As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 251


Representative Schuring 

Cosponsors: Representatives Adams, J., Murray, Fedor, Phillips, Fende, Yuko, Hagan, R., Letson 



A BILL
To amend sections 4731.22, 4731.36, 4734.31, 4762.01, 1
4762.02, 4762.03, 4762.031, 4762.04, 4762.05, 2
4762.06, 4762.08, 4762.09, 4762.10, 4762.11, 3
4762.12, 4762.13, 4762.131, 4762.132, 4762.14, 4
4762.15, 4762.16, 4762.17, 4762.18, 4762.19, and 5
4762.22 of the Revised Code to regulate the 6
practice of Oriental medicine and to modify the 7
laws governing the practice of acupuncture.8


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

       Section 1. That sections 4731.22, 4731.36, 4734.31, 4762.01, 9
4762.02, 4762.03, 4762.031, 4762.04, 4762.05, 4762.06, 4762.08, 10
4762.09, 4762.10, 4762.11, 4762.12, 4762.13, 4762.131, 4762.132, 11
4762.14, 4762.15, 4762.16, 4762.17, 4762.18, 4762.19, and 4762.22 12
of the Revised Code be amended to read as follows:13

       Sec. 4731.22.  (A) The state medical board, by an affirmative 14
vote of not fewer than six of its members, may revoke or may 15
refuse to grant a certificate to a person found by the board to 16
have committed fraud during the administration of the examination 17
for a certificate to practice or to have committed fraud, 18
misrepresentation, or deception in applying for or securing any 19
certificate to practice or certificate of registration issued by 20
the board.21

       (B) The board, by an affirmative vote of not fewer than six 22
members, shall, to the extent permitted by law, limit, revoke, or 23
suspend an individual's certificate to practice, refuse to 24
register an individual, refuse to reinstate a certificate, or 25
reprimand or place on probation the holder of a certificate for 26
one or more of the following reasons:27

       (1) Permitting one's name or one's certificate to practice or 28
certificate of registration to be used by a person, group, or 29
corporation when the individual concerned is not actually 30
directing the treatment given;31

       (2) Failure to maintain minimal standards applicable to the 32
selection or administration of drugs, or failure to employ 33
acceptable scientific methods in the selection of drugs or other 34
modalities for treatment of disease;35

       (3) Selling, giving away, personally furnishing, prescribing, 36
or administering drugs for other than legal and legitimate 37
therapeutic purposes or a plea of guilty to, a judicial finding of 38
guilt of, or a judicial finding of eligibility for intervention in 39
lieu of conviction of, a violation of any federal or state law 40
regulating the possession, distribution, or use of any drug;41

       (4) Willfully betraying a professional confidence.42

       For purposes of this division, "willfully betraying a 43
professional confidence" does not include providing any 44
information, documents, or reports to a child fatality review 45
board under sections 307.621 to 307.629 of the Revised Code and 46
does not include the making of a report of an employee's use of a 47
drug of abuse, or a report of a condition of an employee other 48
than one involving the use of a drug of abuse, to the employer of 49
the employee as described in division (B) of section 2305.33 of 50
the Revised Code. Nothing in this division affects the immunity 51
from civil liability conferred by that section upon a physician 52
who makes either type of report in accordance with division (B) of 53
that section. As used in this division, "employee," "employer," 54
and "physician" have the same meanings as in section 2305.33 of 55
the Revised Code.56

       (5) Making a false, fraudulent, deceptive, or misleading 57
statement in the solicitation of or advertising for patients; in 58
relation to the practice of medicine and surgery, osteopathic 59
medicine and surgery, podiatric medicine and surgery, or a limited 60
branch of medicine; or in securing or attempting to secure any 61
certificate to practice or certificate of registration issued by 62
the board.63

       As used in this division, "false, fraudulent, deceptive, or 64
misleading statement" means a statement that includes a 65
misrepresentation of fact, is likely to mislead or deceive because 66
of a failure to disclose material facts, is intended or is likely 67
to create false or unjustified expectations of favorable results, 68
or includes representations or implications that in reasonable 69
probability will cause an ordinarily prudent person to 70
misunderstand or be deceived.71

       (6) A departure from, or the failure to conform to, minimal 72
standards of care of similar practitioners under the same or 73
similar circumstances, whether or not actual injury to a patient 74
is established;75

       (7) Representing, with the purpose of obtaining compensation 76
or other advantage as personal gain or for any other person, that 77
an incurable disease or injury, or other incurable condition, can 78
be permanently cured;79

       (8) The obtaining of, or attempting to obtain, money or 80
anything of value by fraudulent misrepresentations in the course 81
of practice;82

       (9) A plea of guilty to, a judicial finding of guilt of, or a 83
judicial finding of eligibility for intervention in lieu of 84
conviction for, a felony;85

       (10) Commission of an act that constitutes a felony in this 86
state, regardless of the jurisdiction in which the act was 87
committed;88

       (11) A plea of guilty to, a judicial finding of guilt of, or 89
a judicial finding of eligibility for intervention in lieu of 90
conviction for, a misdemeanor committed in the course of practice;91

       (12) Commission of an act in the course of practice that 92
constitutes a misdemeanor in this state, regardless of the 93
jurisdiction in which the act was committed;94

       (13) A plea of guilty to, a judicial finding of guilt of, or 95
a judicial finding of eligibility for intervention in lieu of 96
conviction for, a misdemeanor involving moral turpitude;97

       (14) Commission of an act involving moral turpitude that 98
constitutes a misdemeanor in this state, regardless of the 99
jurisdiction in which the act was committed;100

       (15) Violation of the conditions of limitation placed by the 101
board upon a certificate to practice;102

       (16) Failure to pay license renewal fees specified in this 103
chapter;104

       (17) Except as authorized in section 4731.31 of the Revised 105
Code, engaging in the division of fees for referral of patients, 106
or the receiving of a thing of value in return for a specific 107
referral of a patient to utilize a particular service or business;108

       (18) Subject to section 4731.226 of the Revised Code, 109
violation of any provision of a code of ethics of the American 110
medical association, the American osteopathic association, the 111
American podiatric medical association, or any other national 112
professional organizations that the board specifies by rule. The 113
state medical board shall obtain and keep on file current copies 114
of the codes of ethics of the various national professional 115
organizations. The individual whose certificate is being suspended 116
or revoked shall not be found to have violated any provision of a 117
code of ethics of an organization not appropriate to the 118
individual's profession.119

       For purposes of this division, a "provision of a code of 120
ethics of a national professional organization" does not include 121
any provision that would preclude the making of a report by a 122
physician of an employee's use of a drug of abuse, or of a 123
condition of an employee other than one involving the use of a 124
drug of abuse, to the employer of the employee as described in 125
division (B) of section 2305.33 of the Revised Code. Nothing in 126
this division affects the immunity from civil liability conferred 127
by that section upon a physician who makes either type of report 128
in accordance with division (B) of that section. As used in this 129
division, "employee," "employer," and "physician" have the same 130
meanings as in section 2305.33 of the Revised Code.131

       (19) Inability to practice according to acceptable and 132
prevailing standards of care by reason of mental illness or 133
physical illness, including, but not limited to, physical 134
deterioration that adversely affects cognitive, motor, or 135
perceptive skills.136

       In enforcing this division, the board, upon a showing of a 137
possible violation, may compel any individual authorized to 138
practice by this chapter or who has submitted an application 139
pursuant to this chapter to submit to a mental examination, 140
physical examination, including an HIV test, or both a mental and 141
a physical examination. The expense of the examination is the 142
responsibility of the individual compelled to be examined. Failure 143
to submit to a mental or physical examination or consent to an HIV 144
test ordered by the board constitutes an admission of the 145
allegations against the individual unless the failure is due to 146
circumstances beyond the individual's control, and a default and 147
final order may be entered without the taking of testimony or 148
presentation of evidence. If the board finds an individual unable 149
to practice because of the reasons set forth in this division, the 150
board shall require the individual to submit to care, counseling, 151
or treatment by physicians approved or designated by the board, as 152
a condition for initial, continued, reinstated, or renewed 153
authority to practice. An individual affected under this division 154
shall be afforded an opportunity to demonstrate to the board the 155
ability to resume practice in compliance with acceptable and 156
prevailing standards under the provisions of the individual's 157
certificate. For the purpose of this division, any individual who 158
applies for or receives a certificate to practice under this 159
chapter accepts the privilege of practicing in this state and, by 160
so doing, shall be deemed to have given consent to submit to a 161
mental or physical examination when directed to do so in writing 162
by the board, and to have waived all objections to the 163
admissibility of testimony or examination reports that constitute 164
a privileged communication.165

       (20) Except when civil penalties are imposed under section 166
4731.225 or 4731.281 of the Revised Code, and subject to section 167
4731.226 of the Revised Code, violating or attempting to violate, 168
directly or indirectly, or assisting in or abetting the violation 169
of, or conspiring to violate, any provisions of this chapter or 170
any rule promulgated by the board.171

       This division does not apply to a violation or attempted 172
violation of, assisting in or abetting the violation of, or a 173
conspiracy to violate, any provision of this chapter or any rule 174
adopted by the board that would preclude the making of a report by 175
a physician of an employee's use of a drug of abuse, or of a 176
condition of an employee other than one involving the use of a 177
drug of abuse, to the employer of the employee as described in 178
division (B) of section 2305.33 of the Revised Code. Nothing in 179
this division affects the immunity from civil liability conferred 180
by that section upon a physician who makes either type of report 181
in accordance with division (B) of that section. As used in this 182
division, "employee," "employer," and "physician" have the same 183
meanings as in section 2305.33 of the Revised Code.184

       (21) The violation of section 3701.79 of the Revised Code or 185
of any abortion rule adopted by the public health council pursuant 186
to section 3701.341 of the Revised Code;187

       (22) Any of the following actions taken by the agency 188
responsible for regulating the practice of medicine and surgery, 189
osteopathic medicine and surgery, podiatric medicine and surgery, 190
or the limited branches of medicine in another jurisdiction, for 191
any reason other than the nonpayment of fees: the limitation, 192
revocation, or suspension of an individual's license to practice; 193
acceptance of an individual's license surrender; denial of a 194
license; refusal to renew or reinstate a license; imposition of 195
probation; or issuance of an order of censure or other reprimand;196

       (23) The violation of section 2919.12 of the Revised Code or 197
the performance or inducement of an abortion upon a pregnant woman 198
with actual knowledge that the conditions specified in division 199
(B) of section 2317.56 of the Revised Code have not been satisfied 200
or with a heedless indifference as to whether those conditions 201
have been satisfied, unless an affirmative defense as specified in 202
division (H)(2) of that section would apply in a civil action 203
authorized by division (H)(1) of that section;204

       (24) The revocation, suspension, restriction, reduction, or 205
termination of clinical privileges by the United States department 206
of defense or department of veterans affairs or the termination or 207
suspension of a certificate of registration to prescribe drugs by 208
the drug enforcement administration of the United States 209
department of justice;210

       (25) Termination or suspension from participation in the 211
medicare or medicaid programs by the department of health and 212
human services or other responsible agency for any act or acts 213
that also would constitute a violation of division (B)(2), (3), 214
(6), (8), or (19) of this section;215

       (26) Impairment of ability to practice according to 216
acceptable and prevailing standards of care because of habitual or 217
excessive use or abuse of drugs, alcohol, or other substances that 218
impair ability to practice.219

       For the purposes of this division, any individual authorized 220
to practice by this chapter accepts the privilege of practicing in 221
this state subject to supervision by the board. By filing an 222
application for or holding a certificate to practice under this 223
chapter, an individual shall be deemed to have given consent to 224
submit to a mental or physical examination when ordered to do so 225
by the board in writing, and to have waived all objections to the 226
admissibility of testimony or examination reports that constitute 227
privileged communications.228

       If it has reason to believe that any individual authorized to 229
practice by this chapter or any applicant for certification to 230
practice suffers such impairment, the board may compel the 231
individual to submit to a mental or physical examination, or both. 232
The expense of the examination is the responsibility of the 233
individual compelled to be examined. Any mental or physical 234
examination required under this division shall be undertaken by a 235
treatment provider or physician who is qualified to conduct the 236
examination and who is chosen by the board.237

       Failure to submit to a mental or physical examination ordered 238
by the board constitutes an admission of the allegations against 239
the individual unless the failure is due to circumstances beyond 240
the individual's control, and a default and final order may be 241
entered without the taking of testimony or presentation of 242
evidence. If the board determines that the individual's ability to 243
practice is impaired, the board shall suspend the individual's 244
certificate or deny the individual's application and shall require 245
the individual, as a condition for initial, continued, reinstated, 246
or renewed certification to practice, to submit to treatment.247

       Before being eligible to apply for reinstatement of a 248
certificate suspended under this division, the impaired 249
practitioner shall demonstrate to the board the ability to resume 250
practice in compliance with acceptable and prevailing standards of 251
care under the provisions of the practitioner's certificate. The 252
demonstration shall include, but shall not be limited to, the 253
following:254

       (a) Certification from a treatment provider approved under 255
section 4731.25 of the Revised Code that the individual has 256
successfully completed any required inpatient treatment;257

       (b) Evidence of continuing full compliance with an aftercare 258
contract or consent agreement;259

       (c) Two written reports indicating that the individual's 260
ability to practice has been assessed and that the individual has 261
been found capable of practicing according to acceptable and 262
prevailing standards of care. The reports shall be made by 263
individuals or providers approved by the board for making the 264
assessments and shall describe the basis for their determination.265

