As Reported by the House Health Committee

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


Senator Schuring 

Cosponsors: Senators Miller, D., Spada 



A BILL
To amend sections 4725.01, 4730.11, 4762.02, 4762.03, 1
4762.031, 4762.04 to 4762.06, 4762.08 to 2
4762.11, 4762.13, 4762.131, 4762.132, 4762.15, 3
4762.16, and 4762.18 and to enact section 4762.22 4
of the Revised Code to modify the laws regarding 5
the practice of acupuncturists, to specify the 6
conditions that optometrists must meet when 7
prescribing certain anti-inflammatory drugs, and 8
to provide that certain physician assistant 9
students are not required to obtain a master's 10
or higher degree as a condition of being 11
eligible to practice in Ohio.12


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

       Section 1. That sections 4725.01, 4730.11, 4762.02, 4762.03, 13
4762.031, 4762.04, 4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 14
4762.11, 4762.13, 4762.131, 4762.132, 4762.15, 4762.16, and 15
4762.18 be amended and section 4762.22 of the Revised Code be 16
enacted to read as follows:17

       Sec. 4725.01.  As used in this chapter:18

       (A)(1) The "practice of optometry" means the application of 19
optical principles, through technical methods and devices, in the 20
examination of human eyes for the purpose of ascertaining21
departures from the normal, measuring their functional powers,22
adapting optical accessories for the aid thereof, and detecting23
ocular abnormalities that may be evidence of disease, pathology,24
or injury.25

       (2) In the case of a licensed optometrist who holds a topical 26
ocular pharmaceutical agents certificate, the "practice of 27
optometry" has the same meaning as in division (A)(1) of this28
section, except that it also includes administering topical ocular 29
pharmaceutical agents.30

       (3) In the case of a licensed optometrist who holds a31
therapeutic pharmaceutical agents certificate, the "practice of32
optometry" has the same meaning as in division (A)(1) of this 33
section, except that it also includes all of the following:34

       (a) Employing, applying, administering, and prescribing 35
instruments, devices, and procedures, other than invasive 36
procedures, for purpose of examination, investigation, diagnosis, 37
treatment, or prevention of any disease, injury, or other 38
abnormal condition of the visual system;39

       (b) Employing, applying, administering, and prescribing 40
topical ocular pharmaceutical agents;41

       (c) Employing, applying, administering, and prescribing 42
therapeutic pharmaceutical agents;43

       (d) Assisting an individual in determining the individual's 44
blood glucose level by using a commercially available 45
glucose-monitoring device. Nothing in this section precludes a 46
licensed optometrist who holds a therapeutic pharmaceutical agents 47
certificate from using any particular type of commercially 48
available glucose-monitoring device.49

       (B) "Topical ocular pharmaceutical agent" means a drug or 50
dangerous drug that is a topical drug and used in the practice of 51
optometry as follows:52

       (1) In the case of a licensed optometrist who holds a topical 53
ocular pharmaceutical agents certificate, for evaluative purposes 54
in the practice of optometry as set forth in division (A)(1) of 55
this section;56

       (2) In the case of a licensed optometrist who holds a 57
therapeutic pharmaceutical agents certificate, for purposes of 58
examination, investigation, diagnosis, treatment, or prevention of 59
any disease, injury, or other abnormal condition of the visual 60
system.61

       (C) "Therapeutic pharmaceutical agent" means a drug or62
dangerous drug that is used for examination, investigation, 63
diagnosis, treatment, or prevention of any disease, injury, or 64
other abnormal condition of the visual system in the practice of 65
optometry by a licensed optometrist who holds a therapeutic 66
pharmaceutical agents certificate, and is any of the following:67

       (1) An oral drug or dangerous drug in one of the following 68
classifications:69

       (a) Anti-infectives, including antibiotics, antivirals, 70
antimicrobials, and antifungals;71

       (b) Anti-allergy agents;72

       (c) Antiglaucoma agents;73

       (d) Analgesics, including only analgesic drugs that are 74
available without a prescription, analgesic drugs or dangerous 75
drugs that require a prescription but are not controlled 76
substances, and schedule III controlled substances authorized by 77
the state board of optometry in rules adopted under section 78
4725.091 of the Revised Code;79

       (e) Anti-inflammatories, excluding all drugs or dangerous 80
drugs classified as oral steroids other than methylpredisolone, 81
which, except that methylpredisolone may be used under a 82
therapeutic pharmaceutical agents certificate only if it is 83
prescribed under all of the following conditions are met:84

       (i) The drug is prescribed forFor use in allergy cases;85

       (ii) The drug is prescribed forFor use by an individual who 86
is eighteen years of age or older;87

       (iii) The drug is prescribed onOn the basis of an 88
individual's particular episode of illness;89

       (iv) The drug is prescribed inIn an amount that does not 90
exceed the amount packaged for a single course of therapy.91

       (2) Epinephrine administered by injection to individuals in 92
emergency situations to counteract anaphylaxis or anaphylactic 93
shock. Notwithstanding any provision of this section to the 94
contrary, administration of epinephrine in this manner does not 95
constitute performance of an invasive procedure.96

       (3) An oral drug or dangerous drug that is not included under 97
division (C)(1) of this section, if the drug or dangerous drug is 98
approved, exempt from approval, certified, or exempt from 99
certification by the federal food and drug administration for 100
ophthalmic purposes and the drug or dangerous drug is specified in 101
rules adopted by the state board of optometry under section 102
4725.09 of the Revised Code.103

       (D) "Controlled substance" has the same meaning as in section 104
3719.01 of the Revised Code.105

       (E) "Drug" and "dangerous drug" have the same meanings as in106
section 4729.01 of the Revised Code.107

       (F) "Invasive procedure" means any procedure that involves108
cutting or otherwise infiltrating human tissue by mechanical means 109
including surgery, laser surgery, ionizing radiation, therapeutic 110
ultrasound, administering medication by injection, or the removal 111
of intraocular foreign bodies.112

       (G) "Visual system" means the human eye and its accessory or 113
subordinate anatomical parts.114

       (H) "Certificate of licensure" means a certificate issued by 115
the state board of optometry under section 4725.13 of the Revised 116
Code authorizing the holder to practice optometry as provided in 117
division (A)(1) of this section.118

       (I) "Topical ocular pharmaceutical agents certificate" means 119
a certificate issued by the state board of optometry under section 120
4725.13 of the Revised Code authorizing the holder to practice 121
optometry as provided in division (A)(2) of this section.122

