As Reported by the Senate Health, Human Services and Aging Committee

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 and licenses issued under Chapter 4778. of the 37
Revised Code. The register shall show the name of the applicant 38
and whether the applicant was granted or refused a certificate or 39
license. With respect to applicants to practice medicine and 40
surgery or osteopathic medicine and surgery, the register shall 41
show the name of the institution that granted the applicant the 42
degree of doctor of medicine or osteopathic medicine. The books 43
and records of the board shall be prima-facie evidence of matters 44
therein contained.45

       Sec. 4731.22.  (A) The state medical board, by an affirmative 46
vote of not fewer than six of its members, may revoke or may 47
refuse to grant a certificate to a person found by the board to 48
have committed fraud during the administration of the examination 49
for a certificate to practice or to have committed fraud, 50
misrepresentation, or deception in applying for or securing any 51
certificate to practice or certificate of registration issued by 52
the board.53

       (B) The board, by an affirmative vote of not fewer than six 54
members, shall, to the extent permitted by law, limit, revoke, or 55
suspend an individual's certificate to practice, refuse to 56
register an individual, refuse to reinstate a certificate, or 57
reprimand or place on probation the holder of a certificate for 58
one or more of the following reasons:59

       (1) Permitting one's name or one's certificate to practice or 60
certificate of registration to be used by a person, group, or 61
corporation when the individual concerned is not actually 62
directing the treatment given;63

       (2) Failure to maintain minimal standards applicable to the 64
selection or administration of drugs, or failure to employ 65
acceptable scientific methods in the selection of drugs or other 66
modalities for treatment of disease;67

       (3) Selling, giving away, personally furnishing, prescribing, 68
or administering drugs for other than legal and legitimate 69
therapeutic purposes or a plea of guilty to, a judicial finding of 70
guilt of, or a judicial finding of eligibility for intervention in 71
lieu of conviction of, a violation of any federal or state law 72
regulating the possession, distribution, or use of any drug;73

       (4) Willfully betraying a professional confidence.74

       For purposes of this division, "willfully betraying a 75
professional confidence" does not include providing any 76
information, documents, or reports to a child fatality review 77
board under sections 307.621 to 307.629 of the Revised Code and 78
does not include the making of a report of an employee's use of a 79
drug of abuse, or a report of a condition of an employee other 80
than one involving the use of a drug of abuse, to the employer of 81
the employee as described in division (B) of section 2305.33 of 82
the Revised Code. Nothing in this division affects the immunity 83
from civil liability conferred by that section upon a physician 84
who makes either type of report in accordance with division (B) of 85
that section. As used in this division, "employee," "employer," 86
and "physician" have the same meanings as in section 2305.33 of 87
the Revised Code.88

       (5) Making a false, fraudulent, deceptive, or misleading 89
statement in the solicitation of or advertising for patients; in 90
relation to the practice of medicine and surgery, osteopathic 91
medicine and surgery, podiatric medicine and surgery, or a limited 92
branch of medicine; or in securing or attempting to secure any 93
certificate to practice or certificate of registration issued by 94
the board.95

       As used in this division, "false, fraudulent, deceptive, or 96
misleading statement" means a statement that includes a 97
misrepresentation of fact, is likely to mislead or deceive because 98
of a failure to disclose material facts, is intended or is likely 99
to create false or unjustified expectations of favorable results, 100
or includes representations or implications that in reasonable 101
probability will cause an ordinarily prudent person to 102
misunderstand or be deceived.103

       (6) A departure from, or the failure to conform to, minimal 104
standards of care of similar practitioners under the same or 105
similar circumstances, whether or not actual injury to a patient 106
is established;107

       (7) Representing, with the purpose of obtaining compensation 108
or other advantage as personal gain or for any other person, that 109
an incurable disease or injury, or other incurable condition, can 110
be permanently cured;111

       (8) The obtaining of, or attempting to obtain, money or 112
anything of value by fraudulent misrepresentations in the course 113
of practice;114

       (9) A plea of guilty to, a judicial finding of guilt of, or a 115
judicial finding of eligibility for intervention in lieu of 116
conviction for, a felony;117

       (10) Commission of an act that constitutes a felony in this 118
state, regardless of the jurisdiction in which the act was 119
committed;120

       (11) A plea of guilty to, a judicial finding of guilt of, or 121
a judicial finding of eligibility for intervention in lieu of 122
conviction for, a misdemeanor committed in the course of practice;123

       (12) Commission of an act in the course of practice that 124
constitutes a misdemeanor in this state, regardless of the 125
jurisdiction in which the act was committed;126

       (13) A plea of guilty to, a judicial finding of guilt of, or 127
a judicial finding of eligibility for intervention in lieu of 128
conviction for, a misdemeanor involving moral turpitude;129

       (14) Commission of an act involving moral turpitude that 130
constitutes a misdemeanor in this state, regardless of the 131
jurisdiction in which the act was committed;132

       (15) Violation of the conditions of limitation placed by the 133
board upon a certificate to practice;134

       (16) Failure to pay license renewal fees specified in this 135
chapter;136

       (17) Except as authorized in section 4731.31 of the Revised 137
Code, engaging in the division of fees for referral of patients, 138
or the receiving of a thing of value in return for a specific 139
referral of a patient to utilize a particular service or business;140

       (18) Subject to section 4731.226 of the Revised Code, 141
violation of any provision of a code of ethics of the American 142
medical association, the American osteopathic association, the 143
American podiatric medical association, or any other national 144
professional organizations that the board specifies by rule. The 145
state medical board shall obtain and keep on file current copies 146
of the codes of ethics of the various national professional 147
organizations. The individual whose certificate is being suspended 148
or revoked shall not be found to have violated any provision of a 149
code of ethics of an organization not appropriate to the 150
individual's profession.151

       For purposes of this division, a "provision of a code of 152
ethics of a national professional organization" does not include 153
any provision that would preclude the making of a report by a 154
physician of an employee's use of a drug of abuse, or of a 155
condition of an employee other than one involving the use of a 156
drug of abuse, to the employer of the employee as described in 157
division (B) of section 2305.33 of the Revised Code. Nothing in 158
this division affects the immunity from civil liability conferred 159
by that section upon a physician who makes either type of report 160
in accordance with division (B) of that section. As used in this 161
division, "employee," "employer," and "physician" have the same 162
meanings as in section 2305.33 of the Revised Code.163

       (19) Inability to practice according to acceptable and 164
prevailing standards of care by reason of mental illness or 165
physical illness, including, but not limited to, physical 166
deterioration that adversely affects cognitive, motor, or 167
perceptive skills.168

       In enforcing this division, the board, upon a showing of a 169
possible violation, may compel any individual authorized to 170
practice by this chapter or who has submitted an application 171
pursuant to this chapter to submit to a mental examination, 172
physical examination, including an HIV test, or both a mental and 173
a physical examination. The expense of the examination is the 174
responsibility of the individual compelled to be examined. Failure 175
to submit to a mental or physical examination or consent to an HIV 176
test ordered by the board constitutes an admission of the 177
allegations against the individual unless the failure is due to 178
circumstances beyond the individual's control, and a default and 179
final order may be entered without the taking of testimony or 180
presentation of evidence. If the board finds an individual unable 181
to practice because of the reasons set forth in this division, the 182
board shall require the individual to submit to care, counseling, 183
or treatment by physicians approved or designated by the board, as 184
a condition for initial, continued, reinstated, or renewed 185
authority to practice. An individual affected under this division 186
shall be afforded an opportunity to demonstrate to the board the 187
ability to resume practice in compliance with acceptable and 188
prevailing standards under the provisions of the individual's 189
certificate. For the purpose of this division, any individual who 190
applies for or receives a certificate to practice under this 191
chapter accepts the privilege of practicing in this state and, by 192
so doing, shall be deemed to have given consent to submit to a 193
mental or physical examination when directed to do so in writing 194
by the board, and to have waived all objections to the 195
admissibility of testimony or examination reports that constitute 196
a privileged communication.197

       (20) Except when civil penalties are imposed under section 198
4731.225 or 4731.281 of the Revised Code, and subject to section 199
4731.226 of the Revised Code, violating or attempting to violate, 200
directly or indirectly, or assisting in or abetting the violation 201
of, or conspiring to violate, any provisions of this chapter or 202
any rule promulgated by the board.203

       This division does not apply to a violation or attempted 204
violation of, assisting in or abetting the violation of, or a 205
conspiracy to violate, any provision of this chapter or any rule 206
adopted by the board that would preclude the making of a report by 207
a physician of an employee's use of a drug of abuse, or of a 208
condition of an employee other than one involving the use of a 209
drug of abuse, to the employer of the employee as described in 210
division (B) of section 2305.33 of the Revised Code. Nothing in 211
this division affects the immunity from civil liability conferred 212
by that section upon a physician who makes either type of report 213
in accordance with division (B) of that section. As used in this 214
division, "employee," "employer," and "physician" have the same 215
meanings as in section 2305.33 of the Revised Code.216

       (21) The violation of section 3701.79 of the Revised Code or 217
of any abortion rule adopted by the director of health pursuant to 218
section 3701.341 of the Revised Code;219

       (22) Any of the following actions taken by an agency 220
responsible for authorizing, certifying, or regulating an 221
individual to practice a health care occupation or provide health 222
care services in this state or another jurisdiction, for any 223
reason other than the nonpayment of fees: the limitation, 224
revocation, or suspension of an individual's license to practice; 225
acceptance of an individual's license surrender; denial of a 226
license; refusal to renew or reinstate a license; imposition of 227
probation; or issuance of an order of censure or other reprimand;228

       (23) The violation of section 2919.12 of the Revised Code or 229
the performance or inducement of an abortion upon a pregnant woman 230
with actual knowledge that the conditions specified in division 231
(B) of section 2317.56 of the Revised Code have not been satisfied 232
or with a heedless indifference as to whether those conditions 233
have been satisfied, unless an affirmative defense as specified in 234
division (H)(2) of that section would apply in a civil action 235
authorized by division (H)(1) of that section;236

       (24) The revocation, suspension, restriction, reduction, or 237
termination of clinical privileges by the United States department 238
of defense or department of veterans affairs or the termination or 239
suspension of a certificate of registration to prescribe drugs by 240
the drug enforcement administration of the United States 241
department of justice;242

       (25) Termination or suspension from participation in the 243
medicare or medicaid programs by the department of health and 244
human services or other responsible agency for any act or acts 245
that also would constitute a violation of division (B)(2), (3), 246
(6), (8), or (19) of this section;247

       (26) Impairment of ability to practice according to 248
acceptable and prevailing standards of care because of habitual or 249
excessive use or abuse of drugs, alcohol, or other substances that 250
impair ability to practice.251

       For the purposes of this division, any individual authorized 252
to practice by this chapter accepts the privilege of practicing in 253
this state subject to supervision by the board. By filing an 254
application for or holding a certificate to practice under this 255
chapter, an individual shall be deemed to have given consent to 256
submit to a mental or physical examination when ordered to do so 257
by the board in writing, and to have waived all objections to the 258
admissibility of testimony or examination reports that constitute 259
privileged communications.260