       The board may reinstate a certificate suspended under this 266
division after that demonstration and after the individual has 267
entered into a written consent agreement.268

       When the impaired practitioner resumes practice, the board 269
shall require continued monitoring of the individual. The 270
monitoring shall include, but not be limited to, compliance with 271
the written consent agreement entered into before reinstatement or 272
with conditions imposed by board order after a hearing, and, upon 273
termination of the consent agreement, submission to the board for 274
at least two years of annual written progress reports made under 275
penalty of perjury stating whether the individual has maintained 276
sobriety.277

       (27) A second or subsequent violation of section 4731.66 or 278
4731.69 of the Revised Code;279

       (28) Except as provided in division (N) of this section:280

       (a) Waiving the payment of all or any part of a deductible or 281
copayment that a patient, pursuant to a health insurance or health 282
care policy, contract, or plan that covers the individual's 283
services, otherwise would be required to pay if the waiver is used 284
as an enticement to a patient or group of patients to receive 285
health care services from that individual;286

       (b) Advertising that the individual will waive the payment of 287
all or any part of a deductible or copayment that a patient, 288
pursuant to a health insurance or health care policy, contract, or 289
plan that covers the individual's services, otherwise would be 290
required to pay.291

       (29) Failure to use universal blood and body fluid 292
precautions established by rules adopted under section 4731.051 of 293
the Revised Code;294

       (30) Failure to provide notice to, and receive acknowledgment 295
of the notice from, a patient when required by section 4731.143 of 296
the Revised Code prior to providing nonemergency professional 297
services, or failure to maintain that notice in the patient's 298
file;299

       (31) Failure of a physician supervising a physician assistant 300
to maintain supervision in accordance with the requirements of 301
Chapter 4730. of the Revised Code and the rules adopted under that 302
chapter;303

       (32) Failure of a physician or podiatrist to enter into a 304
standard care arrangement with a clinical nurse specialist, 305
certified nurse-midwife, or certified nurse practitioner with whom 306
the physician or podiatrist is in collaboration pursuant to 307
section 4731.27 of the Revised Code or failure to fulfill the 308
responsibilities of collaboration after entering into a standard 309
care arrangement;310

       (33) Failure to comply with the terms of a consult agreement 311
entered into with a pharmacist pursuant to section 4729.39 of the 312
Revised Code;313

       (34) Failure to cooperate in an investigation conducted by 314
the board under division (F) of this section, including failure to 315
comply with a subpoena or order issued by the board or failure to 316
answer truthfully a question presented by the board at a 317
deposition or in written interrogatories, except that failure to 318
cooperate with an investigation shall not constitute grounds for 319
discipline under this section if a court of competent jurisdiction 320
has issued an order that either quashes a subpoena or permits the 321
individual to withhold the testimony or evidence in issue;322

       (35) Failure to supervise an oriental medicine practitioner 323
or acupuncturist in accordance with Chapter 4762. of the Revised 324
Code and the board's rules for providing that supervision of an 325
acupuncturist;326

       (36) Failure to supervise an anesthesiologist assistant in 327
accordance with Chapter 4760. of the Revised Code and the board's 328
rules for supervision of an anesthesiologist assistant;329

       (37) Assisting suicide as defined in section 3795.01 of the 330
Revised Code;331

       (38) Failure to comply with the requirements of section 332
2317.561 of the Revised Code;333

       (39) Failure to supervise a radiologist assistant in 334
accordance with Chapter 4774. of the Revised Code and the board's 335
rules for supervision of radiologist assistants;336

       (40) Performing or inducing an abortion at an office or 337
facility with knowledge that the office or facility fails to post 338
the notice required under section 3701.791 of the Revised Code.339

       (C) Disciplinary actions taken by the board under divisions 340
(A) and (B) of this section shall be taken pursuant to an 341
adjudication under Chapter 119. of the Revised Code, except that 342
in lieu of an adjudication, the board may enter into a consent 343
agreement with an individual to resolve an allegation of a 344
violation of this chapter or any rule adopted under it. A consent 345
agreement, when ratified by an affirmative vote of not fewer than 346
six members of the board, shall constitute the findings and order 347
of the board with respect to the matter addressed in the 348
agreement. If the board refuses to ratify a consent agreement, the 349
admissions and findings contained in the consent agreement shall 350
be of no force or effect.351

       If the board takes disciplinary action against an individual 352
under division (B) of this section for a second or subsequent plea 353
of guilty to, or judicial finding of guilt of, a violation of 354
section 2919.123 of the Revised Code, the disciplinary action 355
shall consist of a suspension of the individual's certificate to 356
practice for a period of at least one year or, if determined 357
appropriate by the board, a more serious sanction involving the 358
individual's certificate to practice. Any consent agreement 359
entered into under this division with an individual that pertains 360
to a second or subsequent plea of guilty to, or judicial finding 361
of guilt of, a violation of that section shall provide for a 362
suspension of the individual's certificate to practice for a 363
period of at least one year or, if determined appropriate by the 364
board, a more serious sanction involving the individual's 365
certificate to practice.366

       (D) For purposes of divisions (B)(10), (12), and (14) of this 367
section, the commission of the act may be established by a finding 368
by the board, pursuant to an adjudication under Chapter 119. of 369
the Revised Code, that the individual committed the act. The board 370
does not have jurisdiction under those divisions if the trial 371
court renders a final judgment in the individual's favor and that 372
judgment is based upon an adjudication on the merits. The board 373
has jurisdiction under those divisions if the trial court issues 374
an order of dismissal upon technical or procedural grounds.375

       (E) The sealing of conviction records by any court shall have 376
no effect upon a prior board order entered under this section or 377
upon the board's jurisdiction to take action under this section 378
if, based upon a plea of guilty, a judicial finding of guilt, or a 379
judicial finding of eligibility for intervention in lieu of 380
conviction, the board issued a notice of opportunity for a hearing 381
prior to the court's order to seal the records. The board shall 382
not be required to seal, destroy, redact, or otherwise modify its 383
records to reflect the court's sealing of conviction records.384

       (F)(1) The board shall investigate evidence that appears to 385
show that a person has violated any provision of this chapter or 386
any rule adopted under it. Any person may report to the board in a 387
signed writing any information that the person may have that 388
appears to show a violation of any provision of this chapter or 389
any rule adopted under it. In the absence of bad faith, any person 390
who reports information of that nature or who testifies before the 391
board in any adjudication conducted under Chapter 119. of the 392
Revised Code shall not be liable in damages in a civil action as a 393
result of the report or testimony. Each complaint or allegation of 394
a violation received by the board shall be assigned a case number 395
and shall be recorded by the board.396

       (2) Investigations of alleged violations of this chapter or 397
any rule adopted under it shall be supervised by the supervising 398
member elected by the board in accordance with section 4731.02 of 399
the Revised Code and by the secretary as provided in section 400
4731.39 of the Revised Code. The president may designate another 401
member of the board to supervise the investigation in place of the 402
supervising member. No member of the board who supervises the 403
investigation of a case shall participate in further adjudication 404
of the case.405

       (3) In investigating a possible violation of this chapter or 406
any rule adopted under this chapter, the board may administer 407
oaths, order the taking of depositions, issue subpoenas, and 408
compel the attendance of witnesses and production of books, 409
accounts, papers, records, documents, and testimony, except that a 410
subpoena for patient record information shall not be issued 411
without consultation with the attorney general's office and 412
approval of the secretary and supervising member of the board. 413
Before issuance of a subpoena for patient record information, the 414
secretary and supervising member shall determine whether there is 415
probable cause to believe that the complaint filed alleges a 416
violation of this chapter or any rule adopted under it and that 417
the records sought are relevant to the alleged violation and 418
material to the investigation. The subpoena may apply only to 419
records that cover a reasonable period of time surrounding the 420
alleged violation.421

       On failure to comply with any subpoena issued by the board 422
and after reasonable notice to the person being subpoenaed, the 423
board may move for an order compelling the production of persons 424
or records pursuant to the Rules of Civil Procedure.425

       A subpoena issued by the board may be served by a sheriff, 426
the sheriff's deputy, or a board employee designated by the board. 427
Service of a subpoena issued by the board may be made by 428
delivering a copy of the subpoena to the person named therein, 429
reading it to the person, or leaving it at the person's usual 430
place of residence. When the person being served is a person whose 431
practice is authorized by this chapter, service of the subpoena 432
may be made by certified mail, restricted delivery, return receipt 433
requested, and the subpoena shall be deemed served on the date 434
delivery is made or the date the person refuses to accept 435
delivery.436

       A sheriff's deputy who serves a subpoena shall receive the 437
same fees as a sheriff. Each witness who appears before the board 438
in obedience to a subpoena shall receive the fees and mileage 439
provided for under section 119.094 of the Revised Code.440

       (4) All hearings and investigations of the board shall be 441
considered civil actions for the purposes of section 2305.252 of 442
the Revised Code.443

       (5) Information received by the board pursuant to an 444
investigation is confidential and not subject to discovery in any 445
civil action.446

       The board shall conduct all investigations and proceedings in 447
a manner that protects the confidentiality of patients and persons 448
who file complaints with the board. The board shall not make 449
public the names or any other identifying information about 450
patients or complainants unless proper consent is given or, in the 451
case of a patient, a waiver of the patient privilege exists under 452
division (B) of section 2317.02 of the Revised Code, except that 453
consent or a waiver of that nature is not required if the board 454
possesses reliable and substantial evidence that no bona fide 455
physician-patient relationship exists.456

       The board may share any information it receives pursuant to 457
an investigation, including patient records and patient record 458
information, with law enforcement agencies, other licensing 459
boards, and other governmental agencies that are prosecuting, 460
adjudicating, or investigating alleged violations of statutes or 461
administrative rules. An agency or board that receives the 462
information shall comply with the same requirements regarding 463
confidentiality as those with which the state medical board must 464
comply, notwithstanding any conflicting provision of the Revised 465
Code or procedure of the agency or board that applies when it is 466
dealing with other information in its possession. In a judicial 467
proceeding, the information may be admitted into evidence only in 468
accordance with the Rules of Evidence, but the court shall require 469
that appropriate measures are taken to ensure that confidentiality 470
is maintained with respect to any part of the information that 471
contains names or other identifying information about patients or 472
complainants whose confidentiality was protected by the state 473
medical board when the information was in the board's possession. 474
Measures to ensure confidentiality that may be taken by the court 475
include sealing its records or deleting specific information from 476
its records.477

       (6) On a quarterly basis, the board shall prepare a report 478
that documents the disposition of all cases during the preceding 479
three months. The report shall contain the following information 480
for each case with which the board has completed its activities:481

       (a) The case number assigned to the complaint or alleged 482
violation;483

       (b) The type of certificate to practice, if any, held by the 484
individual against whom the complaint is directed;485

       (c) A description of the allegations contained in the 486
complaint;487

       (d) The disposition of the case.488

       The report shall state how many cases are still pending and 489
shall be prepared in a manner that protects the identity of each 490
person involved in each case. The report shall be a public record 491
under section 149.43 of the Revised Code.492

       (G) If the secretary and supervising member determine that 493
there is clear and convincing evidence that an individual has 494
violated division (B) of this section and that the individual's 495
continued practice presents a danger of immediate and serious harm 496
to the public, they may recommend that the board suspend the 497
individual's certificate to practice without a prior hearing. 498
Written allegations shall be prepared for consideration by the 499
board.500

       The board, upon review of those allegations and by an 501
affirmative vote of not fewer than six of its members, excluding 502
the secretary and supervising member, may suspend a certificate 503
without a prior hearing. A telephone conference call may be 504
utilized for reviewing the allegations and taking the vote on the 505
summary suspension.506

       The board shall issue a written order of suspension by 507
certified mail or in person in accordance with section 119.07 of 508
the Revised Code. The order shall not be subject to suspension by 509
the court during pendency of any appeal filed under section 119.12 510
of the Revised Code. If the individual subject to the summary 511
suspension requests an adjudicatory hearing by the board, the date 512
set for the hearing shall be within fifteen days, but not earlier 513
than seven days, after the individual requests the hearing, unless 514
otherwise agreed to by both the board and the individual.515

       Any summary suspension imposed under this division shall 516
remain in effect, unless reversed on appeal, until a final 517
adjudicative order issued by the board pursuant to this section 518
and Chapter 119. of the Revised Code becomes effective. The board 519
shall issue its final adjudicative order within seventy-five days 520
after completion of its hearing. A failure to issue the order 521
within seventy-five days shall result in dissolution of the 522
summary suspension order but shall not invalidate any subsequent, 523
final adjudicative order.524

       (H) If the board takes action under division (B)(9), (11), or 525
(13) of this section and the judicial finding of guilt, guilty 526
plea, or judicial finding of eligibility for intervention in lieu 527
of conviction is overturned on appeal, upon exhaustion of the 528
criminal appeal, a petition for reconsideration of the order may 529
be filed with the board along with appropriate court documents. 530
Upon receipt of a petition of that nature and supporting court 531
documents, the board shall reinstate the individual's certificate 532
to practice. The board may then hold an adjudication under Chapter 533
119. of the Revised Code to determine whether the individual 534
committed the act in question. Notice of an opportunity for a 535
hearing shall be given in accordance with Chapter 119. of the 536
Revised Code. If the board finds, pursuant to an adjudication held 537
under this division, that the individual committed the act or if 538
no hearing is requested, the board may order any of the sanctions 539
identified under division (B) of this section.540

