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To amend sections 1701.03, 1705.03, 1705.04, 1705.53, | 1 |
1785.01, 1785.02, 1785.03, 1785.08, 3715.87, | 2 |
3715.871, 3715.872, 3715.873, 4723.16, 4725.33, | 3 |
4729.161, 4731.226, 4731.23, 4731.65, 4732.28, | 4 |
4734.10, 4734.15, 4734.16, 4734.17, 4734.19, | 5 |
4734.31, 4734.311, 4734.34, 4734.36, 4734.37, | 6 |
4734.38, 4734.39, 4734.47, 4734.49, 4734.50, | 7 |
4734.55, 4734.99, 4755.471, 4762.01, 4762.02, | 8 |
4762.09, 4762.10, 4762.11, 4762.12, and 4762.18 | 9 |
and to enact sections 4734.141, 4734.142, | 10 |
4734.211, 4734.28, 4734.281, 4734.282, 4734.283, | 11 |
4734.284, 4734.285, and 4734.286 of the Revised | 12 |
Code regarding the practice of acupuncture by | 13 |
chiropractors, the State Medical Board's use of | 14 |
private attorneys as temporary hearing examiners, | 15 |
and to modify the immunity from liability that | 16 |
applies under the Drug Repository Program. | 17 |
Section 1. That sections 1701.03, 1705.03, 1705.04, 1705.53, | 18 |
1785.01, 1785.02, 1785.03, 1785.08, 3515.87, 3715.871, 3715.872, | 19 |
3715.873, 4723.16, 4725.33, 4729.161, 4731.226, 4731.23, 4731.65, | 20 |
4732.28, 4734.10, 4734.15, 4734.16, 4734.17, 4734.19, 4734.31, | 21 |
4734.311, 4734.34, 4734.36, 4734.37, 4734.38, 4734.39, 4734.47, | 22 |
4734.49, 4734.50, 4734.55, 4734.99, 4755.471, 4762.01, 4762.02, | 23 |
4762.09, 4762.10, 4762.11, 4762.12, and 4762.18 be amended and | 24 |
sections 4734.141, 4734.142, 4734.211, 4734.28, 4734.281, | 25 |
4734.282, 4734.283, 4734.284, 4734.285, and 4734.286 of the | 26 |
Revised Code be enacted to read as follows: | 27 |
Sec. 1701.03. (A) A corporation may be formed under this | 28 |
chapter for any purpose or combination of purposes for which | 29 |
individuals lawfully may associate themselves, except that, if the | 30 |
Revised Code contains special provisions pertaining to the | 31 |
formation of any designated type of corporation other than a | 32 |
professional association, as defined in section 1785.01 of the | 33 |
Revised Code, a corporation of that type shall be formed in | 34 |
accordance with the special provisions. | 35 |
(B) On and after July 1, 1994, a corporation may be formed | 36 |
under this chapter for the purpose of carrying on the practice of | 37 |
any profession, including, but not limited to, a corporation for | 38 |
the purpose of providing public accounting or certified public | 39 |
accounting services, a corporation for the erection, owning, and | 40 |
conducting of a sanitarium for receiving and caring for patients, | 41 |
medical and hygienic treatment of patients, and instruction of | 42 |
nurses in the treatment of disease and in hygiene, a corporation | 43 |
for the purpose of providing architectural, landscape | 44 |
architectural, professional engineering, or surveying services or | 45 |
any combination of those types of services, and a corporation for | 46 |
the purpose of providing a combination of the professional | 47 |
services, as defined in section 1785.01 of the Revised Code, of | 48 |
optometrists authorized under Chapter 4725. of the Revised Code, | 49 |
chiropractors authorized under Chapter 4734. of the Revised Code | 50 |
to practice chiropractic or acupuncture, psychologists authorized | 51 |
under Chapter 4732. of the Revised Code, registered or licensed | 52 |
practical nurses authorized under Chapter 4723. of the Revised | 53 |
Code, pharmacists authorized under Chapter 4729. of the Revised | 54 |
Code, physical therapists authorized under sections 4755.40 to | 55 |
56 | |
under section 4731.151 of the Revised Code, and doctors of | 57 |
medicine and surgery, osteopathic medicine and surgery, or | 58 |
podiatric medicine and surgery authorized under Chapter 4731. of | 59 |
the Revised Code. This chapter does not restrict, limit, or | 60 |
otherwise affect the authority or responsibilities of any agency, | 61 |
board, commission, department, office, or other entity to license, | 62 |
register, and otherwise regulate the professional conduct of | 63 |
individuals or organizations of any kind rendering professional | 64 |
services, as defined in section 1785.01 of the Revised Code, in | 65 |
this state or to regulate the practice of any profession that is | 66 |
within the jurisdiction of the agency, board, commission, | 67 |
department, office, or other entity, notwithstanding that an | 68 |
individual is a director, officer, employee, or other agent of a | 69 |
corporation formed under this chapter and is rendering | 70 |
professional services or engaging in the practice of a profession | 71 |
through a corporation formed under this chapter or that the | 72 |
organization is a corporation formed under this chapter. | 73 |
(C) Nothing in division (A) or (B) of this section precludes | 74 |
the organization of a professional association in accordance with | 75 |
this chapter and Chapter 1785. of the Revised Code or the | 76 |
formation of a limited liability company under Chapter 1705. of | 77 |
the Revised Code with respect to a business, as defined in section | 78 |
1705.01 of the Revised Code. | 79 |
(D) No corporation formed for the purpose of providing a | 80 |
combination of the professional services, as defined in section | 81 |
1785.01 of the Revised Code, of optometrists authorized under | 82 |
Chapter 4725. of the Revised Code, chiropractors authorized under | 83 |
Chapter 4734. of the Revised Code to practice chiropractic or | 84 |
acupuncture, psychologists authorized under Chapter 4732. of the | 85 |
Revised Code, registered or licensed practical nurses authorized | 86 |
under Chapter 4723. of the Revised Code, pharmacists authorized | 87 |
under Chapter 4729. of the Revised Code, physical therapists | 88 |
authorized under sections 4755.40 to | 89 |
Revised Code, mechanotherapists authorized under section 4731.151 | 90 |
of the Revised Code, and doctors of medicine and surgery, | 91 |
osteopathic medicine and surgery, or podiatric medicine and | 92 |
surgery authorized under Chapter 4731. of the Revised Code shall | 93 |
control the professional clinical judgment exercised within | 94 |
accepted and prevailing standards of practice of a licensed, | 95 |
certificated, or otherwise legally authorized optometrist, | 96 |
chiropractor, chiropractor practicing acupuncture through the | 97 |
state chiropractic board, psychologist, nurse, pharmacist, | 98 |
physical therapist, mechanotherapist, or doctor of medicine and | 99 |
surgery, osteopathic medicine and surgery, or podiatric medicine | 100 |
and surgery in rendering care, treatment, or professional advice | 101 |
to an individual patient. | 102 |
This division does not prevent a hospital, as defined in | 103 |
section 3727.01 of the Revised Code, insurer, as defined in | 104 |
section 3999.36 of the Revised Code, or intermediary organization, | 105 |
as defined in section 1751.01 of the Revised Code, from entering | 106 |
into a contract with a corporation described in this division that | 107 |
includes a provision requiring utilization review, quality | 108 |
assurance, peer review, or other performance or quality standards. | 109 |
Those activities shall not be construed as controlling the | 110 |
professional clinical judgment of an individual practitioner | 111 |
listed in this division. | 112 |
Sec. 1705.03. (A) A limited liability company may sue and be | 113 |
sued. | 114 |
(B) Unless otherwise provided in its articles of | 115 |
organization, a limited liability company may take property of any | 116 |
description or any interest in property of any description by | 117 |
gift, devise, or bequest and may make donations for the public | 118 |
welfare or for charitable, scientific, or educational purposes. | 119 |
(C) In carrying out the purposes stated in its articles of | 120 |
organization or operating agreement and subject to limitations | 121 |
prescribed by law or in its articles of organization or its | 122 |
operating agreement, a limited liability company may do all of the | 123 |
following: | 124 |
(1) Purchase or otherwise acquire, lease as lessee or lessor, | 125 |
invest in, hold, use, encumber, sell, exchange, transfer, and | 126 |
dispose of property of any description or any interest in property | 127 |
of any description; | 128 |
(2) Make contracts; | 129 |
(3) Form or acquire the control of other domestic or foreign | 130 |
limited liability companies; | 131 |
(4) Be a shareholder, partner, member, associate, or | 132 |
participant in other profit or nonprofit enterprises or ventures; | 133 |
(5) Conduct its affairs in this state and elsewhere; | 134 |
(6) Render in this state and elsewhere a professional | 135 |
service, the kinds of professional services authorized under | 136 |
Chapters 4703. and 4733. of the Revised Code, or a combination of | 137 |
the professional services of optometrists authorized under Chapter | 138 |
4725. of the Revised Code, chiropractors authorized under Chapter | 139 |
4734. of the Revised Code to practice chiropractic or acupuncture, | 140 |
psychologists authorized under Chapter 4732. of the Revised Code, | 141 |
registered or licensed practical nurses authorized under Chapter | 142 |
4723. of the Revised Code, pharmacists authorized under Chapter | 143 |
4729. of the Revised Code, physical therapists authorized under | 144 |
sections 4755.40 to 4755.56 of the Revised Code, occupational | 145 |
therapists authorized under sections 4755.04 to 4755.13 of the | 146 |
Revised Code, mechanotherapists authorized under section 4731.151 | 147 |
of the Revised Code, and doctors of medicine and surgery, | 148 |
osteopathic medicine and surgery, or podiatric medicine and | 149 |
surgery authorized under Chapter 4731. of the Revised Code; | 150 |
(7) Borrow money; | 151 |
(8) Issue, sell, and pledge its notes, bonds, and other | 152 |
evidences of indebtedness; | 153 |
(9) Secure any of its obligations by mortgage, pledge, or | 154 |
deed of trust of all or any of its property; | 155 |
(10) Guarantee or secure obligations of any person; | 156 |
(11) Do all things permitted by law and exercise all | 157 |
authority within or incidental to the purposes stated in its | 158 |
articles of organization. | 159 |
(D) In addition to the authority conferred by division (C) of | 160 |
this section and irrespective of the purposes stated in its | 161 |
articles of organization or operating agreement but subject to any | 162 |
limitations stated in those articles or its operating agreement, a | 163 |
limited liability company may invest funds not currently needed in | 164 |
its business in any securities if the investment does not cause | 165 |
the company to acquire control of another enterprise whose | 166 |
activities and operations are not incidental to the purposes | 167 |
stated in the articles of organization of the company. | 168 |
(E)(1) No lack of authority or limitation upon the authority | 169 |
of a limited liability company shall be asserted in any action | 170 |
except as follows: | 171 |
(a) By the state in an action by it against the company; | 172 |
(b) By or on behalf of the company in an action against a | 173 |
manager, an officer, or any member as a member; | 174 |
(c) By a member as a member in an action against the company, | 175 |
a manager, an officer, or any member as a member; | 176 |
(d) In an action involving an alleged improper issue of a | 177 |
membership interest in the company. | 178 |
(2) Division (E)(1) of this section applies to any action | 179 |
commenced in this state upon any contract made in this state by a | 180 |
foreign limited liability company. | 181 |
Sec. 1705.04. (A) One or more persons, without regard to | 182 |
residence, domicile, or state of organization, may form a limited | 183 |
liability company. The articles of organization shall be signed | 184 |
and filed with the secretary of state and shall set forth all of | 185 |
the following: | 186 |
(1) The name of the company; | 187 |
(2) Except as provided in division (B) of this section, the | 188 |
period of its duration, which may be perpetual; | 189 |
(3) Any other provisions that are from the operating | 190 |
agreement or that are not inconsistent with applicable law and | 191 |
that the members elect to set out in the articles for the | 192 |
regulation of the affairs of the company. | 193 |
The legal existence of the company begins upon the filing of | 194 |
the articles of organization or on a later date specified in the | 195 |
articles of organization that is not more than ninety days after | 196 |
the filing. | 197 |
(B) If the articles of organization or operating agreement do | 198 |
not set forth the period of the duration of the limited liability | 199 |
company, its duration shall be perpetual. | 200 |
(C) If a limited liability company is formed under this | 201 |
chapter for the purpose of rendering a professional service, the | 202 |
kinds of professional services authorized under Chapters 4703. and | 203 |
4733. of the Revised Code, or a combination of the professional | 204 |
services of optometrists authorized under Chapter 4725. of the | 205 |
Revised Code, chiropractors authorized under Chapter 4734. of the | 206 |
Revised Code to practice chiropractic or acupuncture, | 207 |
psychologists authorized under Chapter 4732. of the Revised Code, | 208 |
registered or licensed practical nurses authorized under Chapter | 209 |
4723. of the Revised Code, pharmacists authorized under Chapter | 210 |
4729. of the Revised Code, physical therapists authorized under | 211 |
sections 4755.40 to 4755.56 of the Revised Code, occupational | 212 |
therapists authorized under sections 4755.04 to 4755.13 of the | 213 |
Revised Code, mechanotherapists authorized under section 4731.151 | 214 |
of the Revised Code, and doctors of medicine and surgery, | 215 |
osteopathic medicine and surgery, or podiatric medicine and | 216 |
surgery authorized under Chapter 4731. of the Revised Code, the | 217 |
following apply: | 218 |
(1) Each member, employee, or other agent of the company who | 219 |
renders a professional service in this state and, if the | 220 |
management of the company is not reserved to its members, each | 221 |
manager of the company who renders a professional service in this | 222 |
state shall be licensed, certificated, or otherwise legally | 223 |
authorized to render in this state the same kind of professional | 224 |
service; if applicable, the kinds of professional services | 225 |
authorized under Chapters 4703. and 4733. of the Revised Code; or, | 226 |
if applicable, any of the kinds of professional services of | 227 |
optometrists authorized under Chapter 4725. of the Revised Code, | 228 |
chiropractors authorized under Chapter 4734. of the Revised Code | 229 |
to practice chiropractic or acupuncture, psychologists authorized | 230 |
under Chapter 4732. of the Revised Code, registered or licensed | 231 |
practical nurses authorized under Chapter 4723. of the Revised | 232 |
Code, pharmacists authorized under Chapter 4729. of the Revised | 233 |
Code, physical therapists authorized under sections 4755.40 to | 234 |
235 | |
authorized under sections 4755.04 to 4755.13 of the Revised Code, | 236 |
mechanotherapists authorized under section 4731.151 of the Revised | 237 |
Code, or doctors of medicine and surgery, osteopathic medicine and | 238 |
surgery, or podiatric medicine and surgery authorized under | 239 |
Chapter 4731. of the Revised Code. | 240 |
(2) Each member, employee, or other agent of the company who | 241 |
renders a professional service in another state and, if the | 242 |
management of the company is not reserved to its members, each | 243 |
manager of the company who renders a professional service in | 244 |
another state shall be licensed, certificated, or otherwise | 245 |
legally authorized to render that professional service in the | 246 |
other state. | 247 |
(D) Except for the provisions of this chapter pertaining to | 248 |
the personal liability of members, employees, or other agents of a | 249 |
limited liability company and, if the management of the company is | 250 |
not reserved to its members, the personal liability of managers of | 251 |
the company, this chapter does not restrict, limit, or otherwise | 252 |
affect the authority or responsibilities of any agency, board, | 253 |
commission, department, office, or other entity to license, | 254 |
certificate, register, and otherwise regulate the professional | 255 |
conduct of individuals or organizations of any kind rendering | 256 |
professional services in this state or to regulate the practice of | 257 |
any profession that is within the jurisdiction of the agency, | 258 |
board, commission, department, office, or other entity, | 259 |
notwithstanding that the individual is a member or manager of a | 260 |
limited liability company and is rendering the professional | 261 |
services or engaging in the practice of the profession through the | 262 |
limited liability company or that the organization is a limited | 263 |
liability company. | 264 |
(E) No limited liability company formed for the purpose of | 265 |
