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To amend section 4759.02 and to enact sections | 1 |
4783.01 to 4783.05 of the Revised Code regarding | 2 |
the provision of complementary or alternative | 3 |
health services. | 4 |
Section 1. That section 4759.02 be amended and sections | 5 |
4783.01, 4783.02, 4783.03, 4783.04, and 4783.05 of the Revised | 6 |
Code be enacted to read as follows: | 7 |
Sec. 4759.02. (A) Except as otherwise provided in this | 8 |
section or in section 4759.10 of the Revised Code, no person shall | 9 |
practice, offer to practice, or hold | 10 |
forth to practice dietetics unless | 11 |
under section 4759.06 of the Revised Code. | 12 |
(B) Except for a licensed dietitian holding an inactive | 13 |
license who does not practice or offer to practice dietetics, or a | 14 |
person licensed under section 4759.06 of the Revised Code, or as | 15 |
otherwise provided in this section or in section 4759.10 of the | 16 |
Revised Code | 17 |
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(C) Notwithstanding division (B) of this section, a person | 25 |
who is a dietitian registered by the commission on dietetic | 26 |
registration and who does not violate division (A) of this section | 27 |
may use the designation "registered dietitian" and the | 28 |
abbreviation "R.D." | 29 |
(D) Division (A) of this section does not apply to: | 30 |
(1) A student enrolled in an academic program that is in | 31 |
compliance with division (A)(5) of section 4759.06 of the Revised | 32 |
Code who is engaging in the practice of dietetics under the | 33 |
supervision of a dietitian licensed under section 4759.06 of the | 34 |
Revised Code or a dietitian registered by the commission on | 35 |
dietetic registration, as part of the academic program; | 36 |
(2) A person participating in the pre-professional experience | 37 |
required by division (A)(6) of section 4759.06 of the Revised | 38 |
Code; | 39 |
(3) A person holding a limited permit under division (F) of | 40 |
section 4759.06 of the Revised Code. | 41 |
(E) Divisions (A) and (B) of this section do not apply to a | 42 |
person who performs no more than fifteen days of dietetic practice | 43 |
in the state and who meets at least one of the following | 44 |
requirements: | 45 |
(1) The Ohio board of dietetics determines that | 46 |
is licensed in another state with licensure requirements | 47 |
equivalent to or more stringent than those set forth in this | 48 |
chapter; | 49 |
(2) | 50 |
on dietetic registration and resides in another state that either | 51 |
has no dietitian licensure requirements or has licensure | 52 |
requirements less stringent than those set forth in this chapter. | 53 |
Sec. 4783.01. As used in this chapter: | 54 |
(A) "Bodywork" means any of the following: | 55 |
(1) The practice of manually massaging only the hands, feet, | 56 |
or ears; | 57 |
(2) Reflexology; | 58 |
(3) Cranial sacral therapy; | 59 |
(4) Ortho-bionomy; | 60 |
(5) The use of touch, words, or directed movement to deepen | 61 |
awareness of existing patterns of body movement, or to suggest new | 62 |
possibilities of movement, including the Feldenkrais method of | 63 |
somatic education, the Rolf institute's Rolf movement integration, | 64 |
and the Trager approach; | 65 |
(6) The use of touch to affect the body's energy systems, | 66 |
acupoints, or qi meridians, including Asian bodywork therapy, | 67 |
acupressure, jin shin do, reiki, qigong, shiatsu, touch for | 68 |
health, and tui na. | 69 |
(B) "Complementary or alternative health care practitioner" | 70 |
means an individual who provides complementary or alternative | 71 |
health care services to a client and who either is not a licensed | 72 |
health care professional or, if an individual is a licensed health | 73 |
care professional, the individual is not holding the individual's | 74 |
self out as a licensed health care professional when providing | 75 |
services. | 76 |
(C) "Complementary or alternative health care services" means | 77 |
the broad domain of health care and healing practices that may or | 78 |
may not be provided in addition to or in place of prevailing or | 79 |
conventional treatment options, as long as those health care and | 80 |
healing practices do not include any of the activities prohibited | 81 |
under section 4783.02 of the Revised Code. "Complementary or | 82 |
alternative health care services" includes, but is not limited to, | 83 |
all of the following: | 84 |
(1) Anthroposophy; | 85 |
(2) Aromatherapy; | 86 |
(3) Ayurveda; | 87 |
(4) Culturally traditional healing practices and healing | 88 |
traditions, including such practices and traditions that employ | 89 |
the use of plant medicines and foods, prayer, ceremony, or song; | 90 |
(5) Detoxification practices and therapies; | 91 |
(6) Energetic healing; | 92 |
(7) Folk practices; | 93 |
(8) Gerson therapy; | 94 |
(9) Colostrum therapy; | 95 |
(10) Healing practices utilizing food, dietary supplements, | 96 |
nutrients, and the physical forces of heat, cold, water, touch, | 97 |
and light; | 98 |
(11) Healing touch; | 99 |
(12) Herbology or herbalism; | 100 |
(13) Homeopathy; | 101 |