       (J) "Therapeutic pharmaceutical agents certificate" means a 123
certificate issued by the state board of optometry under division 124
(A)(3) or (4) of section 4725.13 of the Revised Code authorizing 125
the holder to practice optometry as provided in division (A)(3) of 126
this section.127

       Sec. 4730.11.  (A) For an individual to be eligible to 128
receive a certificate to practice as a physician assistant, all of 129
the following apply:130

       (1) The applicant shall be at least eighteen years of age.131

       (2) The applicant shall be of good moral character.132

       (3) The applicant shall hold current certification by the 133
national commission on certification of physician assistants or a 134
successor organization that is recognized by the state medical 135
board.136

       (4) Effective January 1, 2008, except as provided in division 137
(B) of this section, the applicant shall meet one of the following 138
educational requirements:139

       (a) The applicant shall hold a master's or higher degree that 140
was obtained from a program accredited by the accreditation review 141
commission on education for the physician assistant or a 142
predecessor or successor organization recognized by the board;.143

       (b) The applicant shall hold a degree other than a master's 144
or higher degree that was obtained from a program accredited by 145
the accreditation review commission on education for the physician 146
assistant or a predecessor or successor organization recognized by 147
the board and shall hold a master's or higher degree in a course 148
of study with clinical relevance to the practice of physician 149
assistants that was obtained from a program accredited by a 150
regional or specialized and professional accrediting agency 151
recognized by the council for higher education accreditation.152

       (B) It is not necessary for an applicant to hold a master's 153
or higher degree as a condition of receiving a certificate to 154
practice as a physician assistant if the applicant presents 155
evidence satisfactory to the board of holding aeither of the 156
following:157

       (1) A current, valid license or other form of authority to 158
practice as a physician assistant that was issued by another 159
jurisdiction prior to January 1, 2008;160

       (2) A degree, other than a master's or higher degree, that is 161
obtained as a result of being enrolled on January 1, 2008, in a 162
program in this state that was accredited by the accreditation 163
review commission on education for the physician assistant but 164
did not grant a master's or higher degree to individuals enrolled 165
in the program on that date, and completing the program on or 166
before December 31, 2009.167

       (C) This section does not require an individual to obtain a 168
master's or higher degree as a condition of retaining or renewing 169
a certificate to practice as a physician assistant if eitherany170
of the following is the caseapply:171

       (1) Prior to January 1, 2008, the individual received a 172
certificate to practice as a physician assistant under this 173
chapter without holding a master's or higher degree.174

       (2) On or after January 1, 2008, the individual received a 175
certificate to practice as a physician assistant under this 176
chapter on the basis of holding a license issued in another 177
jurisdiction, as specified in division (B)(1) of this section.178

       (3) On or after January 1, 2008, the individual received a 179
certificate to practice as a physician assistant under this 180
chapter on the basis of obtaining a degree as specified in 181
division (B)(2) of this section.182

       Sec. 4762.02.  (A) Except as provided in division (B) of this 183
section, no person shall engage in the practice of acupuncture184
unless the person holds a valid certificate of registrationto 185
practice as an acupuncturist issued by the state medical board186
under this chapter.187

       (B) Division (A) of this section does not apply to the 188
following:189

       (1) A physician;190

       (2) A person who performs acupuncture as part of a training 191
program in acupuncture, but only if both of the following 192
conditions are met:193

       (a) The training program is operated by an educational194
institution that holds an effective certificate of authorization195
issued by the Ohio board of regents under section 1713.02 of the196
Revised Code or a school that holds an effective certificate of197
registration issued by the state board of career colleges and 198
schools under section 3332.05 of the Revised Code;.199

       (b) The person performs the acupuncture under the general 200
supervision of an acupuncturist who holds a certificate to 201
practice as an acupuncturist issued under this chapter and is not 202
practicing within the supervisory period required by section 203
4762.10 of the Revised Code.204

        (3) A chiropractor who holds a certificate to practice 205
acupuncture issued by the state chiropractic board under section 206
4734.283 of the Revised Code.207

       Sec. 4762.03.  (A) An individual seeking a certificate of208
registrationto practice as an acupuncturist shall file with the 209
state medical board a written application on a form prescribed 210
and supplied by the board. The application shall include all of 211
the following:212

       (1) Evidence satisfactory to the board that the applicant is 213
at least eighteen years of age and of good moral character;214

       (2) Evidence satisfactory to the board that the applicant has 215
been designated as a diplomate in acupuncture by the national 216
certification commission for acupuncture and oriental medicine and 217
that the designation is current and active;218

       (3) Any other information the board requires.219

       (B) The board shall review all applications received under 220
this section. The board shall determine whether an applicant meets 221
the requirements to receive a certificate of registrationto 222
practice not later than sixty days after receiving a complete 223
application. The affirmative vote of not fewer than six members 224
of the board is required to determine that an applicant meets the225
requirements for a certificate.226

       (C) At the time of making application for a certificate of227
registrationto practice, the applicant shall pay the board a fee 228
of one hundred dollars, no part of which shall be returned.229

       Sec. 4762.031.  In addition to any other eligibility 230
requirement set forth in this chapter, each applicant for a 231
certificate of registrationto practice as an acupuncturist shall 232
comply with sections 4776.01 to 4776.04 of the Revised Code. The 233
state medical board shall not grant to an applicant a certificate 234
of registrationto practice as an acupuncturist unless the board, 235
in its discretion, decides that the results of the criminal 236
records check do not make the applicant ineligible for a 237
certificate issued pursuant to section 4762.04 of the Revised 238
Code.239

       Sec. 4762.04.  If the state medical board determines under 240
section 4762.03 of the Revised Code that an applicant meets the 241
requirements for a certificate of registrationto practice as an 242
acupuncturist, the secretary of the board shall register the 243
applicant as an acupuncturist and issue to the applicant a 244
certificate of registrationto practice as an acupuncturist. The 245
certificate shall expire biennially and may be renewed in 246
accordance with section 4762.06 of the Revised Code.247

       Sec. 4762.05.  Upon application by the holder of a 248
certificate of registrationto practice as an acupuncturist, the 249
state medical board shall issue a duplicate certificate to 250
replace one that is missing or damaged, to reflect a name change, 251
or for any other reasonable cause. The fee for a duplicate 252
certificate is thirty-five dollars.253