       (I) The certificate to practice issued to an individual under 541
this chapter and the individual's practice in this state are 542
automatically suspended as of the date of the individual's second 543
or subsequent plea of guilty to, or judicial finding of guilt of, 544
a violation of section 2919.123 of the Revised Code, or the date 545
the individual pleads guilty to, is found by a judge or jury to be 546
guilty of, or is subject to a judicial finding of eligibility for 547
intervention in lieu of conviction in this state or treatment or 548
intervention in lieu of conviction in another jurisdiction for any 549
of the following criminal offenses in this state or a 550
substantially equivalent criminal offense in another jurisdiction: 551
aggravated murder, murder, voluntary manslaughter, felonious 552
assault, kidnapping, rape, sexual battery, gross sexual 553
imposition, aggravated arson, aggravated robbery, or aggravated 554
burglary. Continued practice after suspension shall be considered 555
practicing without a certificate.556

       The board shall notify the individual subject to the 557
suspension by certified mail or in person in accordance with 558
section 119.07 of the Revised Code. If an individual whose 559
certificate is automatically suspended under this division fails 560
to make a timely request for an adjudication under Chapter 119. of 561
the Revised Code, the board shall do whichever of the following is 562
applicable:563

       (1) If the automatic suspension under this division is for a 564
second or subsequent plea of guilty to, or judicial finding of 565
guilt of, a violation of section 2919.123 of the Revised Code, the 566
board shall enter an order suspending the individual's certificate 567
to practice for a period of at least one year or, if determined 568
appropriate by the board, imposing a more serious sanction 569
involving the individual's certificate to practice.570

       (2) In all circumstances in which division (I)(1) of this 571
section does not apply, enter a final order permanently revoking 572
the individual's certificate to practice.573

       (J) If the board is required by Chapter 119. of the Revised 574
Code to give notice of an opportunity for a hearing and if the 575
individual subject to the notice does not timely request a hearing 576
in accordance with section 119.07 of the Revised Code, the board 577
is not required to hold a hearing, but may adopt, by an 578
affirmative vote of not fewer than six of its members, a final 579
order that contains the board's findings. In that final order, the 580
board may order any of the sanctions identified under division (A) 581
or (B) of this section.582

       (K) Any action taken by the board under division (B) of this 583
section resulting in a suspension from practice shall be 584
accompanied by a written statement of the conditions under which 585
the individual's certificate to practice may be reinstated. The 586
board shall adopt rules governing conditions to be imposed for 587
reinstatement. Reinstatement of a certificate suspended pursuant 588
to division (B) of this section requires an affirmative vote of 589
not fewer than six members of the board.590

       (L) When the board refuses to grant a certificate to an 591
applicant, revokes an individual's certificate to practice, 592
refuses to register an applicant, or refuses to reinstate an 593
individual's certificate to practice, the board may specify that 594
its action is permanent. An individual subject to a permanent 595
action taken by the board is forever thereafter ineligible to hold 596
a certificate to practice and the board shall not accept an 597
application for reinstatement of the certificate or for issuance 598
of a new certificate.599

       (M) Notwithstanding any other provision of the Revised Code, 600
all of the following apply:601

       (1) The surrender of a certificate issued under this chapter 602
shall not be effective unless or until accepted by the board. 603
Reinstatement of a certificate surrendered to the board requires 604
an affirmative vote of not fewer than six members of the board.605

       (2) An application for a certificate made under the 606
provisions of this chapter may not be withdrawn without approval 607
of the board.608

       (3) Failure by an individual to renew a certificate of 609
registration in accordance with this chapter shall not remove or 610
limit the board's jurisdiction to take any disciplinary action 611
under this section against the individual.612

       (N) Sanctions shall not be imposed under division (B)(28) of 613
this section against any person who waives deductibles and 614
copayments as follows:615

       (1) In compliance with the health benefit plan that expressly 616
allows such a practice. Waiver of the deductibles or copayments 617
shall be made only with the full knowledge and consent of the plan 618
purchaser, payer, and third-party administrator. Documentation of 619
the consent shall be made available to the board upon request.620

       (2) For professional services rendered to any other person 621
authorized to practice pursuant to this chapter, to the extent 622
allowed by this chapter and rules adopted by the board.623

       (O) Under the board's investigative duties described in this 624
section and subject to division (F) of this section, the board 625
shall develop and implement a quality intervention program 626
designed to improve through remedial education the clinical and 627
communication skills of individuals authorized under this chapter 628
to practice medicine and surgery, osteopathic medicine and 629
surgery, and podiatric medicine and surgery. In developing and 630
implementing the quality intervention program, the board may do 631
all of the following:632

       (1) Offer in appropriate cases as determined by the board an 633
educational and assessment program pursuant to an investigation 634
the board conducts under this section;635

       (2) Select providers of educational and assessment services, 636
including a quality intervention program panel of case reviewers;637

       (3) Make referrals to educational and assessment service 638
providers and approve individual educational programs recommended 639
by those providers. The board shall monitor the progress of each 640
individual undertaking a recommended individual educational 641
program.642

       (4) Determine what constitutes successful completion of an 643
individual educational program and require further monitoring of 644
the individual who completed the program or other action that the 645
board determines to be appropriate;646

       (5) Adopt rules in accordance with Chapter 119. of the 647
Revised Code to further implement the quality intervention 648
program.649

       An individual who participates in an individual educational 650
program pursuant to this division shall pay the financial 651
obligations arising from that educational program.652

       Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the Revised 653
Code shall not prohibit service in case of emergency, domestic 654
administration of family remedies, or provision of assistance to 655
another individual who is self-administering drugs.656

       Sections 4731.01 to 4731.47 of the Revised Code shall not 657
apply to any of the following:658

       (1) A commissioned medical officer of the United States armed 659
forces, as defined in section 5903.11 of the Revised Code, or an 660
employee of the veterans administration of the United States or 661
the United States public health service in the discharge of the 662
officer's or employee's professional duties;663

       (2) A dentist authorized under Chapter 4715. of the Revised 664
Code to practice dentistry when engaged exclusively in the 665
practice of dentistry or when administering anesthetics in the 666
practice of dentistry;667

       (3) A physician or surgeon in another state or territory who 668
is a legal practitioner of medicine or surgery therein when 669
providing consultation to an individual holding a certificate to 670
practice issued under this chapter who is responsible for the 671
examination, diagnosis, and treatment of the patient who is the 672
subject of the consultation, if one of the following applies:673

       (a) The physician or surgeon does not provide consultation in 674
this state on a regular or frequent basis.675

       (b) The physician or surgeon provides the consultation 676
without compensation of any kind, direct or indirect, for the 677
consultation.678

       (c) The consultation is part of the curriculum of a medical 679
school or osteopathic medical school of this state or a program 680
described in division (A)(2) of section 4731.291 of the Revised 681
Code.682

       (4) A physician or surgeon in another state or territory who 683
is a legal practitioner of medicine or surgery therein and 684
provided services to a patient in that state or territory, when 685
providing, not later than one year after the last date services 686
were provided in another state or territory, follow-up services in 687
person or through the use of any communication, including oral, 688
written, or electronic communication, in this state to the patient 689
for the same condition;690

       (5) A physician or surgeon residing on the border of a 691
contiguous state and authorized under the laws thereof to practice 692
medicine and surgery therein, whose practice extends within the 693
limits of this state. Such practitioner shall not either in person 694
or through the use of any communication, including oral, written, 695
or electronic communication, open an office or appoint a place to 696
see patients or receive calls within the limits of this state.697

       (6) A board, committee, or corporation engaged in the conduct 698
described in division (A) of section 2305.251 of the Revised Code 699
when acting within the scope of the functions of the board, 700
committee, or corporation;701

       (7) The conduct of an independent review organization 702
accredited by the superintendent of insurance under section 703
3901.80 of the Revised Code for the purpose of external reviews 704
conducted under sections 1751.84, 1751.85, 3923.67, 3923.68, 705
3923.76, and 3923.77 of the Revised Code.706

       (B) Sections 4731.51 to 4731.61 of the Revised Code do not 707
apply to any graduate of a podiatric school or college while 708
performing those acts that may be prescribed by or incidental to 709
participation in an accredited podiatric internship, residency, or 710
fellowship program situated in this state approved by the state 711
medical board.712

       (C) This chapter does not apply to an oriental medicine 713
practitioner or acupuncturist who complies with Chapter 4762. of 714
the Revised Code.715

       (D) This chapter does not prohibit the administration of 716
drugs by any of the following:717

       (1) An individual who is licensed or otherwise specifically 718
authorized by the Revised Code to administer drugs;719

       (2) An individual who is not licensed or otherwise 720
specifically authorized by the Revised Code to administer drugs, 721
but is acting pursuant to the rules for delegation of medical 722
tasks adopted under section 4731.053 of the Revised Code;723

       (3) An individual specifically authorized to administer drugs 724
pursuant to a rule adopted under the Revised Code that is in 725
effect on the effective date of this amendment, as long as the 726
rule remains in effect, specifically authorizing an individual to 727
administer drugs.728

       (E) The exemptions described in divisions (A)(3), (4), and 729
(5) of this section do not apply to a physician or surgeon whose 730
certificate to practice issued under this chapter is under 731
suspension or has been revoked or permanently revoked by action of 732
the state medical board.733

       Sec. 4734.31.  (A) The state chiropractic board may take any 734
of the actions specified in division (B) of this section against 735
an individual who has applied for or holds a license to practice 736
chiropractic in this state if any of the reasons specified in 737
division (C) of this section for taking action against an 738
individual are applicable. Except as provided in division (D) of 739
this section, actions taken against an individual shall be taken 740
in accordance with Chapter 119. of the Revised Code. The board may 741
specify that any action it takes is a permanent action. The 742
board's authority to take action against an individual is not 743
removed or limited by the individual's failure to renew a license.744

       (B) In its imposition of sanctions against an individual, the 745
board may do any of the following:746

       (1) Refuse to issue, renew, restore, or reinstate a license 747
to practice chiropractic or a certificate to practice acupuncture;748

       (2) Reprimand or censure a license holder;749

       (3) Place limits, restrictions, or probationary conditions on 750
a license holder's practice;751

       (4) Impose a civil fine of not more than five thousand 752
dollars according to a schedule of fines specified in rules that 753
the board shall adopt in accordance with Chapter 119. of the 754
Revised Code.755

       (5) Suspend a license to practice chiropractic or a 756
certificate to practice acupuncture for a limited or indefinite 757
period;758

       (6) Revoke a license to practice chiropractic or a 759
certificate to practice acupuncture.760

       (C) The board may take the actions specified in division (B) 761
of this section for any of the following reasons:762

       (1) A plea of guilty to, a judicial finding of guilt of, or a 763
judicial finding of eligibility for intervention in lieu of 764
conviction for, a felony in any jurisdiction, in which case a 765
certified copy of the court record shall be conclusive evidence of 766
the conviction;767

       (2) Commission of an act that constitutes a felony in this 768
state, regardless of the jurisdiction in which the act was 769
committed;770

       (3) A plea of guilty to, a judicial finding of guilt of, or a 771
judicial finding of eligibility for intervention in lieu of 772
conviction for, a misdemeanor involving moral turpitude, as 773
determined by the board, in which case a certified copy of the 774
court record shall be conclusive evidence of the matter;775

       (4) Commission of an act involving moral turpitude that 776
constitutes a misdemeanor in this state, regardless of the 777
jurisdiction in which the act was committed;778

       (5) A plea of guilty to, a judicial finding of guilt of, or a 779
judicial finding of eligibility for intervention in lieu of 780
conviction for, a misdemeanor committed in the course of practice, 781
in which case a certified copy of the court record shall be 782
conclusive evidence of the matter;783

       (6) Commission of an act in the course of practice that 784
constitutes a misdemeanor in this state, regardless of the 785
jurisdiction in which the act was committed;786

       (7) A violation or attempted violation of this chapter or the 787
rules adopted under it governing the practice of chiropractic and 788
the practice of acupuncture by a chiropractor licensed under this 789
chapter;790

       (8) Failure to cooperate in an investigation conducted by the 791
board, including failure to comply with a subpoena or order issued 792
by the board or failure to answer truthfully a question presented 793
by the board at a deposition or in written interrogatories, except 794
that failure to cooperate with an investigation shall not 795
constitute grounds for discipline under this section if the board 796
or a court of competent jurisdiction has issued an order that 797
either quashes a subpoena or permits the individual to withhold 798
the testimony or evidence in issue;799

       (9) Engaging in an ongoing professional relationship with a 800
person or entity that violates any provision of this chapter or 801
the rules adopted under it, unless the chiropractor makes a good 802
faith effort to have the person or entity comply with the 803
provisions;804

       (10) Retaliating against a chiropractor for the 805
chiropractor's reporting to the board or any other agency with 806
jurisdiction any violation of the law or for cooperating with the 807
board of another agency in the investigation of any violation of 808
the law;809

       (11) Aiding, abetting, assisting, counseling, or conspiring 810
with any person in that person's violation of any provision of 811
this chapter or the rules adopted under it, including the practice 812
of chiropractic without a license, the practice of acupuncture 813
without a certificate, or aiding, abetting, assisting, counseling, 814
or conspiring with any person in that person's unlicensed practice 815
of any other health care profession that has licensing 816
requirements;817

       (12) With respect to a report or record that is made, filed, 818
or signed in connection with the practice of chiropractic or 819
acupuncture, knowingly making or filing a report or record that is 820
false, intentionally or negligently failing to file a report or 821
record required by federal, state, or local law or willfully 822
impeding or obstructing the required filing, or inducing another 823
person to engage in any such acts;824

       (13) Making a false, fraudulent, or deceitful statement to 825
the board or any agent of the board during any investigation or 826
other official proceeding conducted by the board under this 827
chapter or in any filing that must be submitted to the board;828