       If it has reason to believe that any individual authorized to 261
practice by this chapter or any applicant for certification to 262
practice suffers such impairment, the board may compel the 263
individual to submit to a mental or physical examination, or both. 264
The expense of the examination is the responsibility of the 265
individual compelled to be examined. Any mental or physical 266
examination required under this division shall be undertaken by a 267
treatment provider or physician who is qualified to conduct the 268
examination and who is chosen by the board.269

       Failure to submit to a mental or physical examination ordered 270
by the board constitutes an admission of the allegations against 271
the individual unless the failure is due to circumstances beyond 272
the individual's control, and a default and final order may be 273
entered without the taking of testimony or presentation of 274
evidence. If the board determines that the individual's ability to 275
practice is impaired, the board shall suspend the individual's 276
certificate or deny the individual's application and shall require 277
the individual, as a condition for initial, continued, reinstated, 278
or renewed certification to practice, to submit to treatment.279

       Before being eligible to apply for reinstatement of a 280
certificate suspended under this division, the impaired 281
practitioner shall demonstrate to the board the ability to resume 282
practice in compliance with acceptable and prevailing standards of 283
care under the provisions of the practitioner's certificate. The 284
demonstration shall include, but shall not be limited to, the 285
following:286

       (a) Certification from a treatment provider approved under 287
section 4731.25 of the Revised Code that the individual has 288
successfully completed any required inpatient treatment;289

       (b) Evidence of continuing full compliance with an aftercare 290
contract or consent agreement;291

       (c) Two written reports indicating that the individual's 292
ability to practice has been assessed and that the individual has 293
been found capable of practicing according to acceptable and 294
prevailing standards of care. The reports shall be made by 295
individuals or providers approved by the board for making the 296
assessments and shall describe the basis for their determination.297

       The board may reinstate a certificate suspended under this 298
division after that demonstration and after the individual has 299
entered into a written consent agreement.300

       When the impaired practitioner resumes practice, the board 301
shall require continued monitoring of the individual. The 302
monitoring shall include, but not be limited to, compliance with 303
the written consent agreement entered into before reinstatement or 304
with conditions imposed by board order after a hearing, and, upon 305
termination of the consent agreement, submission to the board for 306
at least two years of annual written progress reports made under 307
penalty of perjury stating whether the individual has maintained 308
sobriety.309

       (27) A second or subsequent violation of section 4731.66 or 310
4731.69 of the Revised Code;311

       (28) Except as provided in division (N) of this section:312

       (a) Waiving the payment of all or any part of a deductible or 313
copayment that a patient, pursuant to a health insurance or health 314
care policy, contract, or plan that covers the individual's 315
services, otherwise would be required to pay if the waiver is used 316
as an enticement to a patient or group of patients to receive 317
health care services from that individual;318

       (b) Advertising that the individual will waive the payment of 319
all or any part of a deductible or copayment that a patient, 320
pursuant to a health insurance or health care policy, contract, or 321
plan that covers the individual's services, otherwise would be 322
required to pay.323

       (29) Failure to use universal blood and body fluid 324
precautions established by rules adopted under section 4731.051 of 325
the Revised Code;326

       (30) Failure to provide notice to, and receive acknowledgment 327
of the notice from, a patient when required by section 4731.143 of 328
the Revised Code prior to providing nonemergency professional 329
services, or failure to maintain that notice in the patient's 330
file;331

       (31) Failure of a physician supervising a physician assistant 332
to maintain supervision in accordance with the requirements of 333
Chapter 4730. of the Revised Code and the rules adopted under that 334
chapter;335

       (32) Failure of a physician or podiatrist to enter into a 336
standard care arrangement with a clinical nurse specialist, 337
certified nurse-midwife, or certified nurse practitioner with whom 338
the physician or podiatrist is in collaboration pursuant to 339
section 4731.27 of the Revised Code or failure to fulfill the 340
responsibilities of collaboration after entering into a standard 341
care arrangement;342

       (33) Failure to comply with the terms of a consult agreement 343
entered into with a pharmacist pursuant to section 4729.39 of the 344
Revised Code;345

       (34) Failure to cooperate in an investigation conducted by 346
the board under division (F) of this section, including failure to 347
comply with a subpoena or order issued by the board or failure to 348
answer truthfully a question presented by the board at a 349
deposition or in written interrogatories, except that failure to 350
cooperate with an investigation shall not constitute grounds for 351
discipline under this section if a court of competent jurisdiction 352
has issued an order that either quashes a subpoena or permits the 353
individual to withhold the testimony or evidence in issue;354

       (35) Failure to supervise an oriental medicine practitioner 355
or acupuncturist in accordance with Chapter 4762. of the Revised 356
Code and the board's rules for providing that supervision of an 357
acupuncturist;358

       (36) Failure to supervise an anesthesiologist assistant in 359
accordance with Chapter 4760. of the Revised Code and the board's 360
rules for supervision of an anesthesiologist assistant;361

       (37) Assisting suicide as defined in section 3795.01 of the 362
Revised Code;363

       (38) Failure to comply with the requirements of section 364
2317.561 of the Revised Code;365

       (39) Failure to supervise a radiologist assistant in 366
accordance with Chapter 4774. of the Revised Code and the board's 367
rules for supervision of radiologist assistants;368

       (40) Performing or inducing an abortion at an office or 369
facility with knowledge that the office or facility fails to post 370
the notice required under section 3701.791 of the Revised Code;371

       (41) Failure to comply with the standards and procedures 372
established in rules under section 4731.054 of the Revised Code 373
for the operation of or the provision of care at a pain management 374
clinic;375

        (42) Failure to comply with the standards and procedures 376
established in rules under section 4731.054 of the Revised Code 377
for providing supervision, direction, and control of individuals 378
at a pain management clinic;379

       (43) Failure to comply with the requirements of section 380
4729.79 of the Revised Code, unless the state board of pharmacy no 381
longer maintains a drug database pursuant to section 4729.75 of 382
the Revised Code;383

       (44) Failure to comply with the requirements of section 384
2919.171 of the Revised Code or failure to submit to the 385
department of health in accordance with a court order a complete 386
report as described in section 2919.171 of the Revised Code;387

       (45) Failure to supervise a genetic counselor holding a 388
supervised practice license in accordance with Chapter 4778. of 389
the Revised Code and the board's rules for supervision of the 390
genetic counselor;391

       (46) Failure to fulfill the responsibilities of collaboration 392
after entering into a collaborative agreement with a genetic 393
counselor under division (B) of section 4778.11 of the Revised 394
Code or failure to comply with the board's rules regarding such 395
agreements.396

       (C) Disciplinary actions taken by the board under divisions 397
(A) and (B) of this section shall be taken pursuant to an 398
adjudication under Chapter 119. of the Revised Code, except that 399
in lieu of an adjudication, the board may enter into a consent 400
agreement with an individual to resolve an allegation of a 401
violation of this chapter or any rule adopted under it. A consent 402
agreement, when ratified by an affirmative vote of not fewer than 403
six members of the board, shall constitute the findings and order 404
of the board with respect to the matter addressed in the 405
agreement. If the board refuses to ratify a consent agreement, the 406
admissions and findings contained in the consent agreement shall 407
be of no force or effect.408

       A telephone conference call may be utilized for ratification 409
of a consent agreement that revokes or suspends an individual's 410
certificate to practice. The telephone conference call shall be 411
considered a special meeting under division (F) of section 121.22 412
of the Revised Code.413

       If the board takes disciplinary action against an individual 414
under division (B) of this section for a second or subsequent plea 415
of guilty to, or judicial finding of guilt of, a violation of 416
section 2919.123 of the Revised Code, the disciplinary action 417
shall consist of a suspension of the individual's certificate to 418
practice for a period of at least one year or, if determined 419
appropriate by the board, a more serious sanction involving the 420
individual's certificate to practice. Any consent agreement 421
entered into under this division with an individual that pertains 422
to a second or subsequent plea of guilty to, or judicial finding 423
of guilt of, a violation of that section shall provide for a 424
suspension of the individual's certificate to practice for a 425
period of at least one year or, if determined appropriate by the 426
board, a more serious sanction involving the individual's 427
certificate to practice.428

       (D) For purposes of divisions (B)(10), (12), and (14) of this 429
section, the commission of the act may be established by a finding 430
by the board, pursuant to an adjudication under Chapter 119. of 431
the Revised Code, that the individual committed the act. The board 432
does not have jurisdiction under those divisions if the trial 433
court renders a final judgment in the individual's favor and that 434
judgment is based upon an adjudication on the merits. The board 435
has jurisdiction under those divisions if the trial court issues 436
an order of dismissal upon technical or procedural grounds.437

       (E) The sealing of conviction records by any court shall have 438
no effect upon a prior board order entered under this section or 439
upon the board's jurisdiction to take action under this section 440
if, based upon a plea of guilty, a judicial finding of guilt, or a 441
judicial finding of eligibility for intervention in lieu of 442
conviction, the board issued a notice of opportunity for a hearing 443
prior to the court's order to seal the records. The board shall 444
not be required to seal, destroy, redact, or otherwise modify its 445
records to reflect the court's sealing of conviction records.446

       (F)(1) The board shall investigate evidence that appears to 447
show that a person has violated any provision of this chapter or 448
any rule adopted under it. Any person may report to the board in a 449
signed writing any information that the person may have that 450
appears to show a violation of any provision of this chapter or 451
any rule adopted under it. In the absence of bad faith, any person 452
who reports information of that nature or who testifies before the 453
board in any adjudication conducted under Chapter 119. of the 454
Revised Code shall not be liable in damages in a civil action as a 455
result of the report or testimony. Each complaint or allegation of 456
a violation received by the board shall be assigned a case number 457
and shall be recorded by the board.458

       (2) Investigations of alleged violations of this chapter or 459
any rule adopted under it shall be supervised by the supervising 460
member elected by the board in accordance with section 4731.02 of 461
the Revised Code and by the secretary as provided in section 462
4731.39 of the Revised Code. The president may designate another 463
member of the board to supervise the investigation in place of the 464
supervising member. No member of the board who supervises the 465
investigation of a case shall participate in further adjudication 466
of the case.467

       (3) In investigating a possible violation of this chapter or 468
any rule adopted under this chapter, the board may administer 469
oaths, order the taking of depositions, inspect and copy any 470
books, accounts, papers, records, or documents, issue subpoenas, 471
and compel the attendance of witnesses and production of books, 472
accounts, papers, records, documents, and testimony, except that a 473
subpoena for patient record information shall not be issued 474
without consultation with the attorney general's office and 475
approval of the secretary and supervising member of the board. 476
Before issuance of a subpoena for patient record information, the 477
secretary and supervising member shall determine whether there is 478
probable cause to believe that the complaint filed alleges a 479
violation of this chapter or any rule adopted under it and that 480
the records sought are relevant to the alleged violation and 481
material to the investigation. The subpoena may apply only to 482
records that cover a reasonable period of time surrounding the 483
alleged violation.484

       On failure to comply with any subpoena issued by the board 485
and after reasonable notice to the person being subpoenaed, the 486
board may move for an order compelling the production of persons 487
or records pursuant to the Rules of Civil Procedure.488

