As Passed by the House

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


Representative Schuring 

Cosponsors: Representatives Adams, J., Murray, Fedor, Phillips, Fende, Yuko, Hagan, R., Letson, Celeste, Combs, Derickson, Hagan, C., Luckie, Milkovich, Ramos Speaker Batchelder 

A BILL
To amend sections 4731.02, 4731.06, 4731.07, 4731.22, 1
4731.36, 4734.31, 4762.01, 4762.02, 4762.03, 2
4762.031, 4762.04, 4762.05, 4762.06, 4762.08, 3
4762.09, 4762.10, 4762.11, 4762.12, 4762.13, 4
4762.131, 4762.132, 4762.14, 4762.15, 4762.16, 5
4762.17, 4762.18, 4762.19, and 4762.22 and to 6
repeal section 4731.04 of the Revised Code to 7
regulate the practice of Oriental medicine, to 8
modify the laws governing the practice of 9
acupuncture, and to revise certain laws governing 10
the State Medical Board.11


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

       Section 1. That sections 4731.02, 4731.06, 4731.07, 4731.22, 12
4731.36, 4734.31, 4762.01, 4762.02, 4762.03, 4762.031, 4762.04, 13
4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 4762.11, 4762.12, 14
4762.13, 4762.131, 4762.132, 4762.14, 4762.15, 4762.16, 4762.17, 15
4762.18, 4762.19, and 4762.22 of the Revised Code be amended to 16
read as follows:17

       Sec. 4731.02.  The state medical board shall organize by the 18
election of a president and a, supervising member, whoand 19
secretary. Each officer shall be membersa member of the board, 20
and a. The secretary, who shall be a physician in good standing in 21
histhe physician's profession. Each of the officers shall serve 22
for a term of one year, and they. The officers may administer 23
oaths.24

       Sec. 4731.06.  The state medical board shall meet in March, 25
June, September, and December ofat least four times each year, 26
and at such times and places as the board may direct. Six members 27
of the board shall constitute a quorum. The board shall have a 28
seal and shall prescribe rules for its government.29

       Sec. 4731.07. (A) The state medical board shall keep a record 30
of its proceedings. ItThe minutes of a meeting of the board 31
shall, on approval by the board, constitute an official record of 32
its proceedings.33

       (B) The board shall also keep a register of applicants for 34
certificates of registration and certificates to practice issued 35
under this chapter and Chapters 4730., 4760., 4762., and 4774. of 36
the Revised Code. The register shall show the name of the 37
applicant and whether the applicant was granted or refused a 38
certificate. With respect to applicants to practice medicine and 39
surgery or osteopathic medicine and surgery, the register shall 40
show the name of the institution that granted the applicant the 41
degree of doctor of medicine or osteopathic medicine. The books 42
and records of the board shall be prima-facie evidence of matters 43
therein contained.44

       Sec. 4731.22.  (A) The state medical board, by an affirmative 45
vote of not fewer than six of its members, may revoke or may 46
refuse to grant a certificate to a person found by the board to 47
have committed fraud during the administration of the examination 48
for a certificate to practice or to have committed fraud, 49
misrepresentation, or deception in applying for or securing any 50
certificate to practice or certificate of registration issued by 51
the board.52

       (B) The board, by an affirmative vote of not fewer than six 53
members, shall, to the extent permitted by law, limit, revoke, or 54
suspend an individual's certificate to practice, refuse to 55
register an individual, refuse to reinstate a certificate, or 56
reprimand or place on probation the holder of a certificate for 57
one or more of the following reasons:58

       (1) Permitting one's name or one's certificate to practice or 59
certificate of registration to be used by a person, group, or 60
corporation when the individual concerned is not actually 61
directing the treatment given;62

       (2) Failure to maintain minimal standards applicable to the 63
selection or administration of drugs, or failure to employ 64
acceptable scientific methods in the selection of drugs or other 65
modalities for treatment of disease;66

       (3) Selling, giving away, personally furnishing, prescribing, 67
or administering drugs for other than legal and legitimate 68
therapeutic purposes or a plea of guilty to, a judicial finding of 69
guilt of, or a judicial finding of eligibility for intervention in 70
lieu of conviction of, a violation of any federal or state law 71
regulating the possession, distribution, or use of any drug;72

       (4) Willfully betraying a professional confidence.73

       For purposes of this division, "willfully betraying a 74
professional confidence" does not include providing any 75
information, documents, or reports to a child fatality review 76
board under sections 307.621 to 307.629 of the Revised Code and 77
does not include the making of a report of an employee's use of a 78
drug of abuse, or a report of a condition of an employee other 79
than one involving the use of a drug of abuse, to the employer of 80
the employee as described in division (B) of section 2305.33 of 81
the Revised Code. Nothing in this division affects the immunity 82
from civil liability conferred by that section upon a physician 83
who makes either type of report in accordance with division (B) of 84
that section. As used in this division, "employee," "employer," 85
and "physician" have the same meanings as in section 2305.33 of 86
the Revised Code.87

       (5) Making a false, fraudulent, deceptive, or misleading 88
statement in the solicitation of or advertising for patients; in 89
relation to the practice of medicine and surgery, osteopathic 90
medicine and surgery, podiatric medicine and surgery, or a limited 91
branch of medicine; or in securing or attempting to secure any 92
certificate to practice or certificate of registration issued by 93
the board.94

       As used in this division, "false, fraudulent, deceptive, or 95
misleading statement" means a statement that includes a 96
misrepresentation of fact, is likely to mislead or deceive because 97
of a failure to disclose material facts, is intended or is likely 98
to create false or unjustified expectations of favorable results, 99
or includes representations or implications that in reasonable 100
probability will cause an ordinarily prudent person to 101
misunderstand or be deceived.102

       (6) A departure from, or the failure to conform to, minimal 103
standards of care of similar practitioners under the same or 104
similar circumstances, whether or not actual injury to a patient 105
is established;106

       (7) Representing, with the purpose of obtaining compensation 107
or other advantage as personal gain or for any other person, that 108
an incurable disease or injury, or other incurable condition, can 109
be permanently cured;110

       (8) The obtaining of, or attempting to obtain, money or 111
anything of value by fraudulent misrepresentations in the course 112
of practice;113

       (9) A plea of guilty to, a judicial finding of guilt of, or a 114
judicial finding of eligibility for intervention in lieu of 115
conviction for, a felony;116

       (10) Commission of an act that constitutes a felony in this 117
state, regardless of the jurisdiction in which the act was 118
committed;119

       (11) A plea of guilty to, a judicial finding of guilt of, or 120
a judicial finding of eligibility for intervention in lieu of 121
conviction for, a misdemeanor committed in the course of practice;122

       (12) Commission of an act in the course of practice that 123
constitutes a misdemeanor in this state, regardless of the 124
jurisdiction in which the act was committed;125

       (13) A plea of guilty to, a judicial finding of guilt of, or 126
a judicial finding of eligibility for intervention in lieu of 127
conviction for, a misdemeanor involving moral turpitude;128

       (14) Commission of an act involving moral turpitude that 129
constitutes a misdemeanor in this state, regardless of the 130
jurisdiction in which the act was committed;131

       (15) Violation of the conditions of limitation placed by the 132
board upon a certificate to practice;133

       (16) Failure to pay license renewal fees specified in this 134
chapter;135

       (17) Except as authorized in section 4731.31 of the Revised 136
Code, engaging in the division of fees for referral of patients, 137
or the receiving of a thing of value in return for a specific 138
referral of a patient to utilize a particular service or business;139

       (18) Subject to section 4731.226 of the Revised Code, 140
violation of any provision of a code of ethics of the American 141
medical association, the American osteopathic association, the 142
American podiatric medical association, or any other national 143
professional organizations that the board specifies by rule. The 144
state medical board shall obtain and keep on file current copies 145
of the codes of ethics of the various national professional 146
organizations. The individual whose certificate is being suspended 147
or revoked shall not be found to have violated any provision of a 148
code of ethics of an organization not appropriate to the 149
individual's profession.150

       For purposes of this division, a "provision of a code of 151
ethics of a national professional organization" does not include 152
any provision that would preclude the making of a report by a 153
physician of an employee's use of a drug of abuse, or of a 154
condition of an employee other than one involving the use of a 155
drug of abuse, to the employer of the employee as described in 156
division (B) of section 2305.33 of the Revised Code. Nothing in 157
this division affects the immunity from civil liability conferred 158
by that section upon a physician who makes either type of report 159
in accordance with division (B) of that section. As used in this 160
division, "employee," "employer," and "physician" have the same 161
meanings as in section 2305.33 of the Revised Code.162

       (19) Inability to practice according to acceptable and 163
prevailing standards of care by reason of mental illness or 164
physical illness, including, but not limited to, physical 165
deterioration that adversely affects cognitive, motor, or 166
perceptive skills.167

       In enforcing this division, the board, upon a showing of a 168
possible violation, may compel any individual authorized to 169
practice by this chapter or who has submitted an application 170
pursuant to this chapter to submit to a mental examination, 171
physical examination, including an HIV test, or both a mental and 172
a physical examination. The expense of the examination is the 173
responsibility of the individual compelled to be examined. Failure 174
to submit to a mental or physical examination or consent to an HIV 175
test ordered by the board constitutes an admission of the 176
allegations against the individual unless the failure is due to 177
circumstances beyond the individual's control, and a default and 178
final order may be entered without the taking of testimony or 179
presentation of evidence. If the board finds an individual unable 180
to practice because of the reasons set forth in this division, the 181
board shall require the individual to submit to care, counseling, 182
or treatment by physicians approved or designated by the board, as 183
a condition for initial, continued, reinstated, or renewed 184
authority to practice. An individual affected under this division 185
shall be afforded an opportunity to demonstrate to the board the 186
ability to resume practice in compliance with acceptable and 187
prevailing standards under the provisions of the individual's 188
certificate. For the purpose of this division, any individual who 189
applies for or receives a certificate to practice under this 190
chapter accepts the privilege of practicing in this state and, by 191
so doing, shall be deemed to have given consent to submit to a 192
mental or physical examination when directed to do so in writing 193
by the board, and to have waived all objections to the 194
admissibility of testimony or examination reports that constitute 195
a privileged communication.196

       (20) Except when civil penalties are imposed under section 197
4731.225 or 4731.281 of the Revised Code, and subject to section 198
4731.226 of the Revised Code, violating or attempting to violate, 199
directly or indirectly, or assisting in or abetting the violation 200
of, or conspiring to violate, any provisions of this chapter or 201
any rule promulgated by the board.202

       This division does not apply to a violation or attempted 203
violation of, assisting in or abetting the violation of, or a 204
conspiracy to violate, any provision of this chapter or any rule 205
adopted by the board that would preclude the making of a report by 206
a physician of an employee's use of a drug of abuse, or of a 207
condition of an employee other than one involving the use of a 208
drug of abuse, to the employer of the employee as described in 209
division (B) of section 2305.33 of the Revised Code. Nothing in 210
this division affects the immunity from civil liability conferred 211
by that section upon a physician who makes either type of report 212
in accordance with division (B) of that section. As used in this 213
division, "employee," "employer," and "physician" have the same 214
meanings as in section 2305.33 of the Revised Code.215

       (21) The violation of section 3701.79 of the Revised Code or 216
of any abortion rule adopted by the public health council pursuant 217
to section 3701.341 of the Revised Code;218

       (22) Any of the following actions taken by an agency 219
responsible for authorizing, certifying, or regulating an 220
individual to practice a health care occupation or provide health 221
care services in this state or another jurisdiction, for any 222
reason other than the nonpayment of fees: the limitation, 223
revocation, or suspension of an individual's license to practice; 224
acceptance of an individual's license surrender; denial of a 225
license; refusal to renew or reinstate a license; imposition of 226
probation; or issuance of an order of censure or other reprimand;227

       (23) The violation of section 2919.12 of the Revised Code or 228
the performance or inducement of an abortion upon a pregnant woman 229
with actual knowledge that the conditions specified in division 230
(B) of section 2317.56 of the Revised Code have not been satisfied 231
or with a heedless indifference as to whether those conditions 232
have been satisfied, unless an affirmative defense as specified in 233
division (H)(2) of that section would apply in a civil action 234
authorized by division (H)(1) of that section;235

       (24) The revocation, suspension, restriction, reduction, or 236
termination of clinical privileges by the United States department 237
of defense or department of veterans affairs or the termination or 238
suspension of a certificate of registration to prescribe drugs by 239
the drug enforcement administration of the United States 240
department of justice;241

       (25) Termination or suspension from participation in the 242
medicare or medicaid programs by the department of health and 243
human services or other responsible agency for any act or acts 244
that also would constitute a violation of division (B)(2), (3), 245
(6), (8), or (19) of this section;246

       (26) Impairment of ability to practice according to 247
acceptable and prevailing standards of care because of habitual or 248
excessive use or abuse of drugs, alcohol, or other substances that 249
impair ability to practice.250

       For the purposes of this division, any individual authorized 251
to practice by this chapter accepts the privilege of practicing in 252
this state subject to supervision by the board. By filing an 253
application for or holding a certificate to practice under this 254
chapter, an individual shall be deemed to have given consent to 255
submit to a mental or physical examination when ordered to do so 256
by the board in writing, and to have waived all objections to the 257
admissibility of testimony or examination reports that constitute 258
privileged communications.259

       If it has reason to believe that any individual authorized to 260
practice by this chapter or any applicant for certification to 261
practice suffers such impairment, the board may compel the 262
individual to submit to a mental or physical examination, or both. 263
The expense of the examination is the responsibility of the 264
individual compelled to be examined. Any mental or physical 265
examination required under this division shall be undertaken by a 266
treatment provider or physician who is qualified to conduct the 267
examination and who is chosen by the board.268

       Failure to submit to a mental or physical examination ordered 269
by the board constitutes an admission of the allegations against 270
the individual unless the failure is due to circumstances beyond 271
the individual's control, and a default and final order may be 272
entered without the taking of testimony or presentation of 273
evidence. If the board determines that the individual's ability to 274
practice is impaired, the board shall suspend the individual's 275
certificate or deny the individual's application and shall require 276
the individual, as a condition for initial, continued, reinstated, 277
or renewed certification to practice, to submit to treatment.278