       Sec. 4762.06.  (A) A person seeking to renew a certificate of254
registrationto practice as an acupuncturist shall, on or before 255
the thirty-first day of January of each even-numbered year, apply 256
for renewal of the certificate. The state medical board shall 257
send renewal notices at least one month prior to the expiration 258
date.259

       Applications shall be submitted to the board on forms the 260
board shall prescribe and supply. Each application shall be 261
accompanied by a biennial renewal fee of one hundred dollars.262

       The applicant shall report any criminal offense that 263
constitutes grounds for refusing to issue a certificate of 264
registration under section 4762.13 of the Revised Code to which 265
the applicant has pleaded guilty, of which the applicant has been 266
found guilty, or for which the applicant has been found eligible 267
for intervention in lieu of conviction, since last signing an 268
application for a certificate of registrationto practice as an 269
acupuncturist.270

       (B) To be eligible for renewal, an acupuncturist must certify 271
to the board that the acupuncturist has maintained the 272
acupuncturist's designation as a diplomate in acupuncture by the 273
national certification commission for acupuncture and oriental 274
medicine.275

       (C) If an applicant submits a complete renewal application 276
and qualifies for renewal pursuant to division (B) of this 277
section, the board shall issue to the applicant a renewed 278
certificate of registrationto practice as an acupuncturist.279

       (D) A certificate of registrationto practice that is not 280
renewed on or before its expiration date is automatically281
suspended on its expiration date. If a certificate has been 282
suspended pursuant to this division for two years or less, the283
board shall reinstate the certificate upon an applicant's284
submission of a renewal application, the biennial renewal fee, 285
and the applicable monetary penalty. The penalty for 286
reinstatement is twenty-five dollars. If a certificate has been 287
suspended pursuant to this division for more than two years, it 288
may be restored upon an applicant's submission of a restoration 289
application, the biennial registration fee, and the applicable 290
monetary penalty and compliance with sections 4776.01 to 4776.04 291
of the Revised Code. The board shall not restore a certificate 292
to practice unless the board, in its discretion, decides that 293
the results of the criminal records check do not make the 294
applicant ineligible for a certificate issued pursuant to 295
section 4762.04 of the Revised Code. The penalty for restoration 296
is fifty dollars.297

       Sec. 4762.08.  A person who holds a certificate of 298
registrationto practice as an acupuncturist issued under this 299
chapter may use the following titles, initials, or abbreviations, 300
or the equivalent of such titles, initials, or abbreviations, to 301
identify the person as an acupuncturist: "Acupuncturist,"302
"RegisteredLicensed Acupuncturist," "R. Ac.," "Reg. Ac.,"303
"Certified Acupuncturist," "C.A.," "C. Ac.,""L.Ac.," "Diplomate 304
of Acupuncture (NCCAOM)," "Dipl. Ac. (NCCAOM)," or "National305
Board Certified in Acupuncture (NCCAOM)." The person shall not 306
use other titles, initials, or abbreviations in conjunction with 307
the person's practice of acupuncture, including the title 308
"doctor."309

       Sec. 4762.09.  An acupuncturist who holds a certificate of 310
registrationto practice issued under this chapter shall 311
conspicuously display at the acupuncturist's primary place of 312
business both of the following:313

       (A) The acupuncturist's certificate of registration, as 314
evidence that the acupuncturist is authorized to practice315
acupuncture in this state;316

       (B) A notice specifying that the practice of acupuncture 317
under the certificate of registration is regulated by the state 318
medical board and the address and telephone number of the board's 319
office.320

       Sec. 4762.10. All(A) As used in this section, "disciplinary 321
action" means an action taken by the state medical board pursuant 322
to section 4762.13 of the Revised Code.323

       (B) The practice of an acupuncturist is subject to a 324
supervisory period if either of the following applies:325

       (1) Except as otherwise provided in division (B)(1) of this 326
section, if an acupuncturist practicing on the effective date of 327
this amendment has practiced for less than one year and is not 328
subject to any disciplinary action, supervision shall be for a 329
period beginning on the effective date of this amendment and 330
ending when the acupuncturist has practiced for one year from the 331
date the initial certificate was granted. If the acupuncturist is 332
subject to disciplinary action during that period, the supervision 333
shall continue until the acupuncturist has not been subject to any 334
disciplinary action for one year.335

       (2) Except as otherwise provided in division (B)(2) of this 336
section, if an acupuncturist is granted an initial certificate to 337
practice on or after the effective date of this amendment, the 338
supervisory period shall begin on the date the certificate is 339
granted and end one year thereafter. If the acupuncturist is 340
subject to disciplinary action during that year, the supervision 341
shall continue until the acupuncturist has not been subject to any 342
disciplinary action for one year.343

       (C) During an acupuncturist's supervisory period, both of 344
the following apply to the acupuncturist's practice of a person 345
who holds a certificate of registration as an acupuncturist 346
issued under this chapterin addition to the requirements of 347
division (E) of this section:348

       (A)(1) The acupuncturist shall perform acupuncture for a 349
patient only if the patient has received a written referral or350
prescription for acupuncture from a physician or chiropractor. As 351
specified in the referral or prescription, the acupuncturist shall 352
provide reports to the physician or chiropractor on the patient's 353
condition or progress in treatment and comply with the conditions 354
or restrictions on the acupuncturist's course of treatment.355

       (B)(2) The acupuncturist shall perform acupuncture under the356
general supervision of the patient's referring or prescribing 357
physician or chiropractor. General supervision does not require 358
that the acupuncturist and physician or chiropractor practice in 359
the same office.360

       (C)(D) After an acupuncturist's supervisory period has ended, 361
both of the following apply to the acupuncturist's practice in 362
addition to the applicable requirements of division (E) of this 363
section:364

       (1) Before treating a patient for a particular condition, the 365
acupuncturist shall confirm whether the patient has undergone 366
within the past six months a diagnostic examination that was 367
related to the condition for which the patient is seeking 368
acupuncture and was performed by a physician or chiropractor 369
acting within the physician or chiropractor's scope of practice. 370
Confirmation that the diagnostic examination was performed may be 371
made by obtaining from the patient a signed form stating that the 372
patient has undergone the examination.373

       (2) If the patient does not provide the signed form specified 374
in division (D)(1) of this section or the acupuncturist otherwise 375
determines that the patient has not undergone the diagnostic 376
examination specified in that division, the acupuncturist shall 377
provide to the patient a written recommendation to undergo a 378
diagnostic examination by a physician or chiropractor.379

