding of eligibility397
for intervention in lieu of conviction, the board issued a notice 398
of opportunity for a hearing prior to the court's order to seal 399
the records. The board shall not be required to seal, destroy, 400
redact, or otherwise modify its records to reflect the court's 401
sealing of conviction records.402

       (F) For purposes of this division, any individual who holds a 403
certificate of registrationto practice issued under this chapter, 404
or applies for a certificate of registrationto practice, shall405
be deemed to have given consent to submit to a mental or physical 406
examination when directed to do so in writing by the board and to 407
have waived all objections to the admissibility of testimony or 408
examination reports that constitute a privileged communication.409

       (1) In enforcing division (B)(5) of this section, the board, 410
upon a showing of a possible violation, may compel any individual 411
who holds a certificate of registrationto practice issued under 412
this chapter or who has applied for a certificate of registration413
pursuant to this chapter to submit to a mental examination, 414
physical examination, including an HIV test, or both a mental and 415
physical examination. The expense of the examination is the 416
responsibility of the individual compelled to be examined. 417
Failure to submit to a mental or physical examination or consent 418
to an HIV test ordered by the board constitutes an admission of419
the allegations against the individual unless the failure is due 420
to circumstances beyond the individual's control, and a default 421
and final order may be entered without the taking of testimony or 422
presentation of evidence. If the board finds an acupuncturist 423
unable to practice because of the reasons set forth in division424
(B)(5) of this section, the board shall require the acupuncturist 425
to submit to care, counseling, or treatment by physicians approved 426
or designated by the board, as a condition for an initial, 427
continued, reinstated, or renewed certificate of registrationto 428
practice. An individual affected by this division shall be 429
afforded an opportunity to demonstrate to the board the ability 430
to resume practicing in compliance with acceptable and prevailing 431
standards of care.432

       (2) For purposes of division (B)(6) of this section, if the 433
board has reason to believe that any individual who holds a 434
certificate of registrationto practice issued under this chapter435
or any applicant for a certificate of registration suffers such436
impairment, the board may compel the individual to submit to a437
mental or physical examination, or both. The expense of the438
examination is the responsibility of the individual compelled to 439
be examined. Any mental or physical examination required under 440
this division shall be undertaken by a treatment provider or 441
physician qualified to conduct such examination and chosen by the 442
board.443

       Failure to submit to a mental or physical examination ordered 444
by the board constitutes an admission of the allegations against 445
the individual unless the failure is due to circumstances beyond 446
the individual's control, and a default and final order may be 447
entered without the taking of testimony or presentation of 448
evidence. If the board determines that the individual's ability to 449
practice is impaired, the board shall suspend the individual's 450
certificate or deny the individual's application and shall require 451
the individual, as a condition for an initial, continued,452
reinstated, or renewed certificate of registration, to submit to453
treatment.454

       Before being eligible to apply for reinstatement of a455
certificate suspended under this division, the acupuncturist 456
shall demonstrate to the board the ability to resume practice in 457
compliance with acceptable and prevailing standards of care. The 458
demonstration shall include the following:459

       (a) Certification from a treatment provider approved under 460
section 4731.25 of the Revised Code that the individual has 461
successfully completed any required inpatient treatment;462

       (b) Evidence of continuing full compliance with an aftercare 463
contract or consent agreement;464

       (c) Two written reports indicating that the individual's 465
ability to practice has been assessed and that the individual has 466
been found capable of practicing according to acceptable and467
prevailing standards of care. The reports shall be made by468
individuals or providers approved by the board for making such469
assessments and shall describe the basis for their determination.470

       The board may reinstate a certificate suspended under this 471
division after such demonstration and after the individual has 472
entered into a written consent agreement.473

       When the impaired acupuncturist resumes practice, the board 474
shall require continued monitoring of the acupuncturist. The475
monitoring shall include monitoring of compliance with the written476
consent agreement entered into before reinstatement or with477
conditions imposed by board order after a hearing, and, upon478
termination of the consent agreement, submission to the board for479
at least two years of annual written progress reports made under480
penalty of falsification stating whether the acupuncturist has 481
maintained sobriety.482

       (G) If the secretary and supervising member determine that 483
there is clear and convincing evidence that an acupuncturist has 484
violated division (B) of this section and that the individual's 485
continued practice presents a danger of immediate and serious harm 486
to the public, they may recommend that the board suspend the 487
individual's certificate of registrationto practice without a 488
prior hearing. Written allegations shall be prepared for489
consideration by the board.490