       Before being eligible to apply for reinstatement of a 279
certificate suspended under this division, the impaired 280
practitioner shall demonstrate to the board the ability to resume 281
practice in compliance with acceptable and prevailing standards of 282
care under the provisions of the practitioner's certificate. The 283
demonstration shall include, but shall not be limited to, the 284
following:285

       (a) Certification from a treatment provider approved under 286
section 4731.25 of the Revised Code that the individual has 287
successfully completed any required inpatient treatment;288

       (b) Evidence of continuing full compliance with an aftercare 289
contract or consent agreement;290

       (c) Two written reports indicating that the individual's 291
ability to practice has been assessed and that the individual has 292
been found capable of practicing according to acceptable and 293
prevailing standards of care. The reports shall be made by 294
individuals or providers approved by the board for making the 295
assessments and shall describe the basis for their determination.296

       The board may reinstate a certificate suspended under this 297
division after that demonstration and after the individual has 298
entered into a written consent agreement.299

       When the impaired practitioner resumes practice, the board 300
shall require continued monitoring of the individual. The 301
monitoring shall include, but not be limited to, compliance with 302
the written consent agreement entered into before reinstatement or 303
with conditions imposed by board order after a hearing, and, upon 304
termination of the consent agreement, submission to the board for 305
at least two years of annual written progress reports made under 306
penalty of perjury stating whether the individual has maintained 307
sobriety.308

       (27) A second or subsequent violation of section 4731.66 or 309
4731.69 of the Revised Code;310

       (28) Except as provided in division (N) of this section:311

       (a) Waiving the payment of all or any part of a deductible or 312
copayment that a patient, pursuant to a health insurance or health 313
care policy, contract, or plan that covers the individual's 314
services, otherwise would be required to pay if the waiver is used 315
as an enticement to a patient or group of patients to receive 316
health care services from that individual;317

       (b) Advertising that the individual will waive the payment of 318
all or any part of a deductible or copayment that a patient, 319
pursuant to a health insurance or health care policy, contract, or 320
plan that covers the individual's services, otherwise would be 321
required to pay.322

       (29) Failure to use universal blood and body fluid 323
precautions established by rules adopted under section 4731.051 of 324
the Revised Code;325

       (30) Failure to provide notice to, and receive acknowledgment 326
of the notice from, a patient when required by section 4731.143 of 327
the Revised Code prior to providing nonemergency professional 328
services, or failure to maintain that notice in the patient's 329
file;330

       (31) Failure of a physician supervising a physician assistant 331
to maintain supervision in accordance with the requirements of 332
Chapter 4730. of the Revised Code and the rules adopted under that 333
chapter;334

       (32) Failure of a physician or podiatrist to enter into a 335
standard care arrangement with a clinical nurse specialist, 336
certified nurse-midwife, or certified nurse practitioner with whom 337
the physician or podiatrist is in collaboration pursuant to 338
section 4731.27 of the Revised Code or failure to fulfill the 339
responsibilities of collaboration after entering into a standard 340
care arrangement;341

       (33) Failure to comply with the terms of a consult agreement 342
entered into with a pharmacist pursuant to section 4729.39 of the 343
Revised Code;344

       (34) Failure to cooperate in an investigation conducted by 345
the board under division (F) of this section, including failure to 346
comply with a subpoena or order issued by the board or failure to 347
answer truthfully a question presented by the board at a 348
deposition or in written interrogatories, except that failure to 349
cooperate with an investigation shall not constitute grounds for 350
discipline under this section if a court of competent jurisdiction 351
has issued an order that either quashes a subpoena or permits the 352
individual to withhold the testimony or evidence in issue;353

       (35) Failure to supervise an oriental medicine practitioner 354
or acupuncturist in accordance with Chapter 4762. of the Revised 355
Code and the board's rules for providing that supervision of an 356
acupuncturist;357

       (36) Failure to supervise an anesthesiologist assistant in 358
accordance with Chapter 4760. of the Revised Code and the board's 359
rules for supervision of an anesthesiologist assistant;360

       (37) Assisting suicide as defined in section 3795.01 of the 361
Revised Code;362

       (38) Failure to comply with the requirements of section 363
2317.561 of the Revised Code;364

       (39) Failure to supervise a radiologist assistant in 365
accordance with Chapter 4774. of the Revised Code and the board's 366
rules for supervision of radiologist assistants;367

       (40) Performing or inducing an abortion at an office or 368
facility with knowledge that the office or facility fails to post 369
the notice required under section 3701.791 of the Revised Code;370

       (41) Failure to comply with the standards and procedures 371
established in rules under section 4731.054 of the Revised Code 372
for the operation of or the provision of care at a pain management 373
clinic;374

        (42) Failure to comply with the standards and procedures 375
established in rules under section 4731.054 of the Revised Code 376
for providing supervision, direction, and control of individuals 377
at a pain management clinic;378

       (43) Failure to comply with the requirements of section 379
4729.79 of the Revised Code, unless the state board of pharmacy no 380
longer maintains a drug database pursuant to section 4729.75 of 381
the Revised Code;382

       (41)(44) Failure to comply with the requirements of section 383
2919.171 of the Revised Code or failure to submit to the 384
department of health in accordance with a court order a complete 385
report as described in section 2919.171 of the Revised Code.386

       (C) Disciplinary actions taken by the board under divisions 387
(A) and (B) of this section shall be taken pursuant to an 388
adjudication under Chapter 119. of the Revised Code, except that 389
in lieu of an adjudication, the board may enter into a consent 390
agreement with an individual to resolve an allegation of a 391
violation of this chapter or any rule adopted under it. A consent 392
agreement, when ratified by an affirmative vote of not fewer than 393
six members of the board, shall constitute the findings and order 394
of the board with respect to the matter addressed in the 395
agreement. If the board refuses to ratify a consent agreement, the 396
admissions and findings contained in the consent agreement shall 397
be of no force or effect.398

       A telephone conference call may be utilized for ratification 399
of a consent agreement that revokes or suspends an individual's 400
certificate to practice. The telephone conference call shall be 401
considered a special meeting under division (F) of section 121.22 402
of the Revised Code.403

       If the board takes disciplinary action against an individual 404
under division (B) of this section for a second or subsequent plea 405
of guilty to, or judicial finding of guilt of, a violation of 406
section 2919.123 of the Revised Code, the disciplinary action 407
shall consist of a suspension of the individual's certificate to 408
practice for a period of at least one year or, if determined 409
appropriate by the board, a more serious sanction involving the 410
individual's certificate to practice. Any consent agreement 411
entered into under this division with an individual that pertains 412
to a second or subsequent plea of guilty to, or judicial finding 413
of guilt of, a violation of that section shall provide for a 414
suspension of the individual's certificate to practice for a 415
period of at least one year or, if determined appropriate by the 416
board, a more serious sanction involving the individual's 417
certificate to practice.418

       (D) For purposes of divisions (B)(10), (12), and (14) of this 419
section, the commission of the act may be established by a finding 420
by the board, pursuant to an adjudication under Chapter 119. of 421
the Revised Code, that the individual committed the act. The board 422
does not have jurisdiction under those divisions if the trial 423
court renders a final judgment in the individual's favor and that 424
judgment is based upon an adjudication on the merits. The board 425
has jurisdiction under those divisions if the trial court issues 426
an order of dismissal upon technical or procedural grounds.427

       (E) The sealing of conviction records by any court shall have 428
no effect upon a prior board order entered under this section or 429
upon the board's jurisdiction to take action under this section 430
if, based upon a plea of guilty, a judicial finding of guilt, or a 431
judicial finding of eligibility for intervention in lieu of 432
conviction, the board issued a notice of opportunity for a hearing 433
prior to the court's order to seal the records. The board shall 434
not be required to seal, destroy, redact, or otherwise modify its 435
records to reflect the court's sealing of conviction records.436

       (F)(1) The board shall investigate evidence that appears to 437
show that a person has violated any provision of this chapter or 438
any rule adopted under it. Any person may report to the board in a 439
signed writing any information that the person may have that 440
appears to show a violation of any provision of this chapter or 441
any rule adopted under it. In the absence of bad faith, any person 442
who reports information of that nature or who testifies before the 443
board in any adjudication conducted under Chapter 119. of the 444
Revised Code shall not be liable in damages in a civil action as a 445
result of the report or testimony. Each complaint or allegation of 446
a violation received by the board shall be assigned a case number 447
and shall be recorded by the board.448

       (2) Investigations of alleged violations of this chapter or 449
any rule adopted under it shall be supervised by the supervising 450
member elected by the board in accordance with section 4731.02 of 451
the Revised Code and by the secretary as provided in section 452
4731.39 of the Revised Code. The president may designate another 453
member of the board to supervise the investigation in place of the 454
supervising member. No member of the board who supervises the 455
investigation of a case shall participate in further adjudication 456
of the case.457

       (3) In investigating a possible violation of this chapter or 458
any rule adopted under this chapter, the board may administer 459
oaths, order the taking of depositions, inspect and copy any 460
books, accounts, papers, records, or documents, issue subpoenas, 461
and compel the attendance of witnesses and production of books, 462
accounts, papers, records, documents, and testimony, except that a 463
subpoena for patient record information shall not be issued 464
without consultation with the attorney general's office and 465
approval of the secretary and supervising member of the board. 466
Before issuance of a subpoena for patient record information, the 467
secretary and supervising member shall determine whether there is 468
probable cause to believe that the complaint filed alleges a 469
violation of this chapter or any rule adopted under it and that 470
the records sought are relevant to the alleged violation and 471
material to the investigation. The subpoena may apply only to 472
records that cover a reasonable period of time surrounding the 473
alleged violation.474

       On failure to comply with any subpoena issued by the board 475
and after reasonable notice to the person being subpoenaed, the 476
board may move for an order compelling the production of persons 477
or records pursuant to the Rules of Civil Procedure.478

       A subpoena issued by the board may be served by a sheriff, 479
the sheriff's deputy, or a board employee designated by the board. 480
Service of a subpoena issued by the board may be made by 481
delivering a copy of the subpoena to the person named therein, 482
reading it to the person, or leaving it at the person's usual 483
place of residence. When the person being served is a person whose 484
practice is authorized by this chapter, service of the subpoena 485
may be made by certified mail, restricted delivery, return receipt 486
requested, and the subpoena shall be deemed served on the date 487
delivery is made or the date the person refuses to accept 488
delivery.489

       A sheriff's deputy who serves a subpoena shall receive the 490
same fees as a sheriff. Each witness who appears before the board 491
in obedience to a subpoena shall receive the fees and mileage 492
provided for under section 119.094 of the Revised Code.493

       (4) All hearings and investigations of the board shall be 494
considered civil actions for the purposes of section 2305.252 of 495
the Revised Code.496

       (5) Information received by the board pursuant to an 497
investigation is confidential and not subject to discovery in any 498
civil action.499

       The board shall conduct all investigations and proceedings in 500
a manner that protects the confidentiality of patients and persons 501
who file complaints with the board. The board shall not make 502
public the names or any other identifying information about 503
patients or complainants unless proper consent is given or, in the 504
case of a patient, a waiver of the patient privilege exists under 505
division (B) of section 2317.02 of the Revised Code, except that 506
consent or a waiver of that nature is not required if the board 507
possesses reliable and substantial evidence that no bona fide 508
physician-patient relationship exists.509

       The board may share any information it receives pursuant to 510
an investigation, including patient records and patient record 511
information, with law enforcement agencies, other licensing 512
boards, and other governmental agencies that are prosecuting, 513
adjudicating, or investigating alleged violations of statutes or 514
administrative rules. An agency or board that receives the 515
information shall comply with the same requirements regarding 516
confidentiality as those with which the state medical board must 517
comply, notwithstanding any conflicting provision of the Revised 518
Code or procedure of the agency or board that applies when it is 519
dealing with other information in its possession. In a judicial 520
proceeding, the information may be admitted into evidence only in 521
accordance with the Rules of Evidence, but the court shall require 522
that appropriate measures are taken to ensure that confidentiality 523
is maintained with respect to any part of the information that 524
contains names or other identifying information about patients or 525
complainants whose confidentiality was protected by the state 526
medical board when the information was in the board's possession. 527
Measures to ensure confidentiality that may be taken by the court 528
include sealing its records or deleting specific information from 529
its records.530

       (6) On a quarterly basis, the board shall prepare a report 531
that documents the disposition of all cases during the preceding 532
three months. The report shall contain the following information 533
for each case with which the board has completed its activities:534

       (a) The case number assigned to the complaint or alleged 535
violation;536

       (b) The type of certificate to practice, if any, held by the 537
individual against whom the complaint is directed;538

       (c) A description of the allegations contained in the 539
complaint;540

       (d) The disposition of the case.541

       The report shall state how many cases are still pending and 542
shall be prepared in a manner that protects the identity of each 543
person involved in each case. The report shall be a public record 544
under section 149.43 of the Revised Code.545

       (G) If the secretary and supervising member determine both of 546
the following, they may recommend that the board suspend an 547
individual's certificate to practice without a prior hearing:548

       (1) That there is clear and convincing evidence that an 549
individual has violated division (B) of this section;550

       (2) That the individual's continued practice presents a 551
danger of immediate and serious harm to the public. 552

        Written allegations shall be prepared for consideration by 553
the board. The board, upon review of those allegations and by an 554
affirmative vote of not fewer than six of its members, excluding 555
the secretary and supervising member, may suspend a certificate 556
without a prior hearing. A telephone conference call may be 557
utilized for reviewing the allegations and taking the vote on the 558
summary suspension.559

       The board shall issue a written order of suspension by 560
certified mail or in person in accordance with section 119.07 of 561
the Revised Code. The order shall not be subject to suspension by 562
the court during pendency of any appeal filed under section 119.12 563
of the Revised Code. If the individual subject to the summary 564
suspension requests an adjudicatory hearing by the board, the date 565
set for the hearing shall be within fifteen days, but not earlier 566
than seven days, after the individual requests the hearing, unless 567
otherwise agreed to by both the board and the individual.568

       Any summary suspension imposed under this division shall 569
remain in effect, unless reversed on appeal, until a final 570
adjudicative order issued by the board pursuant to this section 571
and Chapter 119. of the Revised Code becomes effective. The board 572
shall issue its final adjudicative order within seventy-five days 573
after completion of its hearing. A failure to issue the order 574
within seventy-five days shall result in dissolution of the 575
summary suspension order but shall not invalidate any subsequent, 576
final adjudicative order.577

