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 |
(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 ascertaining | 21 |
departures from the normal, measuring their functional powers, | 22 |
adapting optical accessories for the aid thereof, and detecting | 23 |
ocular abnormalities that may be evidence of disease, pathology, | 24 |
or injury. | 25 |
(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 |
(C) "Therapeutic pharmaceutical agent" means a drug or | 62 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
(D) A certificate of registrationto practice that is not | 280 |
renewed on or
before its expiration date is automatically | 281 |
suspended on
its
expiration date. If a certificate has been | 282 |
suspended pursuant
to
this division for two years or less, the | 283 |
board shall reinstate
the
certificate upon an
applicant's | 284 |
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 "National | 305 |
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 |
(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 |
(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 |
(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 |
(D) The physician or chiropractor shall
be personally | 436 |
available for consultation with the acupuncturist. If the | 437 |
physician or chiropractor is not on the premises at which | 438 |
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 normal | 441 |
circumstances is not more than sixty minutes travel time away from | 442 |
the
location where the acupuncturist is practicing. | 443 |
(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 |
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 |
(18) Any of the following actions taken by the
state agency | 521 |
responsible for regulating the practice of acupuncture in another | 522 |
jurisdiction, for any reason other than the
nonpayment of fees: | 523 |
the limitation, revocation, or suspension of
an individual's | 524 |
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 |
(21) Failure to cooperate in an investigation conducted by | 534 |
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 |
(C) Disciplinary actions taken by the board under divisions | 550 |
(A) and (B) of this section shall be taken pursuant to an | 551 |
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 an | 554 |
allegation of a violation of this chapter or any rule adopted | 555 |
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 no | 566 |
jurisdiction under these divisions in cases where the trial court | 567 |
renders a final judgment in the certificate holder's favor
and | 568 |
that judgment is based upon an adjudication on the merits. The | 569 |
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 have | 573 |
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 eligibility | 577 |
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, shall | 585 |
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
registration | 593 |
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 of | 599 |
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 division | 604 |
(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 chapter | 615 |
or
any applicant for a certificate of registration suffers
such | 616 |
impairment, the board may compel the individual to submit to
a | 617 |
mental or physical examination, or both. The expense of the | 618 |
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 to | 633 |
treatment. | 634 |
When the impaired acupuncturist resumes practice,
the board | 654 |
shall require continued monitoring of the acupuncturist. The | 655 |
monitoring shall include monitoring of
compliance with the written | 656 |
consent agreement entered into before reinstatement or with | 657 |
conditions imposed by board order after a hearing, and, upon | 658 |
termination of the consent agreement, submission to the board for | 659 |
at least two years of annual written progress reports made under | 660 |
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 for | 669 |
consideration
by the board. | 670 |
The board shall issue a written order of suspension by | 677 |
certified mail or in person in accordance with section 119.07 of | 678 |
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 adjudicatory | 681 |
hearing by the board, the date set for the hearing shall be
within | 682 |
fifteen days, but not earlier than seven days, after the | 683 |
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 the | 702 |
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 an | 710 |
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 the | 716 |
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 |
(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 for | 745 |
reinstatement.
Reinstatement of a certificate suspended pursuant | 746 |
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 |
Sec. 4762.132. If the state medical board has reason to | 778 |
believe that any person who has been granted a certificate under | 779 |
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 |
(B) Whenever any person holding a valid certificate to | 804 |
practice as an acupuncturist
issued
pursuant to this chapter | 805 |
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 |
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 health | 846 |
insuring
corporation, ambulatory surgical center, or similar | 847 |
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 the | 854 |
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 |
(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 a | 872 |
provider to make reports with respect to an acupuncturist | 873 |
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 care | 882 |
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 the | 888 |
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 section | 893 |
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 professional | 900 |
malpractice, within sixty days after a final decision, shall | 901 |
report to the board, on forms prescribed and provided by the | 902 |
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 |
(D) Any insurer providing professional
liability insurance to | 910 |
any person holding a valid certificate of
registrationto practice | 911 |
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 |
(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 for | 931 |
malpractice within the previous five-year period, each
resulting | 932 |
in a judgment or settlement in excess of twenty-five thousand | 933 |
dollars in favor of the claimant, and each involving negligent | 934 |
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 information | 942 |
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 or | 950 |
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 |
(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 state | 979 |
medical board, or any other person having knowledge of a person | 980 |
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
in | 996 |
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 |
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 |