       The board, upon review of the allegations and by an491
affirmative vote of not fewer than six of its members, excluding 492
the secretary and supervising member, may suspend a certificate493
without a prior hearing. A telephone conference call may be494
utilized for reviewing the allegations and taking the vote on the 495
summary suspension.496

       The board shall issue a written order of suspension by497
certified mail or in person in accordance with section 119.07 of498
the Revised Code. The order shall not be subject to suspension by 499
the court during pendency of any appeal filed under section 119.12 500
of the Revised Code. If the acupuncturist requests an adjudicatory501
hearing by the board, the date set for the hearing shall be within 502
fifteen days, but not earlier than seven days, after the503
acupuncturist requests the hearing, unless otherwise agreed to by 504
both the board and the certificate holder.505

       A summary suspension imposed under this division shall remain 506
in effect, unless reversed on appeal, until a final adjudicative 507
order issued by the board pursuant to this section and Chapter 508
119. of the Revised Code becomes effective. The board shall issue 509
its final adjudicative order within sixty days after completion of 510
its hearing. Failure to issue the order within sixty days shall 511
result in dissolution of the summary suspension order, but shall 512
not invalidate any subsequent, final adjudicative order.513

       (H) If the board takes action under division (B)(11), (13), 514
or (14) of this section, and the judicial finding of guilt, guilty 515
plea, or judicial finding of eligibility for intervention in lieu 516
of conviction is overturned on appeal, upon exhaustion of the 517
criminal appeal, a petition for reconsideration of the order may 518
be filed with the board along with appropriate court documents. 519
Upon receipt of a petition and supporting court documents, the 520
board shall reinstate the certificate of registrationto practice. 521
The board may then hold an adjudication under Chapter 119. of the522
Revised Code to determine whether the individual committed the act 523
in question. Notice of opportunity for hearing shall be given in 524
accordance with Chapter 119. of the Revised Code. If the board 525
finds, pursuant to an adjudication held under this division, that 526
the individual committed the act, or if no hearing is requested, 527
it may order any of the sanctions specified in division (B) of 528
this section.529

       (I) The certificate of registrationto practice of an530
acupuncturist and the acupuncturist's practice in this state are 531
automatically suspended as of the date the acupuncturist pleads 532
guilty to, is found by a judge or jury to be guilty of, or is 533
subject to a judicial finding of eligibility for intervention in 534
lieu of conviction in this state or treatment or intervention in 535
lieu of conviction in another jurisdiction for any of the536
following criminal offenses in this state or a substantially 537
equivalent criminal offense in another jurisdiction: aggravated 538
murder, murder, voluntary manslaughter, felonious assault, 539
kidnapping, rape, sexual battery, gross sexual imposition, 540
aggravated arson, aggravated robbery, or aggravated burglary. 541
Continued practice after the suspension shall be considered 542
practicing without a certificate.543

       The board shall notify the individual subject to the 544
suspension by certified mail or in person in accordance with 545
section 119.07 of the Revised Code. If an individual whose546
certificate is suspended under this division fails to make a547
timely request for an adjudication under Chapter 119. of the 548
Revised Code, the board shall enter a final order permanently 549
revoking the individual's certificate of registrationto practice.550

       (J) In any instance in which the board is required by Chapter 551
119. of the Revised Code to give notice of opportunity for hearing 552
and the individual subject to the notice does not timely request a 553
hearing in accordance with section 119.07 of the Revised Code, the 554
board is not required to hold a hearing, but may adopt, by an 555
affirmative vote of not fewer than six of its members, a final 556
order that contains the board's findings. In the final order, the 557
board may order any of the sanctions identified under division (A) 558
or (B) of this section.559

       (K) Any action taken by the board under division (B) of this 560
section resulting in a suspension shall be accompanied by a 561
written statement of the conditions under which the 562
acupuncturist's certificate to practice may be reinstated. The 563
board shall adopt rules in accordance with Chapter 119. of the 564
Revised Code governing conditions to be imposed for565
reinstatement. Reinstatement of a certificate suspended pursuant566
to division (B) of this section requires an affirmative vote of 567
not fewer than six members of the board.568

       (L) When the board refuses to grant a certificate of 569
registrationto practice as an acupuncturist to an applicant,570
revokes an individual's certificate of registration, refuses to 571
renew a certificate of registration, or refuses to reinstate an 572
individual's certificate of registration, the board may specify 573
that its action is permanent. An individual subject to a 574
permanent action taken by the board is forever thereafter 575
ineligible to hold a certificate of registrationto practice as 576
an acupuncturist and the board shall not accept an application for 577
reinstatement of the certificate or for issuance of a new 578
certificate.579