       (H) If the board takes action under division (B)(9), (11), or 578
(13) of this section and the judicial finding of guilt, guilty 579
plea, or judicial finding of eligibility for intervention in lieu 580
of conviction is overturned on appeal, upon exhaustion of the 581
criminal appeal, a petition for reconsideration of the order may 582
be filed with the board along with appropriate court documents. 583
Upon receipt of a petition of that nature and supporting court 584
documents, the board shall reinstate the individual's certificate 585
to practice. The board may then hold an adjudication under Chapter 586
119. of the Revised Code to determine whether the individual 587
committed the act in question. Notice of an opportunity for a 588
hearing shall be given in accordance with Chapter 119. of the 589
Revised Code. If the board finds, pursuant to an adjudication held 590
under this division, that the individual committed the act or if 591
no hearing is requested, the board may order any of the sanctions 592
identified under division (B) of this section.593

       (I) The certificate to practice issued to an individual under 594
this chapter and the individual's practice in this state are 595
automatically suspended as of the date of the individual's second 596
or subsequent plea of guilty to, or judicial finding of guilt of, 597
a violation of section 2919.123 of the Revised Code, or the date 598
the individual pleads guilty to, is found by a judge or jury to be 599
guilty of, or is subject to a judicial finding of eligibility for 600
intervention in lieu of conviction in this state or treatment or 601
intervention in lieu of conviction in another jurisdiction for any 602
of the following criminal offenses in this state or a 603
substantially equivalent criminal offense in another jurisdiction: 604
aggravated murder, murder, voluntary manslaughter, felonious 605
assault, kidnapping, rape, sexual battery, gross sexual 606
imposition, aggravated arson, aggravated robbery, or aggravated 607
burglary. Continued practice after suspension shall be considered 608
practicing without a certificate.609

       The board shall notify the individual subject to the 610
suspension by certified mail or in person in accordance with 611
section 119.07 of the Revised Code. If an individual whose 612
certificate is automatically suspended under this division fails 613
to make a timely request for an adjudication under Chapter 119. of 614
the Revised Code, the board shall do whichever of the following is 615
applicable:616

       (1) If the automatic suspension under this division is for a 617
second or subsequent plea of guilty to, or judicial finding of 618
guilt of, a violation of section 2919.123 of the Revised Code, the 619
board shall enter an order suspending the individual's certificate 620
to practice for a period of at least one year or, if determined 621
appropriate by the board, imposing a more serious sanction 622
involving the individual's certificate to practice.623

       (2) In all circumstances in which division (I)(1) of this 624
section does not apply, enter a final order permanently revoking 625
the individual's certificate to practice.626

       (J) If the board is required by Chapter 119. of the Revised 627
Code to give notice of an opportunity for a hearing and if the 628
individual subject to the notice does not timely request a hearing 629
in accordance with section 119.07 of the Revised Code, the board 630
is not required to hold a hearing, but may adopt, by an 631
affirmative vote of not fewer than six of its members, a final 632
order that contains the board's findings. In that final order, the 633
board may order any of the sanctions identified under division (A) 634
or (B) of this section.635

       (K) Any action taken by the board under division (B) of this 636
section resulting in a suspension from practice shall be 637
accompanied by a written statement of the conditions under which 638
the individual's certificate to practice may be reinstated. The 639
board shall adopt rules governing conditions to be imposed for 640
reinstatement. Reinstatement of a certificate suspended pursuant 641
to division (B) of this section requires an affirmative vote of 642
not fewer than six members of the board.643

       (L) When the board refuses to grant a certificate to an 644
applicant, revokes an individual's certificate to practice, 645
refuses to register an applicant, or refuses to reinstate an 646
individual's certificate to practice, the board may specify that 647
its action is permanent. An individual subject to a permanent 648
action taken by the board is forever thereafter ineligible to hold 649
a certificate to practice and the board shall not accept an 650
application for reinstatement of the certificate or for issuance 651
of a new certificate.652

       (M) Notwithstanding any other provision of the Revised Code, 653
all of the following apply:654

       (1) The surrender of a certificate issued under this chapter 655
shall not be effective unless or until accepted by the board. A 656
telephone conference call may be utilized for acceptance of the 657
surrender of an individual's certificate to practice. The 658
telephone conference call shall be considered a special meeting 659
under division (F) of section 121.22 of the Revised Code. 660
Reinstatement of a certificate surrendered to the board requires 661
an affirmative vote of not fewer than six members of the board.662

       (2) An application for a certificate made under the 663
provisions of this chapter may not be withdrawn without approval 664
of the board.665

       (3) Failure by an individual to renew a certificate of 666
registration in accordance with this chapter shall not remove or 667
limit the board's jurisdiction to take any disciplinary action 668
under this section against the individual.669

       (N) Sanctions shall not be imposed under division (B)(28) of 670
this section against any person who waives deductibles and 671
copayments as follows:672

       (1) In compliance with the health benefit plan that expressly 673
allows such a practice. Waiver of the deductibles or copayments 674
shall be made only with the full knowledge and consent of the plan 675
purchaser, payer, and third-party administrator. Documentation of 676
the consent shall be made available to the board upon request.677

       (2) For professional services rendered to any other person 678
authorized to practice pursuant to this chapter, to the extent 679
allowed by this chapter and rules adopted by the board.680

       (O) Under the board's investigative duties described in this 681
section and subject to division (F) of this section, the board 682
shall develop and implement a quality intervention program 683
designed to improve through remedial education the clinical and 684
communication skills of individuals authorized under this chapter 685
to practice medicine and surgery, osteopathic medicine and 686
surgery, and podiatric medicine and surgery. In developing and 687
implementing the quality intervention program, the board may do 688
all of the following:689

       (1) Offer in appropriate cases as determined by the board an 690
educational and assessment program pursuant to an investigation 691
the board conducts under this section;692

       (2) Select providers of educational and assessment services, 693
including a quality intervention program panel of case reviewers;694

       (3) Make referrals to educational and assessment service 695
providers and approve individual educational programs recommended 696
by those providers. The board shall monitor the progress of each 697
individual undertaking a recommended individual educational 698
program.699

       (4) Determine what constitutes successful completion of an 700
individual educational program and require further monitoring of 701
the individual who completed the program or other action that the 702
board determines to be appropriate;703

       (5) Adopt rules in accordance with Chapter 119. of the 704
Revised Code to further implement the quality intervention 705
program.706

       An individual who participates in an individual educational 707
program pursuant to this division shall pay the financial 708
obligations arising from that educational program.709

       Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the Revised 710
Code shall not prohibit service in case of emergency, domestic 711
administration of family remedies, or provision of assistance to 712
another individual who is self-administering drugs.713

       Sections 4731.01 to 4731.47 of the Revised Code shall not 714
apply to any of the following:715

       (1) A commissioned medical officer of the United States armed 716
forces, as defined in section 5903.11 of the Revised Code, or an 717
employee of the veterans administration of the United States or 718
the United States public health service in the discharge of the 719
officer's or employee's professional duties;720

       (2) A dentist authorized under Chapter 4715. of the Revised 721
Code to practice dentistry when engaged exclusively in the 722
practice of dentistry or when administering anesthetics in the 723
practice of dentistry;724

       (3) A physician or surgeon in another state or territory who 725
is a legal practitioner of medicine or surgery therein when 726
providing consultation to an individual holding a certificate to 727
practice issued under this chapter who is responsible for the 728
examination, diagnosis, and treatment of the patient who is the 729
subject of the consultation, if one of the following applies:730

       (a) The physician or surgeon does not provide consultation in 731
this state on a regular or frequent basis.732

       (b) The physician or surgeon provides the consultation 733
without compensation of any kind, direct or indirect, for the 734
consultation.735

       (c) The consultation is part of the curriculum of a medical 736
school or osteopathic medical school of this state or a program 737
described in division (A)(2) of section 4731.291 of the Revised 738
Code.739

       (4) A physician or surgeon in another state or territory who 740
is a legal practitioner of medicine or surgery therein and 741
provided services to a patient in that state or territory, when 742
providing, not later than one year after the last date services 743
were provided in another state or territory, follow-up services in 744
person or through the use of any communication, including oral, 745
written, or electronic communication, in this state to the patient 746
for the same condition;747

       (5) A physician or surgeon residing on the border of a 748
contiguous state and authorized under the laws thereof to practice 749
medicine and surgery therein, whose practice extends within the 750
limits of this state. Such practitioner shall not either in person 751
or through the use of any communication, including oral, written, 752
or electronic communication, open an office or appoint a place to 753
see patients or receive calls within the limits of this state.754

       (6) A board, committee, or corporation engaged in the conduct 755
described in division (A) of section 2305.251 of the Revised Code 756
when acting within the scope of the functions of the board, 757
committee, or corporation;758

       (7) The conduct of an independent review organization 759
accredited by the superintendent of insurance under section 760
3922.13 of the Revised Code for the purpose of external reviews 761
conducted under Chapter 3922. of the Revised Code.762

       (B) Sections 4731.51 to 4731.61 of the Revised Code do not 763
apply to any graduate of a podiatric school or college while 764
performing those acts that may be prescribed by or incidental to 765
participation in an accredited podiatric internship, residency, or 766
fellowship program situated in this state approved by the state 767
medical board.768

       (C) This chapter does not apply to an oriental medicine 769
practitioner or acupuncturist who complies with Chapter 4762. of 770
the Revised Code.771

       (D) This chapter does not prohibit the administration of 772
drugs by any of the following:773

       (1) An individual who is licensed or otherwise specifically 774
authorized by the Revised Code to administer drugs;775

       (2) An individual who is not licensed or otherwise 776
specifically authorized by the Revised Code to administer drugs, 777
but is acting pursuant to the rules for delegation of medical 778
tasks adopted under section 4731.053 of the Revised Code;779

       (3) An individual specifically authorized to administer drugs 780
pursuant to a rule adopted under the Revised Code that is in 781
effect on the effective date of this amendmentApril 4, 2001, as 782
long as the rule remains in effect, specifically authorizing an 783
individual to administer drugs.784

       (E) The exemptions described in divisions (A)(3), (4), and 785
(5) of this section do not apply to a physician or surgeon whose 786
certificate to practice issued under this chapter is under 787
suspension or has been revoked or permanently revoked by action of 788
the state medical board.789

       Sec. 4734.31.  (A) The state chiropractic board may take any 790
of the actions specified in division (B) of this section against 791
an individual who has applied for or holds a license to practice 792
chiropractic in this state if any of the reasons specified in 793
division (C) of this section for taking action against an 794
individual are applicable. Except as provided in division (D) of 795
this section, actions taken against an individual shall be taken 796
in accordance with Chapter 119. of the Revised Code. The board may 797
specify that any action it takes is a permanent action. The 798
board's authority to take action against an individual is not 799
removed or limited by the individual's failure to renew a license.800

       (B) In its imposition of sanctions against an individual, the 801
board may do any of the following:802

       (1) Refuse to issue, renew, restore, or reinstate a license 803
to practice chiropractic or a certificate to practice acupuncture;804

       (2) Reprimand or censure a license holder;805

       (3) Place limits, restrictions, or probationary conditions on 806
a license holder's practice;807

       (4) Impose a civil fine of not more than five thousand 808
dollars according to a schedule of fines specified in rules that 809
the board shall adopt in accordance with Chapter 119. of the 810
Revised Code.811

       (5) Suspend a license to practice chiropractic or a 812
certificate to practice acupuncture for a limited or indefinite 813
period;814

       (6) Revoke a license to practice chiropractic or a 815
certificate to practice acupuncture.816

       (C) The board may take the actions specified in division (B) 817
of this section for any of the following reasons:818

       (1) A plea of guilty to, a judicial finding of guilt of, or a 819
judicial finding of eligibility for intervention in lieu of 820
conviction for, a felony in any jurisdiction, in which case a 821
certified copy of the court record shall be conclusive evidence of 822
the conviction;823

       (2) Commission of an act that constitutes a felony in this 824
state, regardless of the jurisdiction in which the act was 825
committed;826

       (3) A plea of guilty to, a judicial finding of guilt of, or a 827
judicial finding of eligibility for intervention in lieu of 828
conviction for, a misdemeanor involving moral turpitude, as 829
determined by the board, in which case a certified copy of the 830
court record shall be conclusive evidence of the matter;831

       (4) Commission of an act involving moral turpitude that 832
constitutes a misdemeanor in this state, regardless of the 833
jurisdiction in which the act was committed;834

       (5) A plea of guilty to, a judicial finding of guilt of, or a 835
judicial finding of eligibility for intervention in lieu of 836
conviction for, a misdemeanor committed in the course of practice, 837
in which case a certified copy of the court record shall be 838
conclusive evidence of the matter;839

       (6) Commission of an act in the course of practice that 840
constitutes a misdemeanor in this state, regardless of the 841
jurisdiction in which the act was committed;842

       (7) A violation or attempted violation of this chapter or the 843
rules adopted under it governing the practice of chiropractic and 844
the practice of acupuncture by a chiropractor licensed under this 845
chapter;846

       (8) Failure to cooperate in an investigation conducted by the 847
board, including failure to comply with a subpoena or order issued 848
by the board or failure to answer truthfully a question presented 849
by the board at a deposition or in written interrogatories, except 850
that failure to cooperate with an investigation shall not 851
constitute grounds for discipline under this section if the board 852
or a court of competent jurisdiction has issued an order that 853
either quashes a subpoena or permits the individual to withhold 854
the testimony or evidence in issue;855

       (9) Engaging in an ongoing professional relationship with a 856
person or entity that violates any provision of this chapter or 857
the rules adopted under it, unless the chiropractor makes a good 858
faith effort to have the person or entity comply with the 859
provisions;860

       (10) Retaliating against a chiropractor for the 861
chiropractor's reporting to the board or any other agency with 862
jurisdiction any violation of the law or for cooperating with the 863
board of another agency in the investigation of any violation of 864
the law;865

       (11) Aiding, abetting, assisting, counseling, or conspiring 866
with any person in that person's violation of any provision of 867
this chapter or the rules adopted under it, including the practice 868
of chiropractic without a license, the practice of acupuncture 869
without a certificate, or aiding, abetting, assisting, counseling, 870
or conspiring with any person in that person's unlicensed practice 871
of any other health care profession that has licensing 872
requirements;873