providing a combination of the professional services, as defined | 266 |
in section 1785.01 of the Revised Code, of optometrists authorized | 267 |
under Chapter 4725. of the Revised Code, chiropractors authorized | 268 |
under Chapter 4734. of the Revised Code to practice chiropractic | 269 |
or acupuncture, psychologists authorized under Chapter 4732. of | 270 |
the Revised Code, registered or licensed practical nurses | 271 |
authorized under Chapter 4723. of the Revised Code, pharmacists | 272 |
authorized under Chapter 4729. of the Revised Code, physical | 273 |
therapists authorized under sections 4755.40 to 4755.56 of the | 274 |
Revised Code, occupational therapists authorized under sections | 275 |
4755.04 to 4755.13 of the Revised Code, mechanotherapists | 276 |
authorized under section 4731.151 of the Revised Code, and doctors | 277 |
of medicine and surgery, osteopathic medicine and surgery, or | 278 |
podiatric medicine and surgery authorized under Chapter 4731. of | 279 |
the Revised Code shall control the professional clinical judgment | 280 |
exercised within accepted and prevailing standards of practice of | 281 |
a licensed, certificated, or otherwise legally authorized | 282 |
optometrist, chiropractor, chiropractor practicing acupuncture | 283 |
through the state chiropractic board, psychologist, nurse, | 284 |
pharmacist, physical therapist, occupational therapist, | 285 |
mechanotherapist, or doctor of medicine and surgery, osteopathic | 286 |
medicine and surgery, or podiatric medicine and surgery in | 287 |
rendering care, treatment, or professional advice to an individual | 288 |
patient. | 289 |
This division does not prevent a hospital, as defined in | 290 |
section 3727.01 of the Revised Code, insurer, as defined in | 291 |
section 3999.36 of the Revised Code, or intermediary organization, | 292 |
as defined in section 1751.01 of the Revised Code, from entering | 293 |
into a contract with a limited liability company described in this | 294 |
division that includes a provision requiring utilization review, | 295 |
quality assurance, peer review, or other performance or quality | 296 |
standards. Those activities shall not be construed as controlling | 297 |
the professional clinical judgment of an individual practitioner | 298 |
listed in this division. | 299 |
Sec. 1705.53. Subject to any contrary provisions of the Ohio | 300 |
Constitution, the laws of the state under which a foreign limited | 301 |
liability company is organized govern its organization and | 302 |
internal affairs and the liability of its members. A foreign | 303 |
limited liability company may not be denied a certificate of | 304 |
registration as a foreign limited liability company in this state | 305 |
because of any difference between the laws of the state under | 306 |
which it is organized and the laws of this state. However, a | 307 |
foreign limited liability company that applies for registration | 308 |
under this chapter to render a professional service in this state, | 309 |
as a condition to obtaining and maintaining a certificate of | 310 |
registration, shall comply with the requirements of division (C) | 311 |
of section 1705.04 of the Revised Code and shall comply with the | 312 |
requirements of Chapters 4703. and 4733. of the Revised Code if | 313 |
the kinds of professional services authorized under those chapters | 314 |
are to be rendered or with the requirements of Chapters 4723., | 315 |
4725., 4729., 4731., 4732., 4734., and 4755. of the Revised Code | 316 |
if a combination of the professional services of optometrists | 317 |
authorized under Chapter 4725. of the Revised Code, chiropractors | 318 |
authorized under Chapter 4734. of the Revised Code to practice | 319 |
chiropractic or acupuncture, psychologists authorized under | 320 |
Chapter 4732. of the Revised Code, registered or licensed | 321 |
practical nurses authorized under Chapter 4723. of the Revised | 322 |
Code, pharmacists authorized under Chapter 4729. of the Revised | 323 |
Code, physical therapists authorized under sections 4755.40 to | 324 |
4755.56 of the Revised Code, occupational therapists authorized | 325 |
under sections 4755.04 to 4755.13 of the Revised Code, | 326 |
mechanotherapists authorized under section 4731.151 of the Revised | 327 |
Code, and doctors of medicine and surgery, osteopathic medicine | 328 |
and surgery, or podiatric medicine and surgery authorized under | 329 |
Chapter 4731. of the Revised Code are to be rendered. | 330 |
Sec. 1785.01. As used in this chapter: | 331 |
(A) "Professional service" means any type of professional | 332 |
service that may be performed only pursuant to a license, | 333 |
certificate, or other legal authorization issued pursuant to | 334 |
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730., | 335 |
4731., 4732., 4733., 4734., or 4741., sections 4755.04 to 4755.13, | 336 |
or 4755.40 to 4755.56 of the Revised Code to certified public | 337 |
accountants, licensed public accountants, architects, attorneys, | 338 |
dentists, nurses, optometrists, pharmacists, physician assistants, | 339 |
doctors of medicine and surgery, doctors of osteopathic medicine | 340 |
and surgery, doctors of podiatric medicine and surgery, | 341 |
practitioners of the limited branches of medicine specified in | 342 |
section 4731.15 of the Revised Code, mechanotherapists, | 343 |
psychologists, professional engineers, chiropractors, | 344 |
chiropractors practicing acupuncture through the state | 345 |
chiropractic board, veterinarians, occupational therapists, | 346 |
physical therapists, and occupational therapists. | 347 |
(B) "Professional association" means an association organized | 348 |
under this chapter for the sole purpose of rendering one of the | 349 |
professional services authorized under Chapter 4701., 4703., | 350 |
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733., | 351 |
4734., or 4741., sections 4755.04 to 4755.13, or 4755.40 to | 352 |
4755.56 of the Revised Code, a combination of the professional | 353 |
services authorized under Chapters 4703. and 4733. of the Revised | 354 |
Code, or a combination of the professional services of | 355 |
optometrists authorized under Chapter 4725. of the Revised Code, | 356 |
chiropractors authorized under Chapter 4734. of the Revised Code | 357 |
to practice chiropractic or acupuncture, psychologists authorized | 358 |
under Chapter 4732. of the Revised Code, registered or licensed | 359 |
practical nurses authorized under Chapter 4723. of the Revised | 360 |
Code, pharmacists authorized under Chapter 4729. of the Revised | 361 |
Code, physical therapists authorized under sections 4755.40 to | 362 |
4755.56 of the Revised Code, occupational therapists authorized | 363 |
under sections 4755.04 to 4755.13 of the Revised Code, | 364 |
mechanotherapists authorized under section 4731.151 of the Revised | 365 |
Code, and doctors of medicine and surgery, osteopathic medicine | 366 |
and surgery, or podiatric medicine and surgery authorized under | 367 |
Chapter 4731. of the Revised Code. | 368 |
Sec. 1785.02. An individual or group of individuals each of | 369 |
whom is licensed, certificated, or otherwise legally authorized to | 370 |
render within this state the same kind of professional service, a | 371 |
group of individuals each of whom is licensed, certificated, or | 372 |
otherwise legally authorized to render within this state the | 373 |
professional service authorized under Chapter 4703. or 4733. of | 374 |
the Revised Code, or a group of individuals each of whom is | 375 |
licensed, certificated, or otherwise legally authorized to render | 376 |
within this state the professional service of optometrists | 377 |
authorized under Chapter 4725. of the Revised Code, chiropractors | 378 |
authorized under Chapter 4734. of the Revised Code to practice | 379 |
chiropractic or acupuncture, psychologists authorized under | 380 |
Chapter 4732. of the Revised Code, registered or licensed | 381 |
practical nurses authorized under Chapter 4723. of the Revised | 382 |
Code, pharmacists authorized under Chapter 4729. of the Revised | 383 |
Code, physical therapists authorized under sections 4755.40 to | 384 |
4755.56 of the Revised Code, occupational therapists authorized | 385 |
under sections 4755.04 to 4755.13 of the Revised Code, | 386 |
mechanotherapists authorized under section 4731.151 of the Revised | 387 |
Code, or doctors of medicine and surgery, osteopathic medicine and | 388 |
surgery, or podiatric medicine and surgery authorized under | 389 |
Chapter 4731. of the Revised Code may organize and become a | 390 |
shareholder or shareholders of a professional association. Any | 391 |
group of individuals described in this section who may be | 392 |
rendering one of the professional services as an organization | 393 |
created otherwise than pursuant to this chapter may incorporate | 394 |
under and pursuant to this chapter by amending the agreement | 395 |
establishing the organization in a manner that the agreement as | 396 |
amended constitutes articles of incorporation prepared and filed | 397 |
in the manner prescribed in section 1785.08 of the Revised Code | 398 |
and by otherwise complying with the applicable requirements of | 399 |
this chapter. | 400 |
Sec. 1785.03. A professional association may render a | 401 |
particular professional service only through officers, employees, | 402 |
and agents who are themselves duly licensed, certificated, or | 403 |
otherwise legally authorized to render the professional service | 404 |
within this state. As used in this section, "employee" does not | 405 |
include clerks, bookkeepers, technicians, or other individuals who | 406 |
are not usually and ordinarily considered by custom and practice | 407 |
to be rendering a particular professional service for which a | 408 |
license, certificate, or other legal authorization is required and | 409 |
does not include any other person who performs all of that | 410 |
person's employment under the direct supervision and control of an | 411 |
officer, agent, or employee who renders a particular professional | 412 |
service to the public on behalf of the professional association. | 413 |
No professional association formed for the purpose of | 414 |
providing a combination of the professional services, as defined | 415 |
in section 1785.01 of the Revised Code, of optometrists authorized | 416 |
under Chapter 4725. of the Revised Code, chiropractors authorized | 417 |
under Chapter 4734. of the Revised Code to practice chiropractic | 418 |
or acupuncture, psychologists authorized under Chapter 4732. of | 419 |
the Revised Code, registered or licensed practical nurses | 420 |
authorized under Chapter 4723. of the Revised Code, pharmacists | 421 |
authorized under Chapter 4729. of the Revised Code, physical | 422 |
therapists authorized under sections 4755.40 to 4755.56 of the | 423 |
Revised Code, occupational therapists authorized under sections | 424 |
4755.04 to 4755.13 of the Revised Code, mechanotherapists | 425 |
authorized under section 4731.151 of the Revised Code, and doctors | 426 |
of medicine and surgery, osteopathic medicine and surgery, or | 427 |
podiatric medicine and surgery authorized under Chapter 4731. of | 428 |
the Revised Code shall control the professional clinical judgment | 429 |
exercised within accepted and prevailing standards of practice of | 430 |
a licensed, certificated, or otherwise legally authorized | 431 |
optometrist, chiropractor, chiropractor practicing acupuncture | 432 |
through the state chiropractic board, psychologist, nurse, | 433 |
pharmacist, physical therapist, occupational therapist, | 434 |
mechanotherapist, or doctor of medicine and surgery, osteopathic | 435 |
medicine and surgery, or podiatric medicine and surgery in | 436 |
rendering care, treatment, or professional advice to an individual | 437 |
patient. | 438 |
This division does not prevent a hospital, as defined in | 439 |
section 3727.01 of the Revised Code, insurer, as defined in | 440 |
section 3999.36 of the Revised Code, or intermediary organization, | 441 |
as defined in section 1751.01 of the Revised Code, from entering | 442 |
into a contract with a professional association described in this | 443 |
division that includes a provision requiring utilization review, | 444 |
quality assurance, peer review, or other performance or quality | 445 |
standards. Those activities shall not be construed as controlling | 446 |
the professional clinical judgment of an individual practitioner | 447 |
listed in this division. | 448 |
Sec. 1785.08. Chapter 1701. of the Revised Code applies to | 449 |
professional associations, including their organization and the | 450 |
manner of filing articles of incorporation, except that the | 451 |
requirements of division (A) of section 1701.06 of the Revised | 452 |
Code do not apply to professional associations. If any provision | 453 |
of this chapter conflicts with any provision of Chapter 1701. of | 454 |
the Revised Code, the provisions of this chapter shall take | 455 |
precedence. A professional association for the practice of | 456 |
medicine and surgery, osteopathic medicine and surgery, or | 457 |
podiatric medicine and surgery or for the combined practice of | 458 |
optometry, chiropractic, acupuncture through the state | 459 |
chiropractic board, psychology, nursing, pharmacy, physical | 460 |
therapy, mechanotherapy, medicine and surgery, osteopathic | 461 |
medicine and surgery, or podiatric medicine and surgery may | 462 |
provide in its articles of incorporation or bylaws that its | 463 |
directors may have terms of office not exceeding six years. | 464 |
Sec. 3715.87. (A) As used in this section and in sections | 465 |
3715.871, 3715.872, and 3715.873 of the Revised Code: | 466 |
(1) "Health care facility" has the same meaning as in section | 467 |
1337.11 of the Revised Code. | 468 |
(2) "Hospital" has the same meaning as in section 3727.01 of | 469 |
the Revised Code. | 470 |
| 471 |
corporation organized and operated pursuant to Chapter 1702. of | 472 |
the Revised Code, or any charitable organization not organized and | 473 |
not operated for profit, that provides health care services to | 474 |
indigent and uninsured persons as defined in section 2305.234 of | 475 |
the Revised Code. "Nonprofit clinic" does not include a hospital | 476 |
as defined in section 3727.01 of the Revised Code, a facility | 477 |
licensed under Chapter 3721. of the Revised Code, or a facility | 478 |
that is operated for profit. | 479 |
| 480 |
following applies: | 481 |
(a) Under the "Food, Drug, and Cosmetic Act," 52 Stat. 1040 | 482 |
(1938), 21 U.S.C.A. 301, as amended, the drug is required to bear | 483 |
a label containing the legend, "Caution: Federal law prohibits | 484 |
dispensing without prescription" or "Caution: Federal law | 485 |
restricts this drug to use by or on the order of a licensed | 486 |
veterinarian" or any similar restrictive statement, or the drug | 487 |
may be dispensed only upon a prescription. | 488 |
(b) Under Chapter 3715. or 3719. of the Revised Code, the | 489 |
drug may be dispensed only upon a prescription. | 490 |
(B) The state board of pharmacy shall establish a drug | 491 |
repository program to accept and dispense prescription drugs | 492 |
donated or given for the purpose of being dispensed to individuals | 493 |
who are residents of this state and meet eligibility standards | 494 |
established in rules adopted by the board under section 3715.873 | 495 |
of the Revised Code. Only drugs in their original sealed and | 496 |
tamper-evident unit dose packaging may be accepted and dispensed. | 497 |
The packaging must be unopened, except that drugs packaged in | 498 |
single unit doses may be accepted and dispensed when the outside | 499 |
packaging is opened if the single unit dose packaging is | 500 |
undisturbed. Drugs donated by individuals bearing an expiration | 501 |
date that is less than six months from the date the drug is | 502 |
donated shall not be accepted or dispensed. A drug shall not be | 503 |
accepted or dispensed if there is reason to believe that it is | 504 |
adulterated as described in section 3715.63 of the Revised Code. | 505 |
Subject to the | 506 |
unused drugs dispensed for purposes of the medicaid program may be | 507 |
accepted and dispensed under the drug repository program. | 508 |
Sec. 3715.871. (A) Any person, including a pharmacy, drug | 509 |
manufacturer,
or | 510 |
511 | |
or give prescription drugs to the drug repository program. The | 512 |
drugs must be donated or given at a pharmacy, hospital, or | 513 |
nonprofit clinic that elects to participate in the drug repository | 514 |
program and meets criteria for participation in the program | 515 |
established in rules adopted by the state board of pharmacy under | 516 |
section 3715.873 of the Revised Code. Participation in the program | 517 |
by pharmacies, hospitals, and nonprofit clinics is voluntary. | 518 |
Nothing in this or any other section of the Revised Code requires | 519 |