       A subpoena issued by the board may be served by a sheriff, 489
the sheriff's deputy, or a board employee designated by the board. 490
Service of a subpoena issued by the board may be made by 491
delivering a copy of the subpoena to the person named therein, 492
reading it to the person, or leaving it at the person's usual 493
place of residence. When the person being served is a person whose 494
practice is authorized by this chapter, service of the subpoena 495
may be made by certified mail, restricted delivery, return receipt 496
requested, and the subpoena shall be deemed served on the date 497
delivery is made or the date the person refuses to accept 498
delivery.499

       A sheriff's deputy who serves a subpoena shall receive the 500
same fees as a sheriff. Each witness who appears before the board 501
in obedience to a subpoena shall receive the fees and mileage 502
provided for under section 119.094 of the Revised Code.503

       (4) All hearings and investigations of the board shall be 504
considered civil actions for the purposes of section 2305.252 of 505
the Revised Code.506

       (5) Information received by the board pursuant to an 507
investigation is confidential and not subject to discovery in any 508
civil action.509

       The board shall conduct all investigations and proceedings in 510
a manner that protects the confidentiality of patients and persons 511
who file complaints with the board. The board shall not make 512
public the names or any other identifying information about 513
patients or complainants unless proper consent is given or, in the 514
case of a patient, a waiver of the patient privilege exists under 515
division (B) of section 2317.02 of the Revised Code, except that 516
consent or a waiver of that nature is not required if the board 517
possesses reliable and substantial evidence that no bona fide 518
physician-patient relationship exists.519

       The board may share any information it receives pursuant to 520
an investigation, including patient records and patient record 521
information, with law enforcement agencies, other licensing 522
boards, and other governmental agencies that are prosecuting, 523
adjudicating, or investigating alleged violations of statutes or 524
administrative rules. An agency or board that receives the 525
information shall comply with the same requirements regarding 526
confidentiality as those with which the state medical board must 527
comply, notwithstanding any conflicting provision of the Revised 528
Code or procedure of the agency or board that applies when it is 529
dealing with other information in its possession. In a judicial 530
proceeding, the information may be admitted into evidence only in 531
accordance with the Rules of Evidence, but the court shall require 532
that appropriate measures are taken to ensure that confidentiality 533
is maintained with respect to any part of the information that 534
contains names or other identifying information about patients or 535
complainants whose confidentiality was protected by the state 536
medical board when the information was in the board's possession. 537
Measures to ensure confidentiality that may be taken by the court 538
include sealing its records or deleting specific information from 539
its records.540

       (6) On a quarterly basis, the board shall prepare a report 541
that documents the disposition of all cases during the preceding 542
three months. The report shall contain the following information 543
for each case with which the board has completed its activities:544

       (a) The case number assigned to the complaint or alleged 545
violation;546

       (b) The type of certificate to practice, if any, held by the 547
individual against whom the complaint is directed;548

       (c) A description of the allegations contained in the 549
complaint;550

       (d) The disposition of the case.551

       The report shall state how many cases are still pending and 552
shall be prepared in a manner that protects the identity of each 553
person involved in each case. The report shall be a public record 554
under section 149.43 of the Revised Code.555

       (G) If the secretary and supervising member determine both of 556
the following, they may recommend that the board suspend an 557
individual's certificate to practice without a prior hearing:558

       (1) That there is clear and convincing evidence that an 559
individual has violated division (B) of this section;560

       (2) That the individual's continued practice presents a 561
danger of immediate and serious harm to the public. 562

        Written allegations shall be prepared for consideration by 563
the board. The board, upon review of those allegations and by an 564
affirmative vote of not fewer than six of its members, excluding 565
the secretary and supervising member, may suspend a certificate 566
without a prior hearing. A telephone conference call may be 567
utilized for reviewing the allegations and taking the vote on the 568
summary suspension.569

       The board shall issue a written order of suspension by 570
certified mail or in person in accordance with section 119.07 of 571
the Revised Code. The order shall not be subject to suspension by 572
the court during pendency of any appeal filed under section 119.12 573
of the Revised Code. If the individual subject to the summary 574
suspension requests an adjudicatory hearing by the board, the date 575
set for the hearing shall be within fifteen days, but not earlier 576
than seven days, after the individual requests the hearing, unless 577
otherwise agreed to by both the board and the individual.578

       Any summary suspension imposed under this division shall 579
remain in effect, unless reversed on appeal, until a final 580
adjudicative order issued by the board pursuant to this section 581
and Chapter 119. of the Revised Code becomes effective. The board 582
shall issue its final adjudicative order within seventy-five days 583
after completion of its hearing. A failure to issue the order 584
within seventy-five days shall result in dissolution of the 585
summary suspension order but shall not invalidate any subsequent, 586
final adjudicative order.587

       (H) If the board takes action under division (B)(9), (11), or 588
(13) of this section and the judicial finding of guilt, guilty 589
plea, or judicial finding of eligibility for intervention in lieu 590
of conviction is overturned on appeal, upon exhaustion of the 591
criminal appeal, a petition for reconsideration of the order may 592
be filed with the board along with appropriate court documents. 593
Upon receipt of a petition of that nature and supporting court 594
documents, the board shall reinstate the individual's certificate 595
to practice. The board may then hold an adjudication under Chapter 596
119. of the Revised Code to determine whether the individual 597
committed the act in question. Notice of an opportunity for a 598
hearing shall be given in accordance with Chapter 119. of the 599
Revised Code. If the board finds, pursuant to an adjudication held 600
under this division, that the individual committed the act or if 601
no hearing is requested, the board may order any of the sanctions 602
identified under division (B) of this section.603

       (I) The certificate to practice issued to an individual under 604
this chapter and the individual's practice in this state are 605
automatically suspended as of the date of the individual's second 606
or subsequent plea of guilty to, or judicial finding of guilt of, 607
a violation of section 2919.123 of the Revised Code, or the date 608
the individual pleads guilty to, is found by a judge or jury to be 609
guilty of, or is subject to a judicial finding of eligibility for 610
intervention in lieu of conviction in this state or treatment or 611
intervention in lieu of conviction in another jurisdiction for any 612
of the following criminal offenses in this state or a 613
substantially equivalent criminal offense in another jurisdiction: 614
aggravated murder, murder, voluntary manslaughter, felonious 615
assault, kidnapping, rape, sexual battery, gross sexual 616
imposition, aggravated arson, aggravated robbery, or aggravated 617
burglary. Continued practice after suspension shall be considered 618
practicing without a certificate.619

       The board shall notify the individual subject to the 620
suspension by certified mail or in person in accordance with 621
section 119.07 of the Revised Code. If an individual whose 622
certificate is automatically suspended under this division fails 623
to make a timely request for an adjudication under Chapter 119. of 624
the Revised Code, the board shall do whichever of the following is 625
applicable:626

       (1) If the automatic suspension under this division is for a 627
second or subsequent plea of guilty to, or judicial finding of 628
guilt of, a violation of section 2919.123 of the Revised Code, the 629
board shall enter an order suspending the individual's certificate 630
to practice for a period of at least one year or, if determined 631
appropriate by the board, imposing a more serious sanction 632
involving the individual's certificate to practice.633

       (2) In all circumstances in which division (I)(1) of this 634
section does not apply, enter a final order permanently revoking 635
the individual's certificate to practice.636

       (J) If the board is required by Chapter 119. of the Revised 637
Code to give notice of an opportunity for a hearing and if the 638
individual subject to the notice does not timely request a hearing 639
in accordance with section 119.07 of the Revised Code, the board 640
is not required to hold a hearing, but may adopt, by an 641
affirmative vote of not fewer than six of its members, a final 642
order that contains the board's findings. In that final order, the 643
board may order any of the sanctions identified under division (A) 644
or (B) of this section.645

       (K) Any action taken by the board under division (B) of this 646
section resulting in a suspension from practice shall be 647
accompanied by a written statement of the conditions under which 648
the individual's certificate to practice may be reinstated. The 649
board shall adopt rules governing conditions to be imposed for 650
reinstatement. Reinstatement of a certificate suspended pursuant 651
to division (B) of this section requires an affirmative vote of 652
not fewer than six members of the board.653

       (L) When the board refuses to grant a certificate to an 654
applicant, revokes an individual's certificate to practice, 655
refuses to register an applicant, or refuses to reinstate an 656
individual's certificate to practice, the board may specify that 657
its action is permanent. An individual subject to a permanent 658
action taken by the board is forever thereafter ineligible to hold 659
a certificate to practice and the board shall not accept an 660
application for reinstatement of the certificate or for issuance 661
of a new certificate.662

       (M) Notwithstanding any other provision of the Revised Code, 663
all of the following apply:664

       (1) The surrender of a certificate issued under this chapter 665
shall not be effective unless or until accepted by the board. A 666
telephone conference call may be utilized for acceptance of the 667
surrender of an individual's certificate to practice. The 668
telephone conference call shall be considered a special meeting 669
under division (F) of section 121.22 of the Revised Code. 670
Reinstatement of a certificate surrendered to the board requires 671
an affirmative vote of not fewer than six members of the board.672

       (2) An application for a certificate made under the 673
provisions of this chapter may not be withdrawn without approval 674
of the board.675

       (3) Failure by an individual to renew a certificate of 676
registration in accordance with this chapter shall not remove or 677
limit the board's jurisdiction to take any disciplinary action 678
under this section against the individual.679

       (N) Sanctions shall not be imposed under division (B)(28) of 680
this section against any person who waives deductibles and 681
copayments as follows:682

       (1) In compliance with the health benefit plan that expressly 683
allows such a practice. Waiver of the deductibles or copayments 684
shall be made only with the full knowledge and consent of the plan 685
purchaser, payer, and third-party administrator. Documentation of 686
the consent shall be made available to the board upon request.687

       (2) For professional services rendered to any other person 688
authorized to practice pursuant to this chapter, to the extent 689
allowed by this chapter and rules adopted by the board.690

       (O) Under the board's investigative duties described in this 691
section and subject to division (F) of this section, the board 692
shall develop and implement a quality intervention program 693
designed to improve through remedial education the clinical and 694
communication skills of individuals authorized under this chapter 695
to practice medicine and surgery, osteopathic medicine and 696
surgery, and podiatric medicine and surgery. In developing and 697
implementing the quality intervention program, the board may do 698
all of the following:699

       (1) Offer in appropriate cases as determined by the board an 700
educational and assessment program pursuant to an investigation 701
the board conducts under this section;702

       (2) Select providers of educational and assessment services, 703
including a quality intervention program panel of case reviewers;704

       (3) Make referrals to educational and assessment service 705
providers and approve individual educational programs recommended 706
by those providers. The board shall monitor the progress of each 707
individual undertaking a recommended individual educational 708
program.709

       (4) Determine what constitutes successful completion of an 710
individual educational program and require further monitoring of 711
the individual who completed the program or other action that the 712
board determines to be appropriate;713

       (5) Adopt rules in accordance with Chapter 119. of the 714
Revised Code to further implement the quality intervention 715
program.716

       An individual who participates in an individual educational 717
program pursuant to this division shall pay the financial 718
obligations arising from that educational program.719

       Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the Revised 720
Code shall not prohibit service in case of emergency, domestic 721
administration of family remedies, or provision of assistance to 722
another individual who is self-administering drugs.723