       (12) With respect to a report or record that is made, filed, 874
or signed in connection with the practice of chiropractic or 875
acupuncture, knowingly making or filing a report or record that is 876
false, intentionally or negligently failing to file a report or 877
record required by federal, state, or local law or willfully 878
impeding or obstructing the required filing, or inducing another 879
person to engage in any such acts;880

       (13) Making a false, fraudulent, or deceitful statement to 881
the board or any agent of the board during any investigation or 882
other official proceeding conducted by the board under this 883
chapter or in any filing that must be submitted to the board;884

       (14) Attempting to secure a license to practice chiropractic 885
or certificate to practice acupuncture or to corrupt the outcome 886
of an official board proceeding through bribery or any other 887
improper means;888

       (15) Willfully obstructing or hindering the board or any 889
agent of the board in the discharge of the board's duties;890

       (16) Habitually using drugs or intoxicants to the extent that 891
the person is rendered unfit for the practice of chiropractic or 892
acupuncture;893

       (17) Inability to practice chiropractic or acupuncture 894
according to acceptable and prevailing standards of care by reason 895
of chemical dependency, mental illness, or physical illness, 896
including conditions in which physical deterioration has adversely 897
affected the person's cognitive, motor, or perceptive skills and 898
conditions in which a chiropractor's continued practice may pose a 899
danger to the chiropractor or the public;900

       (18) Any act constituting gross immorality relative to the 901
person's practice of chiropractic or acupuncture, including acts 902
involving sexual abuse, sexual misconduct, or sexual exploitation;903

       (19) Exploiting a patient for personal or financial gain;904

       (20) Failing to maintain proper, accurate, and legible 905
records in the English language documenting each patient's care, 906
including, as appropriate, records of the following: dates of 907
treatment, services rendered, examinations, tests, x-ray reports, 908
referrals, and the diagnosis or clinical impression and clinical 909
treatment plan provided to the patient;910

       (21) Except as otherwise required by the board or by law, 911
disclosing patient information gained during the chiropractor's 912
professional relationship with a patient without obtaining the 913
patient's authorization for the disclosure;914

       (22) Commission of willful or gross malpractice, or willful 915
or gross neglect, in the practice of chiropractic or acupuncture;916

       (23) Failing to perform or negligently performing an act 917
recognized by the board as a general duty or the exercise of due 918
care in the practice of chiropractic or acupuncture, regardless of 919
whether injury results to a patient from the failure to perform or 920
negligent performance of the act;921

       (24) Engaging in any conduct or practice that impairs or may 922
impair the ability to practice chiropractic or acupuncture safely 923
and skillfully;924

       (25) Practicing, or claiming to be capable of practicing, 925
beyond the scope of the practice of chiropractic or acupuncture as 926
established under this chapter and the rules adopted under this 927
chapter;928

       (26) Accepting and performing professional responsibilities 929
as a chiropractor or chiropractor with a certificate to practice 930
acupuncture when not qualified to perform those responsibilities, 931
if the person knew or had reason to know that the person was not 932
qualified to perform them;933

       (27) Delegating any of the professional responsibilities of a 934
chiropractor or chiropractor with a certificate to practice 935
acupuncture to an employee or other individual when the delegating 936
chiropractor knows or had reason to know that the employee or 937
other individual is not qualified by training, experience, or 938
professional licensure to perform the responsibilities;939

       (28) Delegating any of the professional responsibilities of a 940
chiropractor or chiropractor with a certificate to practice 941
acupuncture to an employee or other individual in a negligent 942
manner or failing to provide proper supervision of the employee or 943
other individual to whom the responsibilities are delegated;944

       (29) Failing to refer a patient to another health care 945
practitioner for consultation or treatment when the chiropractor 946
knows or has reason to know that the referral is in the best 947
interest of the patient;948

       (30) Obtaining or attempting to obtain any fee or other 949
advantage by fraud or misrepresentation;950

       (31) Making misleading, deceptive, false, or fraudulent 951
representations in the practice of chiropractic or acupuncture;952

       (32) Being guilty of false, fraudulent, deceptive, or 953
misleading advertising or other solicitations for patients or 954
knowingly having professional connection with any person that 955
advertises or solicits for patients in such a manner;956

       (33) Violation of a provision of any code of ethics 957
established or adopted by the board under section 4734.16 of the 958
Revised Code;959

       (34) Failing to meet the examination requirements for receipt 960
of a license specified under section 4734.20 of the Revised Code;961

       (35) Actions taken for any reason, other than nonpayment of 962
fees, by the chiropractic or acupuncture licensing authority of 963
another state or country;964

       (36) Failing to maintain clean and sanitary conditions at the 965
clinic, office, or other place in which chiropractic services or 966
acupuncture services are provided;967

       (37) Except as provided in division (G) of this section:968

       (a) Waiving the payment of all or any part of a deductible or 969
copayment that a patient, pursuant to a health insurance or health 970
care policy, contract, or plan that covers the chiropractor's 971
services, otherwise would be required to pay if the waiver is used 972
as an enticement to a patient or group of patients to receive 973
health care services from that chiropractor;974

       (b) Advertising that the chiropractor will waive the payment 975
of all or any part of a deductible or copayment that a patient, 976
pursuant to a health insurance or health care policy, contract, or 977
plan that covers the chiropractor's services, otherwise would be 978
required to pay.979

       (38) Failure to supervise an oriental medicine practitioner 980
performing acupuncture or an acupuncturist in accordance with the 981
provisions of section 4762.11 of the Revised Code that are 982
applicable to thea supervising chiropractor of an acupuncturist.983

       (D) The adjudication requirements of Chapter 119. of the 984
Revised Code apply to the board when taking actions against an 985
individual under this section, except as follows:986

       (1) An applicant is not entitled to an adjudication for 987
failing to meet the conditions specified under section 4734.20 of 988
the Revised Code for receipt of a license that involve the board's 989
examination on jurisprudence or the examinations of the national 990
board of chiropractic examiners.991

       (2) A person is not entitled to an adjudication if the person 992
fails to make a timely request for a hearing, in accordance with 993
Chapter 119. of the Revised Code.994

       (3) In lieu of an adjudication, the board may accept the 995
surrender of a license to practice chiropractic or certificate to 996
practice acupuncture from a chiropractor.997

       (4) In lieu of an adjudication, the board may enter into a 998
consent agreement with an individual to resolve an allegation of a 999
violation of this chapter or any rule adopted under it. A consent 1000
agreement, when ratified by the board, shall constitute the 1001
findings and order of the board with respect to the matter 1002
addressed in the agreement. If the board refuses to ratify a 1003
consent agreement, the admissions and findings contained in the 1004
consent agreement shall be of no force or effect.1005

       (E) This section does not require the board to hire, contract 1006
with, or retain the services of an expert witness when the board 1007
takes action against a chiropractor concerning compliance with 1008
acceptable and prevailing standards of care in the practice of 1009
chiropractic or acupuncture. As part of an action taken concerning 1010
compliance with acceptable and prevailing standards of care, the 1011
board may rely on the knowledge of its members for purposes of 1012
making a determination of compliance, notwithstanding any expert 1013
testimony presented by the chiropractor that contradicts the 1014
knowledge and opinions of the members of the board.1015

       (F) The sealing of conviction records by a court shall have 1016
no effect on a prior board order entered under this section or on 1017
the board's jurisdiction to take action under this section if, 1018
based on a plea of guilty, a judicial finding of guilt, or a 1019
judicial finding of eligibility for intervention in lieu of 1020
conviction, the board issued a notice of opportunity for a hearing 1021
prior to the court's order to seal the records. The board shall 1022
not be required to seal, destroy, redact, or otherwise modify its 1023
records to reflect the court's sealing of conviction records.1024

       (G) Actions shall not be taken pursuant to division (C)(37) 1025
of this section against any chiropractor who waives deductibles 1026
and copayments as follows:1027

       (1) In compliance with the health benefit plan that expressly 1028
allows a practice of that nature. Waiver of the deductibles or 1029
copayments shall be made only with the full knowledge and consent 1030
of the plan purchaser, payer, and third-party administrator. 1031
Documentation of the consent shall be made available to the board 1032
upon request.1033

       (2) For professional services rendered to any other person 1034
licensed pursuant to this chapter, to the extent allowed by this 1035
chapter and the rules of the board.1036

       Sec. 4762.01.  As used in this chapter:1037

       (A) "Acupuncture" means a form of health care performed by 1038
the insertion and removal of specialized needles, with or without 1039
the applicationuse of moxibustion or electrical stimulation1040
supplemental techniques, to specific areas of the human body.1041

       (B) "Chiropractor" means an individual licensed under Chapter 1042
4734. of the Revised Code to engage in the practice of 1043
chiropractic.1044

       (C) "General nonmedical nutritional information" means 1045
information on any of the following:1046

        (1) Principles of good nutrition and food preparation;1047

        (2) Foods to be included in the normal daily diet;1048

        (3) Essential nutrients needed by the human body and 1049
recommended amounts of those nutrients;1050

        (4) Foods and supplements that are good sources of essential 1051
nutrients;1052

        (5) The actions of nutrients on the human body and the 1053
effects of nutrient deficiency and nutrient excess.1054

        (D) "Herbal therapy" means the use of foods, herbs, vitamins, 1055
minerals, organ extracts, and homeopathy.1056

       (E) "Homeopathy" means a noninvasive system of natural and 1057
alternative medicine that seeks to stimulate the human body's 1058
ability to heal itself through the use of small doses of highly 1059
diluted substances prepared from animal, vegetable, or mineral 1060
sources.1061

       (F) "Moxibustion" means the use of an herbal heat source on 1062
one or more acupuncture points.1063

       (D)(G) "Oriental medicine" means a form of health care in 1064
which acupuncture is performed with or without the use of herbal 1065
therapy.1066

       (H) "Physician" means an individual authorized under Chapter 1067
4731. of the Revised Code to practice medicine and surgery, 1068
osteopathic medicine and surgery, or podiatrypodiatric medicine 1069
and surgery.1070

       (I) "Supplemental techniques" means the use of general 1071
nonmedical nutritional information, traditional and modern 1072
oriental therapeutics, heat therapy, moxibustion, acupressure and 1073
other forms of Chinese massage, and educational information 1074
regarding lifestyle modifications.1075

       Sec. 4762.02.  (A) Except as provided in division (B), (C), 1076
or (D) of this section, no person shall engagedo either of the 1077
following: 1078

       (1) Engage in the practice of oriental medicine unless the 1079
person holds a valid certificate to practice as an oriental 1080
medicine practitioner issued by the state medical board under this 1081
chapter; 1082

       (2) Engage in the practice of acupuncture unless the person 1083
holds a valid certificate to practice as an acupuncturist issued 1084
by the state medical board under this chapter.1085

       (B) Division (A) of this section does not apply to the 1086
following:1087

       (1) Aa physician;.1088

       (2)(C) Division (A)(1) of this section does not apply to the 1089
following: 1090

       (1) A person who engages in activities included in the 1091
practice of oriental medicine as part of a training program in 1092
oriental medicine, but only if both of the following conditions 1093
are met: 1094

       (a) The training program is operated by an educational 1095
institution that holds an effective certificate of authorization 1096
issued by the Ohio board of regents under section 1713.02 of the 1097
Revised Code or a school that holds an effective certificate of 1098
registration issued by the state board of career colleges and 1099
schools under section 3332.05 of the Revised Code. 1100

       (b) The person engages in the activities under the general 1101
supervision of an individual who holds a certificate to practice 1102
as an oriental medicine practitioner issued under this chapter and 1103
is not practicing within the supervisory period required by 1104
section 4762.10 of the Revised Code. 1105

       (2) To the extent that acupuncture is a component of oriental 1106
medicine, an individual who holds a certificate to practice as an 1107
acupuncturist issued under this chapter or a chiropractor who 1108
holds a certificate to practice acupuncture issued by the state 1109
chiropractic board under section 4734.283 of the Revised Code. 1110

       (D) Division (A)(2) of this section does not apply to the 1111
following: 1112

       (1) A person who performs acupuncture as part of a training 1113
program in acupuncture, but only if both of the following 1114
conditions are met:1115

       (a) The training program is operated by an educational 1116
institution that holds an effective certificate of authorization 1117
issued by the Ohio board of regents under section 1713.02 of the 1118
Revised Code or a school that holds an effective certificate of 1119
registration issued by the state board of career colleges and 1120
schools under section 3332.05 of the Revised Code.1121

       (b) The person performs the acupuncture under the general 1122
supervision of an acupuncturist who holds a certificate to 1123
practice as an acupuncturist issued under this chapter and is not 1124
practicing within the supervisory period required by section 1125
4762.10 of the Revised Code.1126

       (3)(2) An individual who holds a certificate to practice as 1127
an oriental medicine practitioner issued under this chapter. 1128

       (3) A chiropractor who holds a certificate to practice 1129
acupuncture issued by the state chiropractic board under section 1130
4734.283 of the Revised Code.1131

       Sec. 4762.03.  (A) An individual seeking a certificate to 1132
practice as an oriental medicine practitioner or certificate to 1133
practice as an acupuncturist shall file with the state medical 1134
board a written application on a form prescribed and supplied by 1135
the board. The application shall include1136

       (B) To be eligible for the certificate to practice, an 1137
applicant shall meet all of the following conditions, as 1138
applicable:1139

       (1) EvidenceThe applicant shall submit evidence satisfactory 1140
to the board that the applicant is at least eighteen years of age 1141
and of good moral character;.1142

       (2) EvidenceIn the case of an applicant seeking a 1143
certificate to practice as an oriental medicine practitioner, the 1144
applicant shall submit evidence satisfactory to the board of both 1145
of the following:1146

       (a) That the applicant holds a current and active designation 1147
from the national certification commission for acupuncture and 1148
oriental medicine as either a diplomate in oriental medicine or 1149
diplomate of acupuncture and Chinese herbology;1150

       (b) That the applicant has successfully completed, in the 1151
two-year period immediately preceding application for the 1152
certificate to practice, one course approved by the commission on 1153
federal food and drug administration dispensary and compounding 1154
guidelines and procedures.1155

       (3) In the case of an applicant seeking a certificate to 1156
practice as an acupuncturist, the applicant shall submit evidence1157
satisfactory to the board that the applicant has been designated 1158
as a diplomate in acupuncture byholds a current and active 1159
designation from the national certification commission for 1160
acupuncture and oriental medicine and that the designation is 1161
current and active;1162