a pharmacy, hospital, or nonprofit clinic to participate in the | 520 |
program. | 521 |
(B) A pharmacy, hospital, or nonprofit clinic eligible to | 522 |
participate in the program shall dispense drugs donated or given | 523 |
under this section to individuals who are residents of this state | 524 |
and meet the eligibility standards established in rules adopted by | 525 |
the board under section 3715.873 of the Revised Code or to other | 526 |
government entities and nonprofit private entities to be dispensed | 527 |
to individuals who meet the eligibility standards. A drug may be | 528 |
dispensed only pursuant to a prescription issued by a licensed | 529 |
health professional authorized to prescribe drugs, as defined in | 530 |
section 4729.01 of the Revised Code. A pharmacy, hospital, or | 531 |
nonprofit clinic that accepts donated or given drugs shall comply | 532 |
with all applicable federal laws and laws of this state dealing | 533 |
with storage and distribution of dangerous drugs and shall inspect | 534 |
all drugs prior to dispensing them to determine that they are not | 535 |
adulterated. The pharmacy, hospital, or nonprofit clinic may | 536 |
charge individuals receiving donated or given drugs a handling fee | 537 |
established in accordance with rules adopted by the board under | 538 |
section 3715.873 of the Revised Code. Drugs donated or given to | 539 |
the repository may not be resold. | 540 |
Sec. 3715.872. (A) As used in this section, "health care | 541 |
professional" means any of the following who provide medical, | 542 |
dental, or other health-related diagnosis, care, or treatment: | 543 |
(1) Individuals authorized under Chapter 4731. of the Revised | 544 |
Code to practice medicine and surgery, osteopathic medicine and | 545 |
surgery, or podiatric medicine and surgery; | 546 |
(2) Registered nurses and licensed practical nurses licensed | 547 |
under Chapter 4723. of the Revised Code; | 548 |
(3) Physician assistants authorized to practice under Chapter | 549 |
4730. of the Revised Code; | 550 |
(4) Dentists and dental hygienists licensed under Chapter | 551 |
4715. of the Revised Code; | 552 |
(5) Optometrists licensed under Chapter 4725. of the Revised | 553 |
Code; | 554 |
(6) Pharmacists licensed under Chapter 4729. of the Revised | 555 |
Code. | 556 |
(B) | 557 |
For matters related to donating, giving, accepting, or dispensing | 558 |
drugs under the drug repository program, all of the following | 559 |
apply: | 560 |
(1) Any person, including a pharmacy, drug manufacturer, or | 561 |
health care facility, or any government entity that donates or | 562 |
gives drugs to the drug
repository program | 563 |
564 | |
565 | |
566 | |
567 | |
shall not | 568 |
569 | |
570 | |
liability in tort or other civil action for injury, death, or loss | 571 |
to person or property | 572 |
| 573 |
or dispenses drugs under the program shall not be subject to | 574 |
liability in tort or other civil action for injury, death, or loss | 575 |
to person or property, unless an action or omission of the | 576 |
pharmacy, hospital, or nonprofit clinic constitutes willful and | 577 |
wanton misconduct. | 578 |
(3) A health care professional who accepts or dispenses drugs | 579 |
under the program on behalf of a pharmacy, hospital, or nonprofit | 580 |
clinic, and the pharmacy, hospital, or nonprofit clinic that | 581 |
employs or otherwise uses the services of the health care | 582 |
professional, shall not be subject to liability in tort or other | 583 |
civil action for injury, death, or loss to person or property, | 584 |
unless an action or omission of the health care professional, | 585 |
pharmacy, hospital, or nonprofit clinic constitutes willful and | 586 |
wanton misconduct. | 587 |
(4) The state board of pharmacy and the director of health | 588 |
shall not be subject to liability in tort or other civil action | 589 |
for injury, death, or loss to person or property, unless an action | 590 |
or omission of the board or director constitutes willful and | 591 |
wanton misconduct. | 592 |
(C) In addition to the immunity granted under division (B)(1) | 593 |
of this section, any person, including a pharmacy, drug | 594 |
manufacturer, or health care facility, and any government entity | 595 |
that donates or gives drugs to the program shall not be subject to | 596 |
criminal prosecution for the donation, giving, acceptance, or | 597 |
dispensing of drugs under the program, unless an action or | 598 |
omission of the person or government entity does not comply with | 599 |
the provisions of this chapter or the rules adopted under it. | 600 |
(D) In the case of a drug manufacturer | 601 |
602 | |
603 | |
604 | |
605 | |
divisions (B)(1) and (C) of this section apply with respect to any | 606 |
drug manufactured by the drug manufacturer that is donated or | 607 |
given by any person or government entity under the program, | 608 |
including but not limited to liability for failure to transfer or | 609 |
communicate product or consumer information or the expiration date | 610 |
of the | 611 |
Sec. 3715.873. In consultation with the director of health, | 612 |
the state board of pharmacy shall adopt rules governing the drug | 613 |
repository program that establish all of the following: | 614 |
(A) Eligibility criteria for pharmacies, hospitals, and | 615 |
nonprofit clinics to receive and dispense | 616 |
given under the program; | 617 |
(B) Standards and procedures for accepting, safely storing, | 618 |
and dispensing | 619 |
(C) Standards and procedures for inspecting | 620 |
donated or given to determine that the original unit dose | 621 |
packaging is sealed and tamper-evident and that the drugs are | 622 |
unadulterated, safe, and suitable for dispensing; | 623 |
(D) Eligibility standards based on economic need for | 624 |
individuals to receive drugs; | 625 |
(E) A means, such as an identification card, by which an | 626 |
individual who is eligible to receive | 627 |
program may demonstrate eligibility to the pharmacy, hospital, or | 628 |
nonprofit clinic dispensing the drugs; | 629 |
(F) A form that an individual receiving a drug | 630 |
631 | |
that the individual understands the immunity provisions of the | 632 |
program; | 633 |
(G) A formula to determine the amount of a handling fee that | 634 |
pharmacies, hospitals, and nonprofit clinics may charge to drug | 635 |
recipients to cover restocking and dispensing costs; | 636 |
(H) In addition, for drugs donated or given to the | 637 |
program by individuals: | 638 |
(1) A list of drugs, arranged either by category or by | 639 |
individual drug, that the | 640 |
individuals; | 641 |
(2) A list of drugs, arranged either by category or by | 642 |
individual drug, that the | 643 |
individuals. The list must include a statement as to why the drug | 644 |
is ineligible | 645 |
(3) A form each donor must sign stating that the donor is the | 646 |
owner of the drugs and intends to voluntarily donate them to the | 647 |
648 |
(I) In addition, for drugs donated to the | 649 |
by health care facilities: | 650 |
(1) A list of drugs, arranged either by category or by | 651 |
individual drug, that the | 652 |
health care facilities; | 653 |
(2) A list of drugs, arranged either by category or by | 654 |
individual drug, that the | 655 |
health care facilities. The list must include a statement as to | 656 |
why the
drug is ineligible | 657 |
(J) Any other standards and procedures the board considers | 658 |
appropriate. | 659 |
The rules shall be adopted in accordance with Chapter 119. of | 660 |
the Revised Code. | 661 |
Sec. 4723.16. (A) An individual whom the board of nursing | 662 |
licenses, certificates, or otherwise legally authorizes to engage | 663 |
in the practice of nursing as a registered nurse or as a licensed | 664 |
practical nurse may render the professional services of a | 665 |
registered or licensed practical nurse within this state through a | 666 |
corporation formed under division (B) of section 1701.03 of the | 667 |
Revised Code, a limited liability company formed under Chapter | 668 |
1705. of the Revised Code, a partnership, or a professional | 669 |
association formed under Chapter 1785. of the Revised Code. This | 670 |
division does not preclude an individual of that nature from | 671 |
rendering professional services as a registered or licensed | 672 |
practical nurse through another form of business entity, | 673 |
including, but not limited to, a nonprofit corporation or | 674 |
foundation, or in another manner that is authorized by or in | 675 |
accordance with this chapter, another chapter of the Revised Code, | 676 |
or rules of the board of nursing adopted pursuant to this chapter. | 677 |
(B) A corporation, limited liability company, partnership, or | 678 |
professional association described in division (A) of this section | 679 |
may be formed for the purpose of providing a combination of the | 680 |
professional services of the following individuals who are | 681 |
licensed, certificated, or otherwise legally authorized to | 682 |
practice their respective professions: | 683 |
(1) Optometrists who are authorized to practice optometry | 684 |
under Chapter 4725. of the Revised Code; | 685 |
(2) Chiropractors who are authorized to practice chiropractic | 686 |
or acupuncture under Chapter 4734. of the Revised Code; | 687 |
(3) Psychologists who are authorized to practice psychology | 688 |
under Chapter 4732. of the Revised Code; | 689 |
(4) Registered or licensed practical nurses who are | 690 |
authorized to practice nursing as registered nurses or as licensed | 691 |
practical nurses under this chapter; | 692 |
(5) Pharmacists who are authorized to practice pharmacy under | 693 |
Chapter 4729. of the Revised Code; | 694 |
(6) Physical therapists who are authorized to practice | 695 |
physical therapy under sections 4755.40 to 4755.56 of the Revised | 696 |
Code; | 697 |
(7) Occupational therapists who are licensed to practice | 698 |
occupational therapy under sections 4755.04 to 4755.13 of the | 699 |
Revised Code; | 700 |
(8) Mechanotherapists who are authorized to practice | 701 |
mechanotherapy under section 4731.151 of the Revised Code; | 702 |
(9) Doctors of medicine and surgery, osteopathic medicine and | 703 |
surgery, or podiatric medicine and surgery who are licensed, | 704 |
certificated, or otherwise legally authorized for their respective | 705 |
practices under Chapter 4731. of the Revised Code. | 706 |
This division shall apply notwithstanding a provision of a | 707 |
code of ethics applicable to a nurse that prohibits a registered | 708 |
or licensed practical nurse from engaging in the practice of | 709 |
nursing as a registered nurse or as a licensed practical nurse in | 710 |
combination with a person who is licensed, certificated, or | 711 |
otherwise legally authorized to practice optometry, chiropractic, | 712 |
acupuncture through the state chiropractic board, psychology, | 713 |
pharmacy, physical therapy, occupational therapy, mechanotherapy, | 714 |
medicine and surgery, osteopathic medicine and surgery, or | 715 |
podiatric medicine and surgery, but who is not also licensed, | 716 |
certificated, or otherwise legally authorized to engage in the | 717 |
practice of nursing as a registered nurse or as a licensed | 718 |
practical nurse. | 719 |
Sec. 4725.33. (A) An individual whom the state board of | 720 |
optometry licenses to engage in the practice of optometry may | 721 |
render the professional services of an optometrist within this | 722 |
state through a corporation formed under division (B) of section | 723 |
1701.03 of the Revised Code, a limited liability company formed | 724 |
under Chapter 1705. of the Revised Code, a partnership, or a | 725 |
professional association formed under Chapter 1785. of the Revised | 726 |
Code. This division does not preclude an optometrist from | 727 |
rendering professional services as an optometrist through another | 728 |
form of business entity, including, but not limited to, a | 729 |
nonprofit corporation or foundation, or in another manner that is | 730 |
authorized by or in accordance with this chapter, another chapter | 731 |
of the Revised Code, or rules of the state board of optometry | 732 |
adopted pursuant to this chapter. | 733 |
(B) A corporation, limited liability company, partnership, or | 734 |
professional association described in division (A) of this section | 735 |
may be formed for the purpose of providing a combination of the | 736 |
professional services of the following individuals who are | 737 |
licensed, certificated, or otherwise legally authorized to | 738 |
practice their respective professions: | 739 |
(1) Optometrists who are authorized to practice optometry | 740 |
under Chapter 4725. of the Revised Code; | 741 |
(2) Chiropractors who are authorized to practice chiropractic | 742 |
or acupuncture under Chapter 4734. of the Revised Code; | 743 |
(3) Psychologists who are authorized to practice psychology | 744 |
under Chapter 4732. of the Revised Code; | 745 |
(4) Registered or licensed practical nurses who are | 746 |
authorized to practice nursing as registered nurses or as licensed | 747 |
practical nurses under Chapter 4723. of the Revised Code; | 748 |
(5) Pharmacists who are authorized to practice pharmacy under | 749 |
Chapter 4729. of the Revised Code; | 750 |
(6) Physical therapists who are authorized to practice | 751 |
physical therapy under sections 4755.40 to 4755.56 of the Revised | 752 |
Code; | 753 |
(7) Mechanotherapists who are authorized to practice | 754 |
mechanotherapy under section 4731.151 of the Revised Code; | 755 |
(8) Doctors of medicine and surgery, osteopathic medicine and | 756 |
surgery, or podiatric medicine and surgery who are authorized for | 757 |
their respective practices under Chapter 4731. of the Revised | 758 |
Code. | 759 |
This division shall apply notwithstanding a provision of a | 760 |
code of ethics applicable to an optometrist that prohibits an | 761 |
optometrist from engaging in the practice of optometry in | 762 |
combination with a person who is licensed, certificated, or | 763 |
otherwise legally authorized to practice chiropractic, acupuncture | 764 |
through the state chiropractic board, psychology, nursing, | 765 |
pharmacy, physical therapy, mechanotherapy, medicine and surgery, | 766 |
osteopathic medicine and surgery, or podiatric medicine and | 767 |
surgery, but who is not also licensed, certificated, or otherwise | 768 |
legally authorized to engage in the practice of optometry. | 769 |
Sec. 4729.161. (A) An individual registered with the state | 770 |
board of pharmacy to engage in the practice of pharmacy may render | 771 |
the professional services of a pharmacist within this state | 772 |
through a corporation formed under division (B) of section 1701.03 | 773 |
of the Revised Code, a limited liability company formed under | 774 |
Chapter 1705. of the Revised Code, a partnership, or a | 775 |
professional association formed under Chapter 1785. of the Revised | 776 |
Code. This division does not preclude an individual of that | 777 |
nature from rendering professional services as a pharmacist | 778 |
through another form of business entity, including, but not | 779 |
limited to, a nonprofit corporation or foundation, or in another | 780 |
manner that is authorized by or in accordance with this chapter, | 781 |
another chapter of the Revised Code, or rules of the state board | 782 |
of pharmacy adopted pursuant to this chapter. | 783 |
(B) A corporation, limited liability company, partnership, or | 784 |
professional association described in division (A) of this section | 785 |
may be formed for the purpose of providing a combination of the | 786 |
professional services of the following individuals who are | 787 |
licensed, certificated, or otherwise legally authorized to | 788 |
practice their respective professions: | 789 |
(1) Optometrists who are authorized to practice optometry | 790 |
under Chapter 4725. of the Revised Code; | 791 |
(2) Chiropractors who are authorized to practice chiropractic | 792 |
or acupuncture under Chapter 4734. of the Revised Code; | 793 |
(3) Psychologists who are authorized to practice psychology | 794 |
under Chapter 4732. of the Revised Code; | 795 |
(4) Registered or licensed practical nurses who are | 796 |
authorized to practice nursing as registered nurses or as licensed | 797 |
practical nurses under Chapter 4723. of the Revised Code; | 798 |
(5) Pharmacists who are authorized to practice pharmacy under | 799 |
Chapter 4729. of the Revised Code; | 800 |
(6) Physical therapists who are authorized to practice | 801 |
physical therapy under sections 4755.40 to 4755.56 of the Revised | 802 |
Code; | 803 |
(7) Occupational therapists who are authorized to practice | 804 |
occupational therapy under sections 4755.04 to 4755.13 of the | 805 |
Revised Code; | 806 |
(8) Mechanotherapists who are authorized to practice | 807 |
mechanotherapy under section 4731.151 of the Revised Code; | 808 |
(9) Doctors of medicine and surgery, osteopathic medicine and | 809 |