       Sections 4731.01 to 4731.47 of the Revised Code shall not 724
apply to any of the following:725

       (1) A commissioned medical officer of the United States armed 726
forces, as defined in section 5903.11 of the Revised Code, or an 727
employee of the veterans administration of the United States or 728
the United States public health service in the discharge of the 729
officer's or employee's professional duties;730

       (2) A dentist authorized under Chapter 4715. of the Revised 731
Code to practice dentistry when engaged exclusively in the 732
practice of dentistry or when administering anesthetics in the 733
practice of dentistry;734

       (3) A physician or surgeon in another state or territory who 735
is a legal practitioner of medicine or surgery therein when 736
providing consultation to an individual holding a certificate to 737
practice issued under this chapter who is responsible for the 738
examination, diagnosis, and treatment of the patient who is the 739
subject of the consultation, if one of the following applies:740

       (a) The physician or surgeon does not provide consultation in 741
this state on a regular or frequent basis.742

       (b) The physician or surgeon provides the consultation 743
without compensation of any kind, direct or indirect, for the 744
consultation.745

       (c) The consultation is part of the curriculum of a medical 746
school or osteopathic medical school of this state or a program 747
described in division (A)(2) of section 4731.291 of the Revised 748
Code.749

       (4) A physician or surgeon in another state or territory who 750
is a legal practitioner of medicine or surgery therein and 751
provided services to a patient in that state or territory, when 752
providing, not later than one year after the last date services 753
were provided in another state or territory, follow-up services in 754
person or through the use of any communication, including oral, 755
written, or electronic communication, in this state to the patient 756
for the same condition;757

       (5) A physician or surgeon residing on the border of a 758
contiguous state and authorized under the laws thereof to practice 759
medicine and surgery therein, whose practice extends within the 760
limits of this state. Such practitioner shall not either in person 761
or through the use of any communication, including oral, written, 762
or electronic communication, open an office or appoint a place to 763
see patients or receive calls within the limits of this state.764

       (6) A board, committee, or corporation engaged in the conduct 765
described in division (A) of section 2305.251 of the Revised Code 766
when acting within the scope of the functions of the board, 767
committee, or corporation;768

       (7) The conduct of an independent review organization 769
accredited by the superintendent of insurance under section 770
3922.13 of the Revised Code for the purpose of external reviews 771
conducted under Chapter 3922. of the Revised Code.772

       (B) Sections 4731.51 to 4731.61 of the Revised Code do not 773
apply to any graduate of a podiatric school or college while 774
performing those acts that may be prescribed by or incidental to 775
participation in an accredited podiatric internship, residency, or 776
fellowship program situated in this state approved by the state 777
medical board.778

       (C) This chapter does not apply to an oriental medicine 779
practitioner or acupuncturist who complies with Chapter 4762. of 780
the Revised Code.781

       (D) This chapter does not prohibit the administration of 782
drugs by any of the following:783

       (1) An individual who is licensed or otherwise specifically 784
authorized by the Revised Code to administer drugs;785

       (2) An individual who is not licensed or otherwise 786
specifically authorized by the Revised Code to administer drugs, 787
but is acting pursuant to the rules for delegation of medical 788
tasks adopted under section 4731.053 of the Revised Code;789

       (3) An individual specifically authorized to administer drugs 790
pursuant to a rule adopted under the Revised Code that is in 791
effect on the effective date of this amendmentApril 4, 2001, as 792
long as the rule remains in effect, specifically authorizing an 793
individual to administer drugs.794

       (E) The exemptions described in divisions (A)(3), (4), and 795
(5) of this section do not apply to a physician or surgeon whose 796
certificate to practice issued under this chapter is under 797
suspension or has been revoked or permanently revoked by action of 798
the state medical board.799

       Sec. 4734.31.  (A) The state chiropractic board may take any 800
of the actions specified in division (B) of this section against 801
an individual who has applied for or holds a license to practice 802
chiropractic in this state if any of the reasons specified in 803
division (C) of this section for taking action against an 804
individual are applicable. Except as provided in division (D) of 805
this section, actions taken against an individual shall be taken 806
in accordance with Chapter 119. of the Revised Code. The board may 807
specify that any action it takes is a permanent action. The 808
board's authority to take action against an individual is not 809
removed or limited by the individual's failure to renew a license.810

       (B) In its imposition of sanctions against an individual, the 811
board may do any of the following:812

       (1) Refuse to issue, renew, restore, or reinstate a license 813
to practice chiropractic or a certificate to practice acupuncture;814

       (2) Reprimand or censure a license holder;815

       (3) Place limits, restrictions, or probationary conditions on 816
a license holder's practice;817

       (4) Impose a civil fine of not more than five thousand 818
dollars according to a schedule of fines specified in rules that 819
the board shall adopt in accordance with Chapter 119. of the 820
Revised Code.821

       (5) Suspend a license to practice chiropractic or a 822
certificate to practice acupuncture for a limited or indefinite 823
period;824

       (6) Revoke a license to practice chiropractic or a 825
certificate to practice acupuncture.826

       (C) The board may take the actions specified in division (B) 827
of this section for any of the following reasons:828

       (1) A plea of guilty to, a judicial finding of guilt of, or a 829
judicial finding of eligibility for intervention in lieu of 830
conviction for, a felony in any jurisdiction, in which case a 831
certified copy of the court record shall be conclusive evidence of 832
the conviction;833

       (2) Commission of an act that constitutes a felony in this 834
state, regardless of the jurisdiction in which the act was 835
committed;836

       (3) A plea of guilty to, a judicial finding of guilt of, or a 837
judicial finding of eligibility for intervention in lieu of 838
conviction for, a misdemeanor involving moral turpitude, as 839
determined by the board, in which case a certified copy of the 840
court record shall be conclusive evidence of the matter;841

       (4) Commission of an act involving moral turpitude that 842
constitutes a misdemeanor in this state, regardless of the 843
jurisdiction in which the act was committed;844

       (5) A plea of guilty to, a judicial finding of guilt of, or a 845
judicial finding of eligibility for intervention in lieu of 846
conviction for, a misdemeanor committed in the course of practice, 847
in which case a certified copy of the court record shall be 848
conclusive evidence of the matter;849

       (6) Commission of an act in the course of practice that 850
constitutes a misdemeanor in this state, regardless of the 851
jurisdiction in which the act was committed;852

       (7) A violation or attempted violation of this chapter or the 853
rules adopted under it governing the practice of chiropractic and 854
the practice of acupuncture by a chiropractor licensed under this 855
chapter;856

       (8) Failure to cooperate in an investigation conducted by the 857
board, including failure to comply with a subpoena or order issued 858
by the board or failure to answer truthfully a question presented 859
by the board at a deposition or in written interrogatories, except 860
that failure to cooperate with an investigation shall not 861
constitute grounds for discipline under this section if the board 862
or a court of competent jurisdiction has issued an order that 863
either quashes a subpoena or permits the individual to withhold 864
the testimony or evidence in issue;865

       (9) Engaging in an ongoing professional relationship with a 866
person or entity that violates any provision of this chapter or 867
the rules adopted under it, unless the chiropractor makes a good 868
faith effort to have the person or entity comply with the 869
provisions;870

       (10) Retaliating against a chiropractor for the 871
chiropractor's reporting to the board or any other agency with 872
jurisdiction any violation of the law or for cooperating with the 873
board of another agency in the investigation of any violation of 874
the law;875

       (11) Aiding, abetting, assisting, counseling, or conspiring 876
with any person in that person's violation of any provision of 877
this chapter or the rules adopted under it, including the practice 878
of chiropractic without a license, the practice of acupuncture 879
without a certificate, or aiding, abetting, assisting, counseling, 880
or conspiring with any person in that person's unlicensed practice 881
of any other health care profession that has licensing 882
requirements;883

       (12) With respect to a report or record that is made, filed, 884
or signed in connection with the practice of chiropractic or 885
acupuncture, knowingly making or filing a report or record that is 886
false, intentionally or negligently failing to file a report or 887
record required by federal, state, or local law or willfully 888
impeding or obstructing the required filing, or inducing another 889
person to engage in any such acts;890

       (13) Making a false, fraudulent, or deceitful statement to 891
the board or any agent of the board during any investigation or 892
other official proceeding conducted by the board under this 893
chapter or in any filing that must be submitted to the board;894

       (14) Attempting to secure a license to practice chiropractic 895
or certificate to practice acupuncture or to corrupt the outcome 896
of an official board proceeding through bribery or any other 897
improper means;898

       (15) Willfully obstructing or hindering the board or any 899
agent of the board in the discharge of the board's duties;900

       (16) Habitually using drugs or intoxicants to the extent that 901
the person is rendered unfit for the practice of chiropractic or 902
acupuncture;903

       (17) Inability to practice chiropractic or acupuncture 904
according to acceptable and prevailing standards of care by reason 905
of chemical dependency, mental illness, or physical illness, 906
including conditions in which physical deterioration has adversely 907
affected the person's cognitive, motor, or perceptive skills and 908
conditions in which a chiropractor's continued practice may pose a 909
danger to the chiropractor or the public;910

       (18) Any act constituting gross immorality relative to the 911
person's practice of chiropractic or acupuncture, including acts 912
involving sexual abuse, sexual misconduct, or sexual exploitation;913

       (19) Exploiting a patient for personal or financial gain;914

       (20) Failing to maintain proper, accurate, and legible 915
records in the English language documenting each patient's care, 916
including, as appropriate, records of the following: dates of 917
treatment, services rendered, examinations, tests, x-ray reports, 918
referrals, and the diagnosis or clinical impression and clinical 919
treatment plan provided to the patient;920

       (21) Except as otherwise required by the board or by law, 921
disclosing patient information gained during the chiropractor's 922
professional relationship with a patient without obtaining the 923
patient's authorization for the disclosure;924

       (22) Commission of willful or gross malpractice, or willful 925
or gross neglect, in the practice of chiropractic or acupuncture;926

       (23) Failing to perform or negligently performing an act 927
recognized by the board as a general duty or the exercise of due 928
care in the practice of chiropractic or acupuncture, regardless of 929
whether injury results to a patient from the failure to perform or 930
negligent performance of the act;931

       (24) Engaging in any conduct or practice that impairs or may 932
impair the ability to practice chiropractic or acupuncture safely 933
and skillfully;934

       (25) Practicing, or claiming to be capable of practicing, 935
beyond the scope of the practice of chiropractic or acupuncture as 936
established under this chapter and the rules adopted under this 937
chapter;938

       (26) Accepting and performing professional responsibilities 939
as a chiropractor or chiropractor with a certificate to practice 940
acupuncture when not qualified to perform those responsibilities, 941
if the person knew or had reason to know that the person was not 942
qualified to perform them;943

       (27) Delegating any of the professional responsibilities of a 944
chiropractor or chiropractor with a certificate to practice 945
acupuncture to an employee or other individual when the delegating 946
chiropractor knows or had reason to know that the employee or 947
other individual is not qualified by training, experience, or 948
professional licensure to perform the responsibilities;949

       (28) Delegating any of the professional responsibilities of a 950
chiropractor or chiropractor with a certificate to practice 951
acupuncture to an employee or other individual in a negligent 952
manner or failing to provide proper supervision of the employee or 953
other individual to whom the responsibilities are delegated;954