       (M) Notwithstanding any other provision of the Revised Code, 580
all of the following apply:581

       (1) The surrender of a certificate of registrationto 582
practice as an acupuncturist issued under this chapter is not 583
effective unless or until accepted by the board. Reinstatement of 584
a certificate surrendered to the board requires an affirmative585
vote of not fewer than six members of the board.586

       (2) An application made under this chapter for a certificate 587
of registration may not be withdrawn without approval of the 588
board.589

       (3) Failure by an individual to renew a certificate of 590
registration in accordance with section 4762.06 of the Revised 591
Code shall not remove or limit the board's jurisdiction to take 592
disciplinary action under this section against the individual.593

       Sec. 4762.131.  On receipt of a notice pursuant to section 594
2301.373 of the Revised Code, the state medical board shall comply595
with that section with respect to a certificate of registrationto 596
practice as an acupuncturist issued pursuant to this chapter.597

       Sec. 4762.132.  If the state medical board has reason to598
believe that any person who has been granted a certificate under599
this chapter a certificate to practice as an acupuncturist is 600
mentally ill or mentally incompetent, it may file in the probate 601
court of the county in which the person has a legal residence an 602
affidavit in the form prescribed in section 5122.11 of the 603
Revised Code and signed by the board secretary or a member of the 604
board secretary's staff, whereupon the same proceedings shall be 605
had as provided in Chapter 5122. of the Revised Code. The attorney 606
general may represent the board in any proceeding commenced under 607
this section.608

       If any person who has been granted a certificate is adjudged 609
by a probate court to be mentally ill or mentally incompetent, the 610
person's certificate shall be automatically suspended until the 611
person has filed with the state medical board a certified copy of 612
an adjudication by a probate court of the person's subsequent 613
restoration to competency or has submitted to the board proof, 614
satisfactory to the board, that the person has been discharged as 615
having a restoration to competency in the manner and form 616
provided in section 5122.38 of the Revised Code. The judge of the 617
probate court shall forthwith notify the state medical board of 618
an adjudication of mental illness or mental incompetence, and 619
shall note any suspension of a certificate in the margin of the 620
court's record of such certificate.621

       Sec. 4762.15.  (A) As used in this section, "prosecutor" has 622
the same meaning as in section 2935.01 of the Revised Code.623

       (B) Whenever any person holding a valid certificate to 624
practice as an acupuncturist issued pursuant to this chapter625
pleads guilty to, is subject to a judicial finding of guilt of, 626
or is subject to a judicial finding of eligibility for 627
intervention in lieu of conviction for a violation of Chapter 628
2907., 2925., or 3719. of the Revised Code or of any 629
substantively comparable ordinance of a municipal corporation in 630
connection with the person's practice, the prosecutor in the case, 631
on forms prescribed and provided by the state medical board, 632
shall promptly notify the board of the conviction. Within thirty 633
days of receipt of that information, the board shall initiate 634
action in accordance with Chapter 119. of the Revised Code to 635
determine whether to suspend or revoke the certificate under 636
section 4762.13 of the Revised Code.637

       (C) The prosecutor in any case against any person holding a 638
valid certificate to practice issued pursuant to this chapter, on639
forms prescribed and provided by the state medical board, shall 640
notify the board of any of the following:641

       (1) A plea of guilty to, a finding of guilt by a jury or 642
court of, or judicial finding of eligibility for intervention in 643
lieu of conviction for a felony, or a case in which the trial644
court issues an order of dismissal upon technical or procedural 645
grounds of a felony charge;646

       (2) A plea of guilty to, a finding of guilt by a jury or 647
court of, or judicial finding of eligibility for intervention in 648
lieu of conviction for a misdemeanor committed in the course of 649
practice, or a case in which the trial court issues an order of 650
dismissal upon technical or procedural grounds of a charge of a 651
misdemeanor, if the alleged act was committed in the course of 652
practice;653

       (3) A plea of guilty to, a finding of guilt by a jury or 654
court of, or judicial finding of eligibility for intervention in 655
lieu of conviction for a misdemeanor involving moral turpitude, or 656
a case in which the trial court issues an order of dismissal upon657
technical or procedural grounds of a charge of a misdemeanor 658
involving moral turpitude.659