       (14) Attempting to secure a license to practice chiropractic 829
or certificate to practice acupuncture or to corrupt the outcome 830
of an official board proceeding through bribery or any other 831
improper means;832

       (15) Willfully obstructing or hindering the board or any 833
agent of the board in the discharge of the board's duties;834

       (16) Habitually using drugs or intoxicants to the extent that 835
the person is rendered unfit for the practice of chiropractic or 836
acupuncture;837

       (17) Inability to practice chiropractic or acupuncture 838
according to acceptable and prevailing standards of care by reason 839
of chemical dependency, mental illness, or physical illness, 840
including conditions in which physical deterioration has adversely 841
affected the person's cognitive, motor, or perceptive skills and 842
conditions in which a chiropractor's continued practice may pose a 843
danger to the chiropractor or the public;844

       (18) Any act constituting gross immorality relative to the 845
person's practice of chiropractic or acupuncture, including acts 846
involving sexual abuse, sexual misconduct, or sexual exploitation;847

       (19) Exploiting a patient for personal or financial gain;848

       (20) Failing to maintain proper, accurate, and legible 849
records in the English language documenting each patient's care, 850
including, as appropriate, records of the following: dates of 851
treatment, services rendered, examinations, tests, x-ray reports, 852
referrals, and the diagnosis or clinical impression and clinical 853
treatment plan provided to the patient;854

       (21) Except as otherwise required by the board or by law, 855
disclosing patient information gained during the chiropractor's 856
professional relationship with a patient without obtaining the 857
patient's authorization for the disclosure;858

       (22) Commission of willful or gross malpractice, or willful 859
or gross neglect, in the practice of chiropractic or acupuncture;860

       (23) Failing to perform or negligently performing an act 861
recognized by the board as a general duty or the exercise of due 862
care in the practice of chiropractic or acupuncture, regardless of 863
whether injury results to a patient from the failure to perform or 864
negligent performance of the act;865

       (24) Engaging in any conduct or practice that impairs or may 866
impair the ability to practice chiropractic or acupuncture safely 867
and skillfully;868

       (25) Practicing, or claiming to be capable of practicing, 869
beyond the scope of the practice of chiropractic or acupuncture as 870
established under this chapter and the rules adopted under this 871
chapter;872

       (26) Accepting and performing professional responsibilities 873
as a chiropractor or chiropractor with a certificate to practice 874
acupuncture when not qualified to perform those responsibilities, 875
if the person knew or had reason to know that the person was not 876
qualified to perform them;877

       (27) Delegating any of the professional responsibilities of a 878
chiropractor or chiropractor with a certificate to practice 879
acupuncture to an employee or other individual when the delegating 880
chiropractor knows or had reason to know that the employee or 881
other individual is not qualified by training, experience, or 882
professional licensure to perform the responsibilities;883

       (28) Delegating any of the professional responsibilities of a 884
chiropractor or chiropractor with a certificate to practice 885
acupuncture to an employee or other individual in a negligent 886
manner or failing to provide proper supervision of the employee or 887
other individual to whom the responsibilities are delegated;888

       (29) Failing to refer a patient to another health care 889
practitioner for consultation or treatment when the chiropractor 890
knows or has reason to know that the referral is in the best 891
interest of the patient;892

       (30) Obtaining or attempting to obtain any fee or other 893
advantage by fraud or misrepresentation;894

       (31) Making misleading, deceptive, false, or fraudulent 895
representations in the practice of chiropractic or acupuncture;896

       (32) Being guilty of false, fraudulent, deceptive, or 897
misleading advertising or other solicitations for patients or 898
knowingly having professional connection with any person that 899
advertises or solicits for patients in such a manner;900

       (33) Violation of a provision of any code of ethics 901
established or adopted by the board under section 4734.16 of the 902
Revised Code;903

       (34) Failing to meet the examination requirements for receipt 904
of a license specified under section 4734.20 of the Revised Code;905

       (35) Actions taken for any reason, other than nonpayment of 906
fees, by the chiropractic or acupuncture licensing authority of 907
another state or country;908

       (36) Failing to maintain clean and sanitary conditions at the 909
clinic, office, or other place in which chiropractic services or 910
acupuncture services are provided;911

       (37) Except as provided in division (G) of this section:912

       (a) Waiving the payment of all or any part of a deductible or 913
copayment that a patient, pursuant to a health insurance or health 914
care policy, contract, or plan that covers the chiropractor's 915
services, otherwise would be required to pay if the waiver is used 916
as an enticement to a patient or group of patients to receive 917
health care services from that chiropractor;918

       (b) Advertising that the chiropractor will waive the payment 919
of all or any part of a deductible or copayment that a patient, 920
pursuant to a health insurance or health care policy, contract, or 921
plan that covers the chiropractor's services, otherwise would be 922
required to pay.923

       (38) Failure to supervise an oriental medicine practitioner 924
performing acupuncture or an acupuncturist in accordance with the 925
provisions of section 4762.11 of the Revised Code that are 926
applicable to thea supervising chiropractor of an acupuncturist.927

       (D) The adjudication requirements of Chapter 119. of the 928
Revised Code apply to the board when taking actions against an 929
individual under this section, except as follows:930

       (1) An applicant is not entitled to an adjudication for 931
failing to meet the conditions specified under section 4734.20 of 932
the Revised Code for receipt of a license that involve the board's 933
examination on jurisprudence or the examinations of the national 934
board of chiropractic examiners.935

       (2) A person is not entitled to an adjudication if the person 936
fails to make a timely request for a hearing, in accordance with 937
Chapter 119. of the Revised Code.938

       (3) In lieu of an adjudication, the board may accept the 939
surrender of a license to practice chiropractic or certificate to 940
practice acupuncture from a chiropractor.941

       (4) In lieu of an adjudication, the board may enter into a 942
consent agreement with an individual to resolve an allegation of a 943
violation of this chapter or any rule adopted under it. A consent 944
agreement, when ratified by the board, shall constitute the 945
findings and order of the board with respect to the matter 946
addressed in the agreement. If the board refuses to ratify a 947
consent agreement, the admissions and findings contained in the 948
consent agreement shall be of no force or effect.949

       (E) This section does not require the board to hire, contract 950
with, or retain the services of an expert witness when the board 951
takes action against a chiropractor concerning compliance with 952
acceptable and prevailing standards of care in the practice of 953
chiropractic or acupuncture. As part of an action taken concerning 954
compliance with acceptable and prevailing standards of care, the 955
board may rely on the knowledge of its members for purposes of 956
making a determination of compliance, notwithstanding any expert 957
testimony presented by the chiropractor that contradicts the 958
knowledge and opinions of the members of the board.959

       (F) The sealing of conviction records by a court shall have 960
no effect on a prior board order entered under this section or on 961
the board's jurisdiction to take action under this section if, 962
based on a plea of guilty, a judicial finding of guilt, or a 963
judicial finding of eligibility for intervention in lieu of 964
conviction, the board issued a notice of opportunity for a hearing 965
prior to the court's order to seal the records. The board shall 966
not be required to seal, destroy, redact, or otherwise modify its 967
records to reflect the court's sealing of conviction records.968

       (G) Actions shall not be taken pursuant to division (C)(37) 969
of this section against any chiropractor who waives deductibles 970
and copayments as follows:971

       (1) In compliance with the health benefit plan that expressly 972
allows a practice of that nature. Waiver of the deductibles or 973
copayments shall be made only with the full knowledge and consent 974
of the plan purchaser, payer, and third-party administrator. 975
Documentation of the consent shall be made available to the board 976
upon request.977

       (2) For professional services rendered to any other person 978
licensed pursuant to this chapter, to the extent allowed by this 979
chapter and the rules of the board.980

       Sec. 4762.01.  As used in this chapter:981

       (A) "Acupuncture" means a form of health care performed by 982
the insertion and removal of specialized needles, with or without 983
the applicationuse of moxibustion or electrical stimulation984
supplemental techniques, to specific areas of the human body.985

       (B) "Chiropractor" means an individual licensed under Chapter 986
4734. of the Revised Code to engage in the practice of 987
chiropractic.988

       (C) "Herbal therapy" means the use of herbs, vitamins, 989
minerals, organ extracts, homeopathics, or physiologic materials 990
for energetic or physiologic therapy.991

       (D) "Moxibustion" means the use of an herbal heat source on 992
one or more acupuncture points.993

       (D)(E) "Oriental medicine" means a form of health care in 994
which acupuncture is performed with or without the use of herbal 995
therapy. "Physician" means an individual authorized under Chapter 996
4731. of the Revised Code to practice medicine and surgery, 997
osteopathic medicine and surgery, or podiatry.998

       (F) "Supplemental techniques" means the use of traditional 999
and modern oriental therapeutics, heat therapy, moxibustion, 1000
acupressure and other forms of Chinese massage, and counseling 1001
that includes the provision of information regarding lifestyle 1002
modifications and the therapeutic use of foods and supplements, 1003
including homeopathics, glandulars, vitamins, and minerals.1004

       Sec. 4762.02.  (A) Except as provided in division (B), (C), 1005
or (D) of this section, no person shall engagedo either of the 1006
following: 1007

       (1) Engage in the practice of oriental medicine unless the 1008
person holds a valid certificate to practice as an oriental 1009
medicine practitioner issued by the state medical board under this 1010
chapter; 1011

       (2) Engage in the practice of acupuncture unless the person 1012
holds a valid certificate to practice as an acupuncturist issued 1013
by the state medical board under this chapter.1014

       (B) Division (A) of this section does not apply to the 1015
following:1016

       (1) Aa physician;.1017

       (2)(C) Division (A)(1) of this section does not apply to the 1018
following: 1019

       (1) A person who engages in activities included in the 1020
practice of oriental medicine as part of a training program in 1021
oriental medicine, but only if both of the following conditions 1022
are met: 1023

       (a) The training program is operated by an educational 1024
institution that holds an effective certificate of authorization 1025
issued by the Ohio board of regents under section 1713.02 of the 1026
Revised Code or a school that holds an effective certificate of 1027
registration issued by the state board of career colleges and 1028
schools under section 3332.05 of the Revised Code. 1029

       (b) The person engages in the activities under the general 1030
supervision of an oriental medicine practitioner who holds a 1031
certificate to practice issued under this chapter and is not 1032
practicing within the supervisory period required by section 1033
4762.10 of the Revised Code. 1034

       (2) To the extent that acupuncture is a component of oriental 1035
medicine, an acupuncturist holding a certificate to practice 1036
issued under this chapter. 1037

       (D) Division (A)(2) of this section does not apply to the 1038
following: 1039

       (1) A person who performs acupuncture as part of a training 1040
program in acupuncture, but only if both of the following 1041
conditions are met:1042

       (a) The training program is operated by an educational 1043
institution that holds an effective certificate of authorization 1044
issued by the Ohio board of regents under section 1713.02 of the 1045
Revised Code or a school that holds an effective certificate of 1046
registration issued by the state board of career colleges and 1047
schools under section 3332.05 of the Revised Code.1048

       (b) The person performs the acupuncture under the general 1049
supervision of an acupuncturist who holds a certificate to 1050
practice as an acupuncturist issued under this chapter and is not 1051
practicing within the supervisory period required by section 1052
4762.10 of the Revised Code.1053

       (3)(2) An oriental medicine practitioner holding a 1054
certificate to practice issued under this chapter. 1055

       (3) A chiropractor who holds a certificate to practice 1056
acupuncture issued by the state chiropractic board under section 1057
4734.283 of the Revised Code.1058

       Sec. 4762.03.  (A) An individual seeking a certificate to 1059
practice as an acupuncturistissued under this chapter shall file 1060
with the state medical board a written application on a form 1061
prescribed and supplied by the board. The application shall 1062
include all of the following:1063

       (1) Evidence satisfactory to the board that the applicant is 1064
at least eighteen years of age and of good moral character;1065

       (2) Evidence(a) For an applicant seeking a certificate to 1066
practice as an oriental medicine practitioner, evidence 1067
satisfactory to the board that the applicant holds a current and 1068
active designation from the national certification commission for 1069
acupuncture and oriental medicine as either a diplomate in 1070
oriental medicine or a diplomate of acupuncture and Chinese 1071
herbology; 1072

       (b) For an applicant seeking a certificate to practice as an 1073
acupuncturist, evidence satisfactory to the board that the 1074
applicant has been designated as a diplomate in acupuncture by1075
holds a current and active designation from the national 1076
certification commission for acupuncture and oriental medicine and 1077
that the designation is current and activeas a diplomate in 1078
acupuncture;1079

       (3) Any other information the board requires.1080

       (B) The board shall review all applications received under 1081
this section. The board shall determine whether an applicant meets 1082
the requirements to receive a certificate to practice not later 1083
than sixty days after receiving a complete application. The 1084
affirmative vote of not fewer than six members of the board is 1085
required to determine that an applicant meets the requirements for 1086
a certificate.1087

       (C) At the time of making application for a certificate to 1088
practice, the applicant shall pay the board a fee of one hundred 1089
dollars, no part of which shall be returned.1090

       Sec. 4762.031.  In addition to any other eligibility 1091
requirement set forth in this chapter, each applicant for a 1092
certificate to practice as an acupuncturistissued under this 1093
chapter shall comply with sections 4776.01 to 4776.04 of the 1094
Revised Code. The state medical board shall not grant to an 1095
applicant a certificate to practice as an acupuncturist unless the 1096
board, in its discretion, decides that the results of the criminal 1097
records check do not make the applicant ineligible for a 1098
certificate issued pursuant to section 4762.04 of the Revised 1099
Code.1100