       (29) Failing to refer a patient to another health care 955
practitioner for consultation or treatment when the chiropractor 956
knows or has reason to know that the referral is in the best 957
interest of the patient;958

       (30) Obtaining or attempting to obtain any fee or other 959
advantage by fraud or misrepresentation;960

       (31) Making misleading, deceptive, false, or fraudulent 961
representations in the practice of chiropractic or acupuncture;962

       (32) Being guilty of false, fraudulent, deceptive, or 963
misleading advertising or other solicitations for patients or 964
knowingly having professional connection with any person that 965
advertises or solicits for patients in such a manner;966

       (33) Violation of a provision of any code of ethics 967
established or adopted by the board under section 4734.16 of the 968
Revised Code;969

       (34) Failing to meet the examination requirements for receipt 970
of a license specified under section 4734.20 of the Revised Code;971

       (35) Actions taken for any reason, other than nonpayment of 972
fees, by the chiropractic or acupuncture licensing authority of 973
another state or country;974

       (36) Failing to maintain clean and sanitary conditions at the 975
clinic, office, or other place in which chiropractic services or 976
acupuncture services are provided;977

       (37) Except as provided in division (G) of this section:978

       (a) Waiving the payment of all or any part of a deductible or 979
copayment that a patient, pursuant to a health insurance or health 980
care policy, contract, or plan that covers the chiropractor's 981
services, otherwise would be required to pay if the waiver is used 982
as an enticement to a patient or group of patients to receive 983
health care services from that chiropractor;984

       (b) Advertising that the chiropractor will waive the payment 985
of all or any part of a deductible or copayment that a patient, 986
pursuant to a health insurance or health care policy, contract, or 987
plan that covers the chiropractor's services, otherwise would be 988
required to pay.989

       (38) Failure to supervise an oriental medicine practitioner 990
performing acupuncture or an acupuncturist in accordance with the 991
provisions of section 4762.11 of the Revised Code that are 992
applicable to thea supervising chiropractor of an acupuncturist.993

       (D) The adjudication requirements of Chapter 119. of the 994
Revised Code apply to the board when taking actions against an 995
individual under this section, except as follows:996

       (1) An applicant is not entitled to an adjudication for 997
failing to meet the conditions specified under section 4734.20 of 998
the Revised Code for receipt of a license that involve the board's 999
examination on jurisprudence or the examinations of the national 1000
board of chiropractic examiners.1001

       (2) A person is not entitled to an adjudication if the person 1002
fails to make a timely request for a hearing, in accordance with 1003
Chapter 119. of the Revised Code.1004

       (3) In lieu of an adjudication, the board may accept the 1005
surrender of a license to practice chiropractic or certificate to 1006
practice acupuncture from a chiropractor.1007

       (4) In lieu of an adjudication, the board may enter into a 1008
consent agreement with an individual to resolve an allegation of a 1009
violation of this chapter or any rule adopted under it. A consent 1010
agreement, when ratified by the board, shall constitute the 1011
findings and order of the board with respect to the matter 1012
addressed in the agreement. If the board refuses to ratify a 1013
consent agreement, the admissions and findings contained in the 1014
consent agreement shall be of no force or effect.1015

       (E) This section does not require the board to hire, contract 1016
with, or retain the services of an expert witness when the board 1017
takes action against a chiropractor concerning compliance with 1018
acceptable and prevailing standards of care in the practice of 1019
chiropractic or acupuncture. As part of an action taken concerning 1020
compliance with acceptable and prevailing standards of care, the 1021
board may rely on the knowledge of its members for purposes of 1022
making a determination of compliance, notwithstanding any expert 1023
testimony presented by the chiropractor that contradicts the 1024
knowledge and opinions of the members of the board.1025

       (F) The sealing of conviction records by a court shall have 1026
no effect on a prior board order entered under this section or on 1027
the board's jurisdiction to take action under this section if, 1028
based on a plea of guilty, a judicial finding of guilt, or a 1029
judicial finding of eligibility for intervention in lieu of 1030
conviction, the board issued a notice of opportunity for a hearing 1031
prior to the court's order to seal the records. The board shall 1032
not be required to seal, destroy, redact, or otherwise modify its 1033
records to reflect the court's sealing of conviction records.1034

       (G) Actions shall not be taken pursuant to division (C)(37) 1035
of this section against any chiropractor who waives deductibles 1036
and copayments as follows:1037

       (1) In compliance with the health benefit plan that expressly 1038
allows a practice of that nature. Waiver of the deductibles or 1039
copayments shall be made only with the full knowledge and consent 1040
of the plan purchaser, payer, and third-party administrator. 1041
Documentation of the consent shall be made available to the board 1042
upon request.1043

       (2) For professional services rendered to any other person 1044
licensed pursuant to this chapter, to the extent allowed by this 1045
chapter and the rules of the board.1046

       Sec. 4762.01.  As used in this chapter:1047

       (A) "Acupuncture" means a form of health care performed by 1048
the insertion and removal of specialized needles, with or without 1049
the applicationuse of moxibustion or electrical stimulation1050
supplemental techniques, to specific areas of the human body.1051

       (B) "Chiropractor" means an individual licensed under Chapter 1052
4734. of the Revised Code to engage in the practice of 1053
chiropractic.1054

       (C) "General nonmedical nutritional information" means 1055
information on any of the following:1056

        (1) Principles of good nutrition and food preparation;1057

        (2) Foods to be included in the normal daily diet;1058

        (3) Essential nutrients needed by the human body and 1059
recommended amounts of those nutrients;1060

        (4) Foods and supplements that are good sources of essential 1061
nutrients;1062

        (5) The actions of nutrients on the human body and the 1063
effects of nutrient deficiency and nutrient excess.1064

        (D) "Herbal therapy" means the use of foods, herbs, vitamins, 1065
minerals, organ extracts, and homeopathy.1066

       (E) "Homeopathy" means a noninvasive system of natural and 1067
alternative medicine that seeks to stimulate the human body's 1068
ability to heal itself through the use of small doses of highly 1069
diluted substances prepared from animal, vegetable, or mineral 1070
sources.1071

       (F) "Moxibustion" means the use of an herbal heat source on 1072
one or more acupuncture points.1073

       (D)(G) "Oriental medicine" means a form of health care in 1074
which acupuncture is performed with or without the use of herbal 1075
therapy.1076

       (H) "Physician" means an individual authorized under Chapter 1077
4731. of the Revised Code to practice medicine and surgery, 1078
osteopathic medicine and surgery, or podiatrypodiatric medicine 1079
and surgery.1080

       (I) "Supplemental techniques" means the use of general 1081
nonmedical nutritional information, traditional and modern 1082
oriental therapeutics, heat therapy, moxibustion, acupressure and 1083
other forms of Chinese massage, and educational information 1084
regarding lifestyle modifications.1085

       Sec. 4762.02.  (A) Except as provided in division (B), (C), 1086
or (D) of this section, no person shall engagedo either of the 1087
following: 1088

       (1) Engage in the practice of oriental medicine unless the 1089
person holds a valid certificate to practice as an oriental 1090
medicine practitioner issued by the state medical board under this 1091
chapter; 1092

       (2) Engage in the practice of acupuncture unless the person 1093
holds a valid certificate to practice as an acupuncturist issued 1094
by the state medical board under this chapter.1095

       (B) Division (A) of this section does not apply to the 1096
following:1097

       (1) Aa physician;.1098

       (2)(C) Division (A)(1) of this section does not apply to the 1099
following: 1100

       (1) A person who engages in activities included in the 1101
practice of oriental medicine as part of a training program in 1102
oriental medicine, but only if both of the following conditions 1103
are met: 1104

       (a) The training program is operated by an educational 1105
institution that holds an effective certificate of authorization 1106
issued by the Ohio board of regents under section 1713.02 of the 1107
Revised Code or a school that holds an effective certificate of 1108
registration issued by the state board of career colleges and 1109
schools under section 3332.05 of the Revised Code. 1110

       (b) The person engages in the activities under the general 1111
supervision of an individual who holds a certificate to practice 1112
as an oriental medicine practitioner issued under this chapter and 1113
is not practicing within the supervisory period required by 1114
section 4762.10 of the Revised Code. 1115

       (2) To the extent that acupuncture is a component of oriental 1116
medicine, an individual who holds a certificate to practice as an 1117
acupuncturist issued under this chapter or a chiropractor who 1118
holds a certificate to practice acupuncture issued by the state 1119
chiropractic board under section 4734.283 of the Revised Code. 1120

       (D) Division (A)(2) of this section does not apply to the 1121
following: 1122

       (1) A person who performs acupuncture as part of a training 1123
program in acupuncture, but only if both of the following 1124
conditions are met:1125

       (a) The training program is operated by an educational 1126
institution that holds an effective certificate of authorization 1127
issued by the Ohio board of regents under section 1713.02 of the 1128
Revised Code or a school that holds an effective certificate of 1129
registration issued by the state board of career colleges and 1130
schools under section 3332.05 of the Revised Code.1131

       (b) The person performs the acupuncture under the general 1132
supervision of an acupuncturist who holds a certificate to 1133
practice as an acupuncturist issued under this chapter and is not 1134
practicing within the supervisory period required by section 1135
4762.10 of the Revised Code.1136

       (3)(2) An individual who holds a certificate to practice as 1137
an oriental medicine practitioner issued under this chapter. 1138

       (3) A chiropractor who holds a certificate to practice 1139
acupuncture issued by the state chiropractic board under section 1140
4734.283 of the Revised Code.1141

       Sec. 4762.03.  (A) An individual seeking a certificate to 1142
practice as an oriental medicine practitioner or certificate to 1143
practice as an acupuncturist shall file with the state medical 1144
board a written application on a form prescribed and supplied by 1145
the board. The application shall include1146

       (B) To be eligible for the certificate to practice, an 1147
applicant shall meet all of the following conditions, as 1148
applicable:1149

       (1) EvidenceThe applicant shall submit evidence satisfactory 1150
to the board that the applicant is at least eighteen years of age 1151
and of good moral character;.1152

       (2) EvidenceIn the case of an applicant seeking a 1153
certificate to practice as an oriental medicine practitioner, the 1154
applicant shall submit evidence satisfactory to the board of both 1155
of the following:1156

       (a) That the applicant holds a current and active designation 1157
from the national certification commission for acupuncture and 1158
oriental medicine as either a diplomate in oriental medicine or 1159
diplomate of acupuncture and Chinese herbology;1160

       (b) That the applicant has successfully completed, in the 1161
two-year period immediately preceding application for the 1162
certificate to practice, one course approved by the commission on 1163
federal food and drug administration dispensary and compounding 1164
guidelines and procedures.1165

       (3) In the case of an applicant seeking a certificate to 1166
practice as an acupuncturist, the applicant shall submit evidence1167
satisfactory to the board that the applicant has been designated 1168
as a diplomate in acupuncture byholds a current and active 1169
designation from the national certification commission for 1170
acupuncture and oriental medicine and that the designation is 1171
current and active;1172