surgery, or podiatric medicine and surgery who are authorized for | 810 |
their respective practices under Chapter 4731. of the Revised | 811 |
Code. | 812 |
This division shall apply notwithstanding a provision of a | 813 |
code of ethics applicable to a pharmacist that prohibits a | 814 |
pharmacist from engaging in the practice of pharmacy in | 815 |
combination with a person who is licensed, certificated, or | 816 |
otherwise legally authorized to practice optometry, chiropractic, | 817 |
acupuncture through the state chiropractic board, psychology, | 818 |
nursing, physical therapy, occupational therapy, mechanotherapy, | 819 |
medicine and surgery, osteopathic medicine and surgery, or | 820 |
podiatric medicine and surgery, but who is not also licensed, | 821 |
certificated, or otherwise legally authorized to engage in the | 822 |
practice of pharmacy. | 823 |
Sec. 4731.226. (A)(1) An individual whom the state medical | 824 |
board licenses, certificates, or otherwise legally authorizes to | 825 |
engage in the practice of medicine and surgery, osteopathic | 826 |
medicine and surgery, or podiatric medicine and surgery may render | 827 |
the professional services of a doctor of medicine and surgery, | 828 |
osteopathic medicine and surgery, or podiatric medicine and | 829 |
surgery within this state through a corporation formed under | 830 |
division (B) of section 1701.03 of the Revised Code, a limited | 831 |
liability company formed under Chapter 1705. of the Revised Code, | 832 |
a partnership, or a professional association formed under Chapter | 833 |
1785. of the Revised Code. Division (A)(1) of this section does | 834 |
not preclude an individual of that nature from rendering | 835 |
professional services as a doctor of medicine and surgery, | 836 |
osteopathic medicine and surgery, or podiatric medicine and | 837 |
surgery through another form of business entity, including, but | 838 |
not limited to, a nonprofit corporation or foundation, or in | 839 |
another manner that is authorized by or in accordance with this | 840 |
chapter, another chapter of the Revised Code, or rules of the | 841 |
state medical board adopted pursuant to this chapter. | 842 |
(2) An individual whom the state medical board authorizes to | 843 |
engage in the practice of mechanotherapy may render the | 844 |
professional services of a mechanotherapist within this state | 845 |
through a corporation formed under division (B) of section 1701.03 | 846 |
of the Revised Code, a limited liability company formed under | 847 |
Chapter 1705. of the Revised Code, a partnership, or a | 848 |
professional association formed under Chapter 1785. of the Revised | 849 |
Code. Division (A)(2) of this section does not preclude an | 850 |
individual of that nature from rendering professional services as | 851 |
a mechanotherapist through another form of business entity, | 852 |
including, but not limited to, a nonprofit corporation or | 853 |
foundation, or in another manner that is authorized by or in | 854 |
accordance with this chapter, another chapter of the Revised Code, | 855 |
or rules of the state medical board adopted pursuant to this | 856 |
chapter. | 857 |
(B) A corporation, limited liability company, partnership, or | 858 |
professional association described in division (A) of this section | 859 |
may be formed for the purpose of providing a combination of the | 860 |
professional services of the following individuals who are | 861 |
licensed, certificated, or otherwise legally authorized to | 862 |
practice their respective professions: | 863 |
(1) Optometrists who are authorized to practice optometry | 864 |
under Chapter 4725. of the Revised Code; | 865 |
(2) Chiropractors who are authorized to practice chiropractic | 866 |
or acupuncture under Chapter 4734. of the Revised Code; | 867 |
(3) Psychologists who are authorized to practice psychology | 868 |
under Chapter 4732. of the Revised Code; | 869 |
(4) Registered or licensed practical nurses who are | 870 |
authorized to practice nursing as registered nurses or as licensed | 871 |
practical nurses under Chapter 4723. of the Revised Code; | 872 |
(5) Pharmacists who are authorized to practice pharmacy under | 873 |
Chapter 4729. of the Revised Code; | 874 |
(6) Physical therapists who are authorized to practice | 875 |
physical therapy under sections 4755.40 to 4755.56 of the Revised | 876 |
Code; | 877 |
(7) Occupational therapists who are authorized to practice | 878 |
occupational therapy under sections 4755.04 to 4755.13 of the | 879 |
Revised Code; | 880 |
(8) Mechanotherapists who are authorized to practice | 881 |
mechanotherapy under section 4731.151 of the Revised Code; | 882 |
(9) Doctors of medicine and surgery, osteopathic medicine and | 883 |
surgery, or podiatric medicine and surgery who are authorized for | 884 |
their respective practices under this chapter. | 885 |
(C) Division (B) of this section shall apply notwithstanding | 886 |
a provision of a code of ethics described in division (B)(18) of | 887 |
section 4731.22 of the Revised Code that prohibits either of the | 888 |
following: | 889 |
(1) A doctor of medicine and surgery, osteopathic medicine | 890 |
and surgery, or podiatric medicine and surgery from engaging in | 891 |
the doctor's authorized practice in combination with a person who | 892 |
is licensed, certificated, or otherwise legally authorized to | 893 |
engage in the practice of optometry, chiropractic, acupuncture | 894 |
through the state chiropractic board, psychology, nursing, | 895 |
pharmacy, physical therapy, occupational therapy, or | 896 |
mechanotherapy, but who is not also licensed, certificated, or | 897 |
otherwise legally authorized to practice medicine and surgery, | 898 |
osteopathic medicine and surgery, or podiatric medicine and | 899 |
surgery. | 900 |
(2) A mechanotherapist from engaging in the practice of | 901 |
mechanotherapy in combination with a person who is licensed, | 902 |
certificated, or otherwise legally authorized to engage in the | 903 |
practice of optometry, chiropractic, acupuncture through the state | 904 |
chiropractic board, psychology, nursing, pharmacy, physical | 905 |
therapy, occupational therapy, medicine and surgery, osteopathic | 906 |
medicine and surgery, or podiatric medicine and surgery, but who | 907 |
is not also licensed, certificated, or otherwise legally | 908 |
authorized to engage in the practice of mechanotherapy. | 909 |
Sec. 4731.23. (A)(1)(a) The state medical board shall | 910 |
designate
| 911 |
been admitted to the practice of law,
and who | 912 |
either | 913 |
administrative law attorney examiner
| 914 |
under the state job classification plan adopted under section | 915 |
124.14 of the Revised Code, as | 916 |
subject to Chapter 119. of the Revised Code, to conduct any | 917 |
hearing which the medical board is empowered to hold or undertake | 918 |
pursuant to Chapter 119. of the Revised Code. | 919 |
(b) Notwithstanding the requirement of division (A)(1)(a) of | 920 |
this section that the board designate as a hearing examiner an | 921 |
attorney who is classified as either an administrative law | 922 |
attorney examiner or an administrative law attorney examiner | 923 |
administrator, the board may, subject to controlling board | 924 |
approval, enter into a personal service contract with an attorney | 925 |
admitted to the practice of law in this state to serve on a | 926 |
temporary basis as a hearing examiner. | 927 |
(2) The hearing examiner shall hear and consider the oral and | 928 |
documented evidence introduced by the parties and issue in writing | 929 |
proposed findings of fact and conclusions of law to the board for | 930 |
their consideration within thirty days following the close of the | 931 |
hearing. | 932 |
(B) The board shall be given copies of the transcript of the | 933 |
record hearing and all exhibits and documents presented by the | 934 |
parties at the hearing. | 935 |
(C) The board shall, upon the favorable vote of three | 936 |
members, allow the parties or their counsel the opportunity to | 937 |
present oral arguments on the proposed findings of fact and | 938 |
conclusions of law of the hearing examiner prior to the board's | 939 |
final action. | 940 |
(D) The board shall render a decision and take action within | 941 |
sixty days following the receipt of the hearing examiner's | 942 |
proposed findings of fact and conclusions of law or within any | 943 |
longer period mutually agreed upon by the board and the | 944 |
certificate holder. | 945 |
(E) The final decision of the board in any hearing which the | 946 |
board is empowered to undertake shall be in writing and contain | 947 |
findings of fact and conclusions of law. Copies of the decision | 948 |
shall be delivered to the parties personally or by certified mail. | 949 |
The decision shall be final upon delivery or mailing, except that | 950 |
the certificate holder may appeal in the manner provided by | 951 |
Chapter 119. of the Revised Code. | 952 |
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the | 953 |
Revised Code: | 954 |
(A)(1) "Clinical laboratory services" means either of the | 955 |
following: | 956 |
(a) Any examination of materials derived from the human body | 957 |
for the purpose of providing information for the diagnosis, | 958 |
prevention, or treatment of any disease or impairment or for the | 959 |
assessment of health; | 960 |
(b) Procedures to determine, measure, or otherwise describe | 961 |
the presence or absence of various substances or organisms in the | 962 |
body. | 963 |
(2) "Clinical laboratory services" does not include the mere | 964 |
collection or preparation of specimens. | 965 |
(B) "Designated health services" means any of the following: | 966 |
(1) Clinical laboratory services; | 967 |
(2) Home health care services; | 968 |
(3) Outpatient prescription drugs. | 969 |
(C) "Fair market value" means the value in arms-length | 970 |
transactions, consistent with general market value and: | 971 |
(1) With respect to rentals or leases, the value of rental | 972 |
property for general commercial purposes, not taking into account | 973 |
its intended use; | 974 |
(2) With respect to a lease of space, not adjusted to reflect | 975 |
the additional value the prospective lessee or lessor would | 976 |
attribute to the proximity or convenience to the lessor if the | 977 |
lessor is a potential source of referrals to the lessee. | 978 |
(D) "Governmental health care program" means any program | 979 |
providing health care benefits that is administered by the federal | 980 |
government, this state, or a political subdivision of this state, | 981 |
including the medicare program established under Title XVIII of | 982 |
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 983 |
as amended, health care coverage for public employees, health care | 984 |
benefits administered by the bureau of workers' compensation, the | 985 |
medical assistance program established under Chapter 5111. of the | 986 |
Revised Code, and the disability medical assistance program | 987 |
established under Chapter 5115. of the Revised Code. | 988 |
(E)(1) "Group practice" means a group of two or more holders | 989 |
of certificates under this chapter legally organized as a | 990 |
partnership, professional corporation or association, limited | 991 |
liability company, foundation, nonprofit corporation, faculty | 992 |
practice plan, or similar group practice entity, including an | 993 |
organization comprised of a nonprofit medical clinic that | 994 |
contracts with a professional corporation or association of | 995 |
physicians to provide medical services exclusively to patients of | 996 |
the clinic in order to comply with section 1701.03 of the Revised | 997 |
Code and including a corporation, limited liability company, | 998 |
partnership, or professional association described in division (B) | 999 |
of section 4731.226 of the Revised Code formed for the purpose of | 1000 |
providing a combination of the professional services of | 1001 |
optometrists who are licensed, certificated, or otherwise legally | 1002 |
authorized to practice optometry under Chapter 4725. of the | 1003 |
Revised Code, chiropractors who are licensed, certificated, or | 1004 |
otherwise legally authorized to practice chiropractic or | 1005 |
acupuncture under Chapter 4734. of the Revised Code, psychologists | 1006 |
who are licensed, certificated, or otherwise legally authorized to | 1007 |
practice psychology under Chapter 4732. of the Revised Code, | 1008 |
registered or licensed practical nurses who are licensed, | 1009 |
certificated, or otherwise legally authorized to practice nursing | 1010 |
under Chapter 4723. of the Revised Code, pharmacists who are | 1011 |
licensed, certificated, or otherwise legally authorized to | 1012 |
practice pharmacy under Chapter 4729. of the Revised Code, | 1013 |
physical therapists who are licensed, certificated, or otherwise | 1014 |
legally authorized to practice physical therapy under sections | 1015 |
4755.40 to 4755.56 of the Revised Code, occupational therapists | 1016 |
who are licensed, certificated, or otherwise legally authorized to | 1017 |
practice occupational therapy under sections 4755.04 to 4755.13 of | 1018 |
the Revised Code, mechanotherapists who are licensed, | 1019 |
certificated, or otherwise legally authorized to practice | 1020 |
mechanotherapy under section 4731.151 of the Revised Code, and | 1021 |
doctors of medicine and surgery, osteopathic medicine and surgery, | 1022 |
or podiatric medicine and surgery who are licensed, certificated, | 1023 |
or otherwise legally authorized for their respective practices | 1024 |
under this chapter, to which all of the following apply: | 1025 |
(a) Each physician who is a member of the group practice | 1026 |
provides substantially the full range of services that the | 1027 |
physician routinely provides, including medical care, | 1028 |
consultation, diagnosis, or treatment, through the joint use of | 1029 |
shared office space, facilities, equipment, and personnel. | 1030 |
(b) Substantially all of the services of the members of the | 1031 |
group are provided through the group and are billed in the name of | 1032 |
the group and amounts so received are treated as receipts of the | 1033 |
group. | 1034 |
(c) The overhead expenses of and the income from the practice | 1035 |
are distributed in accordance with methods previously determined | 1036 |
by members of the group. | 1037 |
(d) The group practice meets any other requirements that the | 1038 |
state medical board applies in rules adopted under section 4731.70 | 1039 |
of the Revised Code. | 1040 |
(2) In the case of a faculty practice plan associated with a | 1041 |
hospital with a medical residency training program in which | 1042 |
physician members may provide a variety of specialty services and | 1043 |
provide professional services both within and outside the group, | 1044 |
as well as perform other tasks such as research, the criteria in | 1045 |
division (E)(1) of this section apply only with respect to | 1046 |
services rendered within the faculty practice plan. | 1047 |
(F) "Home health care services" and "immediate family" have | 1048 |
the same meanings as in the rules adopted under section 4731.70 of | 1049 |
the Revised Code. | 1050 |
(G) "Hospital" has the same meaning as in section 3727.01 of | 1051 |
the Revised Code. | 1052 |
(H) A "referral" includes both of the following: | 1053 |
(1) A request by a holder of a certificate under this chapter | 1054 |
for an item or service, including a request for a consultation | 1055 |
with another physician and any test or procedure ordered by or to | 1056 |
be performed by or under the supervision of the other physician; | 1057 |
(2) A request for or establishment of a plan of care by a | 1058 |
certificate holder that includes the provision of designated | 1059 |
health services. | 1060 |
(I) "Third-party payer" has the same meaning as in section | 1061 |
3901.38 of the Revised Code. | 1062 |
Sec. 4732.28. (A) An individual whom the state board of | 1063 |
psychology licenses, certificates, or otherwise legally authorizes | 1064 |
to engage in the practice of psychology may render the | 1065 |
professional services of a psychologist within this state through | 1066 |
a corporation formed under division (B) of section 1701.03 of the | 1067 |
Revised Code, a limited liability company formed under Chapter | 1068 |
1705. of the Revised Code, a partnership, or a professional | 1069 |
association formed under Chapter 1785. of the Revised Code. This | 1070 |
division does not preclude an individual of that nature from | 1071 |
rendering professional services as a psychologist through another | 1072 |
form of business entity, including, but not limited to, a | 1073 |
nonprofit corporation or foundation, or in another manner that is | 1074 |
authorized by or in accordance with this chapter, another chapter | 1075 |
of the Revised Code, or rules of the state board of psychology | 1076 |
adopted pursuant to this chapter. | 1077 |