       Sec. 4762.04.  If the state medical board determines under 1101
section 4762.03 of the Revised Code that an applicant meets the 1102
requirements for a certificate to practice as an acupuncturist1103
issued under this chapter, the secretary of the board shall 1104
register the applicant as an oriental medicine practitioner or1105
acupuncturist, as appropriate, and issue to the applicant a 1106
certificate to practice as an acupuncturist. The certificate shall 1107
expire biennially and may be renewed in accordance with section 1108
4762.06 of the Revised Code.1109

       Sec. 4762.05.  Upon application by the holder of a 1110
certificate to practice as an acupuncturistissued under this 1111
chapter, the state medical board shall issue a duplicate 1112
certificate to replace one that is missing or damaged, to reflect 1113
a name change, or for any other reasonable cause. The fee for a 1114
duplicate certificate is thirty-five dollars.1115

       Sec. 4762.06.  (A) A person seeking to renew a certificate to 1116
practice as an acupuncturistissued under this chapter shall, on 1117
or before the thirty-first day of January of each even-numbered 1118
year, apply for renewal of the certificate. The state medical 1119
board shall send renewal notices at least one month prior to the 1120
expiration date.1121

       Applications shall be submitted to the board on forms the 1122
board shall prescribe and supply. Each application shall be 1123
accompanied by a biennial renewal fee of one hundred dollars.1124

       The applicant shall report any criminal offense that 1125
constitutes grounds for refusing to issue a certificate under 1126
section 4762.13 of the Revised Code to which the applicant has 1127
pleaded guilty, of which the applicant has been found guilty, or 1128
for which the applicant has been found eligible for intervention 1129
in lieu of conviction, since last signing an application for a 1130
certificate to practice as an acupuncturistissued under this 1131
chapter.1132

       (B)(1) To be eligible for renewal, an acupuncturist must1133
applicant shall do all of the following: 1134

       (a)(i) For renewal of an oriental medicine certificate, 1135
certify to the board that the oriental medicine practitioner holds 1136
a current and active designation from the national certification 1137
commission for acupuncture and oriental medicine as either a 1138
diplomate in oriental medicine or a diplomate of acupuncture and 1139
Chinese herbology; 1140

       (ii) For renewal of an acupuncture certificate, certify to 1141
the board that the acupuncturist has maintained the 1142
acupuncturist'sholds a current and active designation as a 1143
diplomate in acupuncture byfrom the national certification 1144
commission for acupuncture and oriental medicine as a diplomate in 1145
acupuncture; 1146

       (b) Except as provided in division (B)(2) of this section, 1147
certify to the board that the applicant has successfully completed 1148
one six-hour course in herb and drug interaction approved by the 1149
national certification commission for acupuncture and oriental 1150
medicine in the six years immediately preceding the certificate's 1151
expiration date; 1152

       (c) Except as provided in division (B)(2) of this section and 1153
only for the initial renewal of a certificate to practice, certify 1154
to the board that the applicant has successfully completed one 1155
course on federal food and drug administration dispensary and 1156
compounding guidelines and procedures. 1157

       (2) An acupuncturist who seeks to renew a certificate to 1158
practice on or before January 31, 2012, shall certify to the board 1159
the educational requirements under divisions (B)(1)(b) and (c) of 1160
this section on or before January 31, 2014.1161

       (C) If an applicant submits a complete renewal application 1162
and qualifies for renewal pursuant to division (B) of this 1163
section, the board shall issue to the applicant a renewed 1164
certificate to practice as an acupuncturist.1165

       (D) A certificate to practice that is not renewed on or 1166
before its expiration date is automatically suspended on its 1167
expiration date. If a certificate has been suspended pursuant to 1168
this division for two years or less, the board shall reinstate the 1169
certificate upon an applicant's submission of a renewal 1170
application, the biennial renewal fee, and the applicable monetary 1171
penalty. The penalty for reinstatement is twenty-five dollars. If 1172
a certificate has been suspended pursuant to this division for 1173
more than two years, it may be restored upon an applicant's 1174
submission of a restoration application, the biennial registration 1175
fee, and the applicable monetary penalty and compliance with 1176
sections 4776.01 to 4776.04 of the Revised Code. The board shall 1177
not restore a certificate to practice unless the board, in its 1178
discretion, decides that the results of the criminal records check 1179
do not make the applicant ineligible for a certificate issued 1180
pursuant to section 4762.04 of the Revised Code. The penalty for 1181
restoration is fifty dollars.1182

       Sec. 4762.08. (A) A person who holds a certificate to 1183
practice as an oriental medicine practitioner issued under this 1184
chapter may use the following titles, initials, or abbreviations, 1185
or the equivalent of such titles, initials, or abbreviations, to 1186
identify the person as an oriental medicine practitioner: 1187
"Oriental Medicine Practitioner," "Licensed Oriental Medicine 1188
Practitioner," "L.O.M.," "Diplomate in Oriental Medicine 1189
(NCCAOM)," "Dipl. O.M. (NCCAOM)," "National Board Certified in 1190
Oriental Medicine (NCCAOM)," "Acupuncturist," "Licensed 1191
Acupuncturist," "L.Ac. and L.C.H.," "Diplomate of Acupuncture and 1192
Chinese Herbology (NCCAOM)," "Dipl. Ac. and Dipl. C.H. (NCCAOM)," 1193
or "National Board Certified in Acupuncture and Chinese Herbology 1194
(NCCAOM)." The person shall not use other titles, initials, or 1195
abbreviations in conjunction with the person's practice of 1196
oriental medicine, including the title "doctor." 1197

       (B) A person who holds a certificate to practice as an 1198
acupuncturist issued under this chapter may use the following 1199
titles, initials, or abbreviations, or the equivalent of such 1200
titles, initials, or abbreviations, to identify the person as an 1201
acupuncturist: "Acupuncturist," "Licensed Acupuncturist," "L.Ac.," 1202
"Diplomate ofin Acupuncture (NCCAOM)," "Dipl. Ac. (NCCAOM)," or 1203
"National Board Certified in Acupuncture (NCCAOM)." The person 1204
shall not use other titles, initials, or abbreviations in 1205
conjunction with the person's practice of acupuncture, including 1206
the title "doctor."1207

       Sec. 4762.09.  An oriental medicine practitioner or1208
acupuncturist who holdsholding a certificate to practice issued 1209
under this chapter shall conspicuously display at the 1210
acupuncturist'sindividual's primary place of business both of the 1211
following:1212

       (A) The acupuncturist'sindividual's certificate, as evidence 1213
that the acupuncturistindividual is authorized to practice1214
acupuncture in this state;1215

       (B) A notice specifying that the practice of oriental 1216
medicine or acupuncture, as applicable, under the certificate is 1217
regulated by the state medical board and the address and telephone 1218
number of the board's office.1219

       Sec. 4762.10.  (A) As used in this section, "disciplinary 1220
action" means an action taken by the state medical board pursuant 1221
to section 4762.13 of the Revised Code.1222

       (B) The practice of an oriental medicine practitioner and an1223
acupuncturist is subject to a supervisory period if either of the 1224
following applies:1225

       (1) Except as otherwise provided in division (B)(1) of this 1226
section, if an acupuncturist practicing on the effective date of 1227
this amendmentAugust 22, 2008, has practiced for less than one 1228
year and is not subject to any disciplinary action, supervision 1229
shall be for a period beginning on the effective date of this 1230
amendmentAugust 22, 2008, and ending when the acupuncturist has 1231
practiced for one year from the date the initial certificate was 1232
granted. If the acupuncturist is subject to disciplinary action 1233
during that period, the supervision shall continue until the 1234
acupuncturist has not been subject to any disciplinary action for 1235
one year.1236

       (2) Except as otherwise provided in division (B)(2) of this 1237
section, if an acupuncturista certificate holder is granted an 1238
initial certificate to practice on or after the effective date of 1239
this amendmentsection, as amended by this act, the supervisory 1240
period shall begin on the date the certificate is granted and end 1241
one year thereafter. If the acupuncturistcertificate holder is 1242
subject to disciplinary action during that year, the supervision 1243
shall continue until the acupuncturistcertificate holder has not 1244
been subject to any disciplinary action for one year.1245

       (C) During an acupuncturist'sa certificate holder's1246
supervisory period, both of the following apply to the 1247
acupuncturist'scertificate holder's practice in addition to the 1248
requirements of division (E) of this section:1249

       (1) TheAn oriental medicine practitioner shall perform 1250
oriental medicine or acupuncture for a patient only if the patient 1251
has received a written referral or prescription for oriental 1252
medicine or acupuncture from a physician or for acupuncture from a 1253
chiropractor. An acupuncturist shall perform acupuncture for a 1254
patient only if the patient has received a written referral or 1255
prescription for acupuncture from a physician or chiropractor. As 1256
specified in the referral or prescription, the acupuncturist1257
certificate holder shall provide reports to the physician or 1258
chiropractor on the patient's condition or progress in treatment 1259
and comply with the conditions or restrictions on the 1260
acupuncturist'scertificate holder's course of treatment.1261

       (2) The acupuncturistcertificate holder shall perform 1262
oriental medicine or acupuncture under the general supervision of 1263
the patient's referring or prescribing physician or chiropractor. 1264
General supervision does not require that the acupuncturist1265
certificate holder and physician or chiropractor practice in the 1266
same office.1267

       (D) After an acupuncturist'sa certificate holder's1268
supervisory period has ended, both of the following apply to the 1269
acupuncturist'scertificate holder's practice in addition to the 1270
applicable requirements of division (E) of this section:1271

       (1) Before treating a patient for a particular condition, the 1272
acupuncturistcertificate holder shall confirm whether the patient 1273
has undergone within the past six months a diagnostic examination 1274
that was related to the condition for which the patient is seeking 1275
oriental medicine or acupuncture and was performed by a physician 1276
or chiropractor acting within the physicianphysician's or 1277
chiropractor's scope of practice. Confirmation that the diagnostic 1278
examination was performed may be made by obtaining from the 1279
patient a signed form stating that the patient has undergone the 1280
examination.1281

       (2) If the patient does not provide the signed form specified 1282
in division (D)(1) of this section or the acupuncturist1283
certificate holder otherwise determines that the patient has not 1284
undergone the diagnostic examination specified in that division, 1285
the acupuncturistcertificate holder shall provide to the patient 1286
a written recommendation to undergo a diagnostic examination by a 1287
physician or chiropractor.1288

       (E) In the practice of oriental medicine and acupuncture 1289
pursuant to a certificate to practice issued under this chapter, 1290
all of the following apply:1291

       (1) Prior to treating a patient, the acupuncturist1292
certificate holder shall advise the patient that oriental medicine 1293
or acupuncture, as appropriate, is not a substitute for 1294
conventional medical diagnosis and treatment.1295

       (2) On initially meeting a patient in person, the1296
acupuncturistcertificate holder shall provide in writing the 1297
acupuncturist'scertificate holder's name, business address, and 1298
business telephone number, and information on oriental medicine or1299
acupuncture, as appropriate, including the techniques that are 1300
used.1301

       (3) While treating a patient, the acupuncturistcertificate 1302
holder shall not make a diagnosis. If a patient's condition is not 1303
improving or a patient requires emergency medical treatment, the1304
acupuncturistcertificate holder shall consult promptly with a 1305
physician.1306

        (4) The acupuncturistcertificate holder shall maintain 1307
records for each patient treated. The records shall be 1308
confidential and shall be retained for not less than three years 1309
following termination of treatment.1310

       During an acupuncturist'sa certificate holder's supervisory 1311
period, the acupuncturistcertificate holder shall include in a 1312
patient's records the written referral or prescription pursuant to 1313
which the acupuncturistcertificate holder is treating the 1314
patient.1315

       (5) An individual performing acupuncture pursuant to a 1316
certificate to practice as an acupuncturist, rather than a 1317
certificate to practice oriental medicine, shall not perform 1318
acupuncture with the use of herbal therapy.1319

       (6) An individual who holds a certificate to practice 1320
oriental medicine may administer or dispense, during the use of 1321
herbal therapy, therapeutic herbs that contain ingredients that 1322
are similar or equivalent to active ingredients found in a drug 1323
approved by the federal food and drug administration.1324

       Sec. 4762.11.  All of the following apply to a supervising1325
physician or chiropractor supervising an acupuncturist during the 1326
acupuncturist's supervisory period required by section 4762.10 of 1327
the Revised Code:1328

       (A) Before making the referral or prescription for oriental 1329
medicine or acupuncture, the physician shall perform a medical 1330
diagnostic examination of the patient or review the results of a 1331
medical diagnostic examination recently performed by another 1332
physician, or, in the case of a chiropractor, the chiropractor 1333
shall perform a chiropractic diagnostic examination of the patient 1334
or review the results of a chiropractic diagnostic examination 1335
recently performed by another chiropractor.1336

       (B) The physician or chiropractor shall make the referral or 1337
prescription in writing and specify in the referral or 1338
prescription all of the following:1339

       (1) The physician's or chiropractor's diagnosis of the 1340
ailment or condition that is to be treated by oriental medicine or1341
acupuncture;1342

       (2) A time by which or the intervals at which the oriental 1343
medicine practitioner or acupuncturist holding a certificate to 1344
practice issued under this chapter must provide reports to the 1345
physician or chiropractor regarding the patient's condition or 1346
progress in treatment;1347

       (3) The conditions or restrictions placed in accordance with 1348
division (C) of this section on the acupuncturist'scertificate 1349
holder's course of treatment.1350