(14) Meditation; | 102 |
(15) Mind-body healing practices; | 103 |
(16) Naturopathy; | 104 |
(17) Iridology; | 105 |
(18) Noninvasive instrumentalities; | 106 |
(19) Polarity, polarity therapy, or polarity bodywork | 107 |
therapy; | 108 |
(20) Holistic kinesiology and other muscle testing | 109 |
techniques; | 110 |
(21) Bodywork. | 111 |
(D) "Dangerous drug," "drug," and "licensed health | 112 |
professional authorized to prescribe drugs" have the same meanings | 113 |
as in section 4729.01 of the Revised Code. | 114 |
(E) "Licensed health care professional" means an individual | 115 |
who holds a current, valid license or certificate issued under | 116 |
Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., | 117 |
4755., 4759., 4762., or 4779. of the Revised Code. | 118 |
(F) "Executive agency" means a board, commission, agency, | 119 |
department, or similar entity that is part of the executive branch | 120 |
of state government. | 121 |
Sec. 4783.02. No complementary or alternative health care | 122 |
practitioner shall do any of the following: | 123 |
(A) Perform surgery or any other procedure that punctures the | 124 |
skin; | 125 |
(B) Perform any adjustment of the articulation of the joints | 126 |
or spine of any individual; | 127 |
(C) Use or recommend any procedure involving ionizing | 128 |
radiation as defined in section 4773.01 of the Revised Code; | 129 |
(D) Provide a medical diagnosis of a disease; | 130 |
(E) Provide diagnosis or treatment of a physical or mental | 131 |
health condition of an individual if the diagnosis or treatment | 132 |
poses to that individual a recognizable and imminent risk of | 133 |
significant and discernible direct physical or mental harm; | 134 |
(F) Counsel any individual to disregard the instruction or | 135 |
counsel of a licensed health care professional; | 136 |
(G) Counsel any individual to discontinue use of any | 137 |
dangerous drug, drug, or therapeutic device prescribed to the | 138 |
individual by a licensed health professional authorized to | 139 |
prescribe drugs; | 140 |
(H) Administer or prescribe any dangerous drug; | 141 |
(I) Hold out, state, indicate, advertise, or otherwise imply | 142 |
to any person that the practitioner is licensed by this state to | 143 |
practice as a licensed health care professional unless the | 144 |
practitioner is licensed; | 145 |
(J) Perform or provide enteral or parenteral nutrition; | 146 |
(K) Promise a cure; | 147 |
(L) Set a fracture of a bone; | 148 |
(M) Perform bodywork or similar complementary or alternative | 149 |
health care services in a manner that would constitute the | 150 |
practice of massage therapy as regulated by the state medical | 151 |
board under section 4731.15 of the Revised Code; | 152 |
(N) Provide or perform an abortion; | 153 |
(O) Insert intrauterine devices; | 154 |
(P) Provide complementary or alternative health care services | 155 |
to a person who is less than eighteen years of age without the | 156 |
consent of the person's parent or legal guardian, except when the | 157 |
person who is less than eighteen years of age is emancipated. | 158 |
Sec. 4783.03. A complementary or alternative health care | 159 |
practitioner shall do all of the following: | 160 |
(A) Prior to providing complementary or alternative health | 161 |
care services to an individual for the first time, provide a | 162 |
plainly worded, written document to the recipient of the services | 163 |
that discloses all of the following information: | 164 |
(1) The nature of services to be provided; | 165 |
(2) The degrees, training, experience, credentials, or other | 166 |
qualifications held by the practitioner with regard to the | 167 |
services to be provided; | 168 |
(3) If the practitioner is not a licensed health care | 169 |
professional, the following statement, printed clearly in not less | 170 |
than eleven-point font, that reads verbatim: | 171 |
"I AM NOT LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED BY THE | 172 |
STATE OF OHIO TO PRACTICE A HEALTH CARE PROFESSION. I AM NOT A | 173 |
MEDICAL DOCTOR, PHYSICIAN, OR ANY OTHER HEALTH CARE PROFESSIONAL | 174 |
LICENSED BY THE STATE. THE STATE HAS NOT ADOPTED ANY EDUCATIONAL | 175 |
OR TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR | 176 |
ALTERNATIVE HEALTH CARE PRACTITIONERS." | 177 |
(4) If the practitioner also is a licensed health care | 178 |
professional, the following statement, printed clearly in not less | 179 |
than eleven-point font, that reads: | 180 |
"I HOLD THE FOLLOWING LICENSES AND CERTIFICATIONS ISSUED BY | 181 |
THE STATE OF OHIO: (list of licenses and certificates). HOWEVER, I | 182 |
AM PROVIDING MY SERVICES TO YOU AS A COMPLEMENTARY OR ALTERNATIVE | 183 |
HEALTH CARE PRACTITIONER AND I AM NOT PROVIDING SERVICES AS A | 184 |
LICENSED HEALTH CARE PROFESSIONAL. THE STATE HAS NOT ADOPTED ANY | 185 |
EDUCATION OR TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR | 186 |
ALTERNATIVE HEALTH CARE PRACTITIONERS." | 187 |
(5) A statement that describes the following: | 188 |
(a) Any agreement or other arrangement between the | 189 |
practitioner and another complementary or alternative health care | 190 |