       (3) Anyas a diplomate in acupuncture.1163

       (4) The applicant shall demonstrate to the board proficiency 1164
in spoken English by either passing the examination described in 1165
section 4731.142 of the Revised Code or submitting evidence 1166
satisfactory to the board that the applicant was required to 1167
demonstrate proficiency in spoken English as a condition of 1168
obtaining designation from the national certification commission 1169
for acupuncture and oriental medicine as a diplomate in oriental 1170
medicine, diplomate of acupuncture and Chinese herbology, or 1171
diplomate in acupuncture.1172

       (5) The applicant shall submit to the board any other 1173
information the board requires.1174

       (6) The applicant shall pay to the board a fee of one hundred 1175
dollars, no part of which may be returned to the applicant.1176

       (B)(C) The board shall review all applications received under 1177
this section. The board shall determine whether an applicant meets 1178
the requirements to receive a certificate to practice not later 1179
than sixty days after receiving a complete application. The 1180
affirmative vote of not fewer than six members of the board is 1181
required to determine that an applicant meets the requirements for 1182
a certificate.1183

       (C) At the time of making application for a certificate to 1184
practice, the applicant shall pay the board a fee of one hundred 1185
dollars, no part of which shall be returned.1186

       Sec. 4762.031.  In addition to any other eligibility 1187
requirement set forth in this chapter, each applicant for a 1188
certificate to practice as an oriental medicine practitioner or1189
certificate to practice as an acupuncturist shall comply with 1190
sections 4776.01 to 4776.04 of the Revised Code. The state medical 1191
board shall not grant to an applicant a certificate to practice as 1192
an acupuncturist unless the board, in its discretion, decides that 1193
the results of the criminal records check do not make the 1194
applicant ineligible for a certificate issued pursuant to section 1195
4762.04 of the Revised Code.1196

       Sec. 4762.04.  If the state medical board determines under 1197
section 4762.03 of the Revised Code that an applicant meets the 1198
requirements for a certificate to practice as an oriental medicine 1199
practitioner or certificate to practice as an acupuncturist, the 1200
secretary of the board shall register the applicant as an oriental 1201
medicine practitioner or acupuncturist, as appropriate, and issue 1202
to the applicant athe appropriate certificate to practice as an 1203
acupuncturist. The certificate shall expire biennially and may be 1204
renewed in accordance with section 4762.06 of the Revised Code.1205

       Sec. 4762.05.  Upon application by the holder of a 1206
certificate to practice as an oriental medicine practitioner or1207
certificate to practice as an acupuncturist, the state medical 1208
board shall issue a duplicate certificate to replace one that is 1209
missing or damaged, to reflect a name change, or for any other 1210
reasonable cause. The fee for a duplicate certificate is 1211
thirty-five dollars.1212

       Sec. 4762.06.  (A) A person seeking to renew a certificate to 1213
practice as an oriental medicine practitioner or certificate to 1214
practice as an acupuncturist shall, on or before the thirty-first 1215
day of January of each even-numbered year, apply for renewal of 1216
the certificate. The state medical board shall send renewal 1217
notices at least one month prior to the expiration date.1218

       Applications shall be submitted to the board on forms the 1219
board shall prescribe and supply. Each application shall be 1220
accompanied by a biennial renewal fee of one hundred dollars.1221

       The applicant shall report any criminal offense that 1222
constitutes grounds for refusing to issue a certificate under 1223
section 4762.13 of the Revised Code to which the applicant has 1224
pleaded guilty, of which the applicant has been found guilty, or 1225
for which the applicant has been found eligible for intervention 1226
in lieu of conviction, since last signing an application for a 1227
certificate to practice as an oriental medicine practitioner or1228
certificate to practice as an acupuncturist.1229

       (B)(1) To be eligible for renewal of a certificate to 1230
practice as an oriental medicine practitioner, an applicant shall 1231
certify to the board both of the following, as applicable:1232

       (a) That the applicant has maintained a current and active 1233
designation from the national certification commission for 1234
acupuncture and oriental medicine as either a diplomate in 1235
oriental medicine or diplomate of acupuncture and Chinese 1236
herbology;1237

       (b) That the applicant has successfully completed one 1238
six-hour course in herb and drug interaction approved by the 1239
national certification commission for acupuncture and oriental 1240
medicine in the four years immediately preceding the expiration 1241
date of the applicant's current and active designation from the 1242
commission as a diplomate in oriental medicine or diplomate of 1243
acupuncture and Chinese herbology.1244

       (2) To be eligible for renewal,of a certificate to practice 1245
as an acupuncturist must, an applicant shall certify to the board 1246
that the acupuncturist has maintained the acupuncturist'sa 1247
current and active designation as a diplomate in acupuncture by1248
from the national certification commission for acupuncture and 1249
oriental medicine as a diplomate in acupuncture.1250

       (C) If an applicant submits a complete renewal application 1251
and qualifies for renewal pursuant to division (B) of this 1252
section, the board shall issue to the applicant a renewed 1253
certificate to practice as an acupuncturist.1254

       (D) A certificate to practice that is not renewed on or 1255
before its expiration date is automatically suspended on its 1256
expiration date. If a certificate has been suspended pursuant to 1257
this division for two years or less, the board shall reinstate the 1258
certificate upon an applicant's submission of a renewal 1259
application, the biennial renewal fee, and the applicable monetary 1260
penalty. The penalty for reinstatement is twenty-five dollars. If 1261
a certificate has been suspended pursuant to this division for 1262
more than two years, it may be restored upon an applicant's 1263
submission of a restoration application, the biennial registration 1264
fee, and the applicable monetary penalty and compliance with 1265
sections 4776.01 to 4776.04 of the Revised Code. The board shall 1266
not restore a certificate to practice unless the board, in its 1267
discretion, decides that the results of the criminal records check 1268
do not make the applicant ineligible for a certificate issued 1269
pursuant to section 4762.04 of the Revised Code. The penalty for 1270
restoration is fifty dollars.1271

       Sec. 4762.08. (A) A person who holds a certificate to 1272
practice as an oriental medicine practitioner issued under this 1273
chapter may use the following titles, initials, or abbreviations, 1274
or the equivalent of such titles, initials, or abbreviations, to 1275
identify the person as an oriental medicine practitioner: 1276
"Oriental Medicine Practitioner," "Licensed Oriental Medicine 1277
Practitioner," "L.O.M.," "Diplomate in Oriental Medicine 1278
(NCCAOM)," "Dipl. O.M. (NCCAOM)," "National Board Certified in 1279
Oriental Medicine (NCCAOM)," "Acupuncturist," "Licensed 1280
Acupuncturist," "L.Ac. and L.C.H.," "Diplomate of Acupuncture and 1281
Chinese Herbology (NCCAOM)," "Dipl. Ac. and Dipl. C.H. (NCCAOM)," 1282
or "National Board Certified in Acupuncture and Chinese Herbology 1283
(NCCAOM)." The person shall not use other titles, initials, or 1284
abbreviations in conjunction with the person's practice of 1285
oriental medicine, including the title "doctor." 1286

       (B) A person who holds a certificate to practice as an 1287
acupuncturist issued under this chapter may use the following 1288
titles, initials, or abbreviations, or the equivalent of such 1289
titles, initials, or abbreviations, to identify the person as an 1290
acupuncturist: "Acupuncturist," "Licensed Acupuncturist," "L.Ac.," 1291
"Diplomate ofin Acupuncture (NCCAOM)," "Dipl. Ac. (NCCAOM)," or 1292
"National Board Certified in Acupuncture (NCCAOM)." The person 1293
shall not use other titles, initials, or abbreviations in 1294
conjunction with the person's practice of acupuncture, including 1295
the title "doctor."1296

       Sec. 4762.09.  An acupuncturistindividual who holds a 1297
certificate to practice as an oriental medicine practitioner or 1298
certificate to practice as an acupuncturist issued under this 1299
chapter shall conspicuously display at the acupuncturist's1300
individual's primary place of business both of the following:1301

       (A) The acupuncturist'sindividual's certificate, as evidence 1302
that the acupuncturistindividual is authorized to practice1303
acupuncture in this state;1304

       (B) A notice specifying that the practice of oriental 1305
medicine or acupuncture, as applicable, under the certificate is 1306
regulated by the state medical board and the address and telephone 1307
number of the board's office.1308

       Sec. 4762.10. (A) As used in this section, "disciplinary 1309
action" means an action taken by the state medical board pursuant 1310
to section 4762.13 of the Revised Code.1311

       (B) TheThe following, as applicable, apply to an individual 1312
who holds a certificate to practice as an oriental medicine 1313
practitioner or certificate to practice as an acupuncturist:1314

       (A) On receipt of an initial certificate to practice, the1315
practice of anthe oriental medicine practitioner or acupuncturist 1316
is subject to a supervisory period if either of the following 1317
applies:1318

       (1) Except as otherwise provided in division (B)(1) of this 1319
section, if an acupuncturist practicing on the effective date of 1320
this amendment has practiced for less than one year and is not 1321
subject to any disciplinary action, supervision shall be for a 1322
period beginning on the effective date of this amendment and 1323
ending when the acupuncturist has practiced for one year from the 1324
date the initial certificate was granted. If the acupuncturist is 1325
subject to disciplinary action during that period, the supervision 1326
shall continue until the acupuncturist has not been subject to any 1327
disciplinary action for one year.1328

       (2) Except as otherwise provided in division (B)(2) of this 1329
section, if an acupuncturist is granted an initial certificate to 1330
practice on or after the effective date of this amendment, the. 1331
The supervisory period shall begin on the date the initial1332
certificate is granted and end one year thereafter. If, except 1333
that if the oriental medicine practitioner or acupuncturist is 1334
subject to disciplinary action during that year to disciplinary 1335
action taken by the state medical board pursuant to section 1336
4762.13 of the Revised Code, the supervision shall continue until 1337
the practitioner or acupuncturist has not been subject to any 1338
disciplinary action for one year.1339

       (C)(B) During an acupuncturist'sthe supervisory period, both 1340
of the following apply to thean oriental medicine practitioner's 1341
or acupuncturist's practice in addition to the applicable1342
requirements of divisiondivisions (D) and (E) of this section:1343

       (1) TheAn oriental medicine practitioner shall perform 1344
oriental medicine or acupuncture for a patient only if the patient 1345
has received a written referral or prescription for oriental 1346
medicine or acupuncture from a physician or for acupuncture from a 1347
chiropractor. An acupuncturist shall perform acupuncture for a 1348
patient only if the patient has received a written referral or 1349
prescription for acupuncture from a physician or chiropractor. As 1350
specified in the referral or prescription, the oriental medicine 1351
practitioner or acupuncturist shall provide reports to the 1352
physician or chiropractor on the patient's condition or progress 1353
in treatment and comply with the conditions or restrictions on the 1354
practitioner's or acupuncturist's course of treatment.1355

       (2) The oriental medicine practitioner or acupuncturist shall 1356
perform oriental medicine or acupuncture under the general 1357
supervision of the patient's referring or prescribing physician or 1358
chiropractor, except that an oriental medicine practitioner using 1359
herbal therapy in the treatment of a patient shall not provide 1360
herbal therapy under the general supervision of a chiropractor. 1361
General supervision does not require that the oriental medicine 1362
practitioner or acupuncturist and supervising physician or 1363
chiropractor practice in the same office.1364

       (D)(C) After an acupuncturist'sthe supervisory period has 1365
ended, both of the following apply to thean oriental medicine 1366
practitioner's or acupuncturist's practice in addition to the 1367
applicable requirements of divisiondivisions (D) and (E) of this 1368
section:1369

       (1) Before treating a patient for a particular condition, the1370
an oriental medicine practitioner or acupuncturist shall confirm 1371
whether the patient has undergone within the past six months a 1372
diagnostic examination that was related to the condition for which 1373
the patient is seeking oriental medicine or acupuncture and was 1374
performed by a physician or chiropractor acting within the 1375
physicianphysician's or chiropractor's scope of practice. 1376
Confirmation that the diagnostic examination was performed may be 1377
made by obtaining from the patient a signed form stating that the 1378
patient has undergone the examination.1379

       (2) If the patient does not provide the signed form specified 1380
in division (D)(C)(1) of this section or thean oriental medicine 1381
practitioner or acupuncturist otherwise determines that the 1382
patient has not undergone the diagnostic examination specified in 1383
that division, the practitioner or acupuncturist shall provide to 1384
the patient a written recommendation to undergo a diagnostic 1385
examination by a physician or chiropractor.1386

       (E)(D) In thean individual's practice of oriental medicine 1387
or acupuncture pursuant to a certificate to practice issued under 1388
this chapter, all of the following apply:1389

       (1) Prior to treating a patient, the acupuncturist1390
individual shall advise the patient that oriental medicine or1391
acupuncture, as applicable, is not a substitute for conventional 1392
medical diagnosis and treatment.1393

       (2) On initially meeting a patient in person, the1394
acupuncturistindividual shall provide in writing the 1395
acupuncturist'sindividual's name, business address, and business 1396
telephone number, and information on oriental medicine or1397
acupuncture, as applicable, including the techniques that are 1398
used.1399

       (3) While treating a patient, the acupuncturistindividual1400
shall not make a diagnosis. If a patient's condition is not 1401
improving or a patient requires emergency medical treatment, the1402
acupuncturistindividual shall consult promptly with a physician.1403

        (4) The acupuncturistindividual shall maintain records for 1404
each patient treated. The records shall be confidential and shall 1405
be retained for not less than three years following termination of 1406
treatment.1407

       During an acupuncturist's supervisory period, the 1408
acupuncturist. The individual shall include in a patient's records 1409
the written referral or prescription pursuant to which the 1410
acupuncturist is treating the patient is treated during a 1411
supervisory period and any written referral or prescription for 1412
oriental medicine or acupuncture received for a patient being 1413
treated after the supervisory period.1414

       (E) In an individual's practice of oriental medicine by using 1415
herbal therapy in the treatment of a patient, all of the following 1416
apply:1417

       (1) The oriental medicine practitioner shall provide to the 1418
patient counseling and treatment instructions. The treatment 1419
instructions shall do all of the following:1420

       (a) Explain the need for herbal therapy;1421

       (b) Instruct the patient how to take the herbal therapy;1422

       (c) Explain possible contraindications to the herbal therapy 1423
and provide sources of care in case of an adverse reaction;1424