       (3) Anyas a diplomate in acupuncture.1173

       (4) The applicant shall demonstrate to the board proficiency 1174
in spoken English by either passing the examination described in 1175
section 4731.142 of the Revised Code or submitting evidence 1176
satisfactory to the board that the applicant was required to 1177
demonstrate proficiency in spoken English as a condition of 1178
obtaining designation from the national certification commission 1179
for acupuncture and oriental medicine as a diplomate in oriental 1180
medicine, diplomate of acupuncture and Chinese herbology, or 1181
diplomate in acupuncture.1182

       (5) The applicant shall submit to the board any other 1183
information the board requires.1184

       (6) The applicant shall pay to the board a fee of one hundred 1185
dollars, no part of which may be returned to the applicant.1186

       (B)(C) The board shall review all applications received under 1187
this section. The board shall determine whether an applicant meets 1188
the requirements to receive a certificate to practice not later 1189
than sixty days after receiving a complete application. The 1190
affirmative vote of not fewer than six members of the board is 1191
required to determine that an applicant meets the requirements for 1192
a certificate.1193

       (C) At the time of making application for a certificate to 1194
practice, the applicant shall pay the board a fee of one hundred 1195
dollars, no part of which shall be returned.1196

       Sec. 4762.031.  In addition to any other eligibility 1197
requirement set forth in this chapter, each applicant for a 1198
certificate to practice as an oriental medicine practitioner or1199
certificate to practice as an acupuncturist shall comply with 1200
sections 4776.01 to 4776.04 of the Revised Code. The state medical 1201
board shall not grant to an applicant a certificate to practice as 1202
an acupuncturist unless the board, in its discretion, decides that 1203
the results of the criminal records check do not make the 1204
applicant ineligible for a certificate issued pursuant to section 1205
4762.04 of the Revised Code.1206

       Sec. 4762.04.  If the state medical board determines under 1207
section 4762.03 of the Revised Code that an applicant meets the 1208
requirements for a certificate to practice as an oriental medicine 1209
practitioner or certificate to practice as an acupuncturist, the 1210
secretary of the board shall register the applicant as an oriental 1211
medicine practitioner or acupuncturist, as appropriate, and issue 1212
to the applicant athe appropriate certificate to practice as an 1213
acupuncturist. The certificate shall expire biennially and may be 1214
renewed in accordance with section 4762.06 of the Revised Code.1215

       Sec. 4762.05.  Upon application by the holder of a 1216
certificate to practice as an oriental medicine practitioner or1217
certificate to practice as an acupuncturist, the state medical 1218
board shall issue a duplicate certificate to replace one that is 1219
missing or damaged, to reflect a name change, or for any other 1220
reasonable cause. The fee for a duplicate certificate is 1221
thirty-five dollars.1222

       Sec. 4762.06.  (A) A person seeking to renew a certificate to 1223
practice as an oriental medicine practitioner or certificate to 1224
practice as an acupuncturist shall, on or before the thirty-first 1225
day of January of each even-numbered year, apply for renewal of 1226
the certificate. The state medical board shall send renewal 1227
notices at least one month prior to the expiration date.1228

       Applications shall be submitted to the board on forms the 1229
board shall prescribe and supply. Each application shall be 1230
accompanied by a biennial renewal fee of one hundred dollars.1231

       The applicant shall report any criminal offense that 1232
constitutes grounds for refusing to issue a certificate under 1233
section 4762.13 of the Revised Code to which the applicant has 1234
pleaded guilty, of which the applicant has been found guilty, or 1235
for which the applicant has been found eligible for intervention 1236
in lieu of conviction, since last signing an application for a 1237
certificate to practice as an oriental medicine practitioner or1238
certificate to practice as an acupuncturist.1239

       (B)(1) To be eligible for renewal of a certificate to 1240
practice as an oriental medicine practitioner, an applicant shall 1241
certify to the board both of the following, as applicable:1242

       (a) That the applicant has maintained a current and active 1243
designation from the national certification commission for 1244
acupuncture and oriental medicine as either a diplomate in 1245
oriental medicine or diplomate of acupuncture and Chinese 1246
herbology;1247

       (b) That the applicant has successfully completed one 1248
six-hour course in herb and drug interaction approved by the 1249
national certification commission for acupuncture and oriental 1250
medicine in the four years immediately preceding the expiration 1251
date of the applicant's current and active designation from the 1252
commission as a diplomate in oriental medicine or diplomate of 1253
acupuncture and Chinese herbology.1254

       (2) To be eligible for renewal,of a certificate to practice 1255
as an acupuncturist must, an applicant shall certify to the board 1256
that the acupuncturist has maintained the acupuncturist'sa 1257
current and active designation as a diplomate in acupuncture by1258
from the national certification commission for acupuncture and 1259
oriental medicine as a diplomate in acupuncture.1260

       (C) If an applicant submits a complete renewal application 1261
and qualifies for renewal pursuant to division (B) of this 1262
section, the board shall issue to the applicant a renewed 1263
certificate to practice as an acupuncturist.1264

       (D) A certificate to practice that is not renewed on or 1265
before its expiration date is automatically suspended on its 1266
expiration date. If a certificate has been suspended pursuant to 1267
this division for two years or less, the board shall reinstate the 1268
certificate upon an applicant's submission of a renewal 1269
application, the biennial renewal fee, and the applicable monetary 1270
penalty. The penalty for reinstatement is twenty-five dollars. If 1271
a certificate has been suspended pursuant to this division for 1272
more than two years, it may be restored upon an applicant's 1273
submission of a restoration application, the biennial registration 1274
fee, and the applicable monetary penalty and compliance with 1275
sections 4776.01 to 4776.04 of the Revised Code. The board shall 1276
not restore a certificate to practice unless the board, in its 1277
discretion, decides that the results of the criminal records check 1278
do not make the applicant ineligible for a certificate issued 1279
pursuant to section 4762.04 of the Revised Code. The penalty for 1280
restoration is fifty dollars.1281

       Sec. 4762.08. (A) A person who holds a certificate to 1282
practice as an oriental medicine practitioner issued under this 1283
chapter may use the following titles, initials, or abbreviations, 1284
or the equivalent of such titles, initials, or abbreviations, to 1285
identify the person as an oriental medicine practitioner: 1286
"Oriental Medicine Practitioner," "Licensed Oriental Medicine 1287
Practitioner," "L.O.M.," "Diplomate in Oriental Medicine 1288
(NCCAOM)," "Dipl. O.M. (NCCAOM)," "National Board Certified in 1289
Oriental Medicine (NCCAOM)," "Acupuncturist," "Licensed 1290
Acupuncturist," "L.Ac. and L.C.H.," "Diplomate of Acupuncture and 1291
Chinese Herbology (NCCAOM)," "Dipl. Ac. and Dipl. C.H. (NCCAOM)," 1292
or "National Board Certified in Acupuncture and Chinese Herbology 1293
(NCCAOM)." The person shall not use other titles, initials, or 1294
abbreviations in conjunction with the person's practice of 1295
oriental medicine, including the title "doctor." 1296

       (B) A person who holds a certificate to practice as an 1297
acupuncturist issued under this chapter may use the following 1298
titles, initials, or abbreviations, or the equivalent of such 1299
titles, initials, or abbreviations, to identify the person as an 1300
acupuncturist: "Acupuncturist," "Licensed Acupuncturist," "L.Ac.," 1301
"Diplomate ofin Acupuncture (NCCAOM)," "Dipl. Ac. (NCCAOM)," or 1302
"National Board Certified in Acupuncture (NCCAOM)." The person 1303
shall not use other titles, initials, or abbreviations in 1304
conjunction with the person's practice of acupuncture, including 1305
the title "doctor."1306

       Sec. 4762.09.  An acupuncturistindividual who holds a 1307
certificate to practice as an oriental medicine practitioner or 1308
certificate to practice as an acupuncturist issued under this 1309
chapter shall conspicuously display at the acupuncturist's1310
individual's primary place of business both of the following:1311

       (A) The acupuncturist'sindividual's certificate, as evidence 1312
that the acupuncturistindividual is authorized to practice1313
acupuncture in this state;1314

       (B) A notice specifying that the practice of oriental 1315
medicine or acupuncture, as applicable, under the certificate is 1316
regulated by the state medical board and the address and telephone 1317
number of the board's office.1318

       Sec. 4762.10. (A) As used in this section, "disciplinary 1319
action" means an action taken by the state medical board pursuant 1320
to section 4762.13 of the Revised Code.1321

       (B) TheThe following, as applicable, apply to an individual 1322
who holds a certificate to practice as an oriental medicine 1323
practitioner or certificate to practice as an acupuncturist:1324

       (A) On receipt of an initial certificate to practice, the1325
practice of anthe oriental medicine practitioner or acupuncturist 1326
is subject to a supervisory period if either of the following 1327
applies:1328

       (1) Except as otherwise provided in division (B)(1) of this 1329
section, if an acupuncturist practicing on the effective date of 1330
this amendment has practiced for less than one year and is not 1331
subject to any disciplinary action, supervision shall be for a 1332
period beginning on the effective date of this amendment and 1333
ending when the acupuncturist has practiced for one year from the 1334
date the initial certificate was granted. If the acupuncturist is 1335
subject to disciplinary action during that period, the supervision 1336
shall continue until the acupuncturist has not been subject to any 1337
disciplinary action for one year.1338

       (2) Except as otherwise provided in division (B)(2) of this 1339
section, if an acupuncturist is granted an initial certificate to 1340
practice on or after the effective date of this amendment, the. 1341
The supervisory period shall begin on the date the initial1342
certificate is granted and end one year thereafter. If, except 1343
that if the oriental medicine practitioner or acupuncturist is 1344
subject to disciplinary action during that year to disciplinary 1345
action taken by the state medical board pursuant to section 1346
4762.13 of the Revised Code, the supervision shall continue until 1347
the practitioner or acupuncturist has not been subject to any 1348
disciplinary action for one year.1349

       (C)(B) During an acupuncturist'sthe supervisory period, both 1350
of the following apply to thean oriental medicine practitioner's 1351
or acupuncturist's practice in addition to the applicable1352
requirements of divisiondivisions (D) and (E) of this section:1353

       (1) TheAn oriental medicine practitioner shall perform 1354
oriental medicine or acupuncture for a patient only if the patient 1355
has received a written referral or prescription for oriental 1356
medicine or acupuncture from a physician or for acupuncture from a 1357
chiropractor. An acupuncturist shall perform acupuncture for a 1358
patient only if the patient has received a written referral or 1359
prescription for acupuncture from a physician or chiropractor. As 1360
specified in the referral or prescription, the oriental medicine 1361
practitioner or acupuncturist shall provide reports to the 1362
physician or chiropractor on the patient's condition or progress 1363
in treatment and comply with the conditions or restrictions on the 1364
practitioner's or acupuncturist's course of treatment.1365

       (2) The oriental medicine practitioner or acupuncturist shall 1366
perform oriental medicine or acupuncture under the general 1367
supervision of the patient's referring or prescribing physician or 1368
chiropractor, except that an oriental medicine practitioner using 1369
herbal therapy in the treatment of a patient shall not provide 1370
herbal therapy under the general supervision of a chiropractor. 1371
General supervision does not require that the oriental medicine 1372
practitioner or acupuncturist and supervising physician or 1373
chiropractor practice in the same office.1374