       (E) In the practice of acupuncture pursuant to a certificate 380
to practice issued under this chapter, all of the following 381
apply:382

       (1) Prior to treating a patient, the acupuncturist shall383
advise the patient that acupuncture is not a substitute for 384
conventional medical diagnosis and treatment.385

       (D)(2) On initially meeting a patient in person, the386
acupuncturist shall provide in writing the acupuncturist's name, 387
business address, and business telephone number, and information 388
on acupuncture, including the techniques that are used.389

       (E)(3) While treating a patient, the acupuncturist shall not 390
make a diagnosis. If a patient's condition is not improving or a 391
patient requires emergency medical treatment, the acupuncturist 392
shall consult promptly with a physician.393

       (F) An(4) The acupuncturist shall maintain records for each394
patient treated. In each patient's records, the acupuncturist 395
shall include the written referral or prescription pursuant to 396
which the acupuncturist is treating the patient. The records 397
shall be confidential and shall be retained for not less than 398
three years following termination of treatment.399

       During an acupuncturist's supervisory period, the 400
acupuncturist shall include in a patient's records the written 401
referral or prescription pursuant to which the acupuncturist is 402
treating the patient.403

       Sec. 4762.11.  All of the following apply to an 404
acupuncturist's supervisinga physician or chiropractor for a405
patientsupervising an acupuncturist during the acupuncturist's 406
supervisory period required by section 4762.10 of the Revised 407
Code:408

       (A) Before making the referral or prescription for 409
acupuncture, the physician shall perform a medical diagnostic 410
examination of the patient or review the results of a medical 411
diagnostic examination recently performed by another physician, 412
or, in the case of a chiropractor, the chiropractor shall perform 413
a chiropractic diagnostic examination of the patient or review the 414
results of a chiropractic diagnostic examination recently 415
performed by another chiropractor.416

       (B) The physician or chiropractor shall make the referral or 417
prescription in writing and specify in the referral or 418
prescription all of the following:419

       (1) The physician's or chiropractor's diagnosis of the 420
ailment or condition that is to be treated by acupuncture;421

       (2) A time by which or the intervals at which the 422
acupuncturist must provide reports to the physician or 423
chiropractor regarding the patient's condition or progress in 424
treatment;425

       (3) The conditions or restrictions placed in accordance with 426
division (C) of this section on the acupuncturist's course of 427
treatment.428

       (C) The physician shall place conditions or restrictions on 429
the acupuncturist's course of treatment in compliance with 430
accepted or prevailing standards of medical care, or, in the case 431
of a chiropractor, the chiropractor shall place conditions or 432
restrictions on the acupuncturist's course of treatment in 433
compliance with accepted or prevailing standards of chiropractic 434
care.435

       (D) The physician or chiropractor shall be personally 436
available for consultation with the acupuncturist. If the437
physician or chiropractor is not on the premises at which438
acupuncture is performed, the physician or chiropractor shall be 439
readily available to the acupuncturist through some means of 440
telecommunication and be in a location that under normal441
circumstances is not more than sixty minutes travel time away from 442
the location where the acupuncturist is practicing.443

       Sec. 4762.13.  (A) The state medical board, by an affirmative 444
vote of not fewer than six members, may revoke or may refuse to445
grant a certificate of registrationto practice as an 446
acupuncturist to a person found by the board to have committed 447
fraud, misrepresentation, or deception in applying for or securing 448
the certificate.449

       (B) The board, by an affirmative vote of not fewer than six 450
members, shall, to the extent permitted by law, limit, revoke, or 451
suspend an individual's certificate of registrationto practice as 452
an acupuncturist, refuse to issue a certificate to an applicant, 453
refuse to reinstate a certificate, or reprimand or place on 454
probation the holder of a certificate for any of the following 455
reasons:456

       (1) Permitting the holder's name or certificate to be used 457
by another person;458

       (2) Failure to comply with the requirements of this chapter, 459
Chapter 4731. of the Revised Code, or any rules adopted by the 460
board;461

       (3) Violating or attempting to violate, directly or462
indirectly, or assisting in or abetting the violation of, or463
conspiring to violate, any provision of this chapter, Chapter 464
4731. of the Revised Code, or the rules adopted by the board;465

       (4) A departure from, or failure to conform to, minimal 466
standards of care of similar practitioners under the same or 467
similar circumstances whether or not actual injury to the patient 468
is established;469

       (5) Inability to practice according to acceptable and 470
prevailing standards of care by reason of mental illness or 471
physical illness, including physical deterioration that adversely 472
affects cognitive, motor, or perceptive skills;473

       (6) Impairment of ability to practice according to acceptable 474
and prevailing standards of care because of habitual or excessive 475
use or abuse of drugs, alcohol, or other substances that impair 476
ability to practice;477

       (7) Willfully betraying a professional confidence;478

       (8) Making a false, fraudulent, deceptive, or misleading 479
statement in soliciting or advertising for patients or in securing 480
or attempting to secure a certificate of registration to practice 481
as an acupuncturist.482

       As used in this division, "false, fraudulent, deceptive, or 483
misleading statement" means a statement that includes a 484
misrepresentation of fact, is likely to mislead or deceive because 485
of a failure to disclose material facts, is intended or is likely 486
to create false or unjustified expectations of favorable results, 487
or includes representations or implications that in reasonable 488
probability will cause an ordinarily prudent person to 489
misunderstand or be deceived.490

       (9) Representing, with the purpose of obtaining compensation 491
or other advantage personally or for any other person, that an 492
incurable disease or injury, or other incurable condition, can be 493
permanently cured;494

       (10) The obtaining of, or attempting to obtain, money or a495
thing of value by fraudulent misrepresentations in the course of 496
practice;497

       (11) A plea of guilty to, a judicial finding of guilt of, or 498
a judicial finding of eligibility for intervention in lieu of 499
conviction for, a felony;500

       (12) Commission of an act that constitutes a felony in this 501
state, regardless of the jurisdiction in which the act was502
committed;503

       (13) A plea of guilty to, a judicial finding of guilt of, or 504
a judicial finding of eligibility for intervention in lieu of 505
conviction for, a misdemeanor committed in the course of practice;506

       (14) A plea of guilty to, a judicial finding of guilt of, or 507
a judicial finding of eligibility for intervention in lieu of 508
conviction for, a misdemeanor involving moral turpitude;509

       (15) Commission of an act in the course of practice that 510
constitutes a misdemeanor in this state, regardless of the 511
jurisdiction in which the act was committed;512