(B) A corporation, limited liability company, partnership, or | 1078 |
professional association described in division (A) of this section | 1079 |
may be formed for the purpose of providing a combination of the | 1080 |
professional services of the following individuals who are | 1081 |
licensed, certificated, or otherwise legally authorized to | 1082 |
practice their respective professions: | 1083 |
(1) Optometrists who are authorized to practice optometry | 1084 |
under Chapter 4725. of the Revised Code; | 1085 |
(2) Chiropractors who are authorized to practice chiropractic | 1086 |
or acupuncture under Chapter 4734. of the Revised Code; | 1087 |
(3) Psychologists who are authorized to practice psychology | 1088 |
under this chapter; | 1089 |
(4) Registered or licensed practical nurses who are | 1090 |
authorized to practice nursing as registered nurses or as licensed | 1091 |
practical nurses under Chapter 4723. of the Revised Code; | 1092 |
(5) Pharmacists who are authorized to practice pharmacy under | 1093 |
Chapter 4729. of the Revised Code; | 1094 |
(6) Physical therapists who are authorized to practice | 1095 |
physical therapy under sections 4755.40 to 4755.56 of the Revised | 1096 |
Code; | 1097 |
(7) Occupational therapists who are authorized to practice | 1098 |
occupational therapy under sections 4755.04 to 4755.13 of the | 1099 |
Revised Code; | 1100 |
(8) Mechanotherapists who are authorized to practice | 1101 |
mechanotherapy under section 4731.151 of the Revised Code; | 1102 |
(9) Doctors of medicine and surgery, osteopathic medicine and | 1103 |
surgery, or podiatric medicine and surgery who are authorized for | 1104 |
their respective practices under Chapter 4731. of the Revised | 1105 |
Code. | 1106 |
This division shall apply notwithstanding a provision of a | 1107 |
code of ethics applicable to a psychologist that prohibits a | 1108 |
psychologist from engaging in the practice of psychology in | 1109 |
combination with a person who is licensed, certificated, or | 1110 |
otherwise legally authorized to practice optometry, chiropractic, | 1111 |
acupuncture through the state chiropractic board, nursing, | 1112 |
pharmacy, physical therapy, occupational therapy, mechanotherapy, | 1113 |
medicine and surgery, osteopathic medicine and surgery, or | 1114 |
podiatric medicine and surgery, but who is not also licensed, | 1115 |
certificated, or otherwise legally authorized to engage in the | 1116 |
practice of psychology. | 1117 |
Sec. 4734.10. In addition to rules that are required by this | 1118 |
chapter to be adopted, the state chiropractic board may adopt any | 1119 |
other rules necessary to govern the practice of chiropractic and | 1120 |
acupuncture under this chapter and to administer and enforce this | 1121 |
chapter. The rules shall be adopted in accordance with Chapter | 1122 |
119. of the Revised Code. | 1123 |
Sec. 4734.141. Except for individuals described in section | 1124 |
4762.02 of the Revised Code, no person who holds a license to | 1125 |
practice chiropractic issued by the state chiropractic board shall | 1126 |
engage in the practice of acupuncture unless the person holds a | 1127 |
valid certificate to practice acupuncture issued by the board | 1128 |
under section 4734.283 of the Revised Code. | 1129 |
Sec. 4734.142. No person who holds a certificate to practice | 1130 |
acupuncture issued by the state chiropractic board under section | 1131 |
4734.283 of the Revised Code shall do any of the following: | 1132 |
(A) Perform an acupuncture service that is beyond the scope | 1133 |
of the person's education, training, and experience; | 1134 |
(B) Advertise or otherwise represent to the public that the | 1135 |
person is engaged in the practice of oriental medicine; | 1136 |
(C) Permit an employee or assistant, other than an individual | 1137 |
described in section 4762.02 of the Revised Code, to do either of | 1138 |
the following: | 1139 |
(1) Insert, stimulate, or remove acupuncture needles; | 1140 |
(2) Apply moxibustion. | 1141 |
Sec. 4734.15. (A) The license provided for in this chapter | 1142 |
shall entitle the holder thereof to practice chiropractic in this | 1143 |
state. All of the following apply to the practice of chiropractic | 1144 |
in this state: | 1145 |
(1) A chiropractor is authorized to examine, diagnose, and | 1146 |
assume responsibility for the care of patients, any or all of | 1147 |
which is included in the practice of chiropractic. | 1148 |
(2) The practice of chiropractic does not permit | 1149 |
chiropractor to treat infectious, contagious, or venereal disease, | 1150 |
to perform surgery | 1151 |
drugs for treatment. | 1152 |
(3) Except as provided in division (B) of this section, the | 1153 |
practice of chiropractic does not permit a chiropractor to perform | 1154 |
acupuncture. | 1155 |
(4) A chiropractor may use roentgen rays only for diagnostic | 1156 |
purposes. | 1157 |
| 1158 |
performance of abortions. | 1159 |
(B) A chiropractor who holds a valid certificate to practice | 1160 |
acupuncture issued under section 4734.283 of the Revised Code is | 1161 |
authorized to perform acupuncture. | 1162 |
(C) An individual holding a valid, current license to | 1163 |
practice chiropractic is entitled to use the title "doctor," | 1164 |
"doctor of chiropractic," "chiropractic physician," or | 1165 |
"chiropractic" and is a "physician" for the purposes of Chapter | 1166 |
4123. of the Revised Code. | 1167 |
Sec. 4734.16. The state chiropractic board may establish a | 1168 |
code of ethics that applies to chiropractors and their practice of | 1169 |
chiropractic
| 1170 |
board may establish the code of ethics by creating its own code of | 1171 |
ethics or by adopting a code of ethics created by a state or | 1172 |
federal organization that represents the interests of | 1173 |
chiropractors. If a code of ethics is established, the board shall | 1174 |
maintain current copies of the code of ethics for distribution on | 1175 |
request. | 1176 |
Sec. 4734.17. (A) An individual whom the state chiropractic | 1177 |
board licenses to engage in the practice of chiropractic or | 1178 |
certifies to practice acupuncture may render the professional | 1179 |
services of a chiropractor or chiropractor certified to practice | 1180 |
acupuncture within this state through a corporation formed under | 1181 |
division (B) of section 1701.03 of the Revised Code, a limited | 1182 |
liability company formed under Chapter 1705. of the Revised Code, | 1183 |
a partnership, or a professional association formed under Chapter | 1184 |
1785. of the Revised Code. This division does not preclude a | 1185 |
chiropractor from rendering professional services as a | 1186 |
chiropractor or chiropractor certified to practice acupuncture | 1187 |
through another form of business entity, including, but not | 1188 |
limited to, a nonprofit corporation or foundation, or in another | 1189 |
manner that is authorized by or in accordance with this chapter, | 1190 |
another chapter of the Revised Code, or rules of the state | 1191 |
chiropractic board adopted pursuant to this chapter. | 1192 |
(B) A corporation, limited liability company, partnership, or | 1193 |
professional association described in division (A) of this section | 1194 |
may be formed for the purpose of providing a combination of the | 1195 |
professional services of the following individuals who are | 1196 |
licensed, certificated, or otherwise legally authorized to | 1197 |
practice their respective professions: | 1198 |
(1) Optometrists who are authorized to practice optometry, | 1199 |
under Chapter 4725. of the Revised Code; | 1200 |
(2) Chiropractors who are authorized to practice chiropractic | 1201 |
or acupuncture under this chapter; | 1202 |
(3) Psychologists who are authorized to practice psychology | 1203 |
under Chapter 4732. of the Revised Code; | 1204 |
(4) Registered or licensed practical nurses who are | 1205 |
authorized to practice nursing as registered nurses or as licensed | 1206 |
practical nurses under Chapter 4723. of the Revised Code; | 1207 |
(5) Pharmacists who are authorized to practice pharmacy under | 1208 |
Chapter 4729. of the Revised Code; | 1209 |
(6) Physical therapists who are authorized to practice | 1210 |
physical therapy under sections 4755.40 to 4755.56 of the Revised | 1211 |
Code; | 1212 |
(7) Occupational therapists who are authorized to practice | 1213 |
occupational therapy under sections 4755.04 to 4755.13 of the | 1214 |
Revised Code; | 1215 |
(8) Mechanotherapists who are authorized to practice | 1216 |
mechanotherapy under section 4731.151 of the Revised Code; | 1217 |
(9) Doctors of medicine and surgery, osteopathic medicine and | 1218 |
surgery, or podiatric medicine and surgery who are authorized for | 1219 |
their respective practices under Chapter 4731. of the Revised | 1220 |
Code. | 1221 |
This division shall apply notwithstanding a provision of any | 1222 |
code of ethics established or adopted under section 4734.16 of | 1223 |
the Revised Code that prohibits an individual from engaging in the | 1224 |
practice of chiropractic or acupuncture in combination with an | 1225 |
individual who is licensed, certificated, or otherwise authorized | 1226 |
for the practice of optometry, psychology, nursing, pharmacy, | 1227 |
physical therapy, occupational therapy, mechanotherapy, medicine | 1228 |
and surgery, osteopathic medicine and surgery, or podiatric | 1229 |
medicine and surgery, but who is not also licensed under this | 1230 |
chapter to engage in the practice of chiropractic. | 1231 |
Sec. 4734.19. A chiropractor shall retain at the | 1232 |
chiropractor's primary practice location a current copy of the | 1233 |
statutes and rules
governing the practice of chiropractic | 1234 |
1235 |
Sec. 4734.211. (A) In consultation with the state medical | 1236 |
board, the state chiropractic board shall approve courses of study | 1237 |
in acupuncture that prepare a chiropractor licensed under this | 1238 |
chapter to receive a certificate to practice acupuncture issued | 1239 |
under section 4732.283 of the Revised Code. | 1240 |
(B) To be approved, a course of study must require the | 1241 |
successful completion of at least three hundred hours of | 1242 |
instruction. Of the three hundred hours of instruction, at least | 1243 |
two hundred hours must consist of direct clinical instruction that | 1244 |
covers all of the following: | 1245 |
(1) Application of acupuncture techniques; | 1246 |
(2) An introduction to traditional Chinese acupuncture; | 1247 |
(3) Acupuncture points; | 1248 |
(4) Applications of acupuncture in modern western medicine; | 1249 |
(5) Guidelines on safety in acupuncture; | 1250 |
(6) Treatment techniques. | 1251 |
(C) In determining whether to approve a course of study, the | 1252 |
state chiropractic board shall take into consideration the | 1253 |
qualifications of the entity that administers the course of study. | 1254 |
The board may approve a course of study that is administered by | 1255 |
any of the following: | 1256 |
(1) A school or college of chiropractic that has been | 1257 |
approved by a national entity acceptable to the board; | 1258 |
(2) An institution with an acupuncture program that is | 1259 |
accredited by the accreditation commission for acupuncture and | 1260 |
oriental medicine; | 1261 |
(3) A school or college of medicine and surgery, osteopathic | 1262 |
medicine and surgery, or podiatric medicine and surgery; | 1263 |
(4) A hospital; | 1264 |
(5) An institution that holds a certificate of authorization | 1265 |
from the board of regents; | 1266 |
(6) An institution that holds program authorization from the | 1267 |
state board of career colleges and schools under section 3332.05 | 1268 |
of the Revised Code. | 1269 |
Sec. 4734.28. As used in sections 4734.28 to 4734.286 of the | 1270 |
Revised Code: | 1271 |
(A) "Acupuncture" means a form of health care performed by | 1272 |
the insertion and removal of specialized needles, with or without | 1273 |
the application of moxibustion or electrical stimulation, to | 1274 |
specific areas of the human body. | 1275 |
(B) "Moxibustion" means the use of an herbal heat source on | 1276 |
one or more acupuncture points. | 1277 |
Sec. 4734.281. Except in cases where a chiropractor holds a | 1278 |
certificate issued under section 4762.04 of the Revised Code or is | 1279 |
an individual described in division (B) of section 4762.02 of the | 1280 |
Revised Code, a chiropractor licensed under this chapter shall not | 1281 |
engage in the practice of acupuncture unless the chiropractor | 1282 |
holds a valid certificate to practice acupuncture issued by the | 1283 |
state chiropractic board under this chapter. | 1284 |
Sec. 4734.282. (A) A chiropractor licensed under this | 1285 |
chapter seeking a certificate to practice acupuncture shall file | 1286 |
with the state chiropractic board a written application on a form | 1287 |
prescribed and supplied by the board. The application shall | 1288 |
include all of the following: | 1289 |
(1) Evidence satisfactory to the board that the applicant's | 1290 |
license is current and valid and that the applicant is in good | 1291 |
standing with the board; | 1292 |
(2) Evidence satisfactory to the board that the applicant has | 1293 |
completed a course of study in acupuncture approved by the board | 1294 |
in accordance with section 4734.211 of the Revised Code. | 1295 |
(3) Evidence satisfactory to the board that the applicant has | 1296 |
passed the acupuncture examination administered by the national | 1297 |
board of chiropractic examiners or a person that administers the | 1298 |
examinations on the national board's behalf. | 1299 |
(B) The board shall review all applications received under | 1300 |
this section. The board shall determine whether an applicant meets | 1301 |
the requirements to receive a certificate to practice acupuncture | 1302 |
not later than sixty days after receiving a complete application. | 1303 |
The affirmative vote of not fewer than three members of the board | 1304 |
is required to determine that an applicant meets the requirements | 1305 |
for a certificate. | 1306 |
(C) At the time of making application for a certificate to | 1307 |
practice acupuncture, the applicant shall pay the board a fee in | 1308 |
an amount determined by the board pursuant to rules adopted under | 1309 |
section 4734.10 of the Revised Code, no part of which shall be | 1310 |
returned. | 1311 |
Sec. 4734.283. If the state chiropractic board determines | 1312 |
under section 4734.282 of the Revised Code that an applicant meets | 1313 |
the requirements for a certificate to practice acupuncture, the | 1314 |
executive director of the board shall issue to the applicant a | 1315 |
certificate to practice acupuncture. The certificate shall expire | 1316 |
annually. It may be renewed in accordance with section 4734.284 of | 1317 |
the Revised Code. | 1318 |
Sec. 4734.284. A chiropractor seeking to renew a certificate | 1319 |
to practice acupuncture shall follow the standard renewal | 1320 |
procedures of Chapter 4745. of the Revised Code and do all of the | 1321 |
following: | 1322 |
(A) Furnish the state chiropractic board with satisfactory | 1323 |
evidence that the chiropractor completed, during the twenty-four | 1324 |
months immediately preceding renewal, at least twelve hours of | 1325 |
acupuncture continuing education provided by an entity that | 1326 |
administers a course of study approved under section 4734.211 of | 1327 |
the Revised Code; | 1328 |
(B) Certify to the board that the chiropractor remains in | 1329 |
good standing with the board and has not engaged in any conduct | 1330 |
for which the board may take action under division (C) of section | 1331 |
4734.31 of the Revised Code; | 1332 |
(C) Pay a renewal fee in an amount determined by the board | 1333 |
pursuant to rules adopted under section 4734.10 of the Revised | 1334 |
Code. | 1335 |
Sec. 4734.285. A chiropractor who holds a certificate to | 1336 |
practice acupuncture issued under this chapter may represent or | 1337 |
advertise the chiropractor to be a "chiropractor certified by the | 1338 |
state chiropractic board to practice acupuncture." Unless the | 1339 |
chiropractor holds a license issued under section 4762.04 of the | 1340 |
Revised Code, the chiropractor shall not represent or advertise | 1341 |
the chiropractor as holding any of the titles listed in section | 1342 |
4762.08 of the Revised Code. | 1343 |
This section does not prohibit a chiropractor from using any | 1344 |
of the titles listed in division (C) of section 4734.15 of the | 1345 |
Revised Code. | 1346 |
Sec. 4734.286. (A) A chiropractor who holds a certificate to | 1347 |
practice acupuncture issued under this chapter who intends not to | 1348 |
practice acupuncture in this state for an extended period of time | 1349 |
may send to the state chiropractic board written notice to that | 1350 |
effect on or before the certificate renewal date. If the | 1351 |
chiropractor's certificate is in good standing and the | 1352 |