       (D)(C) After an acupuncturist'sthe supervisory period has 1375
ended, both of the following apply to thean oriental medicine 1376
practitioner's or acupuncturist's practice in addition to the 1377
applicable requirements of divisiondivisions (D) and (E) of this 1378
section:1379

       (1) Before treating a patient for a particular condition, the1380
an oriental medicine practitioner or acupuncturist shall confirm 1381
whether the patient has undergone within the past six months a 1382
diagnostic examination that was related to the condition for which 1383
the patient is seeking oriental medicine or acupuncture and was 1384
performed by a physician or chiropractor acting within the 1385
physicianphysician's or chiropractor's scope of practice. 1386
Confirmation that the diagnostic examination was performed may be 1387
made by obtaining from the patient a signed form stating that the 1388
patient has undergone the examination.1389

       (2) If the patient does not provide the signed form specified 1390
in division (D)(C)(1) of this section or thean oriental medicine 1391
practitioner or acupuncturist otherwise determines that the 1392
patient has not undergone the diagnostic examination specified in 1393
that division, the practitioner or acupuncturist shall provide to 1394
the patient a written recommendation to undergo a diagnostic 1395
examination by a physician or chiropractor.1396

       (E)(D) In thean individual's practice of oriental medicine 1397
or acupuncture pursuant to a certificate to practice issued under 1398
this chapter, all of the following apply:1399

       (1) Prior to treating a patient, the acupuncturist1400
individual shall advise the patient that oriental medicine or1401
acupuncture, as applicable, is not a substitute for conventional 1402
medical diagnosis and treatment.1403

       (2) On initially meeting a patient in person, the1404
acupuncturistindividual shall provide in writing the 1405
acupuncturist'sindividual's name, business address, and business 1406
telephone number, and information on oriental medicine or1407
acupuncture, as applicable, including the techniques that are 1408
used.1409

       (3) While treating a patient, the acupuncturistindividual1410
shall not make a diagnosis. If a patient's condition is not 1411
improving or a patient requires emergency medical treatment, the1412
acupuncturistindividual shall consult promptly with a physician.1413

        (4) The acupuncturistindividual shall maintain records for 1414
each patient treated. The records shall be confidential and shall 1415
be retained for not less than three years following termination of 1416
treatment.1417

       During an acupuncturist's supervisory period, the 1418
acupuncturist. The individual shall include in a patient's records 1419
the written referral or prescription pursuant to which the 1420
acupuncturist is treating the patient is treated during a 1421
supervisory period and any written referral or prescription for 1422
oriental medicine or acupuncture received for a patient being 1423
treated after the supervisory period.1424

       (E) In an individual's practice of oriental medicine by using 1425
herbal therapy in the treatment of a patient, all of the following 1426
apply:1427

       (1) The oriental medicine practitioner shall provide to the 1428
patient counseling and treatment instructions. The treatment 1429
instructions shall do all of the following:1430

       (a) Explain the need for herbal therapy;1431

       (b) Instruct the patient how to take the herbal therapy;1432

       (c) Explain possible contraindications to the herbal therapy 1433
and provide sources of care in case of an adverse reaction;1434

       (d) Instruct the patient to inform the patient's other health 1435
care providers, including the patient's pharmacist, of the herbal 1436
therapy that has been provided to the patient.1437

       (2) The oriental medicine practitioner shall document all of 1438
the following in the patient's record:1439

       (a) The type, amount, and strength of herbal therapy 1440
recommended for the patient's use;1441

       (b) The counseling and treatment instructions provided to the 1442
patient under division (E)(1) of this section;1443

       (c) Any adverse reaction reported by the patient in 1444
conjunction with the use of herbal therapy.1445

       (3) The oriental medicine practitioner shall report to the 1446
state medical board any adverse reactions reported by the patient 1447
under division (E)(2)(c) of this section.1448

       Sec. 4762.11.  All of the following apply to a supervising1449
physician or chiropractor supervising an acupuncturist, as 1450
applicable, during thean oriental medicine practitioner's or1451
acupuncturist's supervisory period required by section 4762.10 of 1452
the Revised Code:1453

       (A) Before makinga physician makes the referral or issues a1454
prescription for oriental medicine or acupuncture, the physician 1455
shall perform a medical diagnostic examination of the patient or 1456
review the results of a medical diagnostic examination recently 1457
performed by another physician, or, in the case of. Before a 1458
chiropractor makes a referral or issues a prescription for 1459
oriental medicine or acupuncture, the chiropractor shall perform a 1460
chiropractic diagnostic examination of the patient or review the 1461
results of a chiropractic diagnostic examination recently 1462
performed by another chiropractor.1463

       (B) The physician or chiropractor shall make the referral or 1464
prescription in writing and specify in the referral or 1465
prescription all of the following:1466

       (1) The physician's or chiropractor's diagnosis of the 1467
ailment or condition that is to be treated by oriental medicine or1468
acupuncture;1469

       (2) A time by which or the intervals at which the oriental 1470
medicine practitioner or acupuncturist must provide reports to the 1471
physician or chiropractor regarding the patient's condition or 1472
progress in treatment;1473

       (3) The conditions or restrictions placed in accordance with 1474
division (C) of this section on the oriental medicine 1475
practitioner's or acupuncturist's course of treatment.1476

       (C) TheIn the case of a physician, the physician shall place 1477
conditions or restrictions on the oriental medicine practitioner's 1478
or acupuncturist's course of treatment in compliance with accepted 1479
or prevailing standards of medical care, or, in the case of a 1480
chiropractor, the chiropractor shall place conditions or 1481
restrictions on the practitioner's or acupuncturist's course of 1482
treatment in compliance with accepted or prevailing standards of 1483
chiropractic care.1484

       (D) The physician or chiropractor shall be personally 1485
available for consultation with the oriental medicine practitioner 1486
or acupuncturist. If the physician or chiropractor is not on the 1487
premises at which oriental medicine or acupuncture is performed, 1488
the physician or chiropractor shall be readily available to the 1489
practitioner or acupuncturist through some means of 1490
telecommunication and be in a location that under normal 1491
circumstances is not more than sixty minutes travel time away from 1492
the location where the practitioner or acupuncturist is 1493
practicing.1494

       (E) A chiropractor shall not supervise an oriental medicine 1495
practitioner in the practitioner's use of herbal therapy in the 1496
treatment of a patient.1497

       Sec. 4762.12.  In the case of a patient with a claim under 1498
Chapter 4121. or 4123. of the Revised Code, an acupuncturist'sa1499
supervising physician or chiropractor is eligible to be reimbursed 1500
for referring the patient to an oriental medicine practitioner or1501
acupuncturist or for prescribing oriental medicine or acupuncture 1502
for the patient only if the physician has attained knowledge in 1503
the treatment of patients with oriental medicine or acupuncture,1504
or the chiropractor has attained knowledge in the treatment of 1505
patients with acupuncture, as demonstrated by successful 1506
completion of a relevant course of study in acupuncture1507
administered by a college of medicine, osteopathic medicine, 1508
podiatric medicine, or chiropractic acceptable to the bureau of 1509
workers' compensation or administered by another entity acceptable 1510
to the bureau.1511

       Sec. 4762.13.  (A) The state medical board, by an affirmative 1512
vote of not fewer than six members, may revoke or may refuse to 1513
grant a certificate to practice as an oriental medicine 1514
practitioner or certificate to practice as an acupuncturist to a 1515
person found by the board to have committed fraud, 1516
misrepresentation, or deception in applying for or securing the 1517
certificate.1518

       (B) The board, by an affirmative vote of not fewer than six 1519
members, shall, to the extent permitted by law, limit, revoke, or 1520
suspend an individual's certificate to practice as an 1521
acupuncturist, refuse to issue a certificate to an applicant, 1522
refuse to reinstate a certificate, or reprimand or place on 1523
probation the holder of a certificate for any of the following 1524
reasons:1525

       (1) Permitting the holder's name or certificate to be used by 1526
another person;1527

       (2) Failure to comply with the requirements of this chapter, 1528
Chapter 4731. of the Revised Code, or any rules adopted by the 1529
board;1530

       (3) Violating or attempting to violate, directly or 1531
indirectly, or assisting in or abetting the violation of, or 1532
conspiring to violate, any provision of this chapter, Chapter 1533
4731. of the Revised Code, or the rules adopted by the board;1534

       (4) A departure from, or failure to conform to, minimal 1535
standards of care of similar practitioners under the same or 1536
similar circumstances whether or not actual injury to the patient 1537
is established;1538

       (5) Inability to practice according to acceptable and 1539
prevailing standards of care by reason of mental illness or 1540
physical illness, including physical deterioration that adversely 1541
affects cognitive, motor, or perceptive skills;1542

       (6) Impairment of ability to practice according to acceptable 1543
and prevailing standards of care because of habitual or excessive 1544
use or abuse of drugs, alcohol, or other substances that impair 1545
ability to practice;1546

       (7) Willfully betraying a professional confidence;1547

       (8) Making a false, fraudulent, deceptive, or misleading 1548
statement in soliciting or advertising for patients or in securing 1549
or attempting to secure a certificate to practice as an oriental 1550
medicine practitioner or certificate to practice as an 1551
acupuncturist.1552

       As used in this division, "false, fraudulent, deceptive, or 1553
misleading statement" means a statement that includes a 1554
misrepresentation of fact, is likely to mislead or deceive because 1555
of a failure to disclose material facts, is intended or is likely 1556
to create false or unjustified expectations of favorable results, 1557
or includes representations or implications that in reasonable 1558
probability will cause an ordinarily prudent person to 1559
misunderstand or be deceived.1560

       (9) Representing, with the purpose of obtaining compensation 1561
or other advantage personally or for any other person, that an 1562
incurable disease or injury, or other incurable condition, can be 1563
permanently cured;1564

       (10) The obtaining of, or attempting to obtain, money or a 1565
thing of value by fraudulent misrepresentations in the course of 1566
practice;1567

       (11) A plea of guilty to, a judicial finding of guilt of, or 1568
a judicial finding of eligibility for intervention in lieu of 1569
conviction for, a felony;1570

       (12) Commission of an act that constitutes a felony in this 1571
state, regardless of the jurisdiction in which the act was 1572
committed;1573

       (13) A plea of guilty to, a judicial finding of guilt of, or 1574
a judicial finding of eligibility for intervention in lieu of 1575
conviction for, a misdemeanor committed in the course of practice;1576

       (14) A plea of guilty to, a judicial finding of guilt of, or 1577
a judicial finding of eligibility for intervention in lieu of 1578
conviction for, a misdemeanor involving moral turpitude;1579

       (15) Commission of an act in the course of practice that 1580
constitutes a misdemeanor in this state, regardless of the 1581
jurisdiction in which the act was committed;1582

       (16) Commission of an act involving moral turpitude that 1583
constitutes a misdemeanor in this state, regardless of the 1584
jurisdiction in which the act was committed;1585

       (17) A plea of guilty to, a judicial finding of guilt of, or 1586
a judicial finding of eligibility for intervention in lieu of 1587
conviction for violating any state or federal law regulating the 1588
possession, distribution, or use of any drug, including 1589
trafficking in drugs;1590