       (16) Commission of an act involving moral turpitude that 513
constitutes a misdemeanor in this state, regardless of the 514
jurisdiction in which the act was committed;515

       (17) A plea of guilty to, a judicial finding of guilt of, or 516
a judicial finding of eligibility for intervention in lieu of 517
conviction for violating any state or federal law regulating the 518
possession, distribution, or use of any drug, including 519
trafficking in drugs;520

       (18) Any of the following actions taken by the state agency 521
responsible for regulating the practice of acupuncture in another522
jurisdiction, for any reason other than the nonpayment of fees: 523
the limitation, revocation, or suspension of an individual's524
license to practice; acceptance of an individual's license 525
surrender; denial of a license; refusal to renew or reinstate a 526
license; imposition of probation; or issuance of an order of 527
censure or other reprimand;528

       (19) Violation of the conditions placed by the board on a 529
certificate of registrationto practice as an acupuncturist;530

       (20) Failure to use universal blood and body fluid531
precautions established by rules adopted under section 4731.051 of 532
the Revised Code;533

       (21) Failure to cooperate in an investigation conducted by534
the board under section 4762.14 of the Revised Code, including 535
failure to comply with a subpoena or order issued by the board or 536
failure to answer truthfully a question presented by the board at 537
a deposition or in written interrogatories, except that failure to 538
cooperate with an investigation shall not constitute grounds for 539
discipline under this section if a court of competent jurisdiction 540
has issued an order that either quashes a subpoena or permits the 541
individual to withhold the testimony or evidence in issue;542

       (22) Failure to comply with the standards of the national 543
certification commission for acupuncture and oriental medicine 544
regarding professional ethics, commitment to patients, commitment 545
to the profession, and commitment to the public;546

       (23) Failure to have adequate professional liability 547
insurance coverage in accordance with section 4762.22 of the 548
Revised Code.549

       (C) Disciplinary actions taken by the board under divisions550
(A) and (B) of this section shall be taken pursuant to an551
adjudication under Chapter 119. of the Revised Code, except that 552
in lieu of an adjudication, the board may enter into a consent 553
agreement with an acupuncturist or applicant to resolve an554
allegation of a violation of this chapter or any rule adopted555
under it. A consent agreement, when ratified by an affirmative 556
vote of not fewer than six members of the board, shall constitute 557
the findings and order of the board with respect to the matter 558
addressed in the agreement. If the board refuses to ratify a 559
consent agreement, the admissions and findings contained in the 560
consent agreement shall be of no force or effect.561

       (D) For purposes of divisions (B)(12), (15), and (16) of this 562
section, the commission of the act may be established by a finding 563
by the board, pursuant to an adjudication under Chapter 119. of 564
the Revised Code, that the applicant or certificate holder 565
committed the act in question. The board shall have no566
jurisdiction under these divisions in cases where the trial court567
renders a final judgment in the certificate holder's favor and568
that judgment is based upon an adjudication on the merits. The569
board shall have jurisdiction under these divisions in cases where 570
the trial court issues an order of dismissal upon technical or 571
procedural grounds.572

       (E) The sealing of conviction records by any court shall have573
no effect upon a prior board order entered under the provisions of 574
this section or upon the board's jurisdiction to take action under 575
the provisions of this section if, based upon a plea of guilty, a 576
judicial finding of guilt, or a judicial finding of eligibility577
for intervention in lieu of conviction, the board issued a notice 578
of opportunity for a hearing prior to the court's order to seal 579
the records. The board shall not be required to seal, destroy, 580
redact, or otherwise modify its records to reflect the court's 581
sealing of conviction records.582

       (F) For purposes of this division, any individual who holds a 583
certificate of registrationto practice issued under this chapter, 584
or applies for a certificate of registrationto practice, shall585
be deemed to have given consent to submit to a mental or physical 586
examination when directed to do so in writing by the board and to 587
have waived all objections to the admissibility of testimony or 588
examination reports that constitute a privileged communication.589

       (1) In enforcing division (B)(5) of this section, the board, 590
upon a showing of a possible violation, may compel any individual 591
who holds a certificate of registrationto practice issued under 592
this chapter or who has applied for a certificate of registration593
pursuant to this chapter to submit to a mental examination, 594
physical examination, including an HIV test, or both a mental and 595
physical examination. The expense of the examination is the 596
responsibility of the individual compelled to be examined. 597
Failure to submit to a mental or physical examination or consent 598
to an HIV test ordered by the board constitutes an admission of599
the allegations against the individual unless the failure is due 600
to circumstances beyond the individual's control, and a default 601
and final order may be entered without the taking of testimony or 602
presentation of evidence. If the board finds an acupuncturist 603
unable to practice because of the reasons set forth in division604
(B)(5) of this section, the board shall require the acupuncturist 605
to submit to care, counseling, or treatment by physicians approved 606
or designated by the board, as a condition for an initial, 607
continued, reinstated, or renewed certificate of registrationto 608
practice. An individual affected by this division shall be 609
afforded an opportunity to demonstrate to the board the ability 610
to resume practicing in compliance with acceptable and prevailing 611
standards of care.612

       (2) For purposes of division (B)(6) of this section, if the 613
board has reason to believe that any individual who holds a 614
certificate of registrationto practice issued under this chapter615
or any applicant for a certificate of registration suffers such616
impairment, the board may compel the individual to submit to a617
mental or physical examination, or both. The expense of the618
examination is the responsibility of the individual compelled to 619
be examined. Any mental or physical examination required under 620
this division shall be undertaken by a treatment provider or 621
physician qualified to conduct such examination and chosen by the 622
board.623

       Failure to submit to a mental or physical examination ordered 624
by the board constitutes an admission of the allegations against 625
the individual unless the failure is due to circumstances beyond 626
the individual's control, and a default and final order may be 627
entered without the taking of testimony or presentation of 628
evidence. If the board determines that the individual's ability to 629
practice is impaired, the board shall suspend the individual's 630
certificate or deny the individual's application and shall require 631
the individual, as a condition for an initial, continued,632
reinstated, or renewed certificate of registration, to submit to633
treatment.634

       Before being eligible to apply for reinstatement of a635
certificate suspended under this division, the acupuncturist 636
shall demonstrate to the board the ability to resume practice in 637
compliance with acceptable and prevailing standards of care. The 638
demonstration shall include the following:639