       (C) The physician shall place conditions or restrictions on 1351
the acupuncturist'scertificate holder's course of treatment in 1352
compliance with accepted or prevailing standards of medical care, 1353
or, in the case of a chiropractor, the chiropractor shall place 1354
conditions or restrictions on the acupuncturist'scertificate 1355
holder's course of treatment in compliance with accepted or 1356
prevailing standards of chiropractic care.1357

       (D) The physician or chiropractor shall be personally 1358
available for consultation with the acupuncturistcertificate 1359
holder. If the physician or chiropractor is not on the premises at 1360
which oriental medicine or acupuncture is performed, the physician 1361
or chiropractor shall be readily available to the acupuncturist1362
certificate holder through some means of telecommunication and be 1363
in a location that under normal circumstances is not more than 1364
sixty minutes travel time away from the location where the 1365
acupuncturistcertificate holder is practicing.1366

       Sec. 4762.12.  In the case of a patient with a claim under 1367
Chapter 4121. or 4123. of the Revised Code, an acupuncturist'sa1368
supervising physician or chiropractor is eligible to be reimbursed 1369
for referring the patient to an oriental medicine practitioner or1370
acupuncturist or for prescribing oriental medicine or acupuncture 1371
for the patient only if the physician has attained knowledge in 1372
the treatment of patients with oriental medicine or acupuncture,1373
or the chiropractor has attained knowledge in the treatment of 1374
patients with acupuncture, as demonstrated by successful 1375
completion of a relevant course of study in acupuncture1376
administered by a college of medicine, osteopathic medicine, 1377
podiatric medicine, or chiropractic acceptable to the bureau of 1378
workers' compensation or administered by another entity acceptable 1379
to the bureau.1380

       Sec. 4762.13.  (A) The state medical board, by an affirmative 1381
vote of not fewer than six members, may revoke or may refuse to 1382
grant a certificate to practice as an oriental medicine 1383
practitioner or as an acupuncturist to a person found by the board 1384
to have committed fraud, misrepresentation, or deception in 1385
applying for or securing the certificate.1386

       (B) The board, by an affirmative vote of not fewer than six 1387
members, shall, to the extent permitted by law, limit, revoke, or 1388
suspend an individual's certificate to practice as an 1389
acupuncturist, refuse to issue a certificate to an applicant, 1390
refuse to reinstate a certificate, or reprimand or place on 1391
probation the holder of a certificate for any of the following 1392
reasons:1393

       (1) Permitting the holder's name or certificate to be used by 1394
another person;1395

       (2) Failure to comply with the requirements of this chapter, 1396
Chapter 4731. of the Revised Code, or any rules adopted by the 1397
board;1398

       (3) Violating or attempting to violate, directly or 1399
indirectly, or assisting in or abetting the violation of, or 1400
conspiring to violate, any provision of this chapter, Chapter 1401
4731. of the Revised Code, or the rules adopted by the board;1402

       (4)(a) A departure from, or failure to conform to, minimal 1403
standards of care of similar practitioners under the same or 1404
similar circumstances whether or not actual injury to the patient 1405
is established;1406

       (b) Failure to use herbal therapy in accordance with 1407
traditional or modern oriental medical theory and certification 1408
standards established by the national certification commission for 1409
acupuncture and oriental medicine;1410

       (5) Inability to practice according to acceptable and 1411
prevailing standards of care by reason of mental illness or 1412
physical illness, including physical deterioration that adversely 1413
affects cognitive, motor, or perceptive skills;1414

       (6) Impairment of ability to practice according to acceptable 1415
and prevailing standards of care because of habitual or excessive 1416
use or abuse of drugs, alcohol, or other substances that impair 1417
ability to practice;1418

       (7) Willfully betraying a professional confidence;1419

       (8) Making a false, fraudulent, deceptive, or misleading 1420
statement in soliciting or advertising for patients or in securing 1421
or attempting to secure a certificate to practice as an 1422
acupuncturist.1423

       As used in this division, "false, fraudulent, deceptive, or 1424
misleading statement" means a statement that includes a 1425
misrepresentation of fact, is likely to mislead or deceive because 1426
of a failure to disclose material facts, is intended or is likely 1427
to create false or unjustified expectations of favorable results, 1428
or includes representations or implications that in reasonable 1429
probability will cause an ordinarily prudent person to 1430
misunderstand or be deceived.1431

       (9) Representing, with the purpose of obtaining compensation 1432
or other advantage personally or for any other person, that an 1433
incurable disease or injury, or other incurable condition, can be 1434
permanently cured;1435

       (10) The obtaining of, or attempting to obtain, money or a 1436
thing of value by fraudulent misrepresentations in the course of 1437
practice;1438

       (11) A plea of guilty to, a judicial finding of guilt of, or 1439
a judicial finding of eligibility for intervention in lieu of 1440
conviction for, a felony;1441

       (12) Commission of an act that constitutes a felony in this 1442
state, regardless of the jurisdiction in which the act was 1443
committed;1444

       (13) A plea of guilty to, a judicial finding of guilt of, or 1445
a judicial finding of eligibility for intervention in lieu of 1446
conviction for, a misdemeanor committed in the course of practice;1447

       (14) A plea of guilty to, a judicial finding of guilt of, or 1448
a judicial finding of eligibility for intervention in lieu of 1449
conviction for, a misdemeanor involving moral turpitude;1450

       (15) Commission of an act in the course of practice that 1451
constitutes a misdemeanor in this state, regardless of the 1452
jurisdiction in which the act was committed;1453

       (16) Commission of an act involving moral turpitude that 1454
constitutes a misdemeanor in this state, regardless of the 1455
jurisdiction in which the act was committed;1456

       (17) A plea of guilty to, a judicial finding of guilt of, or 1457
a judicial finding of eligibility for intervention in lieu of 1458
conviction for violating any state or federal law regulating the 1459
possession, distribution, or use of any drug, including 1460
trafficking in drugs;1461

       (18) Any of the following actions taken by the state agency 1462
responsible for regulating the practice of oriental medicine or1463
acupuncture in another jurisdiction, for any reason other than the 1464
nonpayment of fees: the limitation, revocation, or suspension of 1465
an individual's license to practice; acceptance of an individual's 1466
license surrender; denial of a license; refusal to renew or 1467
reinstate a license; imposition of probation; or issuance of an 1468
order of censure or other reprimand;1469

       (19) Violation of the conditions placed by the board on a 1470
certificate to practice as an acupuncturist;1471

       (20) Failure to use universal blood and body fluid 1472
precautions established by rules adopted under section 4731.051 of 1473
the Revised Code;1474

       (21) Failure to cooperate in an investigation conducted by 1475
the board under section 4762.14 of the Revised Code, including 1476
failure to comply with a subpoena or order issued by the board or 1477
failure to answer truthfully a question presented by the board at 1478
a deposition or in written interrogatories, except that failure to 1479
cooperate with an investigation shall not constitute grounds for 1480
discipline under this section if a court of competent jurisdiction 1481
has issued an order that either quashes a subpoena or permits the 1482
individual to withhold the testimony or evidence in issue;1483

       (22) FailureExcept when action is taken under division (C) 1484
of this section, failure to comply with the standards of the 1485
national certification commission for acupuncture and oriental 1486
medicine regarding professional ethics, commitment to patients, 1487
commitment to the profession, and commitment to the public;1488

       (23) Failure to have adequate professional liability 1489
insurance coverage in accordance with section 4762.22 of the 1490
Revised Code.1491

       (C) The board, by an affirmative vote of not fewer than six 1492
members, shall, to the extent permitted by law, permanently revoke 1493
a certificate to practice issued under this chapter if the 1494
certificate holder's designation as a diplomate in oriental 1495
medicine, diplomate of acupuncture and Chinese herbology, or 1496
diplomate in acupuncture, has been revoked by the national 1497
certification commission for acupuncture and oriental medicine for 1498
a violation of professional ethics. 1499

       The board, by an affirmative vote of not fewer than six 1500
members, may revoke a certificate to practice oriental medicine if 1501
the board determines a professional ethics violation exists but 1502
the violation is not covered by the national certification 1503
commission for acupuncture and oriental medicine standards for 1504
professional ethics. If the board takes this action, the board may 1505
determine whether the individual who is subject to the revocation 1506
is eligible to apply for a certificate to practice acupuncture. 1507

       (D) Disciplinary actions taken by the board under divisions 1508
(A) and, (B), and (C) of this section shall be taken pursuant to 1509
an adjudication under Chapter 119. of the Revised Code, except 1510
that in lieu of an adjudication, the board may enter into a 1511
consent agreement with an acupuncturista certificate holder or 1512
applicant to resolve an allegation of a violation of this chapter 1513
or any rule adopted under it. A consent agreement, when ratified 1514
by an affirmative vote of not fewer than six members of the board, 1515
shall constitute the findings and order of the board with respect 1516
to the matter addressed in the agreement. If the board refuses to 1517
ratify a consent agreement, the admissions and findings contained 1518
in the consent agreement shall be of no force or effect.1519

       (D)(E) For purposes of divisions (B)(12), (15), and (16) of 1520
this section, the commission of the act may be established by a 1521
finding by the board, pursuant to an adjudication under Chapter 1522
119. of the Revised Code, that the applicant or certificate holder 1523
committed the act in question. The board shall have no 1524
jurisdiction under these divisions in cases where the trial court 1525
renders a final judgment in the certificate holder's favor and 1526
that judgment is based upon an adjudication on the merits. The 1527
board shall have jurisdiction under these divisions in cases where 1528
the trial court issues an order of dismissal upon technical or 1529
procedural grounds.1530

       (E)(F) The sealing of conviction records by any court shall 1531
have no effect upon a prior board order entered under the 1532
provisions of this section or upon the board's jurisdiction to 1533
take action under the provisions of this section if, based upon a 1534
plea of guilty, a judicial finding of guilt, or a judicial finding 1535
of eligibility for intervention in lieu of conviction, the board 1536
issued a notice of opportunity for a hearing prior to the court's 1537
order to seal the records. The board shall not be required to 1538
seal, destroy, redact, or otherwise modify its records to reflect 1539
the court's sealing of conviction records.1540

       (F)(G) For purposes of this division, any individual who 1541
holds a certificate to practice issued under this chapter, or 1542
applies for a certificate to practice, shall be deemed to have 1543
given consent to submit to a mental or physical examination when 1544
directed to do so in writing by the board and to have waived all 1545
objections to the admissibility of testimony or examination 1546
reports that constitute a privileged communication.1547

       (1) In enforcing division (B)(5) of this section, the board, 1548
upon a showing of a possible violation, may compel any individual 1549
who holds a certificate to practice issued under this chapter or 1550
who has applied for a certificate pursuant to this chapter to 1551
submit to a mental examination, physical examination, including an 1552
HIV test, or both a mental and physical examination. The expense 1553
of the examination is the responsibility of the individual 1554
compelled to be examined. Failure to submit to a mental or 1555
physical examination or consent to an HIV test ordered by the 1556
board constitutes an admission of the allegations against the 1557
individual unless the failure is due to circumstances beyond the 1558
individual's control, and a default and final order may be entered 1559
without the taking of testimony or presentation of evidence. If 1560
the board finds an acupuncturista certificate holder unable to 1561
practice because of the reasons set forth in division (B)(5) of 1562
this section, the board shall require the acupuncturist1563
certificate holder to submit to care, counseling, or treatment by 1564
physicians approved or designated by the board, as a condition for 1565
an initial, continued, reinstated, or renewed certificate to 1566
practice. An individual affected by this division shall be 1567
afforded an opportunity to demonstrate to the board the ability to 1568
resume practicing in compliance with acceptable and prevailing 1569
standards of care.1570

       (2) For purposes of division (B)(6) of this section, if the 1571
board has reason to believe that any individual who holds a 1572
certificate to practice issued under this chapter or any applicant 1573
for a certificate suffers such impairment, the board may compel 1574
the individual to submit to a mental or physical examination, or 1575
both. The expense of the examination is the responsibility of the 1576
individual compelled to be examined. Any mental or physical 1577
examination required under this division shall be undertaken by a 1578
treatment provider or physician qualified to conduct such 1579
examination and chosen by the board.1580

       Failure to submit to a mental or physical examination ordered 1581
by the board constitutes an admission of the allegations against 1582
the individual unless the failure is due to circumstances beyond 1583
the individual's control, and a default and final order may be 1584
entered without the taking of testimony or presentation of 1585
evidence. If the board determines that the individual's ability to 1586
practice is impaired, the board shall suspend the individual's 1587
certificate or deny the individual's application and shall require 1588
the individual, as a condition for an initial, continued, 1589
reinstated, or renewed certificate, to submit to treatment.1590

       Before being eligible to apply for reinstatement of a 1591
certificate suspended under this division, the acupuncturist1592
certificate holder shall demonstrate to the board the ability to 1593
resume practice in compliance with acceptable and prevailing 1594
standards of care. The demonstration shall include the following:1595

       (a) Certification from a treatment provider approved under 1596
section 4731.25 of the Revised Code that the individual has 1597
successfully completed any required inpatient treatment;1598

       (b) Evidence of continuing full compliance with an aftercare 1599
contract or consent agreement;1600

       (c) Two written reports indicating that the individual's 1601
ability to practice has been assessed and that the individual has 1602
been found capable of practicing according to acceptable and 1603
prevailing standards of care. The reports shall be made by 1604
individuals or providers approved by the board for making such 1605
assessments and shall describe the basis for their determination.1606

       The board may reinstate a certificate suspended under this 1607
division after such demonstration and after the individual has 1608
entered into a written consent agreement.1609