chiropractor is not under disciplinary review pursuant to section | 1353 |
4734.31 of the Revised Code, the board shall classify the | 1354 |
certificate as inactive and the chiropractor may not engage in the | 1355 |
practice of acupuncture in this state or make any representation | 1356 |
to the public indicating that the chiropractor is actively | 1357 |
certified to practice acupuncture under this chapter. A | 1358 |
chiropractor whose certificate to practice acupuncture is | 1359 |
classified as inactive is not required to pay the certificate | 1360 |
renewal fee for the certificate. | 1361 |
(B) The holder of an inactive certificate to practice | 1362 |
acupuncture may apply to the board to have the certificate | 1363 |
restored. The board shall consider the length of inactivity and, | 1364 |
in accordance with the conditions for issuance of a license to | 1365 |
practice chiropractic established under section 4734.20 of the | 1366 |
Revised Code and the requirements for issuance of a certificate to | 1367 |
practice acupuncture established under section 4734.282 of the | 1368 |
Revised Code, the moral character and the activities of the | 1369 |
applicant during the inactive period. The board may impose terms | 1370 |
and conditions on restoration of the certificate by doing any of | 1371 |
the following: | 1372 |
(1) Requiring the applicant to obtain training, which may | 1373 |
include requiring the applicant to pass an examination on | 1374 |
completion of the training; | 1375 |
(2) Requiring the applicant to pass an oral or written | 1376 |
examination, or both, to determine fitness to resume practice; | 1377 |
(3) Restricting or limiting the extent, scope, or type of | 1378 |
practice of the applicant. | 1379 |
Sec. 4734.31. (A) The state chiropractic board may take any | 1380 |
of the actions specified in division (B) of this section against | 1381 |
an individual who has applied for or holds a license to practice | 1382 |
chiropractic in this state if any of the reasons specified in | 1383 |
division (C) of this section for taking action against an | 1384 |
individual are applicable. Except as provided in division (D) of | 1385 |
this section, actions taken against an individual shall be taken | 1386 |
in accordance with Chapter 119. of the Revised Code. The board may | 1387 |
specify that any action it takes is a permanent action. The | 1388 |
board's authority to take action against an individual is not | 1389 |
removed or limited by the individual's failure to renew a license. | 1390 |
(B) In its imposition of sanctions against an individual, the | 1391 |
board may do any of the following: | 1392 |
(1) Refuse to issue, renew, restore, or reinstate a license | 1393 |
to practice chiropractic or a certificate to practice acupuncture; | 1394 |
(2) Reprimand or censure a license holder; | 1395 |
(3) Place limits, restrictions, or probationary conditions on | 1396 |
a license holder's practice; | 1397 |
(4) Impose a civil fine of not more than five thousand | 1398 |
dollars according to a schedule of fines specified in rules that | 1399 |
the board shall adopt
in accordance with
| 1400 |
the Revised Code. | 1401 |
(5) Suspend a license to practice chiropractic or a | 1402 |
certificate to practice acupuncture for a limited or indefinite | 1403 |
period; | 1404 |
(6) Revoke a license to practice chiropractic or a | 1405 |
certificate to practice acupuncture. | 1406 |
(C) The board may take the actions specified in division (B) | 1407 |
of this section for any of the following reasons: | 1408 |
(1) A plea of guilty to, a judicial finding of guilt of, or | 1409 |
a judicial finding of eligibility for intervention in lieu of | 1410 |
conviction for, a felony in any jurisdiction, in which case a | 1411 |
certified copy of the court record shall be conclusive evidence of | 1412 |
the conviction; | 1413 |
(2) Commission of an act that constitutes a felony in this | 1414 |
state, regardless of the jurisdiction in which the act was | 1415 |
committed; | 1416 |
(3) A plea of guilty to, a judicial finding of guilt of, or a | 1417 |
judicial finding of eligibility for intervention in lieu of | 1418 |
conviction for, a misdemeanor involving moral turpitude, as | 1419 |
determined by the board, in which case a certified copy of the | 1420 |
court record shall be conclusive evidence of the matter; | 1421 |
(4) Commission of an act involving moral turpitude that | 1422 |
constitutes a misdemeanor in this state, regardless of the | 1423 |
jurisdiction in which the act was committed; | 1424 |
(5) A plea of guilty to, a judicial finding of guilt of, or a | 1425 |
judicial finding of eligibility for intervention in lieu of | 1426 |
conviction for, a misdemeanor committed in the course of practice, | 1427 |
in which case a certified copy of the court record shall be | 1428 |
conclusive evidence of the matter; | 1429 |
(6) Commission of an act in the course of practice that | 1430 |
constitutes a misdemeanor in this state, regardless of the | 1431 |
jurisdiction in which the act was committed; | 1432 |
(7) A violation or attempted violation of this chapter or the | 1433 |
rules adopted under it governing the practice of chiropractic and | 1434 |
the practice of acupuncture by a chiropractor licensed under this | 1435 |
chapter; | 1436 |
(8) Failure to cooperate in an investigation conducted by the | 1437 |
board, including failure to comply with a subpoena or order issued | 1438 |
by the board or failure to answer truthfully a question presented | 1439 |
by the board at a deposition or in written interrogatories, except | 1440 |
that failure to cooperate with an investigation shall not | 1441 |
constitute grounds for discipline under this section if the board | 1442 |
or a court of competent jurisdiction has issued an order that | 1443 |
either quashes a subpoena or permits the individual to withhold | 1444 |
the testimony or evidence in issue; | 1445 |
(9) Engaging in an ongoing professional relationship with a | 1446 |
person or entity that violates any provision of this chapter or | 1447 |
the rules adopted under it, unless the chiropractor makes a good | 1448 |
faith effort to have the person or entity comply with the | 1449 |
provisions; | 1450 |
(10) Retaliating against a chiropractor for the | 1451 |
chiropractor's reporting to the board or any other agency with | 1452 |
jurisdiction any violation of the law or for cooperating with the | 1453 |
board of another agency in the investigation of any violation of | 1454 |
the law; | 1455 |
(11) Aiding, abetting, assisting, counseling, or conspiring | 1456 |
with any person in that person's violation of any provision of | 1457 |
this chapter or the rules adopted under it, including the practice | 1458 |
of chiropractic without a license, the practice of acupuncture | 1459 |
without a certificate, or aiding, abetting, assisting, counseling, | 1460 |
or conspiring with any person in that person's unlicensed practice | 1461 |
of any other health care profession that has licensing | 1462 |
requirements; | 1463 |
(12) With respect to a report or record that is made, filed, | 1464 |
or signed in connection with the practice of chiropractic or | 1465 |
acupuncture, knowingly making or filing a report or record that is | 1466 |
false, intentionally or negligently failing to file a report or | 1467 |
record required by federal, state, or local law or willfully | 1468 |
impeding or obstructing the required filing, or inducing another | 1469 |
person to engage in any such acts; | 1470 |
(13) Making a false, fraudulent, or deceitful statement to | 1471 |
the board or any agent of the board during any investigation or | 1472 |
other official proceeding conducted by the board under this | 1473 |
chapter or in any filing that must be submitted to the board; | 1474 |
(14) Attempting to secure a license to practice chiropractic | 1475 |
or certificate to practice acupuncture or to corrupt the outcome | 1476 |
of an official board proceeding through bribery or any other | 1477 |
improper means; | 1478 |
(15) Willfully obstructing or hindering the board or any | 1479 |
agent of the board in the discharge of the board's duties; | 1480 |
(16) Habitually using drugs or intoxicants to the extent that | 1481 |
the person is rendered unfit for the practice of chiropractic or | 1482 |
acupuncture; | 1483 |
(17) Inability to practice chiropractic or acupuncture | 1484 |
according to acceptable and prevailing standards of care by reason | 1485 |
of chemical dependency, mental illness, or physical illness, | 1486 |
including conditions in which physical deterioration has adversely | 1487 |
affected the person's cognitive, motor, or perceptive skills and | 1488 |
conditions in which a chiropractor's continued practice may pose a | 1489 |
danger to the chiropractor or the public; | 1490 |
(18) Any act constituting gross immorality relative to the | 1491 |
person's practice of chiropractic or acupuncture, including acts | 1492 |
involving sexual abuse, sexual misconduct, or sexual exploitation; | 1493 |
(19) Exploiting a patient for personal or financial gain; | 1494 |
(20) Failing to maintain proper, accurate, and legible | 1495 |
records in the English language documenting each patient's care, | 1496 |
including, as appropriate, records of the following: dates of | 1497 |
treatment, services rendered, examinations, tests, x-ray reports, | 1498 |
referrals, and the diagnosis or clinical impression and clinical | 1499 |
treatment plan provided to the patient; | 1500 |
(21) Except as otherwise required by the board or by law, | 1501 |
disclosing patient information gained during the chiropractor's | 1502 |
professional relationship with a patient without obtaining the | 1503 |
patient's authorization for the disclosure; | 1504 |
(22) Commission of willful or gross malpractice, or willful | 1505 |
or gross neglect, in the practice of chiropractic or acupuncture; | 1506 |
(23) Failing to perform or negligently performing an act | 1507 |
recognized by the board as a general duty or the exercise of due | 1508 |
care in the practice of chiropractic or acupuncture, regardless of | 1509 |
whether injury results to a patient from the failure to perform or | 1510 |
negligent performance of the act; | 1511 |
(24) Engaging in any conduct or practice that impairs or may | 1512 |
impair the ability to practice chiropractic or acupuncture safely | 1513 |
and skillfully; | 1514 |
(25) Practicing, or claiming to be capable of practicing, | 1515 |
beyond the scope of the practice of chiropractic or acupuncture as | 1516 |
established under this chapter and the rules adopted under this | 1517 |
chapter; | 1518 |
(26) Accepting and performing professional responsibilities | 1519 |
as a chiropractor or chiropractor with a certificate to practice | 1520 |
acupuncture when not qualified to perform those responsibilities, | 1521 |
if the person knew or had reason to know that the person was not | 1522 |
qualified to perform them; | 1523 |
(27) Delegating any of the professional responsibilities of a | 1524 |
chiropractor or chiropractor with a certificate to practice | 1525 |
acupuncture to an employee or other individual when the delegating | 1526 |
chiropractor knows or had reason to know that the employee or | 1527 |
other individual is not qualified by training, experience, or | 1528 |
professional licensure to perform the responsibilities; | 1529 |
(28) Delegating any of the professional responsibilities of a | 1530 |
chiropractor or chiropractor with a certificate to practice | 1531 |
acupuncture to an employee or other individual in a negligent | 1532 |
manner or failing to provide proper supervision of the employee or | 1533 |
other individual to whom the responsibilities are delegated; | 1534 |
(29) Failing to refer a patient to another health care | 1535 |
practitioner for consultation or treatment when the chiropractor | 1536 |
knows or has reason to know that the referral is in the best | 1537 |
interest of the patient; | 1538 |
(30) Obtaining or attempting to obtain any fee or other | 1539 |
advantage by fraud or misrepresentation; | 1540 |
(31) Making misleading, deceptive, false, or fraudulent | 1541 |
representations in the practice of chiropractic or acupuncture; | 1542 |
(32) Being guilty of false, fraudulent, deceptive, or | 1543 |
misleading advertising or other solicitations for patients or | 1544 |
knowingly having professional connection with any person that | 1545 |
advertises or solicits for patients in such a manner; | 1546 |
(33) Violation of a provision of any code of ethics | 1547 |
established or adopted by the board under section 4734.16 of the | 1548 |
Revised Code; | 1549 |
(34) Failing to meet the examination requirements for receipt | 1550 |
of a license specified under section 4734.20 of the Revised Code; | 1551 |
(35) Actions taken for any reason, other than nonpayment of | 1552 |
fees, by the chiropractic or acupuncture licensing authority of | 1553 |
another state or country; | 1554 |
(36) Failing to maintain clean and sanitary conditions at the | 1555 |
clinic, office, or other place in which chiropractic services or | 1556 |
acupuncture services are provided; | 1557 |
(37) Except as provided in division (G) of this section: | 1558 |
(a) Waiving the payment of all or any part of a deductible or | 1559 |
copayment that a patient, pursuant to a health insurance or health | 1560 |
care policy, contract, or plan that covers the chiropractor's | 1561 |
services, otherwise would be required to pay if the waiver is used | 1562 |
as an enticement to a patient or group of patients to receive | 1563 |
health care services from that chiropractor; | 1564 |
(b) Advertising that the chiropractor will waive the payment | 1565 |
of all or any part of a deductible or copayment that a patient, | 1566 |
pursuant to a health insurance or health care policy, contract, or | 1567 |
plan that covers the chiropractor's services, otherwise would be | 1568 |
required to pay. | 1569 |
(38) Failure to supervise an acupuncturist in accordance with | 1570 |
the provisions of section 4762.11 of the Revised Code that are | 1571 |
applicable to the supervising chiropractor of an acupuncturist. | 1572 |
(D) The adjudication requirements of Chapter 119. of the | 1573 |
Revised Code apply to the board when taking actions against an | 1574 |
individual under this section, except as follows: | 1575 |
(1) An applicant is not entitled to an adjudication for | 1576 |
failing to meet the conditions specified under section 4734.20 of | 1577 |
the Revised Code for receipt of a license that involve the board's | 1578 |
examination on jurisprudence or the examinations of the national | 1579 |
board of chiropractic examiners. | 1580 |
(2) A person is not entitled to an adjudication if the person | 1581 |
fails to make a timely request for a hearing, in accordance with | 1582 |
Chapter 119. of the Revised Code. | 1583 |
(3) In lieu of an adjudication, the board may accept the | 1584 |
surrender of a license to practice chiropractic or certificate to | 1585 |
practice acupuncture from a chiropractor. | 1586 |
(4) In lieu of an adjudication, the board may enter into a | 1587 |
consent agreement with an individual to resolve an allegation of a | 1588 |
violation of this chapter or any rule adopted under it. A consent | 1589 |
agreement, when ratified by the board, shall constitute the | 1590 |
findings and order of the board with respect to the matter | 1591 |
addressed in the agreement. If the board refuses to ratify a | 1592 |
consent agreement, the admissions and findings contained in the | 1593 |
consent agreement shall be of no force or effect. | 1594 |
(E) This section does not require the board to hire, | 1595 |
contract with, or retain the services of an expert witness when | 1596 |
the board takes action against a chiropractor concerning | 1597 |
compliance with acceptable and prevailing standards of care in the | 1598 |
practice of chiropractic or acupuncture. As part of an action | 1599 |
taken concerning compliance with acceptable and prevailing | 1600 |
standards of care, the board may rely on the knowledge of its | 1601 |
members for purposes of making a determination of compliance, | 1602 |
notwithstanding any expert testimony presented by the chiropractor | 1603 |
that contradicts the knowledge and opinions of the members of the | 1604 |
board. | 1605 |
(F) The sealing of conviction records by a court shall have | 1606 |
no effect on a prior board order entered under this section or on | 1607 |
the board's jurisdiction to take action under this section if, | 1608 |
based on a plea of guilty, a judicial finding of guilt, or a | 1609 |
judicial finding of eligibility for intervention in lieu of | 1610 |
conviction, the board issued a notice of opportunity for a hearing | 1611 |
prior to the court's order to seal the records. The board shall | 1612 |
not be required to seal, destroy, redact, or otherwise modify its | 1613 |
records to reflect the court's sealing of conviction records. | 1614 |
(G) Actions shall not be taken pursuant to division (C)(37) | 1615 |