       (a) Certification from a treatment provider approved under 640
section 4731.25 of the Revised Code that the individual has 641
successfully completed any required inpatient treatment;642

       (b) Evidence of continuing full compliance with an aftercare 643
contract or consent agreement;644

       (c) Two written reports indicating that the individual's 645
ability to practice has been assessed and that the individual has 646
been found capable of practicing according to acceptable and647
prevailing standards of care. The reports shall be made by648
individuals or providers approved by the board for making such649
assessments and shall describe the basis for their determination.650

       The board may reinstate a certificate suspended under this 651
division after such demonstration and after the individual has 652
entered into a written consent agreement.653

       When the impaired acupuncturist resumes practice, the board 654
shall require continued monitoring of the acupuncturist. The655
monitoring shall include monitoring of compliance with the written656
consent agreement entered into before reinstatement or with657
conditions imposed by board order after a hearing, and, upon658
termination of the consent agreement, submission to the board for659
at least two years of annual written progress reports made under660
penalty of falsification stating whether the acupuncturist has 661
maintained sobriety.662

       (G) If the secretary and supervising member determine that 663
there is clear and convincing evidence that an acupuncturist has 664
violated division (B) of this section and that the individual's 665
continued practice presents a danger of immediate and serious harm 666
to the public, they may recommend that the board suspend the 667
individual's certificate of registrationto practice without a 668
prior hearing. Written allegations shall be prepared for669
consideration by the board.670

       The board, upon review of the allegations and by an671
affirmative vote of not fewer than six of its members, excluding 672
the secretary and supervising member, may suspend a certificate673
without a prior hearing. A telephone conference call may be674
utilized for reviewing the allegations and taking the vote on the 675
summary suspension.676

       The board shall issue a written order of suspension by677
certified mail or in person in accordance with section 119.07 of678
the Revised Code. The order shall not be subject to suspension by 679
the court during pendency of any appeal filed under section 119.12 680
of the Revised Code. If the acupuncturist requests an adjudicatory681
hearing by the board, the date set for the hearing shall be within 682
fifteen days, but not earlier than seven days, after the683
acupuncturist requests the hearing, unless otherwise agreed to by 684
both the board and the certificate holder.685

       A summary suspension imposed under this division shall remain 686
in effect, unless reversed on appeal, until a final adjudicative 687
order issued by the board pursuant to this section and Chapter 688
119. of the Revised Code becomes effective. The board shall issue 689
its final adjudicative order within sixty days after completion of 690
its hearing. Failure to issue the order within sixty days shall 691
result in dissolution of the summary suspension order, but shall 692
not invalidate any subsequent, final adjudicative order.693

       (H) If the board takes action under division (B)(11), (13), 694
or (14) of this section, and the judicial finding of guilt, guilty 695
plea, or judicial finding of eligibility for intervention in lieu 696
of conviction is overturned on appeal, upon exhaustion of the 697
criminal appeal, a petition for reconsideration of the order may 698
be filed with the board along with appropriate court documents. 699
Upon receipt of a petition and supporting court documents, the 700
board shall reinstate the certificate of registrationto practice. 701
The board may then hold an adjudication under Chapter 119. of the702
Revised Code to determine whether the individual committed the act 703
in question. Notice of opportunity for hearing shall be given in 704
accordance with Chapter 119. of the Revised Code. If the board 705
finds, pursuant to an adjudication held under this division, that 706
the individual committed the act, or if no hearing is requested, 707
it may order any of the sanctions specified in division (B) of 708
this section.709

       (I) The certificate of registrationto practice of an710
acupuncturist and the acupuncturist's practice in this state are 711
automatically suspended as of the date the acupuncturist pleads 712
guilty to, is found by a judge or jury to be guilty of, or is 713
subject to a judicial finding of eligibility for intervention in 714
lieu of conviction in this state or treatment or intervention in 715
lieu of conviction in another jurisdiction for any of the716
following criminal offenses in this state or a substantially 717
equivalent criminal offense in another jurisdiction: aggravated 718
murder, murder, voluntary manslaughter, felonious assault, 719
kidnapping, rape, sexual battery, gross sexual imposition, 720
aggravated arson, aggravated robbery, or aggravated burglary. 721
Continued practice after the suspension shall be considered 722
practicing without a certificate.723

       The board shall notify the individual subject to the 724
suspension by certified mail or in person in accordance with 725
section 119.07 of the Revised Code. If an individual whose726
certificate is suspended under this division fails to make a727
timely request for an adjudication under Chapter 119. of the 728
Revised Code, the board shall enter a final order permanently 729
revoking the individual's certificate of registrationto practice.730

       (J) In any instance in which the board is required by Chapter 731
119. of the Revised Code to give notice of opportunity for hearing 732
and the individual subject to the notice does not timely request a 733
hearing in accordance with section 119.07 of the Revised Code, the 734
board is not required to hold a hearing, but may adopt, by an 735
affirmative vote of not fewer than six of its members, a final 736
order that contains the board's findings. In the final order, the 737
board may order any of the sanctions identified under division (A) 738
or (B) of this section.739

       (K) Any action taken by the board under division (B) of this 740
section resulting in a suspension shall be accompanied by a 741
written statement of the conditions under which the 742
acupuncturist's certificate to practice may be reinstated. The 743
board shall adopt rules in accordance with Chapter 119. of the 744
Revised Code governing conditions to be imposed for745
reinstatement. Reinstatement of a certificate suspended pursuant746
to division (B) of this section requires an affirmative vote of 747
not fewer than six members of the board.748

       (L) When the board refuses to grant a certificate of 749
registrationto practice as an acupuncturist to an applicant,750
revokes an individual's certificate of registration, refuses to 751
renew a certificate of registration, or refuses to reinstate an 752
individual's certificate of registration, the board may specify 753
that its action is permanent. An individual subject to a 754
permanent action taken by the board is forever thereafter 755
ineligible to hold a certificate of registrationto practice as 756
an acupuncturist and the board shall not accept an application for 757
reinstatement of the certificate or for issuance of a new 758
certificate.759

       (M) Notwithstanding any other provision of the Revised Code, 760
all of the following apply:761

       (1) The surrender of a certificate of registrationto 762
practice as an acupuncturist issued under this chapter is not 763
effective unless or until accepted by the board. Reinstatement of 764
a certificate surrendered to the board requires an affirmative765
vote of not fewer than six members of the board.766

       (2) An application made under this chapter for a certificate 767
of registration may not be withdrawn without approval of the 768
board.769