       (d) Instruct the patient to inform the patient's other health 1425
care providers, including the patient's pharmacist, of the herbal 1426
therapy that has been provided to the patient.1427

       (2) The oriental medicine practitioner shall document all of 1428
the following in the patient's record:1429

       (a) The type, amount, and strength of herbal therapy 1430
recommended for the patient's use;1431

       (b) The counseling and treatment instructions provided to the 1432
patient under division (E)(1) of this section;1433

       (c) Any adverse reaction reported by the patient in 1434
conjunction with the use of herbal therapy.1435

       (3) The oriental medicine practitioner shall report to the 1436
state medical board any adverse reactions reported by the patient 1437
under division (E)(2)(c) of this section.1438

       Sec. 4762.11.  All of the following apply to a supervising1439
physician or chiropractor supervising an acupuncturist, as 1440
applicable, during thean oriental medicine practitioner's or1441
acupuncturist's supervisory period required by section 4762.10 of 1442
the Revised Code:1443

       (A) Before makinga physician makes the referral or issues a1444
prescription for oriental medicine or acupuncture, the physician 1445
shall perform a medical diagnostic examination of the patient or 1446
review the results of a medical diagnostic examination recently 1447
performed by another physician, or, in the case of. Before a 1448
chiropractor makes a referral or issues a prescription for 1449
oriental medicine or acupuncture, the chiropractor shall perform a 1450
chiropractic diagnostic examination of the patient or review the 1451
results of a chiropractic diagnostic examination recently 1452
performed by another chiropractor.1453

       (B) The physician or chiropractor shall make the referral or 1454
prescription in writing and specify in the referral or 1455
prescription all of the following:1456

       (1) The physician's or chiropractor's diagnosis of the 1457
ailment or condition that is to be treated by oriental medicine or1458
acupuncture;1459

       (2) A time by which or the intervals at which the oriental 1460
medicine practitioner or acupuncturist must provide reports to the 1461
physician or chiropractor regarding the patient's condition or 1462
progress in treatment;1463

       (3) The conditions or restrictions placed in accordance with 1464
division (C) of this section on the oriental medicine 1465
practitioner's or acupuncturist's course of treatment.1466

       (C) TheIn the case of a physician, the physician shall place 1467
conditions or restrictions on the oriental medicine practitioner's 1468
or acupuncturist's course of treatment in compliance with accepted 1469
or prevailing standards of medical care, or, in the case of a 1470
chiropractor, the chiropractor shall place conditions or 1471
restrictions on the practitioner's or acupuncturist's course of 1472
treatment in compliance with accepted or prevailing standards of 1473
chiropractic care.1474

       (D) The physician or chiropractor shall be personally 1475
available for consultation with the oriental medicine practitioner 1476
or acupuncturist. If the physician or chiropractor is not on the 1477
premises at which oriental medicine or acupuncture is performed, 1478
the physician or chiropractor shall be readily available to the 1479
practitioner or acupuncturist through some means of 1480
telecommunication and be in a location that under normal 1481
circumstances is not more than sixty minutes travel time away from 1482
the location where the practitioner or acupuncturist is 1483
practicing.1484

       (E) A chiropractor shall not supervise an oriental medicine 1485
practitioner in the practitioner's use of herbal therapy in the 1486
treatment of a patient.1487

       Sec. 4762.12.  In the case of a patient with a claim under 1488
Chapter 4121. or 4123. of the Revised Code, an acupuncturist'sa1489
supervising physician or chiropractor is eligible to be reimbursed 1490
for referring the patient to an oriental medicine practitioner or1491
acupuncturist or for prescribing oriental medicine or acupuncture 1492
for the patient only if the physician has attained knowledge in 1493
the treatment of patients with oriental medicine or acupuncture,1494
or the chiropractor has attained knowledge in the treatment of 1495
patients with acupuncture, as demonstrated by successful 1496
completion of a relevant course of study in acupuncture1497
administered by a college of medicine, osteopathic medicine, 1498
podiatric medicine, or chiropractic acceptable to the bureau of 1499
workers' compensation or administered by another entity acceptable 1500
to the bureau.1501

       Sec. 4762.13.  (A) The state medical board, by an affirmative 1502
vote of not fewer than six members, may revoke or may refuse to 1503
grant a certificate to practice as an oriental medicine 1504
practitioner or certificate to practice as an acupuncturist to a 1505
person found by the board to have committed fraud, 1506
misrepresentation, or deception in applying for or securing the 1507
certificate.1508

       (B) The board, by an affirmative vote of not fewer than six 1509
members, shall, to the extent permitted by law, limit, revoke, or 1510
suspend an individual's certificate to practice as an 1511
acupuncturist, refuse to issue a certificate to an applicant, 1512
refuse to reinstate a certificate, or reprimand or place on 1513
probation the holder of a certificate for any of the following 1514
reasons:1515

       (1) Permitting the holder's name or certificate to be used by 1516
another person;1517

       (2) Failure to comply with the requirements of this chapter, 1518
Chapter 4731. of the Revised Code, or any rules adopted by the 1519
board;1520

       (3) Violating or attempting to violate, directly or 1521
indirectly, or assisting in or abetting the violation of, or 1522
conspiring to violate, any provision of this chapter, Chapter 1523
4731. of the Revised Code, or the rules adopted by the board;1524

       (4) A departure from, or failure to conform to, minimal 1525
standards of care of similar practitioners under the same or 1526
similar circumstances whether or not actual injury to the patient 1527
is established;1528

       (5) Inability to practice according to acceptable and 1529
prevailing standards of care by reason of mental illness or 1530
physical illness, including physical deterioration that adversely 1531
affects cognitive, motor, or perceptive skills;1532

       (6) Impairment of ability to practice according to acceptable 1533
and prevailing standards of care because of habitual or excessive 1534
use or abuse of drugs, alcohol, or other substances that impair 1535
ability to practice;1536

       (7) Willfully betraying a professional confidence;1537

       (8) Making a false, fraudulent, deceptive, or misleading 1538
statement in soliciting or advertising for patients or in securing 1539
or attempting to secure a certificate to practice as an oriental 1540
medicine practitioner or certificate to practice as an 1541
acupuncturist.1542

       As used in this division, "false, fraudulent, deceptive, or 1543
misleading statement" means a statement that includes a 1544
misrepresentation of fact, is likely to mislead or deceive because 1545
of a failure to disclose material facts, is intended or is likely 1546
to create false or unjustified expectations of favorable results, 1547
or includes representations or implications that in reasonable 1548
probability will cause an ordinarily prudent person to 1549
misunderstand or be deceived.1550

       (9) Representing, with the purpose of obtaining compensation 1551
or other advantage personally or for any other person, that an 1552
incurable disease or injury, or other incurable condition, can be 1553
permanently cured;1554

       (10) The obtaining of, or attempting to obtain, money or a 1555
thing of value by fraudulent misrepresentations in the course of 1556
practice;1557

       (11) A plea of guilty to, a judicial finding of guilt of, or 1558
a judicial finding of eligibility for intervention in lieu of 1559
conviction for, a felony;1560

       (12) Commission of an act that constitutes a felony in this 1561
state, regardless of the jurisdiction in which the act was 1562
committed;1563

       (13) A plea of guilty to, a judicial finding of guilt of, or 1564
a judicial finding of eligibility for intervention in lieu of 1565
conviction for, a misdemeanor committed in the course of practice;1566

       (14) A plea of guilty to, a judicial finding of guilt of, or 1567
a judicial finding of eligibility for intervention in lieu of 1568
conviction for, a misdemeanor involving moral turpitude;1569

       (15) Commission of an act in the course of practice that 1570
constitutes a misdemeanor in this state, regardless of the 1571
jurisdiction in which the act was committed;1572

       (16) Commission of an act involving moral turpitude that 1573
constitutes a misdemeanor in this state, regardless of the 1574
jurisdiction in which the act was committed;1575

       (17) A plea of guilty to, a judicial finding of guilt of, or 1576
a judicial finding of eligibility for intervention in lieu of 1577
conviction for violating any state or federal law regulating the 1578
possession, distribution, or use of any drug, including 1579
trafficking in drugs;1580

       (18) Any of the following actions taken by the state agency 1581
responsible for regulating the practice of oriental medicine or1582
acupuncture in another jurisdiction, for any reason other than the 1583
nonpayment of fees: the limitation, revocation, or suspension of 1584
an individual's license to practice; acceptance of an individual's 1585
license surrender; denial of a license; refusal to renew or 1586
reinstate a license; imposition of probation; or issuance of an 1587
order of censure or other reprimand;1588

       (19) Violation of the conditions placed by the board on a 1589
certificate to practice as an oriental medicine practitioner or1590
certificate to practice as an acupuncturist;1591

       (20) Failure to use universal blood and body fluid 1592
precautions established by rules adopted under section 4731.051 of 1593
the Revised Code;1594

       (21) Failure to cooperate in an investigation conducted by 1595
the board under section 4762.14 of the Revised Code, including 1596
failure to comply with a subpoena or order issued by the board or 1597
failure to answer truthfully a question presented by the board at 1598
a deposition or in written interrogatories, except that failure to 1599
cooperate with an investigation shall not constitute grounds for 1600
discipline under this section if a court of competent jurisdiction 1601
has issued an order that either quashes a subpoena or permits the 1602
individual to withhold the testimony or evidence in issue;1603

       (22) Failure to comply with the standards of the national 1604
certification commission for acupuncture and oriental medicine 1605
regarding professional ethics, commitment to patients, commitment 1606
to the profession, and commitment to the public;1607

       (23) Failure to have adequate professional liability 1608
insurance coverage in accordance with section 4762.22 of the 1609
Revised Code;1610

       (24) Failure to maintain a current and active designation as 1611
a diplomate in oriental medicine, diplomate of acupuncture and 1612
Chinese herbology, or diplomate in acupuncture, as applicable, 1613
from the national certification commission for acupuncture and 1614
oriental medicine, including revocation by the commission of the 1615
individual's designation, failure by the individual to meet the 1616
commission's requirements for redesignation, or failure to notify 1617
the board that the appropriate designation has not been 1618
maintained.1619

       (C) Disciplinary actions taken by the board under divisions 1620
(A) and (B) of this section shall be taken pursuant to an 1621
adjudication under Chapter 119. of the Revised Code, except that 1622
in lieu of an adjudication, the board may enter into a consent 1623
agreement with an oriental medicine practitioner or acupuncturist 1624
or applicant to resolve an allegation of a violation of this 1625
chapter or any rule adopted under it. A consent agreement, when 1626
ratified by an affirmative vote of not fewer than six members of 1627
the board, shall constitute the findings and order of the board 1628
with respect to the matter addressed in the agreement. If the 1629
board refuses to ratify a consent agreement, the admissions and 1630
findings contained in the consent agreement shall be of no force 1631
or effect.1632

       (D) For purposes of divisions (B)(12), (15), and (16) of this 1633
section, the commission of the act may be established by a finding 1634
by the board, pursuant to an adjudication under Chapter 119. of 1635
the Revised Code, that the applicant or certificate holder 1636
committed the act in question. The board shall have no 1637
jurisdiction under these divisions in cases where the trial court 1638
renders a final judgment in the certificate holder's favor and 1639
that judgment is based upon an adjudication on the merits. The 1640
board shall have jurisdiction under these divisions in cases where 1641
the trial court issues an order of dismissal upon technical or 1642
procedural grounds.1643

       (E) The sealing of conviction records by any court shall have 1644
no effect upon a prior board order entered under the provisions of 1645
this section or upon the board's jurisdiction to take action under 1646
the provisions of this section if, based upon a plea of guilty, a 1647
judicial finding of guilt, or a judicial finding of eligibility 1648
for intervention in lieu of conviction, the board issued a notice 1649
of opportunity for a hearing or entered into a consent agreement1650
prior to the court's order to seal the records. The board shall 1651
not be required to seal, destroy, redact, or otherwise modify its 1652
records to reflect the court's sealing of conviction records.1653

       (F) For purposes of this division, any individual who holds a 1654
certificate to practice issued under this chapter, or applies for 1655
a certificate to practice, shall be deemed to have given consent 1656
to submit to a mental or physical examination when directed to do 1657
so in writing by the board and to have waived all objections to 1658
the admissibility of testimony or examination reports that 1659
constitute a privileged communication.1660

       (1) In enforcing division (B)(5) of this section, the board, 1661
upon a showing of a possible violation, may compel any individual 1662
who holds a certificate to practice issued under this chapter or 1663
who has applied for a certificate pursuant to this chapter to 1664
submit to a mental examination, physical examination, including an 1665
HIV test, or both a mental and physical examination. The expense 1666
of the examination is the responsibility of the individual 1667
compelled to be examined. Failure to submit to a mental or 1668
physical examination or consent to an HIV test ordered by the 1669
board constitutes an admission of the allegations against the 1670
individual unless the failure is due to circumstances beyond the 1671
individual's control, and a default and final order may be entered 1672
without the taking of testimony or presentation of evidence. If 1673
the board finds an oriental medicine practitioner or acupuncturist 1674
unable to practice because of the reasons set forth in division 1675
(B)(5) of this section, the board shall require the acupuncturist1676
individual to submit to care, counseling, or treatment by 1677
physicians approved or designated by the board, as a condition for 1678
an initial, continued, reinstated, or renewed certificate to 1679
practice. An individual affected by this division shall be 1680
afforded an opportunity to demonstrate to the board the ability to 1681
resume practicing in compliance with acceptable and prevailing 1682
standards of care.1683

       (2) For purposes of division (B)(6) of this section, if the 1684
board has reason to believe that any individual who holds a 1685
certificate to practice issued under this chapter or any applicant 1686
for a certificate suffers such impairment, the board may compel 1687
the individual to submit to a mental or physical examination, or 1688
both. The expense of the examination is the responsibility of the 1689
individual compelled to be examined. Any mental or physical 1690
examination required under this division shall be undertaken by a 1691
treatment provider or physician qualified to conduct such 1692
examination and chosen by the board.1693

       Failure to submit to a mental or physical examination ordered 1694
by the board constitutes an admission of the allegations against 1695
the individual unless the failure is due to circumstances beyond 1696
the individual's control, and a default and final order may be 1697
entered without the taking of testimony or presentation of 1698
evidence. If the board determines that the individual's ability to 1699
practice is impaired, the board shall suspend the individual's 1700
certificate or deny the individual's application and shall require 1701
the individual, as a condition for an initial, continued, 1702
reinstated, or renewed certificate, to submit to treatment.1703