of this section against any chiropractor who waives deductibles | 1616 |
and copayments as follows: | 1617 |
(1) In compliance with the health benefit plan that expressly | 1618 |
allows a practice of that nature. Waiver of the deductibles or | 1619 |
copayments shall be made only with the full knowledge and consent | 1620 |
of the plan purchaser, payer, and third-party administrator. | 1621 |
Documentation of the consent shall be made available to the board | 1622 |
upon request. | 1623 |
(2) For professional services rendered to any other person | 1624 |
licensed pursuant to this chapter, to the extent allowed by this | 1625 |
chapter and the rules of the board. | 1626 |
Sec. 4734.311. On receipt of a notice pursuant to section | 1627 |
3123.43 of the Revised Code, the state chiropractic board shall | 1628 |
comply with sections 3123.41 to 3123.50 of the Revised Code and | 1629 |
any applicable rules adopted under section 3123.63 of the Revised | 1630 |
Code with respect to a license to practice chiropractic or | 1631 |
certificate to practice acupuncture issued pursuant to this | 1632 |
chapter. | 1633 |
Sec. 4734.34. An individual subject to an action taken | 1634 |
under section 4734.31 of the Revised Code, other than permanent | 1635 |
revocation of a license to practice chiropractic or certificate to | 1636 |
practice acupuncture, may apply to the state chiropractic board to | 1637 |
have the individual's license or certificate restored to good | 1638 |
standing. The board shall consider the moral character and the | 1639 |
activities of the applicant since the board's action was taken, in | 1640 |
accordance with the standards for issuance of a license, as | 1641 |
established under section 4734.20 of the Revised Code, or the | 1642 |
standards for issuance of a certificate to practice acupuncture, | 1643 |
as established under section 4734.282 of the Revised Code. The | 1644 |
board may impose terms and conditions on restoration of the | 1645 |
license or certificate by doing any of the following: | 1646 |
(A) Requiring the applicant to obtain training, which may | 1647 |
include requiring the applicant to pass an examination upon | 1648 |
completion of the training; | 1649 |
(B) Requiring the applicant to pass an oral or written | 1650 |
examination, or both, to determine fitness to resume practice; | 1651 |
(C) Restricting or limiting the extent, scope, or type of | 1652 |
practice of the applicant. | 1653 |
Sec. 4734.36. A chiropractor who in this state pleads guilty | 1654 |
to or is convicted of aggravated murder, murder, voluntary | 1655 |
manslaughter, felonious assault, kidnapping, rape, sexual battery, | 1656 |
gross sexual imposition, aggravated arson, aggravated robbery, or | 1657 |
aggravated burglary, or who in another jurisdiction pleads guilty | 1658 |
to or is convicted of any substantially equivalent criminal | 1659 |
offense, is automatically suspended from practice in this state | 1660 |
and the license issued under this chapter to practice chiropractic | 1661 |
is automatically suspended as of the date of the guilty plea or | 1662 |
conviction. If applicable, the chiropractor's certificate issued | 1663 |
under this chapter to practice acupuncture is automatically | 1664 |
suspended at the same time. Continued practice after suspension | 1665 |
under this section shall be considered practicing chiropractic | 1666 |
without a license and, if applicable, acupuncture without a | 1667 |
certificate. On receiving notice or otherwise becoming aware of | 1668 |
the conviction, the state chiropractic board shall notify the | 1669 |
individual of the suspension under this section by certified mail | 1670 |
or in person in accordance with section 119.07 of the Revised | 1671 |
Code. If an individual whose license and, if applicable, | 1672 |
certificate to practice acupuncture is suspended under this | 1673 |
section fails to make a timely request for an adjudication, the | 1674 |
board shall enter a final order revoking the individual's license | 1675 |
and, if applicable, certificate to practice acupuncture. | 1676 |
Sec. 4734.37. If the state chiropractic board determines | 1677 |
that there is clear and convincing evidence that a person who has | 1678 |
been granted a license to practice chiropractic and, if | 1679 |
applicable, certificate to practice acupuncture under this chapter | 1680 |
has committed an act that subjects the person's license and, if | 1681 |
applicable, certificate to board action under section 4734.31 of | 1682 |
the Revised Code and that the person's continued practice presents | 1683 |
a danger of immediate and serious harm to the public, the board | 1684 |
may suspend the license and, if applicable, certificate without a | 1685 |
prior hearing. A telephone conference call may be utilized for | 1686 |
reviewing the matter and taking the vote. | 1687 |
The board shall issue a written order of suspension by | 1688 |
certified mail or in person in accordance with section 119.07 of | 1689 |
the Revised Code. The order is not subject to suspension by the | 1690 |
court during pendency of any appeal filed under section 119.12 of | 1691 |
the Revised Code. If the person subject to the suspension requests | 1692 |
an adjudication by the board, the date set for the adjudication | 1693 |
shall be within twenty days, but not earlier than seven days, | 1694 |
after the request, unless otherwise agreed to by both the board | 1695 |
and the person subject to the suspension. | 1696 |
Any summary suspension imposed under this section shall | 1697 |
remain in effect, unless reversed on appeal, until a final | 1698 |
adjudicative order issued by the board pursuant to section 4734.31 | 1699 |
and Chapter 119. of the Revised Code becomes effective. The board | 1700 |
shall issue its final adjudicative order within sixty days after | 1701 |
completion of its adjudication. A failure to issue the order | 1702 |
within sixty days shall result in dissolution of the summary | 1703 |
suspension order but shall not invalidate any subsequent, final | 1704 |
adjudicative order. | 1705 |
Sec. 4734.38. If any person who has been granted a license | 1706 |
to practice chiropractic and, if applicable, certificate to | 1707 |
practice acupuncture under this chapter is adjudged by a probate | 1708 |
court to be mentally ill or mentally incompetent, the person's | 1709 |
license and, if applicable, certificate shall be automatically | 1710 |
suspended until the person has filed with the state chiropractic | 1711 |
board a certified copy of an adjudication by a probate court of | 1712 |
being restored to competency or has submitted to the board proof, | 1713 |
satisfactory to the board, of having been discharged as being | 1714 |
restored to competency in the manner and form provided in section | 1715 |
5122.38 of the Revised Code. The judge of the court shall | 1716 |
forthwith notify the board of an adjudication of mental illness or | 1717 |
mental incompetence. | 1718 |
Sec. 4734.39. (A) For purposes of the state chiropractic | 1719 |
board's enforcement of division (C)(16) or (17) of section 4734.31 | 1720 |
of the Revised Code, an individual who applies for or receives a | 1721 |
license to practice chiropractic or certificate to practice | 1722 |
acupuncture under this chapter accepts the privilege of practicing | 1723 |
chiropractic and, if applicable, acupuncture in this state and, by | 1724 |
so doing, shall be deemed to have given consent to submit to a | 1725 |
mental or physical examination when directed to do so in writing | 1726 |
by the board in its enforcement of those divisions, and to have | 1727 |
waived all objections to the admissibility of testimony or | 1728 |
examination reports that constitute a privileged communication. | 1729 |
(B) If the board has reason to believe that a chiropractor or | 1730 |
applicant suffers an impairment described in division (C)(16) or | 1731 |
(17) of section 4734.31 of the Revised Code, the board may compel | 1732 |
the individual to submit to a mental or physical examination, or | 1733 |
both. The expense of the examination is the responsibility of the | 1734 |
individual compelled to be examined. Any mental or physical | 1735 |
examination required under this section shall be undertaken by a | 1736 |
provider who is qualified to conduct the examination and who is | 1737 |
chosen by the board. | 1738 |
Failure to submit to a mental or physical examination ordered | 1739 |
by the board constitutes an admission of the allegations against | 1740 |
the individual unless the failure is due to circumstances beyond | 1741 |
the individual's control. A default and final order may be entered | 1742 |
without the taking of testimony or presentation of evidence. | 1743 |
If the board determines that an individual's ability to | 1744 |
practice is impaired, the board shall suspend the individual's | 1745 |
license to practice chiropractic and, if applicable, certificate | 1746 |
to practice acupuncture or deny the individual's application and | 1747 |
shall require the individual, as a condition for initial, | 1748 |
continued, reinstated, restored, or renewed certification to | 1749 |
practice, to submit to care, counseling, or treatment. | 1750 |
(C) Before being eligible to apply for reinstatement of a | 1751 |
license or certificate suspended under division (C)(16) of section | 1752 |
4734.31 of the Revised Code or the chemical dependency provisions | 1753 |
of division (C)(17) of section 4731.34 of the Revised Code, the | 1754 |
impaired individual shall demonstrate to the board the ability to | 1755 |
resume practice in compliance with acceptable and prevailing | 1756 |
standards of care in the practice of chiropractic and, if | 1757 |
applicable, acupuncture under this chapter. If rules have been | 1758 |
adopted under section 4734.40 of the Revised Code, the | 1759 |
demonstration shall include, but shall not be limited to, the | 1760 |
following: | 1761 |
(1) Certification from a treatment provider approved under | 1762 |
section 4734.40 of the Revised Code that the individual has | 1763 |
successfully completed any required inpatient treatment; | 1764 |
(2) Evidence of continuing full compliance with an aftercare | 1765 |
contract or consent agreement; | 1766 |
(3) Two written reports indicating that the individual's | 1767 |
ability to practice has been assessed and that the individual has | 1768 |
been found capable of practicing according to acceptable and | 1769 |
prevailing standards of care. The reports shall be made by | 1770 |
individuals or providers approved by the board for making the | 1771 |
assessments and shall describe the basis for their determination. | 1772 |
The board may reinstate a license and, if applicable, | 1773 |
certificate suspended under this division after that demonstration | 1774 |
and after the individual has entered into a written consent | 1775 |
agreement. | 1776 |
When the impaired individual resumes practice, the board | 1777 |
shall require continued monitoring of the individual. The | 1778 |
monitoring shall include, but not be limited to, compliance with | 1779 |
the written consent agreement entered into before reinstatement or | 1780 |
with conditions imposed by board order after a hearing, and, upon | 1781 |
termination of the consent agreement, submission to the board for | 1782 |
at least two years of annual written progress reports made under | 1783 |
penalty of perjury stating whether the individual has maintained | 1784 |
sobriety. | 1785 |
Sec. 4734.47. (A) The executive director of the state | 1786 |
chiropractic board shall function as the chief enforcement officer | 1787 |
of the board and shall enforce the laws relating to the practice | 1788 |
of chiropractic and acupuncture under this chapter. If the | 1789 |
executive director has knowledge or notice of a violation of those | 1790 |
laws, the executive director shall investigate the matter or cause | 1791 |
the matter to be investigated. On probable cause appearing, the | 1792 |
executive director shall prosecute the offender or cause the | 1793 |
offender to be prosecuted. If the matter involves a violation by | 1794 |
an individual licensed under this chapter, the executive director | 1795 |
shall bring the matter before the board. If the matter involves a | 1796 |
violation for which a penalty may be imposed under section 4734.99 | 1797 |
of the Revised Code, the executive director or a person authorized | 1798 |
by the board to represent the executive director may file a | 1799 |
complaint with the prosecuting attorney of the proper county. | 1800 |
Except as provided in division (B) of this section, the | 1801 |
prosecuting attorney shall take charge of and conduct the | 1802 |
prosecution. | 1803 |
(B) For purposes of enforcing this chapter, the board may | 1804 |
petition a court of record to appoint an attorney to assist the | 1805 |
prosecuting attorney in the prosecution of offenders or to take | 1806 |
charge of and conduct the prosecutions as a special prosecutor. | 1807 |
The court shall grant the petition if it is in the public | 1808 |
interest. A special prosecutor appointed by the court shall be | 1809 |
compensated by the board in an amount approved by the board. | 1810 |
If the court believes that public knowledge of the | 1811 |
appointment of a special prosecutor could allow one or more | 1812 |
persons to interfere with the prosecution or any investigation | 1813 |
related to the prosecution, the court may seal all documents | 1814 |
pertaining to the appointment. Sealed documents shall remain | 1815 |
sealed until there is court action on the prosecution or until the | 1816 |
court orders the documents to be opened. | 1817 |
Sec. 4734.49. (A) The attorney general, the prosecuting | 1818 |
attorney of the county in which a violation of this chapter is | 1819 |
committed or is threatened to be committed or in which the | 1820 |
offender resides, the state chiropractic board, or any other | 1821 |
person having knowledge of a person committing or threatening to | 1822 |
commit a violation of this chapter may, in accordance with the | 1823 |
provisions of the Revised Code governing injunctions, maintain an | 1824 |
action in the name of this state to enjoin the person from | 1825 |
committing the violation by applying for an injunction in any | 1826 |
court of competent jurisdiction. Upon the filing of a verified | 1827 |
petition in court, the court shall conduct a hearing on the | 1828 |
petition and shall give the same preference to this proceeding as | 1829 |
is given all proceedings under Chapter 119. of the Revised Code, | 1830 |
irrespective of the position of the proceeding on the calendar of | 1831 |
the court. If the court grants a final or permanent injunction | 1832 |
that is a final appealable order, the court may award to the | 1833 |
person or entity that maintained the action an amount not | 1834 |
exceeding five thousand dollars to cover reasonable attorney's | 1835 |
fees, investigative costs, and other costs related to the | 1836 |
investigation or prosecution of the case. Injunction proceedings | 1837 |
brought under this section shall be in addition to, and not in | 1838 |
lieu of, all penalties and other remedies provided in this | 1839 |
chapter. | 1840 |
(B)(1) The practice of chiropractic by any person not at that | 1841 |
time holding a valid and current license issued under this chapter | 1842 |
is hereby declared to be inimical to the public welfare and to | 1843 |
constitute a public nuisance. | 1844 |
(2) Except for the practice of acupuncture by persons | 1845 |
described in section 4762.02 of the Revised Code and persons who | 1846 |
hold certificates issued under section 4762.04 of the Revised | 1847 |
Code, the practice of acupuncture by any person not at that time | 1848 |
holding a valid and current certificate to practice acupuncture | 1849 |
issued under this chapter is hereby declared to be inimical to the | 1850 |
public welfare and to constitute a public nuisance. | 1851 |
Sec. 4734.50. This chapter does not require the state | 1852 |
chiropractic board to act on minor violations of this chapter or | 1853 |
the rules adopted under it, if the violations are committed by | 1854 |
individuals licensed to practice chiropractic or certified to | 1855 |
practice acupuncture under this chapter and the board determines | 1856 |
that the public interest is adequately served by issuing a notice | 1857 |
or warning to the alleged offender. | 1858 |
Sec. 4734.55. The state chiropractic board shall provide a | 1859 |
duplicate license to practice chiropractic or certificate to | 1860 |
practice acupuncture to a license or certificate holder on payment | 1861 |
of a fee of forty-five dollars. | 1862 |
Upon written request and the payment of a fee of ninety-five | 1863 |
dollars, the board shall provide to any person a list of persons | 1864 |
holding licenses to practice chiropractic or certificates to | 1865 |
practice acupuncture, as indicated in its register maintained | 1866 |