       (3) Failure by an individual to renew a certificate of 770
registration in accordance with section 4762.06 of the Revised 771
Code shall not remove or limit the board's jurisdiction to take 772
disciplinary action under this section against the individual.773

       Sec. 4762.131.  On receipt of a notice pursuant to section 774
2301.373 of the Revised Code, the state medical board shall comply775
with that section with respect to a certificate of registrationto 776
practice as an acupuncturist issued pursuant to this chapter.777

       Sec. 4762.132.  If the state medical board has reason to778
believe that any person who has been granted a certificate under779
this chapter a certificate to practice as an acupuncturist is 780
mentally ill or mentally incompetent, it may file in the probate 781
court of the county in which the person has a legal residence an 782
affidavit in the form prescribed in section 5122.11 of the 783
Revised Code and signed by the board secretary or a member of the 784
board secretary's staff, whereupon the same proceedings shall be 785
had as provided in Chapter 5122. of the Revised Code. The attorney 786
general may represent the board in any proceeding commenced under 787
this section.788

       If any person who has been granted a certificate is adjudged 789
by a probate court to be mentally ill or mentally incompetent, the 790
person's certificate shall be automatically suspended until the 791
person has filed with the state medical board a certified copy of 792
an adjudication by a probate court of the person's subsequent 793
restoration to competency or has submitted to the board proof, 794
satisfactory to the board, that the person has been discharged as 795
having a restoration to competency in the manner and form 796
provided in section 5122.38 of the Revised Code. The judge of the 797
probate court shall forthwith notify the state medical board of 798
an adjudication of mental illness or mental incompetence, and 799
shall note any suspension of a certificate in the margin of the 800
court's record of such certificate.801

       Sec. 4762.15.  (A) As used in this section, "prosecutor" has 802
the same meaning as in section 2935.01 of the Revised Code.803

       (B) Whenever any person holding a valid certificate to 804
practice as an acupuncturist issued pursuant to this chapter805
pleads guilty to, is subject to a judicial finding of guilt of, 806
or is subject to a judicial finding of eligibility for 807
intervention in lieu of conviction for a violation of Chapter 808
2907., 2925., or 3719. of the Revised Code or of any 809
substantively comparable ordinance of a municipal corporation in 810
connection with the person's practice, the prosecutor in the case, 811
on forms prescribed and provided by the state medical board, 812
shall promptly notify the board of the conviction. Within thirty 813
days of receipt of that information, the board shall initiate 814
action in accordance with Chapter 119. of the Revised Code to 815
determine whether to suspend or revoke the certificate under 816
section 4762.13 of the Revised Code.817

       (C) The prosecutor in any case against any person holding a 818
valid certificate to practice issued pursuant to this chapter, on819
forms prescribed and provided by the state medical board, shall 820
notify the board of any of the following:821

       (1) A plea of guilty to, a finding of guilt by a jury or 822
court of, or judicial finding of eligibility for intervention in 823
lieu of conviction for a felony, or a case in which the trial824
court issues an order of dismissal upon technical or procedural 825
grounds of a felony charge;826

       (2) A plea of guilty to, a finding of guilt by a jury or 827
court of, or judicial finding of eligibility for intervention in 828
lieu of conviction for a misdemeanor committed in the course of 829
practice, or a case in which the trial court issues an order of 830
dismissal upon technical or procedural grounds of a charge of a 831
misdemeanor, if the alleged act was committed in the course of 832
practice;833

       (3) A plea of guilty to, a finding of guilt by a jury or 834
court of, or judicial finding of eligibility for intervention in 835
lieu of conviction for a misdemeanor involving moral turpitude, or 836
a case in which the trial court issues an order of dismissal upon837
technical or procedural grounds of a charge of a misdemeanor 838
involving moral turpitude.839

       The report shall include the name and address of the840
certificate holder, the nature of the offense for which the841
action was taken, and the certified court documents recording the842
action.843

       Sec. 4762.16.  (A) Within sixty days after the imposition of 844
any formal disciplinary action taken by any health care facility, 845
including a hospital, health care facility operated by ana health846
insuring corporation, ambulatory surgical center, or similar847
facility, against any individual holding a valid certificate of 848
registrationto practice as an acupuncturist, the chief 849
administrator or executive officer of the facility shall report 850
to the state medical board the name of the individual, the action 851
taken by the facility, and a summary of the underlying facts 852
leading to the action taken. Upon request, the board shall be 853
provided certified copies of the patient records that were the854
basis for the facility's action. Prior to release to the board, 855
the summary shall be approved by the peer review committee that 856
reviewed the case or by the governing board of the facility.857

       The filing of a report with the board or decision not to file 858
a report, investigation by the board, or any disciplinary action859
taken by the board, does not preclude a health care facility from 860
taking disciplinary action against an acupuncturist.861

       In the absence of fraud or bad faith, no individual or entity 862
that provides patient records to the board shall be liable in 863
damages to any person as a result of providing the records.864

       (B) An acupuncturist, professional association or society of 865
acupuncturists, physician, or professional association or society 866
of physicians that believes a violation of any provision of this 867
chapter, Chapter 4731. of the Revised Code, or rule of the board 868
has occurred shall report to the board the information upon which 869
the belief is based. This division does not require any treatment 870
provider approved by the board under section 4731.25 of the 871
Revised Code or any employee, agent, or representative of such a872
provider to make reports with respect to an acupuncturist873
participating in treatment or aftercare for substance abuse as 874
long as the acupuncturist maintains participation in accordance 875
with the requirements of section 4731.25 of the Revised Code and 876
the treatment provider or employee, agent, or representative of 877
the provider has no reason to believe that the acupuncturist has 878
violated any provision of this chapter or rule adopted under it, 879
other than being impaired by alcohol, drugs, or other substances. 880
This division does not require reporting by any member of an 881
impaired practitioner committee established by a health care882
facility or by any representative or agent of a committee or 883
program sponsored by a professional association or society of 884
acupuncturists to provide peer assistance to acupuncturists with 885
substance abuse problems with respect to an acupuncturist who has 886
been referred for examination to a treatment program approved by 887
the board under section 4731.25 of the Revised Code if the888
acupuncturist cooperates with the referral for examination and 889
with any determination that the acupuncturist should enter 890
treatment and as long as the committee member, representative, or 891
agent has no reason to believe that the acupuncturist has ceased 892
to participate in the treatment program in accordance with section893
4731.25 of the Revised Code or has violated any provision of this 894
chapter or rule adopted under it, other than being impaired by 895
alcohol, drugs, or other substances.896