       When the impaired acupuncturistcertificate holder resumes 1610
practice, the board shall require continued monitoring of the 1611
acupuncturistcertificate holder. The monitoring shall include 1612
monitoring of compliance with the written consent agreement 1613
entered into before reinstatement or with conditions imposed by 1614
board order after a hearing, and, upon termination of the consent 1615
agreement, submission to the board for at least two years of 1616
annual written progress reports made under penalty of 1617
falsification stating whether the acupuncturistcertificate holder1618
has maintained sobriety.1619

       (G)(H) If the secretary and supervising member determine that 1620
there is clear and convincing evidence that an acupuncturista 1621
certificate holder has violated divisiondivisions (B) or (C) of 1622
this section and that the individual's continued practice presents 1623
a danger of immediate and serious harm to the public, they may 1624
recommend that the board suspend the individual's certificate to 1625
practice without a prior hearing. Written allegations shall be 1626
prepared for consideration by the board.1627

       The board, upon review of the allegations and by an 1628
affirmative vote of not fewer than six of its members, excluding 1629
the secretary and supervising member, may suspend a certificate 1630
without a prior hearing. A telephone conference call may be 1631
utilized for reviewing the allegations and taking the vote on the 1632
summary suspension.1633

       The board shall issue a written order of suspension by 1634
certified mail or in person in accordance with section 119.07 of 1635
the Revised Code. The order shall not be subject to suspension by 1636
the court during pendency of any appeal filed under section 119.12 1637
of the Revised Code. If the acupuncturistcertificate holder1638
requests an adjudicatory hearing by the board, the date set for 1639
the hearing shall be within fifteen days, but not earlier than 1640
seven days, after the acupuncturistcertificate holder requests 1641
the hearing, unless otherwise agreed to by both the board and the 1642
certificate holder.1643

       A summary suspension imposed under this division shall remain 1644
in effect, unless reversed on appeal, until a final adjudicative 1645
order issued by the board pursuant to this section and Chapter 1646
119. of the Revised Code becomes effective. The board shall issue 1647
its final adjudicative order within sixty days after completion of 1648
its hearing. Failure to issue the order within sixty days shall 1649
result in dissolution of the summary suspension order, but shall 1650
not invalidate any subsequent, final adjudicative order.1651

       (H)(I) If the board takes action under division (B)(11), 1652
(13), or (14) of this section, and the judicial finding of guilt, 1653
guilty plea, or judicial finding of eligibility for intervention 1654
in lieu of conviction is overturned on appeal, upon exhaustion of 1655
the criminal appeal, a petition for reconsideration of the order 1656
may be filed with the board along with appropriate court 1657
documents. Upon receipt of a petition and supporting court 1658
documents, the board shall reinstate the certificate to practice. 1659
The board may then hold an adjudication under Chapter 119. of the 1660
Revised Code to determine whether the individual committed the act 1661
in question. Notice of opportunity for hearing shall be given in 1662
accordance with Chapter 119. of the Revised Code. If the board 1663
finds, pursuant to an adjudication held under this division, that 1664
the individual committed the act, or if no hearing is requested, 1665
it may order any of the sanctions specified in division (B) of 1666
this section.1667

       (I)(J) The certificate to practice of an oriental medicine 1668
practitioner or acupuncturist and the practitioner's or1669
acupuncturist's practice in this state are automatically suspended 1670
as of the date the practitioner or acupuncturist pleads guilty to, 1671
is found by a judge or jury to be guilty of, or is subject to a 1672
judicial finding of eligibility for intervention in lieu of 1673
conviction in this state or treatment or intervention in lieu of 1674
conviction in another jurisdiction for any of the following 1675
criminal offenses in this state or a substantially equivalent 1676
criminal offense in another jurisdiction: aggravated murder, 1677
murder, voluntary manslaughter, felonious assault, kidnapping, 1678
rape, sexual battery, gross sexual imposition, aggravated arson, 1679
aggravated robbery, or aggravated burglary. Continued practice 1680
after the suspension shall be considered practicing without a 1681
certificate.1682

       The board shall notify the individual subject to the 1683
suspension by certified mail or in person in accordance with 1684
section 119.07 of the Revised Code. If an individual whose 1685
certificate is suspended under this division fails to make a 1686
timely request for an adjudication under Chapter 119. of the 1687
Revised Code, the board shall enter a final order permanently 1688
revoking the individual's certificate to practice.1689

       (J)(K) In any instance in which the board is required by 1690
Chapter 119. of the Revised Code to give notice of opportunity for 1691
hearing and the individual subject to the notice does not timely 1692
request a hearing in accordance with section 119.07 of the Revised 1693
Code, the board is not required to hold a hearing, but may adopt, 1694
by an affirmative vote of not fewer than six of its members, a 1695
final order that contains the board's findings. In the final 1696
order, the board may order any of the sanctions identified under 1697
division (A) or, (B), or (C) of this section.1698

       (K)(L) Any action taken by the board under division (B) of 1699
this section resulting in a suspension shall be accompanied by a 1700
written statement of the conditions under which the 1701
acupuncturist's certificate to practice may be reinstated. The 1702
board shall adopt rules in accordance with Chapter 119. of the 1703
Revised Code governing conditions to be imposed for reinstatement. 1704
Reinstatement of a certificate suspended pursuant to division (B) 1705
of this section requires an affirmative vote of not fewer than six 1706
members of the board.1707

       (L)(M) When the board refuses to grant a certificate to 1708
practice as an acupuncturist to an applicant, revokes an 1709
individual's certificate, refuses to renew a certificate, or 1710
refuses to reinstate an individual's certificate, the board may 1711
specify that its action is permanent. An individual subject to a 1712
permanent action taken by the board is forever thereafter 1713
ineligible to hold a certificate to practice as an acupuncturist1714
issued under this chapter and the board shall not accept an 1715
application for reinstatement of the certificate or for issuance 1716
of a new certificate.1717

       (M)(N) Notwithstanding any other provision of the Revised 1718
Code, all of the following apply:1719

       (1) The surrender of a certificate to practice as an 1720
acupuncturist issued under this chapter is not effective unless or 1721
until accepted by the board. Reinstatement of a certificate 1722
surrendered to the board requires an affirmative vote of not fewer 1723
than six members of the board.1724

       (2) An application made under this chapter for a certificate 1725
may not be withdrawn without approval of the board.1726

       (3) Failure by an individual to renew a certificate in 1727
accordance with section 4762.06 of the Revised Code shall not 1728
remove or limit the board's jurisdiction to take disciplinary 1729
action under this section against the individual.1730

       Sec. 4762.131.  On receipt of a notice pursuant to section 1731
2301.3733123.43 of the Revised Code, the state medical board 1732
shall comply with that sectionsections 3123.41 to 3123.50 of the 1733
Revised Code and any applicable rules adopted under section 1734
3123.63 of the Revised Code with respect to a certificate to 1735
practice as an acupuncturist issued pursuant to this chapter.1736

       Sec. 4762.132.  If the state medical board has reason to 1737
believe that any person who has been granted under this chapter a 1738
certificate to practice as an acupuncturist is mentally ill or 1739
mentally incompetent, it may file in the probate court of the 1740
county in which the person has a legal residence an affidavit in 1741
the form prescribed in section 5122.11 of the Revised Code and 1742
signed by the board secretary or a member of the board secretary's 1743
staff, whereupon the same proceedings shall be had as provided in 1744
Chapter 5122. of the Revised Code. The attorney general may 1745
represent the board in any proceeding commenced under this 1746
section.1747

       If any person who has been granted a certificate is adjudged 1748
by a probate court to be mentally ill or mentally incompetent, the 1749
person's certificate shall be automatically suspended until the 1750
person has filed with the state medical board a certified copy of 1751
an adjudication by a probate court of the person's subsequent 1752
restoration to competency or has submitted to the board proof, 1753
satisfactory to the board, that the person has been discharged as 1754
having a restoration to competency in the manner and form provided 1755
in section 5122.38 of the Revised Code. The judge of the probate 1756
court shall forthwith notify the state medical board of an 1757
adjudication of mental illness or mental incompetence, and shall 1758
note any suspension of a certificate in the margin of the court's 1759
record of such certificate.1760

       Sec. 4762.14.  (A) The state medical board shall investigate 1761
evidence that appears to show that any person has violated this 1762
chapter or the rules adopted under it. Any person may report to 1763
the board in a signed writing any information the person has that 1764
appears to show a violation of any provision of this chapter or 1765
the rules adopted under it. In the absence of bad faith, a person 1766
who reports such information or testifies before the board in an 1767
adjudication conducted under Chapter 119. of the Revised Code 1768
shall not be liable for civil damages as a result of reporting the 1769
information or providing testimony. Each complaint or allegation 1770
of a violation received by the board shall be assigned a case 1771
number and be recorded by the board.1772

       (B) Investigations of alleged violations of this chapter or 1773
rules adopted under it shall be supervised by the supervising 1774
member elected by the board in accordance with section 4731.02 of 1775
the Revised Code and by the secretary as provided in section 1776
4762.15 of the Revised Code. The board's president may designate 1777
another member of the board to supervise the investigation in 1778
place of the supervising member. A member of the board who 1779
supervises the investigation of a case shall not participate in 1780
further adjudication of the case.1781

       (C) In investigating a possible violation of this chapter or 1782
the rules adopted under it, the board may administer oaths, order 1783
the taking of depositions, issue subpoenas, and compel the 1784
attendance of witnesses and production of books, accounts, papers, 1785
records, documents, and testimony, except that a subpoena for 1786
patient record information shall not be issued without 1787
consultation with the attorney general's office and approval of 1788
the secretary and supervising member of the board. Before issuance 1789
of a subpoena for patient record information, the secretary and 1790
supervising member shall determine whether there is probable cause 1791
to believe that the complaint filed alleges a violation of this 1792
chapter or the rules adopted under it and that the records sought 1793
are relevant to the alleged violation and material to the 1794
investigation. The subpoena may apply only to records that cover a 1795
reasonable period of time surrounding the alleged violation.1796

       On failure to comply with any subpoena issued by the board 1797
and after reasonable notice to the person being subpoenaed, the 1798
board may move for an order compelling the production of persons 1799
or records pursuant to the Rules of Civil Procedure.1800

       A subpoena issued by the board may be served by a sheriff, 1801
the sheriff's deputy, or a board employee designated by the board. 1802
Service of a subpoena issued by the board may be made by 1803
delivering a copy of the subpoena to the person named therein, 1804
reading it to the person, or leaving it at the person's usual 1805
place of residence. When the person being served is an oriental 1806
medicine practitioner or acupuncturist, service of the subpoena 1807
may be made by certified mail, restricted delivery, return receipt 1808
requested, and the subpoena shall be deemed served on the date 1809
delivery is made or the date the person refuses to accept 1810
delivery.1811

       A sheriff's deputy who serves a subpoena shall receive the 1812
same fees as a sheriff. Each witness who appears before the board 1813
in obedience to a subpoena shall receive the fees and mileage 1814
provided for under section 119.094 of the Revised Code.1815

       (D) All hearings and investigations of the board shall be 1816
considered civil actions for the purposes of section 2305.252 of 1817
the Revised Code.1818

       (E) Information received by the board pursuant to an 1819
investigation is confidential and not subject to discovery in any 1820
civil action.1821

       The board shall conduct all investigations and proceedings in 1822
a manner that protects the confidentiality of patients and persons 1823
who file complaints with the board. The board shall not make 1824
public the names or any other identifying information about 1825
patients or complainants unless proper consent is given.1826

       The board may share any information it receives pursuant to 1827
an investigation, including patient records and patient record 1828
information, with law enforcement agencies, other licensing 1829
boards, and other governmental agencies that are prosecuting, 1830
adjudicating, or investigating alleged violations of statutes or 1831
administrative rules. An agency or board that receives the 1832
information shall comply with the same requirements regarding 1833
confidentiality as those with which the state medical board must 1834
comply, notwithstanding any conflicting provision of the Revised 1835
Code or procedure of the agency or board that applies when it is 1836
dealing with other information in its possession. In a judicial 1837
proceeding, the information may be admitted into evidence only in 1838
accordance with the Rules of Evidence, but the court shall require 1839
that appropriate measures are taken to ensure that confidentiality 1840
is maintained with respect to any part of the information that 1841
contains names or other identifying information about patients or 1842
complainants whose confidentiality was protected by the state 1843
medical board when the information was in the board's possession. 1844
Measures to ensure confidentiality that may be taken by the court 1845
include sealing its records or deleting specific information from 1846
its records.1847

       (F) The state medical board shall develop requirements for 1848
and provide appropriate initial training and continuing education 1849
for investigators employed by the board to carry out its duties 1850
under this chapter. The training and continuing education may 1851
include enrollment in courses operated or approved by the Ohio 1852
peace officer training council that the board considers 1853
appropriate under conditions set forth in section 109.79 of the 1854
Revised Code.1855

       (G) On a quarterly basis, the board shall prepare a report 1856
that documents the disposition of all cases during the preceding 1857
three months. The report shall contain the following information 1858
for each case with which the board has completed its activities:1859

       (1) The case number assigned to the complaint or alleged 1860
violation;1861

       (2) The type of certificate to practice, if any, held by the 1862
individual against whom the complaint is directed;1863

       (3) A description of the allegations contained in the 1864
complaint;1865

       (4) The disposition of the case.1866

       The report shall state how many cases are still pending, and 1867
shall be prepared in a manner that protects the identity of each 1868
person involved in each case. The report is a public record for 1869
purposes of section 149.43 of the Revised Code.1870