       The report shall include the name and address of the660
certificate holder, the nature of the offense for which the661
action was taken, and the certified court documents recording the662
action.663

       Sec. 4762.16.  (A) Within sixty days after the imposition of 664
any formal disciplinary action taken by any health care facility, 665
including a hospital, health care facility operated by ana health666
insuring corporation, ambulatory surgical center, or similar667
facility, against any individual holding a valid certificate of 668
registrationto practice as an acupuncturist, the chief 669
administrator or executive officer of the facility shall report 670
to the state medical board the name of the individual, the action 671
taken by the facility, and a summary of the underlying facts 672
leading to the action taken. Upon request, the board shall be 673
provided certified copies of the patient records that were the674
basis for the facility's action. Prior to release to the board, 675
the summary shall be approved by the peer review committee that 676
reviewed the case or by the governing board of the facility.677

       The filing of a report with the board or decision not to file 678
a report, investigation by the board, or any disciplinary action679
taken by the board, does not preclude a health care facility from 680
taking disciplinary action against an acupuncturist.681

       In the absence of fraud or bad faith, no individual or entity 682
that provides patient records to the board shall be liable in 683
damages to any person as a result of providing the records.684

       (B) An acupuncturist, professional association or society of 685
acupuncturists, physician, or professional association or society 686
of physicians that believes a violation of any provision of this 687
chapter, Chapter 4731. of the Revised Code, or rule of the board 688
has occurred shall report to the board the information upon which 689
the belief is based. This division does not require any treatment 690
provider approved by the board under section 4731.25 of the 691
Revised Code or any employee, agent, or representative of such a692
provider to make reports with respect to an acupuncturist693
participating in treatment or aftercare for substance abuse as 694
long as the acupuncturist maintains participation in accordance 695
with the requirements of section 4731.25 of the Revised Code and 696
the treatment provider or employee, agent, or representative of 697
the provider has no reason to believe that the acupuncturist has 698
violated any provision of this chapter or rule adopted under it, 699
other than being impaired by alcohol, drugs, or other substances. 700
This division does not require reporting by any member of an 701
impaired practitioner committee established by a health care702
facility or by any representative or agent of a committee or 703
program sponsored by a professional association or society of 704
acupuncturists to provide peer assistance to acupuncturists with 705
substance abuse problems with respect to an acupuncturist who has 706
been referred for examination to a treatment program approved by 707
the board under section 4731.25 of the Revised Code if the708
acupuncturist cooperates with the referral for examination and 709
with any determination that the acupuncturist should enter 710
treatment and as long as the committee member, representative, or 711
agent has no reason to believe that the acupuncturist has ceased 712
to participate in the treatment program in accordance with section713
4731.25 of the Revised Code or has violated any provision of this 714
chapter or rule adopted under it, other than being impaired by 715
alcohol, drugs, or other substances.716

       (C) Any professional association or society composed 717
primarily of acupuncturists that suspends or revokes an 718
individual's membership for violations of professional ethics, or 719
for reasons of professional incompetence or professional720
malpractice, within sixty days after a final decision, shall721
report to the board, on forms prescribed and provided by the722
board, the name of the individual, the action taken by the 723
professional organization, and a summary of the underlying facts 724
leading to the action taken.725

       The filing of a report with the board or decision not to file 726
a report, investigation by the board, or any disciplinary action 727
taken by the board, does not preclude a professional organization 728
from taking disciplinary action against an acupuncturist.729

       (D) Any insurer providing professional liability insurance to 730
any person holding a valid certificate of registrationto practice731
as an acupuncturist or any other entity that seeks to indemnify 732
the professional liability of an acupuncturist shall notify the 733
board within thirty days after the final disposition of any 734
written claim for damages where such disposition results in a 735
payment exceeding twenty-five thousand dollars. The notice shall 736
contain the following information:737

       (1) The name and address of the person submitting the738
notification;739

       (2) The name and address of the insured who is the subject of 740
the claim;741

       (3) The name of the person filing the written claim;742

       (4) The date of final disposition;743

       (5) If applicable, the identity of the court in which the 744
final disposition of the claim took place.745

       (E) The board may investigate possible violations of this 746
chapter or the rules adopted under it that are brought to its 747
attention as a result of the reporting requirements of this 748
section, except that the board shall conduct an investigation if a 749
possible violation involves repeated malpractice. As used in this 750
division, "repeated malpractice" means three or more claims for751
malpractice within the previous five-year period, each resulting752
in a judgment or settlement in excess of twenty-five thousand753
dollars in favor of the claimant, and each involving negligent754
conduct by the acupuncturist.755