       (C) Any professional association or society composed 897
primarily of acupuncturists that suspends or revokes an 898
individual's membership for violations of professional ethics, or 899
for reasons of professional incompetence or professional900
malpractice, within sixty days after a final decision, shall901
report to the board, on forms prescribed and provided by the902
board, the name of the individual, the action taken by the 903
professional organization, and a summary of the underlying facts 904
leading to the action taken.905

       The filing of a report with the board or decision not to file 906
a report, investigation by the board, or any disciplinary action 907
taken by the board, does not preclude a professional organization 908
from taking disciplinary action against an acupuncturist.909

       (D) Any insurer providing professional liability insurance to 910
any person holding a valid certificate of registrationto practice911
as an acupuncturist or any other entity that seeks to indemnify 912
the professional liability of an acupuncturist shall notify the 913
board within thirty days after the final disposition of any 914
written claim for damages where such disposition results in a 915
payment exceeding twenty-five thousand dollars. The notice shall 916
contain the following information:917

       (1) The name and address of the person submitting the918
notification;919

       (2) The name and address of the insured who is the subject of 920
the claim;921

       (3) The name of the person filing the written claim;922

       (4) The date of final disposition;923

       (5) If applicable, the identity of the court in which the 924
final disposition of the claim took place.925

       (E) The board may investigate possible violations of this 926
chapter or the rules adopted under it that are brought to its 927
attention as a result of the reporting requirements of this 928
section, except that the board shall conduct an investigation if a 929
possible violation involves repeated malpractice. As used in this 930
division, "repeated malpractice" means three or more claims for931
malpractice within the previous five-year period, each resulting932
in a judgment or settlement in excess of twenty-five thousand933
dollars in favor of the claimant, and each involving negligent934
conduct by the acupuncturist.935

       (F) All summaries, reports, and records received and 936
maintained by the board pursuant to this section shall be held in 937
confidence and shall not be subject to discovery or introduction 938
in evidence in any federal or state civil action involving an 939
acupuncturist, supervising physician, or health care facility 940
arising out of matters that are the subject of the reporting 941
required by this section. The board may use the information942
obtained only as the basis for an investigation, as evidence in a 943
disciplinary hearing against an acupuncturist or supervising 944
physician, or in any subsequent trial or appeal of a board action 945
or order.946

       The board may disclose the summaries and reports it receives 947
under this section only to health care facility committees within 948
or outside this state that are involved in credentialing or 949
recredentialing an acupuncturist or supervising physician or950
reviewing their privilege to practice within a particular 951
facility. The board shall indicate whether or not the information 952
has been verified. Information transmitted by the board shall be 953
subject to the same confidentiality provisions as when maintained 954
by the board.955

       (G) Except for reports filed by an individual pursuant to 956
division (B) of this section, the board shall send a copy of any 957
reports or summaries it receives pursuant to this section to the 958
acupuncturist. The acupuncturist shall have the right to file a959
statement with the board concerning the correctness or relevance960
of the information. The statement shall at all times accompany961
that part of the record in contention.962

       (H) An individual or entity that reports to the board or963
refers an impaired acupuncturist to a treatment provider approved 964
by the board under section 4731.25 of the Revised Code shall not 965
be subject to suit for civil damages as a result of the report, 966
referral, or provision of the information.967

       (I) In the absence of fraud or bad faith, a professional 968
association or society of acupuncturists that sponsors a committee 969
or program to provide peer assistance to an acupuncturist with 970
substance abuse problems, a representative or agent of such a 971
committee or program, and a member of the state medical board 972
shall not be held liable in damages to any person by reason of 973
actions taken to refer an acupuncturist to a treatment provider 974
approved under section 4731.25 of the Revised Code for examination 975
or treatment.976

       Sec. 4762.18.  (A) Subject to division (E) of this section, 977
the attorney general, the prosecuting attorney of any county in 978
which the offense was committed or the offender resides, the state979
medical board, or any other person having knowledge of a person980
engaged either directly or by complicity in the practice of 981
acupuncture without having first obtained a certificate of 982
registration to do so pursuant to this chapter, may, in accord 983
with provisions of the Revised Code governing injunctions, 984
maintain an action in the name of the state to enjoin any person 985
from engaging either directly or by complicity in the unlawful 986
practice of acupuncture by applying for an injunction in any court 987
of competent jurisdiction.988

       (B) Prior to application for an injunction under division (A) 989
of this section, the secretary of the state medical board shall 990
notify the person allegedly engaged either directly or by 991
complicity in the unlawful practice of acupuncture by registered 992
mail that the secretary has received information indicating that 993
this person is so engaged. The person shall answer the secretary 994
within thirty days showing that the person is either properly 995
licensed for the stated activity or that the person is not in996
violation of this chapter. If the answer is not forthcoming within 997
thirty days after notice by the secretary, the secretary shall 998
request that the attorney general, the prosecuting attorney of the 999
county in which the offense was committed or the offender resides, 1000
or the state medical board proceed as authorized in this section.1001

       (C) Upon the filing of a verified petition in court, the 1002
court shall conduct a hearing on the petition and shall give the 1003
same preference to this proceeding as is given all proceedings 1004
under Chapter 119. of the Revised Code, irrespective of the1005
position of the proceeding on the calendar of the court.1006

       (D) Injunction proceedings as authorized by this section 1007
shall be in addition to, and not in lieu of, all penalties and 1008
other remedies provided in this chapter.1009

       (E) An injunction proceeding permitted by division (A) of 1010
this section may not be maintained against a person described in 1011
division (B) of section 4762.02 of the Revised Code or a 1012
chiropractor who holds a valid certificate to practice acupuncture 1013
issued under section 4734.283 of the Revised Code.1014

       Sec. 4762.22.  An acupuncturist who holds a certificate to 1015
practice issued under this chapter shall have professional 1016
liability insurance coverage in an amount that is not less than 1017
five hundred thousand dollars.1018

       Section 2. That existing sections 4725.01, 4730.11, 4762.02, 1019
4762.03, 4762.031, 4762.04, 4762.05, 4762.06, 4762.08, 4762.09, 1020
4762.10, 4762.11, 4762.13, 4762.131, 4762.132, 4762.15, 4762.16, 1021
and 4762.18 of the Revised Code are hereby repealed.1022