practitioner or between the practitioner and a licensed health | 191 |
care professional whereby that practitioner derives a financial or | 192 |
other benefit; | 193 |
(b) The nature of any benefit resulting from an agreement or | 194 |
arrangement described in division (A)(5)(a) of this section. | 195 |
(B) Obtain from the recipient of the services a written | 196 |
acknowledgment that the recipient has been provided a document | 197 |
disclosing all the information required to be disclosed pursuant | 198 |
to division (A) of this section; | 199 |
(C) Provide the recipient of the services with a copy of the | 200 |
acknowledgment described in division (B) of this section; | 201 |
(D) Maintain the acknowledgment described in division (B) of | 202 |
this section from every recipient of the practitioner's services | 203 |
for at least two years after the date that a recipient receives | 204 |
services from the practitioner for the final time. | 205 |
Sec. 4783.04. (A) Notwithstanding any provision of the | 206 |
Revised Code to the contrary, including, but not limited to, any | 207 |
provision of Chapter 4715., 4723., 4725., 4729., 4730., 4731., | 208 |
4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code, a | 209 |
complementary or alternative health care practitioner is not | 210 |
considered to have violated a provision of this chapter or Chapter | 211 |
4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., | 212 |
4759., 4762., or 4779. of the Revised Code unless the practitioner | 213 |
commits an act described in section 4783.02 of the Revised Code or | 214 |
fails to comply with section 4783.03 of the Revised Code. | 215 |
(B) An executive agency that receives a complaint against a | 216 |
practitioner shall do both of the following: | 217 |
(1) If it determines that the subject matter of the complaint | 218 |
falls under the jurisdiction of another executive agency, refer | 219 |
the complaint to the appropriate executive agency. | 220 |
(2) If it determines that the subject matter of the complaint | 221 |
falls under its jurisdiction, conduct a preliminary investigation | 222 |
of the complaint to determine whether the practitioner who is the | 223 |
subject of the complaint violated section 4783.02 or failed to | 224 |
comply with section 4783.03 of the Revised Code. | 225 |
(C) If the preliminary investigation conducted pursuant to | 226 |
division (B) of this section does not reveal that a violation or | 227 |
failure to comply occurred, the executive agency shall not pursue | 228 |
the matter further. | 229 |
(D) If the preliminary investigation conducted pursuant to | 230 |
division (B) of this section regarding an alleged failure of a | 231 |
practitioner to comply with section 4783.03 of the Revised Code | 232 |
reveals that the practitioner has failed to comply with that | 233 |
section, the executive agency shall notify the practitioner of its | 234 |
finding and request that the practitioner comply with the | 235 |
requirements specified in that section. | 236 |
(E) If the preliminary investigation conducted pursuant to | 237 |
division (B) of this section regarding an alleged violation of | 238 |
section 4783.02 of the Revised Code by a practitioner reveals that | 239 |
the practitioner has engaged in an activity specified in that | 240 |
section, or if a practitioner fails to comply with a request made | 241 |
under division (D) of this section, the executive agency shall | 242 |
address the matter in the same manner it addresses a matter | 243 |
involving an individual who engages in an activity for which the | 244 |
individual must have a license or certificate, including referring | 245 |
the matter to the appropriate prosecutorial authority. | 246 |
Sec. 4783.05. Nothing in this chapter modifies or changes the | 247 |
scope of practice of any licensee or certificate holder under | 248 |
Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., | 249 |
4755., 4759., 4762., or 4779. of the Revised Code, nor does it | 250 |
alter in any way the provisions of those chapters that prohibit | 251 |
fraud and the exploitation of patients and that require licensees | 252 |
and certificate holders to practice within their respective | 253 |
standards of care. | 254 |
This chapter does not apply to a person who is exempt from | 255 |
the requirement to obtain a license or certificate pursuant to | 256 |
Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., | 257 |
4755., 4759., 4762., or 4779. of the Revised Code and by that | 258 |
exemption is permitted to engage in the activities in which the | 259 |
person wishes to engage. | 260 |
This chapter does not apply to an individual authorized to | 261 |
practice medicine and surgery or osteopathic medicine and surgery | 262 |
under Chapter 4731. of the Revised Code who is engaging in | 263 |
activities specified in section 4731.227 of the Revised Code in | 264 |
accordance with that section. | 265 |
This chapter does not apply to the delivery of babies or | 266 |
post-delivery repairs. | 267 |
Section 2. That existing section 4759.02 of the Revised Code | 268 |
is hereby repealed. | 269 |