       Before being eligible to apply for reinstatement of a 1704
certificate suspended under this division, the oriental medicine 1705
practitioner or acupuncturist shall demonstrate to the board the 1706
ability to resume practice in compliance with acceptable and 1707
prevailing standards of care. The demonstration shall include the 1708
following:1709

       (a) Certification from a treatment provider approved under 1710
section 4731.25 of the Revised Code that the individual has 1711
successfully completed any required inpatient treatment;1712

       (b) Evidence of continuing full compliance with an aftercare 1713
contract or consent agreement;1714

       (c) Two written reports indicating that the individual's 1715
ability to practice has been assessed and that the individual has 1716
been found capable of practicing according to acceptable and 1717
prevailing standards of care. The reports shall be made by 1718
individuals or providers approved by the board for making such 1719
assessments and shall describe the basis for their determination.1720

       The board may reinstate a certificate suspended under this 1721
division after such demonstration and after the individual has 1722
entered into a written consent agreement.1723

       When the impaired acupuncturistindividual resumes practice, 1724
the board shall require continued monitoring of the acupuncturist1725
individual. The monitoring shall include monitoring of compliance 1726
with the written consent agreement entered into before 1727
reinstatement or with conditions imposed by board order after a 1728
hearing, and, upon termination of the consent agreement, 1729
submission to the board for at least two years of annual written 1730
progress reports made under penalty of falsification stating 1731
whether the acupuncturistindividual has maintained sobriety.1732

       (G) If the secretary and supervising member determine that 1733
thereboth of the following, they may recommend that the board 1734
suspend an individual's certificate to practice without a prior 1735
hearing:1736

       (1) That there is clear and convincing evidence that an 1737
oriental medicine practitioner or acupuncturist has violated 1738
division (B) of this section and that;1739

       (2) That the individual's continued practice presents a 1740
danger of immediate and serious harm to the public, they may 1741
recommend that the board suspend the individual's certificate to 1742
practice without a prior hearing. Written1743

       Written allegations shall be prepared for consideration by 1744
the board. The1745

       The board, upon review of the allegations and by an 1746
affirmative vote of not fewer than six of its members, excluding 1747
the secretary and supervising member, may suspend a certificate 1748
without a prior hearing. A telephone conference call may be 1749
utilized for reviewing the allegations and taking the vote on the 1750
summary suspension.1751

       The board shall issue a written order of suspension by 1752
certified mail or in person in accordance with section 119.07 of 1753
the Revised Code. The order shall not be subject to suspension by 1754
the court during pendency of any appeal filed under section 119.12 1755
of the Revised Code. If the oriental medicine practitioner or1756
acupuncturist requests an adjudicatory hearing by the board, the 1757
date set for the hearing shall be within fifteen days, but not 1758
earlier than seven days, after the acupuncturist requests the 1759
hearing is requested, unless otherwise agreed to by both the board 1760
and the certificate holder.1761

       A summary suspension imposed under this division shall remain 1762
in effect, unless reversed on appeal, until a final adjudicative 1763
order issued by the board pursuant to this section and Chapter 1764
119. of the Revised Code becomes effective. The board shall issue 1765
its final adjudicative order within sixty days after completion of 1766
its hearing. Failure to issue the order within sixty days shall 1767
result in dissolution of the summary suspension order, but shall 1768
not invalidate any subsequent, final adjudicative order.1769

       (H) If the board takes action under division (B)(11), (13), 1770
or (14) of this section, and the judicial finding of guilt, guilty 1771
plea, or judicial finding of eligibility for intervention in lieu 1772
of conviction is overturned on appeal, upon exhaustion of the 1773
criminal appeal, a petition for reconsideration of the order may 1774
be filed with the board along with appropriate court documents. 1775
Upon receipt of a petition and supporting court documents, the 1776
board shall reinstate the certificate to practice. The board may 1777
then hold an adjudication under Chapter 119. of the Revised Code 1778
to determine whether the individual committed the act in question. 1779
Notice of opportunity for hearing shall be given in accordance 1780
with Chapter 119. of the Revised Code. If the board finds, 1781
pursuant to an adjudication held under this division, that the 1782
individual committed the act, or if no hearing is requested, it 1783
may order any of the sanctions specified in division (B) of this 1784
section.1785

       (I) The certificate to practice of an oriental medicine 1786
practitioner or acupuncturist and the practitioner's or1787
acupuncturist's practice in this state are automatically suspended 1788
as of the date the practitioner or acupuncturist pleads guilty to, 1789
is found by a judge or jury to be guilty of, or is subject to a 1790
judicial finding of eligibility for intervention in lieu of 1791
conviction in this state or treatment or intervention in lieu of 1792
conviction in another jurisdiction for any of the following 1793
criminal offenses in this state or a substantially equivalent 1794
criminal offense in another jurisdiction: aggravated murder, 1795
murder, voluntary manslaughter, felonious assault, kidnapping, 1796
rape, sexual battery, gross sexual imposition, aggravated arson, 1797
aggravated robbery, or aggravated burglary. Continued practice 1798
after the suspension shall be considered practicing without a 1799
certificate.1800

       The board shall notify the individual subject to the 1801
suspension by certified mail or in person in accordance with 1802
section 119.07 of the Revised Code. If an individual whose 1803
certificate is suspended under this division fails to make a 1804
timely request for an adjudication under Chapter 119. of the 1805
Revised Code, the board shall enter a final order permanently 1806
revoking the individual's certificate to practice.1807

       (J) In any instance in which the board is required by Chapter 1808
119. of the Revised Code to give notice of opportunity for hearing 1809
and the individual subject to the notice does not timely request a 1810
hearing in accordance with section 119.07 of the Revised Code, the 1811
board is not required to hold a hearing, but may adopt, by an 1812
affirmative vote of not fewer than six of its members, a final 1813
order that contains the board's findings. In the final order, the 1814
board may order any of the sanctions identified under division (A) 1815
or (B) of this section.1816

       (K) Any action taken by the board under division (B) of this 1817
section resulting in a suspension shall be accompanied by a 1818
written statement of the conditions under which the 1819
acupuncturist's certificate to practice may be reinstated. The 1820
board shall adopt rules in accordance with Chapter 119. of the 1821
Revised Code governing conditions to be imposed for reinstatement. 1822
Reinstatement of a certificate suspended pursuant to division (B) 1823
of this section requires an affirmative vote of not fewer than six 1824
members of the board.1825

       (L) When the board refuses to grant a certificate to practice 1826
as an acupuncturist to an applicant, revokes an individual's 1827
certificate, refuses to renew a certificate, or refuses to 1828
reinstate an individual's certificate, the board may specify that 1829
its action is permanent. An individual subject to a permanent 1830
action taken by the board is forever thereafter ineligible to hold 1831
a certificate to practice as an oriental medicine practitioner or1832
certificate to practice as an acupuncturist and the board shall 1833
not accept an application for reinstatement of the certificate or 1834
for issuance of a new certificate.1835

       (M) Notwithstanding any other provision of the Revised Code, 1836
all of the following apply:1837

       (1) The surrender of a certificate to practice as an oriental 1838
medicine practitioner or certificate to practice as an 1839
acupuncturist issued under this chapter is not effective unless or 1840
until accepted by the board. Reinstatement of a certificate 1841
surrendered to the board requires an affirmative vote of not fewer 1842
than six members of the board.1843

       (2) An application made under this chapter for a certificate 1844
may not be withdrawn without approval of the board.1845

       (3) Failure by an individual to renew a certificate in 1846
accordance with section 4762.06 of the Revised Code shall not 1847
remove or limit the board's jurisdiction to take disciplinary 1848
action under this section against the individual.1849

       Sec. 4762.131.  On receipt of a notice pursuant to section 1850
2301.3733123.43 of the Revised Code, the state medical board 1851
shall comply with that sectionsections 3123.41 to 3123.50 of the 1852
Revised Code and any applicable rules adopted under section 1853
3123.63 of the Revised Code with respect to a certificate to 1854
practice as an oriental medicine practitioner or certificate to 1855
practice as an acupuncturist issued pursuant to this chapter.1856

       Sec. 4762.132.  If the state medical board has reason to 1857
believe that any person who has been granted under this chapter a 1858
certificate to practice as an oriental medicine practitioner or1859
certificate to practice as an acupuncturist is mentally ill or 1860
mentally incompetent, it may file in the probate court of the 1861
county in which the person has a legal residence an affidavit in 1862
the form prescribed in section 5122.11 of the Revised Code and 1863
signed by the board secretary or a member of the board secretary's 1864
staff, whereupon the same proceedings shall be had as provided in 1865
Chapter 5122. of the Revised Code. The attorney general may 1866
represent the board in any proceeding commenced under this 1867
section.1868

       If any person who has been granted a certificate is adjudged 1869
by a probate court to be mentally ill or mentally incompetent, the 1870
person's certificate shall be automatically suspended until the 1871
person has filed with the state medical board a certified copy of 1872
an adjudication by a probate court of the person's subsequent 1873
restoration to competency or has submitted to the board proof, 1874
satisfactory to the board, that the person has been discharged as 1875
having a restoration to competency in the manner and form provided 1876
in section 5122.38 of the Revised Code. The judge of the probate 1877
court shall forthwith notify the state medical board of an 1878
adjudication of mental illness or mental incompetence, and shall 1879
note any suspension of a certificate in the margin of the court's 1880
record of such certificate.1881

       Sec. 4762.14.  (A) The state medical board shall investigate 1882
evidence that appears to show that any person has violated this 1883
chapter or the rules adopted under it. Any person may report to 1884
the board in a signed writing any information the person has that 1885
appears to show a violation of any provision of this chapter or 1886
the rules adopted under it. In the absence of bad faith, a person 1887
who reports such information or testifies before the board in an 1888
adjudication conducted under Chapter 119. of the Revised Code 1889
shall not be liable for civil damages as a result of reporting the 1890
information or providing testimony. Each complaint or allegation 1891
of a violation received by the board shall be assigned a case 1892
number and be recorded by the board.1893

       (B) Investigations of alleged violations of this chapter or 1894
rules adopted under it shall be supervised by the supervising 1895
member elected by the board in accordance with section 4731.02 of 1896
the Revised Code and by the secretary as provided in section 1897
4762.15 of the Revised Code. The board's president may designate 1898
another member of the board to supervise the investigation in 1899
place of the supervising member. A member of the board who 1900
supervises the investigation of a case shall not participate in 1901
further adjudication of the case.1902

       (C) In investigating a possible violation of this chapter or 1903
the rules adopted under it, the board may administer oaths, order 1904
the taking of depositions, issue subpoenas, and compel the 1905
attendance of witnesses and production of books, accounts, papers, 1906
records, documents, and testimony, except that a subpoena for 1907
patient record information shall not be issued without 1908
consultation with the attorney general's office and approval of 1909
the secretary and supervising member of the board. Before issuance 1910
of a subpoena for patient record information, the secretary and 1911
supervising member shall determine whether there is probable cause 1912
to believe that the complaint filed alleges a violation of this 1913
chapter or the rules adopted under it and that the records sought 1914
are relevant to the alleged violation and material to the 1915
investigation. The subpoena may apply only to records that cover a 1916
reasonable period of time surrounding the alleged violation.1917

       On failure to comply with any subpoena issued by the board 1918
and after reasonable notice to the person being subpoenaed, the 1919
board may move for an order compelling the production of persons 1920
or records pursuant to the Rules of Civil Procedure.1921

       A subpoena issued by the board may be served by a sheriff, 1922
the sheriff's deputy, or a board employee designated by the board. 1923
Service of a subpoena issued by the board may be made by 1924
delivering a copy of the subpoena to the person named therein, 1925
reading it to the person, or leaving it at the person's usual 1926
place of residence. When the person being served is an oriental 1927
medicine practitioner or acupuncturist, service of the subpoena 1928
may be made by certified mail, restricted delivery, return receipt 1929
requested, and the subpoena shall be deemed served on the date 1930
delivery is made or the date the person refuses to accept 1931
delivery.1932

       A sheriff's deputy who serves a subpoena shall receive the 1933
same fees as a sheriff. Each witness who appears before the board 1934
in obedience to a subpoena shall receive the fees and mileage 1935
provided for under section 119.094 of the Revised Code.1936

       (D) All hearings and investigations of the board shall be 1937
considered civil actions for the purposes of section 2305.252 of 1938
the Revised Code.1939

       (E) Information received by the board pursuant to an 1940
investigation is confidential and not subject to discovery in any 1941
civil action.1942

       The board shall conduct all investigations and proceedings in 1943
a manner that protects the confidentiality of patients and persons 1944
who file complaints with the board. The board shall not make 1945
public the names or any other identifying information about 1946
patients or complainants unless proper consent is given.1947

       The board may share any information it receives pursuant to 1948
an investigation, including patient records and patient record 1949
information, with law enforcement agencies, other licensing 1950
boards, and other governmental agencies that are prosecuting, 1951
adjudicating, or investigating alleged violations of statutes or 1952
administrative rules. An agency or board that receives the 1953
information shall comply with the same requirements regarding 1954
confidentiality as those with which the state medical board must 1955
comply, notwithstanding any conflicting provision of the Revised 1956
Code or procedure of the agency or board that applies when it is 1957
dealing with other information in its possession. In a judicial 1958
proceeding, the information may be admitted into evidence only in 1959
accordance with the Rules of Evidence, but the court shall require 1960
that appropriate measures are taken to ensure that confidentiality 1961
is maintained with respect to any part of the information that 1962
contains names or other identifying information about patients or 1963
complainants whose confidentiality was protected by the state 1964
medical board when the information was in the board's possession. 1965
Measures to ensure confidentiality that may be taken by the court 1966
include sealing its records or deleting specific information from 1967
its records.1968

       (F) The state medical board shall develop requirements for 1969
and provide appropriate initial training and continuing education 1970
for investigators employed by the board to carry out its duties 1971
under this chapter. The training and continuing education may 1972
include enrollment in courses operated or approved by the Ohio 1973
peace officer training council that the board considers 1974
appropriate under conditions set forth in section 109.79 of the 1975
Revised Code.1976

       (G) On a quarterly basis, the board shall prepare a report 1977
that documents the disposition of all cases during the preceding 1978
three months. The report shall contain the following information 1979
for each case with which the board has completed its activities:1980