pursuant to section 4734.04 of the Revised Code. | 1867 |
Upon written request from the | 1868 |
certificate issued under this chapter for the board's | 1869 |
certification of information pertaining to the license or | 1870 |
certificate, and the payment of a fee of twenty dollars, the board | 1871 |
shall issue its certification of
| 1872 |
person identified by the licensee or certificate holder in the | 1873 |
request. | 1874 |
Sec. 4734.99. (A) Whoever violates section 4734.14 or | 1875 |
4734.141 of the Revised Code is guilty of a felony of the fifth | 1876 |
degree on a first offense, unless the offender previously has been | 1877 |
convicted of or has pleaded guilty to a violation of section | 1878 |
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.40, | 1879 |
2913.47, 2913.48, 2913.51, 2921.13, 4715.09, 4723.03, 4725.02, | 1880 |
4725.41, 4729.27, 4729.28, 4729.36, 4729.51, 4729.61, 4730.02, | 1881 |
4731.41, 4731.43, 4731.46, 4731.47, 4731.60, 4732.21, 4741.18, | 1882 |
4741.19, 4755.48, 4757.02, 4759.02, 4761.10, or 4773.02 of the | 1883 |
Revised Code or an offense under an existing or former law of this | 1884 |
state, another state, or the United States that is or was | 1885 |
substantially equivalent to a violation of any of those sections, | 1886 |
in which case the offender is guilty of a felony of the fourth | 1887 |
degree. For each subsequent offense, the offender is guilty of a | 1888 |
felony of the fourth degree. | 1889 |
(B) Whoever violates section 4734.161 of the Revised Code is | 1890 |
guilty of a misdemeanor of the first degree. | 1891 |
(C) Whoever violates division (A), (B), (C), or (D) of | 1892 |
section 4734.32 of the Revised Code is guilty of a minor | 1893 |
misdemeanor on a first offense; on each subsequent offense, the | 1894 |
person is guilty of a misdemeanor of the fourth degree, except | 1895 |
that an individual guilty of a subsequent offense shall not be | 1896 |
subject to imprisonment, but to a fine alone of up to one thousand | 1897 |
dollars for each offense. | 1898 |
Sec. 4755.471. (A) An individual whom the physical therapy | 1899 |
section of the Ohio occupational therapy, physical therapy, and | 1900 |
athletic trainers board licenses, certificates, or otherwise | 1901 |
legally authorizes to engage in the practice of physical therapy | 1902 |
may render the professional services of a physical therapist | 1903 |
within this state through a corporation formed under division (B) | 1904 |
of section 1701.03 of the Revised Code, a limited liability | 1905 |
company formed under Chapter 1705. of the Revised Code, a | 1906 |
partnership, or a professional association formed under Chapter | 1907 |
1785. of the Revised Code. This division does not preclude an | 1908 |
individual of that nature from rendering professional services as | 1909 |
a physical therapist through another form of business entity, | 1910 |
including, but not limited to, a nonprofit corporation or | 1911 |
foundation, or in another manner that is authorized by or in | 1912 |
accordance with sections 4755.40 to 4755.53 of the Revised Code, | 1913 |
another chapter of the Revised Code, or rules of the Ohio | 1914 |
occupational therapy, physical therapy, and athletic trainers | 1915 |
board adopted pursuant to sections 4755.40 to 4755.53 of the | 1916 |
Revised Code. | 1917 |
(B) A corporation, limited liability company, partnership, or | 1918 |
professional association described in division (A) of this section | 1919 |
may be formed for the purpose of providing a combination of the | 1920 |
professional services of the following individuals who are | 1921 |
licensed, certificated, or otherwise legally authorized to | 1922 |
practice their respective professions: | 1923 |
(1) Optometrists who are authorized to practice optometry | 1924 |
under Chapter 4725. of the Revised Code; | 1925 |
(2) Chiropractors who are authorized to practice chiropractic | 1926 |
or acupuncture under Chapter 4734. of the Revised Code; | 1927 |
(3) Psychologists who are authorized to practice psychology | 1928 |
under Chapter 4732. of the Revised Code; | 1929 |
(4) Registered or licensed practical nurses who are | 1930 |
authorized to practice nursing as registered nurses or as licensed | 1931 |
practical nurses under Chapter 4723. of the Revised Code; | 1932 |
(5) Pharmacists who are authorized to practice pharmacy under | 1933 |
Chapter 4729. of the Revised Code; | 1934 |
(6) Physical therapists who are authorized to practice | 1935 |
physical therapy
under sections 4755.40 to | 1936 |
Revised Code; | 1937 |
(7) Mechanotherapists who are authorized to practice | 1938 |
mechanotherapy under section 4731.151 of the Revised Code; | 1939 |
(8) Doctors of medicine and surgery, osteopathic medicine and | 1940 |
surgery, or podiatric medicine and surgery who are authorized for | 1941 |
their respective practices under Chapter 4731. of the Revised | 1942 |
Code. | 1943 |
This division shall apply notwithstanding a provision of a | 1944 |
code of ethics applicable to a physical therapist that prohibits a | 1945 |
physical therapist from engaging in the practice of physical | 1946 |
therapy in combination with a person who is licensed, | 1947 |
certificated, or otherwise legally authorized to practice | 1948 |
optometry, chiropractic, acupuncture through the state | 1949 |
chiropractic board, psychology, nursing, pharmacy, mechanotherapy, | 1950 |
medicine and surgery, osteopathic medicine and surgery, or | 1951 |
podiatric medicine and surgery, but who is not also licensed, | 1952 |
certificated, or otherwise legally authorized to engage in the | 1953 |
practice of physical therapy. | 1954 |
Sec. 4762.01. As used in this chapter: | 1955 |
(A) "Acupuncture" means a form of health care performed by | 1956 |
the insertion and removal of specialized needles, with or without | 1957 |
the application of moxibustion or electrical stimulation, to | 1958 |
specific areas of the human body. | 1959 |
(B) "Chiropractor" means an individual licensed under Chapter | 1960 |
4734. of the Revised Code to engage in the practice of | 1961 |
chiropractic. | 1962 |
(C) "Moxibustion" means the use of an herbal heat source on | 1963 |
one or more acupuncture points. | 1964 |
| 1965 |
Chapter 4731. of the Revised Code to practice medicine and | 1966 |
surgery, osteopathic medicine and surgery, or podiatry. | 1967 |
Sec. 4762.02. (A) Except as provided in division (B) of this | 1968 |
section, no person shall engage in the practice of acupuncture | 1969 |
unless the person holds a valid certificate of registration as an | 1970 |
acupuncturist issued by the state medical board under this | 1971 |
chapter. | 1972 |
(B) Division (A) of this
section does
not apply to | 1973 |
following: | 1974 |
(1) A
physician | 1975 |
(2) A person who performs acupuncture as part of a training | 1976 |
program in acupuncture operated by an educational institution that | 1977 |
holds an effective certificate of authorization issued by the Ohio | 1978 |
board of regents under section 1713.02 of the Revised Code or a | 1979 |
school that holds an effective certificate of registration issued | 1980 |
by the state board of career colleges and schools under section | 1981 |
3332.05 of the Revised Code; | 1982 |
(3) A chiropractor who holds a certificate to practice | 1983 |
acupuncture issued by the state chiropractic board under section | 1984 |
4734.283 of the Revised Code. | 1985 |
Sec. 4762.09. An acupuncturist who holds a certificate of | 1986 |
registration issued under this chapter shall conspicuously display | 1987 |
at the acupuncturist's primary place of business both of the | 1988 |
following: | 1989 |
(A) | 1990 |
1991 | |
the acupuncturist is authorized to practice acupuncture in this | 1992 |
state; | 1993 |
(B) A notice specifying that the practice of acupuncture | 1994 |
under the certificate of registration is regulated by the state | 1995 |
medical board and the address and telephone number of the board's | 1996 |
office. | 1997 |
Sec. 4762.10. All of the following apply to the practice of | 1998 |
a person who holds a certificate of registration as an | 1999 |
acupuncturist issued under this chapter: | 2000 |
(A) The acupuncturist shall perform acupuncture for a patient | 2001 |
only if the patient has received a | 2002 |
prescription for acupuncture from a physician or chiropractor. As | 2003 |
specified in the referral or prescription, the acupuncturist shall | 2004 |
provide reports to the physician or chiropractor on the patient's | 2005 |
condition or progress in treatment and comply with the conditions | 2006 |
or restrictions on the acupuncturist's course of treatment. | 2007 |
(B) The acupuncturist shall perform acupuncture under the | 2008 |
general supervision of the patient's referring or prescribing | 2009 |
physician or chiropractor. General supervision does not require | 2010 |
that the acupuncturist and physician or chiropractor practice in | 2011 |
the same office. | 2012 |
(C) Prior to treating a patient, the acupuncturist shall | 2013 |
advise the patient that acupuncture is not a substitute for | 2014 |
conventional medical diagnosis and treatment. | 2015 |
(D) On initially meeting a patient in person, the | 2016 |
acupuncturist shall provide in writing the acupuncturist's name, | 2017 |
business address, and business telephone number, and information | 2018 |
on acupuncture, including the techniques that are used. | 2019 |
(E) While treating a patient, the acupuncturist shall not | 2020 |
make a diagnosis. If a patient's condition is not improving or a | 2021 |
patient requires emergency medical treatment, the acupuncturist | 2022 |
shall consult promptly with | 2023 |
(F) An acupuncturist shall maintain records for each patient | 2024 |
treated. In each patient's records, the acupuncturist shall | 2025 |
include the written referral or prescription pursuant to which the | 2026 |
acupuncturist is treating the patient. The records shall be | 2027 |
confidential and shall be retained for not less than three years | 2028 |
following termination of treatment. | 2029 |
Sec. 4762.11. All of the following apply to an | 2030 |
acupuncturist's supervising physician or chiropractor for a | 2031 |
patient: | 2032 |
(A) Before making the referral or prescription for | 2033 |
acupuncture, the physician shall perform a medical diagnostic | 2034 |
examination of the patient or review the results of a medical | 2035 |
diagnostic examination recently performed by another physician, | 2036 |
or, in the case of a chiropractor, the chiropractor shall perform | 2037 |
a chiropractic diagnostic examination of the patient or review the | 2038 |
results of a chiropractic diagnostic examination recently | 2039 |
performed by another chiropractor. | 2040 |
(B) The physician or chiropractor shall make the referral or | 2041 |
prescription in writing and specify in the referral or | 2042 |
prescription all of the following: | 2043 |
(1) The physician's or chiropractor's diagnosis of the | 2044 |
ailment or condition that is to be treated by acupuncture; | 2045 |
(2) A time by which or the intervals at which the | 2046 |
acupuncturist must provide reports to the physician or | 2047 |
chiropractor regarding the patient's condition or progress in | 2048 |
treatment; | 2049 |
(3) The conditions or restrictions placed in accordance with | 2050 |
division (C) of this section on the acupuncturist's course of | 2051 |
treatment. | 2052 |
(C) The physician shall place conditions or restrictions on | 2053 |
the acupuncturist's course of treatment in compliance with | 2054 |
accepted or prevailing standards of medical care, or, in the case | 2055 |
of a chiropractor, the chiropractor shall place conditions or | 2056 |
restrictions on the acupuncturist's course of treatment in | 2057 |
compliance with accepted or prevailing standards of chiropractic | 2058 |
care. | 2059 |
(D) The physician or chiropractor shall be personally | 2060 |
available for consultation with the acupuncturist. If the | 2061 |
physician or chiropractor is not on the premises at which | 2062 |
acupuncture is performed, the physician or chiropractor shall be | 2063 |
readily available to the acupuncturist through some means of | 2064 |
telecommunication and be in a location that under normal | 2065 |
circumstances is not more than sixty minutes travel time away from | 2066 |
the location where the acupuncturist is practicing. | 2067 |
Sec. 4762.12. In the case of a patient with a claim under | 2068 |
Chapter 4121. or 4123. of the Revised Code, an acupuncturist's | 2069 |
supervising physician or chiropractor is eligible to be reimbursed | 2070 |
for referring the patient to an acupuncturist or prescribing | 2071 |
acupuncture for the patient only if the physician or chiropractor | 2072 |
has attained knowledge in the treatment of patients with | 2073 |
acupuncture, demonstrated by successful completion of a course of | 2074 |
study in acupuncture administered by a college of medicine, | 2075 |
osteopathic medicine, | 2076 |
acceptable to the bureau of workers' compensation or administered | 2077 |
by another entity acceptable to the bureau. | 2078 |
Sec. 4762.18. | 2079 |
section, the attorney general, the prosecuting attorney of any | 2080 |
county in which the offense was committed or the offender resides, | 2081 |
the state medical board, or any other person having knowledge of a | 2082 |
person engaged either directly or by complicity in the practice of | 2083 |
acupuncture without having first obtained a certificate of | 2084 |
registration to do so pursuant to this chapter, may, in accord | 2085 |
with provisions of the Revised Code governing injunctions, | 2086 |
maintain an action in the name of the state to enjoin any person | 2087 |
from engaging either directly or by complicity in the unlawful | 2088 |
practice of acupuncture by applying for an injunction in any court | 2089 |
of competent jurisdiction. | 2090 |
(B) Prior to application for an injunction under division (A) | 2091 |
of this section, the secretary of the state medical board shall | 2092 |
notify the person allegedly engaged either directly or by | 2093 |
complicity in the unlawful practice of acupuncture by registered | 2094 |
mail that the secretary has received information indicating that | 2095 |
this person is so engaged. The person shall answer the secretary | 2096 |
within thirty days showing that the person is either properly | 2097 |
licensed for the stated activity or that the person is not in | 2098 |
violation of this chapter. If the answer is not forthcoming within | 2099 |
thirty days after notice by the secretary, the secretary shall | 2100 |
request that the attorney general, the prosecuting attorney of the | 2101 |
county in which the offense was committed or the offender resides, | 2102 |
or the state medical board proceed as authorized in this section. | 2103 |
(C) Upon the filing of a verified petition in court, the | 2104 |
court shall conduct a hearing on the petition and shall give the | 2105 |
same preference to this proceeding as is given all proceedings | 2106 |
under Chapter 119. of the Revised Code, irrespective of the | 2107 |
position of the proceeding on the calendar of the court. | 2108 |
(D) Injunction proceedings as authorized by this section | 2109 |
shall be in addition to, and not in lieu of, all penalties and | 2110 |
other remedies provided in this chapter. | 2111 |
(E) An injunction proceeding permitted by division (A) of | 2112 |
this section may not be maintained against a person described in | 2113 |
division (B) of section 4762.02 of the Revised Code or a | 2114 |
chiropractor who holds a valid certificate to practice acupuncture | 2115 |
issued under section 4734.283 of the Revised Code. | 2116 |
Section 2. That existing sections 1701.03, 1705.03, 1705.04, | 2117 |
1705.53, 1785.01, 1785.02, 1785.03, 1785.08, 3715.87, 3715.871, | 2118 |
3715.872, 3715.873, 4723.16, 4725.33, 4729.161, 4731.226, 4731.23, | 2119 |
4731.65, 4732.28, 4734.10, 4734.15, 4734.16, 4734.17, 4734.19, | 2120 |
4734.31, 4734.311, 4734.34, 4734.36, 4734.37, 4734.38, 4734.39, | 2121 |
4734.47, 4734.49, 4734.50, 4734.55, 4734.99, 4755.471, 4762.01, | 2122 |
4762.02, 4762.09, 4762.10, 4762.11, 4762.12, and 4762.18 of the | 2123 |
Revised Code are hereby repealed. | 2124 |
Section 3. Section 4725.33 of the Revised Code is presented | 2125 |
in this act as a composite of the section as amended by both Am. | 2126 |
Sub. H.B. 553 and Sub. H.B. 698 of the 122nd General Assembly. | 2127 |
Section 4734.311 of the Revised Code is presented in this act as a | 2128 |
composite of the section as amended by both Sub. H.B. 506 and Am. | 2129 |
Sub. S.B. 180 of the 123rd General Assembly. The General Assembly, | 2130 |
applying the principle stated in division (B) of section 1.52 of | 2131 |
the Revised Code that amendments are to be harmonized if | 2132 |
reasonably capable of simultaneous operation, finds that the | 2133 |
composites are the resulting version of the sections in effect | 2134 |
prior to the effective date of the sections as presented in this | 2135 |
act. | 2136 |