       Sec. 4762.15.  (A) As used in this section, "prosecutor" has 1871
the same meaning as in section 2935.01 of the Revised Code.1872

       (B) Whenever any person holding a valid certificate to 1873
practice as an acupuncturist issued pursuant to this chapter 1874
pleads guilty to, is subject to a judicial finding of guilt of, or 1875
is subject to a judicial finding of eligibility for intervention 1876
in lieu of conviction for a violation of Chapter 2907., 2925., or 1877
3719. of the Revised Code or of any substantively comparable 1878
ordinance of a municipal corporation in connection with the 1879
person's practice, the prosecutor in the case, on forms prescribed 1880
and provided by the state medical board, shall promptly notify the 1881
board of the conviction. Within thirty days of receipt of that 1882
information, the board shall initiate action in accordance with 1883
Chapter 119. of the Revised Code to determine whether to suspend 1884
or revoke the certificate under section 4762.13 of the Revised 1885
Code.1886

       (C) The prosecutor in any case against any person holding a 1887
valid certificate to practice issued pursuant to this chapter, on 1888
forms prescribed and provided by the state medical board, shall 1889
notify the board of any of the following:1890

       (1) A plea of guilty to, a finding of guilt by a jury or 1891
court of, or judicial finding of eligibility for intervention in 1892
lieu of conviction for a felony, or a case in which the trial 1893
court issues an order of dismissal upon technical or procedural 1894
grounds of a felony charge;1895

       (2) A plea of guilty to, a finding of guilt by a jury or 1896
court of, or judicial finding of eligibility for intervention in 1897
lieu of conviction for a misdemeanor committed in the course of 1898
practice, or a case in which the trial court issues an order of 1899
dismissal upon technical or procedural grounds of a charge of a 1900
misdemeanor, if the alleged act was committed in the course of 1901
practice;1902

       (3) A plea of guilty to, a finding of guilt by a jury or 1903
court of, or judicial finding of eligibility for intervention in 1904
lieu of conviction for a misdemeanor involving moral turpitude, or 1905
a case in which the trial court issues an order of dismissal upon 1906
technical or procedural grounds of a charge of a misdemeanor 1907
involving moral turpitude.1908

       The report shall include the name and address of the 1909
certificate holder, the nature of the offense for which the action 1910
was taken, and the certified court documents recording the action.1911

       Sec. 4762.16.  (A) Within sixty days after the imposition of 1912
any formal disciplinary action taken by any health care facility, 1913
including a hospital, health care facility operated by a health 1914
insuring corporation, ambulatory surgical center, or similar 1915
facility, against any individual holding a valid certificate to 1916
practice as an acupuncturistissued pursuant to this chapter, the 1917
chief administrator or executive officer of the facility shall 1918
report to the state medical board the name of the individual, the 1919
action taken by the facility, and a summary of the underlying 1920
facts leading to the action taken. Upon request, the board shall 1921
be provided certified copies of the patient records that were the 1922
basis for the facility's action. Prior to release to the board, 1923
the summary shall be approved by the peer review committee that 1924
reviewed the case or by the governing board of the facility.1925

       The filing of a report with the board or decision not to file 1926
a report, investigation by the board, or any disciplinary action 1927
taken by the board, does not preclude a health care facility from 1928
taking disciplinary action against an acupuncturista certificate 1929
holder.1930

       In the absence of fraud or bad faith, no individual or entity 1931
that provides patient records to the board shall be liable in 1932
damages to any person as a result of providing the records.1933

       (B) An oriental medicine practitioner or acupuncturist, 1934
professional association or society of oriental medicine 1935
practitioners or acupuncturists, physician, or professional 1936
association or society of physicians that believes a violation of 1937
any provision of this chapter, Chapter 4731. of the Revised Code, 1938
or rule of the board has occurred shall report to the board the 1939
information upon which the belief is based. This division does not 1940
require any treatment provider approved by the board under section 1941
4731.25 of the Revised Code or any employee, agent, or 1942
representative of such a provider to make reports with respect to 1943
an acupuncturista certificate holder participating in treatment 1944
or aftercare for substance abuse as long as the acupuncturist1945
certificate holder maintains participation in accordance with the 1946
requirements of section 4731.25 of the Revised Code and the 1947
treatment provider or employee, agent, or representative of the 1948
provider has no reason to believe that the acupuncturist1949
certificate holder has violated any provision of this chapter or 1950
rule adopted under it, other than being impaired by alcohol, 1951
drugs, or other substances. This division does not require 1952
reporting by any member of an impaired practitioner committee 1953
established by a health care facility or by any representative or 1954
agent of a committee or program sponsored by a professional 1955
association or society of oriental medicine practitioners or1956
acupuncturists to provide peer assistance to oriental medicine 1957
practitioners or acupuncturists with substance abuse problems with 1958
respect to an acupuncturista certificate holder who has been 1959
referred for examination to a treatment program approved by the 1960
board under section 4731.25 of the Revised Code if the1961
acupuncturistcertificate holder cooperates with the referral for 1962
examination and with any determination that the acupuncturist1963
certificate holder should enter treatment and as long as the 1964
committee member, representative, or agent has no reason to 1965
believe that the acupuncturistcertificate holder has ceased to 1966
participate in the treatment program in accordance with section 1967
4731.25 of the Revised Code or has violated any provision of this 1968
chapter or rule adopted under it, other than being impaired by 1969
alcohol, drugs, or other substances.1970

       (C) Any professional association or society composed 1971
primarily of oriental medicine practitioners or acupuncturists 1972
that suspends or revokes an individual's membership for violations 1973
of professional ethics, or for reasons of professional 1974
incompetence or professional malpractice, within sixty days after 1975
a final decision, shall report to the board, on forms prescribed 1976
and provided by the board, the name of the individual, the action 1977
taken by the professional organization, and a summary of the 1978
underlying facts leading to the action taken.1979

       The filing of a report with the board or decision not to file 1980
a report, investigation by the board, or any disciplinary action 1981
taken by the board, does not preclude a professional organization 1982
from taking disciplinary action against an acupuncturist1983
individual.1984

       (D) Any insurer providing professional liability insurance to 1985
any person holding a valid certificate to practice as an 1986
acupuncturistissued pursuant to this chapter or any other entity 1987
that seeks to indemnify the professional liability of an 1988
acupuncturista certificate holder shall notify the board within 1989
thirty days after the final disposition of any written claim for 1990
damages where such disposition results in a payment exceeding 1991
twenty-five thousand dollars. The notice shall contain the 1992
following information:1993

       (1) The name and address of the person submitting the 1994
notification;1995

       (2) The name and address of the insured who is the subject of 1996
the claim;1997

       (3) The name of the person filing the written claim;1998

       (4) The date of final disposition;1999

       (5) If applicable, the identity of the court in which the 2000
final disposition of the claim took place.2001

       (E) The board may investigate possible violations of this 2002
chapter or the rules adopted under it that are brought to its 2003
attention as a result of the reporting requirements of this 2004
section, except that the board shall conduct an investigation if a 2005
possible violation involves repeated malpractice. As used in this 2006
division, "repeated malpractice" means three or more claims for 2007
malpractice within the previous five-year period, each resulting 2008
in a judgment or settlement in excess of twenty-five thousand 2009
dollars in favor of the claimant, and each involving negligent 2010
conduct by the acupuncturista certificate holder.2011

       (F) All summaries, reports, and records received and 2012
maintained by the board pursuant to this section shall be held in 2013
confidence and shall not be subject to discovery or introduction 2014
in evidence in any federal or state civil action involving an 2015
acupuncturista certificate holder, supervising physician, or 2016
health care facility arising out of matters that are the subject 2017
of the reporting required by this section. The board may use the 2018
information obtained only as the basis for an investigation, as 2019
evidence in a disciplinary hearing against an acupuncturista 2020
certificate holder or supervising physician, or in any subsequent 2021
trial or appeal of a board action or order.2022

       The board may disclose the summaries and reports it receives 2023
under this section only to health care facility committees within 2024
or outside this state that are involved in credentialing or 2025
recredentialing an oriental medicine practitioner or acupuncturist 2026
or supervising physician or reviewing their privilege to practice 2027
within a particular facility. The board shall indicate whether or 2028
not the information has been verified. Information transmitted by 2029
the board shall be subject to the same confidentiality provisions 2030
as when maintained by the board.2031

       (G) Except for reports filed by an individual pursuant to 2032
division (B) of this section, the board shall send a copy of any 2033
reports or summaries it receives pursuant to this section to the 2034
acupuncturistcertificate holder. The acupuncturistcertificate 2035
holder shall have the right to file a statement with the board 2036
concerning the correctness or relevance of the information. The 2037
statement shall at all times accompany that part of the record in 2038
contention.2039

       (H) An individual or entity that reports to the board or 2040
refers an impaired acupuncturistcertificate holder to a treatment 2041
provider approved by the board under section 4731.25 of the 2042
Revised Code shall not be subject to suit for civil damages as a 2043
result of the report, referral, or provision of the information.2044

       (I) In the absence of fraud or bad faith, a professional 2045
association or society of oriental medicine practitioners or2046
acupuncturists that sponsors a committee or program to provide 2047
peer assistance to an oriental medicine practitioner or2048
acupuncturist with substance abuse problems, a representative or 2049
agent of such a committee or program, and a member of the state 2050
medical board shall not be held liable in damages to any person by 2051
reason of actions taken to refer an acupuncturista certificate 2052
holder to a treatment provider approved under section 4731.25 of 2053
the Revised Code for examination or treatment.2054

       Sec. 4762.17.  The secretary of the state medical board shall 2055
enforce the laws relating to the practice of oriental medicine and2056
acupuncture. If the secretary has knowledge or notice of a 2057
violation of this chapter or the rules adopted under it, the 2058
secretary shall investigate the matter, and, upon probable cause 2059
appearing, file a complaint and prosecute the offender. When 2060
requested by the secretary, the prosecuting attorney of the proper 2061
county shall take charge of and conduct the prosecution.2062

       Sec. 4762.18.  (A) Subject to division (E) of this section, 2063
the attorney general, the prosecuting attorney of any county in 2064
which the offense was committed or the offender resides, the state 2065
medical board, or any other person having knowledge of a person 2066
engaged either directly or by complicity in the practice of 2067
oriental medicine or acupuncture without having first obtained a 2068
certificate to do so pursuant to this chapter, may, in accord with 2069
provisions of the Revised Code governing injunctions, maintain an 2070
action in the name of the state to enjoin any person from engaging 2071
either directly or by complicity in the unlawful practice of 2072
oriental medicine or acupuncture by applying for an injunction in 2073
any court of competent jurisdiction.2074

       (B) Prior to application for an injunction under division (A) 2075
of this section, the secretary of the state medical board shall 2076
notify the person allegedly engaged either directly or by 2077
complicity in the unlawful practice of oriental medicine or2078
acupuncture by registered mail that the secretary has received 2079
information indicating that this person is so engaged. The person 2080
shall answer the secretary within thirty days showing that the 2081
person is either properly licensed for the stated activity or that 2082
the person is not in violation of this chapter. If the answer is 2083
not forthcoming within thirty days after notice by the secretary, 2084
the secretary shall request that the attorney general, the 2085
prosecuting attorney of the county in which the offense was 2086
committed or the offender resides, or the state medical board 2087
proceed as authorized in this section.2088

       (C) Upon the filing of a verified petition in court, the 2089
court shall conduct a hearing on the petition and shall give the 2090
same preference to this proceeding as is given all proceedings 2091
under Chapter 119. of the Revised Code, irrespective of the 2092
position of the proceeding on the calendar of the court.2093

       (D) Injunction proceedings as authorized by this section 2094
shall be in addition to, and not in lieu of, all penalties and 2095
other remedies provided in this chapter.2096

       (E) An injunction proceeding permitted by division (A) of 2097
this section may not be maintained against a person described in 2098
division (B) of section 4762.02 of the Revised Code or a 2099
chiropractor who holds a valid certificate to practice acupuncture 2100
issued under section 4734.283 of the Revised Code.2101

       Sec. 4762.19.  The state medical board may adopt any rules 2102
necessary to govern the practice of oriental medicine and2103
acupuncture, the supervisory relationship between acupuncturists2104
certificate holders and supervising physicians, and the 2105
administration and enforcement of this chapter. Rules adopted 2106
under this section shall be adopted in accordance with Chapter 2107
119. of the Revised Code.2108

       Sec. 4762.22. An acupuncturist who holdsThe holder of a 2109
certificate to practice issued under this chapter shall have 2110
professional liability insurance coverage in an amount that is not 2111
less than five hundred thousand dollars.2112

       Section 2. That existing sections 4731.22, 4731.36, 4734.31, 2113
4762.01, 4762.02, 4762.03, 4762.031, 4762.04, 4762.05, 4762.06, 2114
4762.08, 4762.09, 4762.10, 4762.11, 4762.12, 4762.13, 4762.131, 2115
4762.132, 4762.14, 4762.15, 4762.16, 4762.17, 4762.18, 4762.19, 2116
and 4762.22 of the Revised Code are hereby repealed.2117

       Section 3.  Section 4731.22 of the Revised Code is presented 2118
in this act as a composite of the section as amended by Am. Sub. 2119
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General 2120
Assembly. The General Assembly, applying the principle stated in 2121
division (B) of section 1.52 of the Revised Code that amendments 2122
are to be harmonized if reasonably capable of simultaneous 2123
operation, finds that the composite is the resulting version of 2124
the section in effect prior to the effective date of the section 2125
as presented in this act.2126