       (1) The case number assigned to the complaint or alleged 1981
violation;1982

       (2) The type of certificate to practice, if any, held by the 1983
individual against whom the complaint is directed;1984

       (3) A description of the allegations contained in the 1985
complaint;1986

       (4) The disposition of the case.1987

       The report shall state how many cases are still pending, and 1988
shall be prepared in a manner that protects the identity of each 1989
person involved in each case. The report is a public record for 1990
purposes of section 149.43 of the Revised Code.1991

       Sec. 4762.15.  (A) As used in this section, "prosecutor" has 1992
the same meaning as in section 2935.01 of the Revised Code.1993

       (B) Whenever any person holding a valid certificate to 1994
practice as an oriental medicine practitioner or valid certificate 1995
to practice as an acupuncturist issued pursuant to this chapter 1996
pleads guilty to, is subject to a judicial finding of guilt of, or 1997
is subject to a judicial finding of eligibility for intervention 1998
in lieu of conviction for a violation of Chapter 2907., 2925., or 1999
3719. of the Revised Code or of any substantively comparable 2000
ordinance of a municipal corporation in connection with the 2001
person's practice, the prosecutor in the case, on forms prescribed 2002
and provided by the state medical board, shall promptly notify the 2003
board of the conviction. Within thirty days of receipt of that 2004
information, the board shall initiate action in accordance with 2005
Chapter 119. of the Revised Code to determine whether to suspend 2006
or revoke the certificate under section 4762.13 of the Revised 2007
Code.2008

       (C) The prosecutor in any case against any person holding a 2009
valid certificate to practice issued pursuant to this chapter, on 2010
forms prescribed and provided by the state medical board, shall 2011
notify the board of any of the following:2012

       (1) A plea of guilty to, a finding of guilt by a jury or 2013
court of, or judicial finding of eligibility for intervention in 2014
lieu of conviction for a felony, or a case in which the trial 2015
court issues an order of dismissal upon technical or procedural 2016
grounds of a felony charge;2017

       (2) A plea of guilty to, a finding of guilt by a jury or 2018
court of, or judicial finding of eligibility for intervention in 2019
lieu of conviction for a misdemeanor committed in the course of 2020
practice, or a case in which the trial court issues an order of 2021
dismissal upon technical or procedural grounds of a charge of a 2022
misdemeanor, if the alleged act was committed in the course of 2023
practice;2024

       (3) A plea of guilty to, a finding of guilt by a jury or 2025
court of, or judicial finding of eligibility for intervention in 2026
lieu of conviction for a misdemeanor involving moral turpitude, or 2027
a case in which the trial court issues an order of dismissal upon 2028
technical or procedural grounds of a charge of a misdemeanor 2029
involving moral turpitude.2030

       The report shall include the name and address of the 2031
certificate holder, the nature of the offense for which the action 2032
was taken, and the certified court documents recording the action.2033

       Sec. 4762.16.  (A) Within sixty days after the imposition of 2034
any formal disciplinary action taken by any health care facility, 2035
including a hospital, health care facility operated by a health 2036
insuring corporation, ambulatory surgical center, or similar 2037
facility, against any individual holding a valid certificate to 2038
practice as an oriental medicine practitioner or valid certificate 2039
to practice as an acupuncturist, the chief administrator or 2040
executive officer of the facility shall report to the state 2041
medical board the name of the individual, the action taken by the 2042
facility, and a summary of the underlying facts leading to the 2043
action taken. Upon request, the board shall be provided certified 2044
copies of the patient records that were the basis for the 2045
facility's action. Prior to release to the board, the summary 2046
shall be approved by the peer review committee that reviewed the 2047
case or by the governing board of the facility.2048

       The filing of a report with the board or decision not to file 2049
a report, investigation by the board, or any disciplinary action 2050
taken by the board, does not preclude a health care facility from 2051
taking disciplinary action against an oriental medicine 2052
practitioner or acupuncturist.2053

       In the absence of fraud or bad faith, no individual or entity 2054
that provides patient records to the board shall be liable in 2055
damages to any person as a result of providing the records.2056

       (B) An oriental medicine practitioner or acupuncturist, 2057
professional association or society of oriental medicine 2058
practitioners or acupuncturists, physician, or professional 2059
association or society of physicians that believes a violation of 2060
any provision of this chapter, Chapter 4731. of the Revised Code, 2061
or rule of the board has occurred shall report to the board the 2062
information upon which the belief is based. This division does not 2063
require any treatment provider approved by the board under section 2064
4731.25 of the Revised Code or any employee, agent, or 2065
representative of such a provider to make reports with respect to 2066
an oriental medicine practitioner or acupuncturist participating 2067
in treatment or aftercare for substance abuse as long as the 2068
practitioner or acupuncturist maintains participation in 2069
accordance with the requirements of section 4731.25 of the Revised 2070
Code and the treatment provider or employee, agent, or 2071
representative of the provider has no reason to believe that the 2072
practitioner or acupuncturist has violated any provision of this 2073
chapter or rule adopted under it, other than being impaired by 2074
alcohol, drugs, or other substances. This division does not 2075
require reporting by any member of an impaired practitioner 2076
committee established by a health care facility or by any 2077
representative or agent of a committee or program sponsored by a 2078
professional association or society of oriental medicine 2079
practitioners or acupuncturists to provide peer assistance to 2080
oriental medicine practitioners or acupuncturists with substance 2081
abuse problems with respect to an oriental medicine practitioner 2082
or acupuncturist who has been referred for examination to a 2083
treatment program approved by the board under section 4731.25 of 2084
the Revised Code if the acupuncturistindividual cooperates with 2085
the referral for examination and with any determination that the 2086
acupuncturistindividual should enter treatment and as long as 2087
the committee member, representative, or agent has no reason to 2088
believe that the acupuncturistindividual has ceased to 2089
participate in the treatment program in accordance with section 2090
4731.25 of the Revised Code or has violated any provision of this 2091
chapter or rule adopted under it, other than being impaired by 2092
alcohol, drugs, or other substances.2093

       (C) Any professional association or society composed 2094
primarily of oriental medicine practitioners or acupuncturists 2095
that suspends or revokes an individual's membership for violations 2096
of professional ethics, or for reasons of professional 2097
incompetence or professional malpractice, within sixty days after 2098
a final decision, shall report to the board, on forms prescribed 2099
and provided by the board, the name of the individual, the action 2100
taken by the professional organization, and a summary of the 2101
underlying facts leading to the action taken.2102

       The filing of a report with the board or decision not to file 2103
a report, investigation by the board, or any disciplinary action 2104
taken by the board, does not preclude a professional organization 2105
from taking disciplinary action against an acupuncturist2106
individual.2107

       (D) Any insurer providing professional liability insurance to 2108
any person holding a valid certificate to practice as an oriental 2109
medicine practitioner or valid certificate to practice as an 2110
acupuncturist or any other entity that seeks to indemnify the 2111
professional liability of an oriental medicine practitioner or2112
acupuncturist shall notify the board within thirty days after the 2113
final disposition of any written claim for damages where such 2114
disposition results in a payment exceeding twenty-five thousand 2115
dollars. The notice shall contain the following information:2116

       (1) The name and address of the person submitting the 2117
notification;2118

       (2) The name and address of the insured who is the subject of 2119
the claim;2120

       (3) The name of the person filing the written claim;2121

       (4) The date of final disposition;2122

       (5) If applicable, the identity of the court in which the 2123
final disposition of the claim took place.2124

       (E) The board may investigate possible violations of this 2125
chapter or the rules adopted under it that are brought to its 2126
attention as a result of the reporting requirements of this 2127
section, except that the board shall conduct an investigation if a 2128
possible violation involves repeated malpractice. As used in this 2129
division, "repeated malpractice" means three or more claims for 2130
malpractice within the previous five-year period, each resulting 2131
in a judgment or settlement in excess of twenty-five thousand 2132
dollars in favor of the claimant, and each involving negligent 2133
conduct by the oriental medicine practitioner or acupuncturist.2134

       (F) All summaries, reports, and records received and 2135
maintained by the board pursuant to this section shall be held in 2136
confidence and shall not be subject to discovery or introduction 2137
in evidence in any federal or state civil action involving an 2138
oriental medicine practitioner, acupuncturist, supervising 2139
physician, or health care facility arising out of matters that are 2140
the subject of the reporting required by this section. The board 2141
may use the information obtained only as the basis for an 2142
investigation, as evidence in a disciplinary hearing against an 2143
oriental medicine practitioner, acupuncturist, or supervising 2144
physician, or in any subsequent trial or appeal of a board action 2145
or order.2146

       The board may disclose the summaries and reports it receives 2147
under this section only to health care facility committees within 2148
or outside this state that are involved in credentialing or 2149
recredentialing an oriental medicine practitioner, acupuncturist,2150
or supervising physician or reviewing their privilege to practice 2151
within a particular facility. The board shall indicate whether or 2152
not the information has been verified. Information transmitted by 2153
the board shall be subject to the same confidentiality provisions 2154
as when maintained by the board.2155

       (G) Except for reports filed by an individual pursuant to 2156
division (B) of this section, the board shall send a copy of any 2157
reports or summaries it receives pursuant to this section to the 2158
acupuncturist. The oriental medicine practitioner or acupuncturist 2159
shall have the right to file a statement with the board concerning 2160
the correctness or relevance of the information. The statement 2161
shall at all times accompany that part of the record in 2162
contention.2163

       (H) An individual or entity that reports to the board or 2164
refers an impaired oriental medicine practitioner or impaired 2165
acupuncturist to a treatment provider approved by the board under 2166
section 4731.25 of the Revised Code shall not be subject to suit 2167
for civil damages as a result of the report, referral, or 2168
provision of the information.2169

       (I) In the absence of fraud or bad faith, a professional 2170
association or society of oriental medicine practitioners or2171
acupuncturists that sponsors a committee or program to provide 2172
peer assistance to an oriental medicine practitioner or2173
acupuncturist with substance abuse problems, a representative or 2174
agent of such a committee or program, and a member of the state 2175
medical board shall not be held liable in damages to any person by 2176
reason of actions taken to refer an oriental medicine practitioner 2177
or acupuncturist to a treatment provider approved under section 2178
4731.25 of the Revised Code for examination or treatment.2179

       Sec. 4762.17.  The secretary of the state medical board shall 2180
enforce the laws relating to the practice of oriental medicine and2181
acupuncture. If the secretary has knowledge or notice of a 2182
violation of this chapter or the rules adopted under it, the 2183
secretary shall investigate the matter, and, upon probable cause 2184
appearing, file a complaint and prosecute the offender. When 2185
requested by the secretary, the prosecuting attorney of the proper 2186
county shall take charge of and conduct the prosecution.2187

       Sec. 4762.18.  (A) Subject to division (E) of this section, 2188
the attorney general, the prosecuting attorney of any county in 2189
which the offense was committed or the offender resides, the state 2190
medical board, or any other person having knowledge of a person 2191
engaged either directly or by complicity in the practice of 2192
oriental medicine or acupuncture without having first obtained a 2193
certificate to do so pursuant to this chapter, may, in accord with 2194
provisions of the Revised Code governing injunctions, maintain an 2195
action in the name of the state to enjoin any person from engaging 2196
either directly or by complicity in the unlawful practice of 2197
oriental medicine or acupuncture by applying for an injunction in 2198
any court of competent jurisdiction.2199

       (B) Prior to application for an injunction under division (A) 2200
of this section, the secretary of the state medical board shall 2201
notify the person allegedly engaged either directly or by 2202
complicity in the unlawful practice of oriental medicine or2203
acupuncture by registered mail that the secretary has received 2204
information indicating that this person is so engaged. The person 2205
shall answer the secretary within thirty days showing that the 2206
person is either properly licensed for the stated activity or that 2207
the person is not in violation of this chapter. If the answer is 2208
not forthcoming within thirty days after notice by the secretary, 2209
the secretary shall request that the attorney general, the 2210
prosecuting attorney of the county in which the offense was 2211
committed or the offender resides, or the state medical board 2212
proceed as authorized in this section.2213

       (C) Upon the filing of a verified petition in court, the 2214
court shall conduct a hearing on the petition and shall give the 2215
same preference to this proceeding as is given all proceedings 2216
under Chapter 119. of the Revised Code, irrespective of the 2217
position of the proceeding on the calendar of the court.2218

       (D) Injunction proceedings as authorized by this section 2219
shall be in addition to, and not in lieu of, all penalties and 2220
other remedies provided in this chapter.2221

       (E) An injunction proceeding permitted by division (A) of 2222
this section may not be maintained against a person described in 2223
division (B) of section 4762.02 of the Revised Code or a 2224
chiropractor who holds a valid certificate to practice acupuncture 2225
issued under section 4734.283 of the Revised Code.2226

       Sec. 4762.19.  The state medical board may adopt any rules 2227
necessary to govern the practice of oriental medicine, the 2228
practice of acupuncture, the supervisory relationship between 2229
oriental medicine practitioners or acupuncturists and supervising 2230
physicians, the use of herbal therapy by oriental medicine 2231
practitioners, and the administration and enforcement of this 2232
chapter. Rules adopted under this section shall be adopted in 2233
accordance with Chapter 119. of the Revised Code.2234

       Sec. 4762.22.  An acupuncturistindividual who holds a 2235
certificate to practice as an oriental medicine practitioner or 2236
certificate to practice as an acupuncturist issued under this 2237
chapter shall have professional liability insurance coverage in an 2238
amount that is not less than five hundred thousand dollars.2239

       Section 2. That existing sections 4731.02, 4731.06, 4731.07, 2240
4731.22, 4731.36, 4734.31, 4762.01, 4762.02, 4762.03, 4762.031, 2241
4762.04, 4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 4762.11, 2242
4762.12, 4762.13, 4762.131, 4762.132, 4762.14, 4762.15, 4762.16, 2243
4762.17, 4762.18, 4762.19, and 4762.22 and section 4731.04 of the 2244
Revised Code are hereby repealed.2245

       Section 3.  Section 4731.22 of the Revised Code is presented 2246
in this act as a composite of the section as amended by both H.B. 2247
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General 2248
Assembly, applying the principle stated in division (B) of section 2249
1.52 of the Revised Code that amendments are to be harmonized if 2250
reasonably capable of simultaneous operation, finds that the 2251
composite is the resulting version of the section in effect prior 2252
to the effective date of the section as presented in this act.2253