       (F) All summaries, reports, and records received and 756
maintained by the board pursuant to this section shall be held in 757
confidence and shall not be subject to discovery or introduction 758
in evidence in any federal or state civil action involving an 759
acupuncturist, supervising physician, or health care facility 760
arising out of matters that are the subject of the reporting 761
required by this section. The board may use the information762
obtained only as the basis for an investigation, as evidence in a 763
disciplinary hearing against an acupuncturist or supervising 764
physician, or in any subsequent trial or appeal of a board action 765
or order.766

       The board may disclose the summaries and reports it receives 767
under this section only to health care facility committees within 768
or outside this state that are involved in credentialing or 769
recredentialing an acupuncturist or supervising physician or770
reviewing their privilege to practice within a particular 771
facility. The board shall indicate whether or not the information 772
has been verified. Information transmitted by the board shall be 773
subject to the same confidentiality provisions as when maintained 774
by the board.775

       (G) Except for reports filed by an individual pursuant to 776
division (B) of this section, the board shall send a copy of any 777
reports or summaries it receives pursuant to this section to the 778
acupuncturist. The acupuncturist shall have the right to file a779
statement with the board concerning the correctness or relevance780
of the information. The statement shall at all times accompany781
that part of the record in contention.782

       (H) An individual or entity that reports to the board or783
refers an impaired acupuncturist to a treatment provider approved 784
by the board under section 4731.25 of the Revised Code shall not 785
be subject to suit for civil damages as a result of the report, 786
referral, or provision of the information.787

       (I) In the absence of fraud or bad faith, a professional 788
association or society of acupuncturists that sponsors a committee 789
or program to provide peer assistance to an acupuncturist with 790
substance abuse problems, a representative or agent of such a 791
committee or program, and a member of the state medical board 792
shall not be held liable in damages to any person by reason of 793
actions taken to refer an acupuncturist to a treatment provider 794
approved under section 4731.25 of the Revised Code for examination 795
or treatment.796

       Sec. 4762.18.  (A) Subject to division (E) of this section, 797
the attorney general, the prosecuting attorney of any county in 798
which the offense was committed or the offender resides, the state799
medical board, or any other person having knowledge of a person800
engaged either directly or by complicity in the practice of 801
acupuncture without having first obtained a certificate of 802
registration to do so pursuant to this chapter, may, in accord 803
with provisions of the Revised Code governing injunctions, 804
maintain an action in the name of the state to enjoin any person 805
from engaging either directly or by complicity in the unlawful 806
practice of acupuncture by applying for an injunction in any court 807
of competent jurisdiction.808

       (B) Prior to application for an injunction under division (A) 809
of this section, the secretary of the state medical board shall 810
notify the person allegedly engaged either directly or by 811
complicity in the unlawful practice of acupuncture by registered 812
mail that the secretary has received information indicating that 813
this person is so engaged. The person shall answer the secretary 814
within thirty days showing that the person is either properly 815
licensed for the stated activity or that the person is not in816
violation of this chapter. If the answer is not forthcoming within 817
thirty days after notice by the secretary, the secretary shall 818
request that the attorney general, the prosecuting attorney of the 819
county in which the offense was committed or the offender resides, 820
or the state medical board proceed as authorized in this section.821

       (C) Upon the filing of a verified petition in court, the 822
court shall conduct a hearing on the petition and shall give the 823
same preference to this proceeding as is given all proceedings 824
under Chapter 119. of the Revised Code, irrespective of the825
position of the proceeding on the calendar of the court.826

       (D) Injunction proceedings as authorized by this section 827
shall be in addition to, and not in lieu of, all penalties and 828
other remedies provided in this chapter.829

       (E) An injunction proceeding permitted by division (A) of 830
this section may not be maintained against a person described in 831
division (B) of section 4762.02 of the Revised Code or a 832
chiropractor who holds a valid certificate to practice acupuncture 833
issued under section 4734.283 of the Revised Code.834

       Sec. 4762.22.  An acupuncturist who holds a certificate to 835
practice issued under this chapter shall have professional 836
liability insurance coverage in an amount that is not less than 837
five hundred thousand dollars.838

       Section 2.  That existing sections 4762.02, 4762.03, 839
4762.031, 4762.04, 4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 840
4762.11, 4762.13, 4762.131, 4762.132, 4762.15, 4762.16, and 841
4762.18 of the Revised Code are hereby repealed.842