       (18) Any of the following actions taken by the state agency 1591
responsible for regulating the practice of oriental medicine or1592
acupuncture in another jurisdiction, for any reason other than the 1593
nonpayment of fees: the limitation, revocation, or suspension of 1594
an individual's license to practice; acceptance of an individual's 1595
license surrender; denial of a license; refusal to renew or 1596
reinstate a license; imposition of probation; or issuance of an 1597
order of censure or other reprimand;1598

       (19) Violation of the conditions placed by the board on a 1599
certificate to practice as an oriental medicine practitioner or1600
certificate to practice as an acupuncturist;1601

       (20) Failure to use universal blood and body fluid 1602
precautions established by rules adopted under section 4731.051 of 1603
the Revised Code;1604

       (21) Failure to cooperate in an investigation conducted by 1605
the board under section 4762.14 of the Revised Code, including 1606
failure to comply with a subpoena or order issued by the board or 1607
failure to answer truthfully a question presented by the board at 1608
a deposition or in written interrogatories, except that failure to 1609
cooperate with an investigation shall not constitute grounds for 1610
discipline under this section if a court of competent jurisdiction 1611
has issued an order that either quashes a subpoena or permits the 1612
individual to withhold the testimony or evidence in issue;1613

       (22) Failure to comply with the standards of the national 1614
certification commission for acupuncture and oriental medicine 1615
regarding professional ethics, commitment to patients, commitment 1616
to the profession, and commitment to the public;1617

       (23) Failure to have adequate professional liability 1618
insurance coverage in accordance with section 4762.22 of the 1619
Revised Code;1620

       (24) Failure to maintain a current and active designation as 1621
a diplomate in oriental medicine, diplomate of acupuncture and 1622
Chinese herbology, or diplomate in acupuncture, as applicable, 1623
from the national certification commission for acupuncture and 1624
oriental medicine, including revocation by the commission of the 1625
individual's designation, failure by the individual to meet the 1626
commission's requirements for redesignation, or failure to notify 1627
the board that the appropriate designation has not been 1628
maintained.1629

       (C) Disciplinary actions taken by the board under divisions 1630
(A) and (B) of this section shall be taken pursuant to an 1631
adjudication under Chapter 119. of the Revised Code, except that 1632
in lieu of an adjudication, the board may enter into a consent 1633
agreement with an oriental medicine practitioner or acupuncturist 1634
or applicant to resolve an allegation of a violation of this 1635
chapter or any rule adopted under it. A consent agreement, when 1636
ratified by an affirmative vote of not fewer than six members of 1637
the board, shall constitute the findings and order of the board 1638
with respect to the matter addressed in the agreement. If the 1639
board refuses to ratify a consent agreement, the admissions and 1640
findings contained in the consent agreement shall be of no force 1641
or effect.1642

       (D) For purposes of divisions (B)(12), (15), and (16) of this 1643
section, the commission of the act may be established by a finding 1644
by the board, pursuant to an adjudication under Chapter 119. of 1645
the Revised Code, that the applicant or certificate holder 1646
committed the act in question. The board shall have no 1647
jurisdiction under these divisions in cases where the trial court 1648
renders a final judgment in the certificate holder's favor and 1649
that judgment is based upon an adjudication on the merits. The 1650
board shall have jurisdiction under these divisions in cases where 1651
the trial court issues an order of dismissal upon technical or 1652
procedural grounds.1653

       (E) The sealing of conviction records by any court shall have 1654
no effect upon a prior board order entered under the provisions of 1655
this section or upon the board's jurisdiction to take action under 1656
the provisions of this section if, based upon a plea of guilty, a 1657
judicial finding of guilt, or a judicial finding of eligibility 1658
for intervention in lieu of conviction, the board issued a notice 1659
of opportunity for a hearing or entered into a consent agreement1660
prior to the court's order to seal the records. The board shall 1661
not be required to seal, destroy, redact, or otherwise modify its 1662
records to reflect the court's sealing of conviction records.1663

       (F) For purposes of this division, any individual who holds a 1664
certificate to practice issued under this chapter, or applies for 1665
a certificate to practice, shall be deemed to have given consent 1666
to submit to a mental or physical examination when directed to do 1667
so in writing by the board and to have waived all objections to 1668
the admissibility of testimony or examination reports that 1669
constitute a privileged communication.1670

       (1) In enforcing division (B)(5) of this section, the board, 1671
upon a showing of a possible violation, may compel any individual 1672
who holds a certificate to practice issued under this chapter or 1673
who has applied for a certificate pursuant to this chapter to 1674
submit to a mental examination, physical examination, including an 1675
HIV test, or both a mental and physical examination. The expense 1676
of the examination is the responsibility of the individual 1677
compelled to be examined. Failure to submit to a mental or 1678
physical examination or consent to an HIV test ordered by the 1679
board constitutes an admission of the allegations against the 1680
individual unless the failure is due to circumstances beyond the 1681
individual's control, and a default and final order may be entered 1682
without the taking of testimony or presentation of evidence. If 1683
the board finds an oriental medicine practitioner or acupuncturist 1684
unable to practice because of the reasons set forth in division 1685
(B)(5) of this section, the board shall require the acupuncturist1686
individual to submit to care, counseling, or treatment by 1687
physicians approved or designated by the board, as a condition for 1688
an initial, continued, reinstated, or renewed certificate to 1689
practice. An individual affected by this division shall be 1690
afforded an opportunity to demonstrate to the board the ability to 1691
resume practicing in compliance with acceptable and prevailing 1692
standards of care.1693

       (2) For purposes of division (B)(6) of this section, if the 1694
board has reason to believe that any individual who holds a 1695
certificate to practice issued under this chapter or any applicant 1696
for a certificate suffers such impairment, the board may compel 1697
the individual to submit to a mental or physical examination, or 1698
both. The expense of the examination is the responsibility of the 1699
individual compelled to be examined. Any mental or physical 1700
examination required under this division shall be undertaken by a 1701
treatment provider or physician qualified to conduct such 1702
examination and chosen by the board.1703

       Failure to submit to a mental or physical examination ordered 1704
by the board constitutes an admission of the allegations against 1705
the individual unless the failure is due to circumstances beyond 1706
the individual's control, and a default and final order may be 1707
entered without the taking of testimony or presentation of 1708
evidence. If the board determines that the individual's ability to 1709
practice is impaired, the board shall suspend the individual's 1710
certificate or deny the individual's application and shall require 1711
the individual, as a condition for an initial, continued, 1712
reinstated, or renewed certificate, to submit to treatment.1713

       Before being eligible to apply for reinstatement of a 1714
certificate suspended under this division, the oriental medicine 1715
practitioner or acupuncturist shall demonstrate to the board the 1716
ability to resume practice in compliance with acceptable and 1717
prevailing standards of care. The demonstration shall include the 1718
following:1719

       (a) Certification from a treatment provider approved under 1720
section 4731.25 of the Revised Code that the individual has 1721
successfully completed any required inpatient treatment;1722

       (b) Evidence of continuing full compliance with an aftercare 1723
contract or consent agreement;1724

       (c) Two written reports indicating that the individual's 1725
ability to practice has been assessed and that the individual has 1726
been found capable of practicing according to acceptable and 1727
prevailing standards of care. The reports shall be made by 1728
individuals or providers approved by the board for making such 1729
assessments and shall describe the basis for their determination.1730

       The board may reinstate a certificate suspended under this 1731
division after such demonstration and after the individual has 1732
entered into a written consent agreement.1733

       When the impaired acupuncturistindividual resumes practice, 1734
the board shall require continued monitoring of the acupuncturist1735
individual. The monitoring shall include monitoring of compliance 1736
with the written consent agreement entered into before 1737
reinstatement or with conditions imposed by board order after a 1738
hearing, and, upon termination of the consent agreement, 1739
submission to the board for at least two years of annual written 1740
progress reports made under penalty of falsification stating 1741
whether the acupuncturistindividual has maintained sobriety.1742

       (G) If the secretary and supervising member determine that 1743
thereboth of the following, they may recommend that the board 1744
suspend an individual's certificate to practice without a prior 1745
hearing:1746

       (1) That there is clear and convincing evidence that an 1747
oriental medicine practitioner or acupuncturist has violated 1748
division (B) of this section and that;1749

       (2) That the individual's continued practice presents a 1750
danger of immediate and serious harm to the public, they may 1751
recommend that the board suspend the individual's certificate to 1752
practice without a prior hearing. Written1753

       Written allegations shall be prepared for consideration by 1754
the board. The1755

       The board, upon review of the allegations and by an 1756
affirmative vote of not fewer than six of its members, excluding 1757
the secretary and supervising member, may suspend a certificate 1758
without a prior hearing. A telephone conference call may be 1759
utilized for reviewing the allegations and taking the vote on the 1760
summary suspension.1761

       The board shall issue a written order of suspension by 1762
certified mail or in person in accordance with section 119.07 of 1763
the Revised Code. The order shall not be subject to suspension by 1764
the court during pendency of any appeal filed under section 119.12 1765
of the Revised Code. If the oriental medicine practitioner or1766
acupuncturist requests an adjudicatory hearing by the board, the 1767
date set for the hearing shall be within fifteen days, but not 1768
earlier than seven days, after the acupuncturist requests the 1769
hearing is requested, unless otherwise agreed to by both the board 1770
and the certificate holder.1771

       A summary suspension imposed under this division shall remain 1772
in effect, unless reversed on appeal, until a final adjudicative 1773
order issued by the board pursuant to this section and Chapter 1774
119. of the Revised Code becomes effective. The board shall issue 1775
its final adjudicative order within sixty days after completion of 1776
its hearing. Failure to issue the order within sixty days shall 1777
result in dissolution of the summary suspension order, but shall 1778
not invalidate any subsequent, final adjudicative order.1779

       (H) If the board takes action under division (B)(11), (13), 1780
or (14) of this section, and the judicial finding of guilt, guilty 1781
plea, or judicial finding of eligibility for intervention in lieu 1782
of conviction is overturned on appeal, upon exhaustion of the 1783
criminal appeal, a petition for reconsideration of the order may 1784
be filed with the board along with appropriate court documents. 1785
Upon receipt of a petition and supporting court documents, the 1786
board shall reinstate the certificate to practice. The board may 1787
then hold an adjudication under Chapter 119. of the Revised Code 1788
to determine whether the individual committed the act in question. 1789
Notice of opportunity for hearing shall be given in accordance 1790
with Chapter 119. of the Revised Code. If the board finds, 1791
pursuant to an adjudication held under this division, that the 1792
individual committed the act, or if no hearing is requested, it 1793
may order any of the sanctions specified in division (B) of this 1794
section.1795

       (I) The certificate to practice of an oriental medicine 1796
practitioner or acupuncturist and the practitioner's or1797
acupuncturist's practice in this state are automatically suspended 1798
as of the date the practitioner or acupuncturist pleads guilty to, 1799
is found by a judge or jury to be guilty of, or is subject to a 1800
judicial finding of eligibility for intervention in lieu of 1801
conviction in this state or treatment or intervention in lieu of 1802
conviction in another jurisdiction for any of the following 1803
criminal offenses in this state or a substantially equivalent 1804
criminal offense in another jurisdiction: aggravated murder, 1805
murder, voluntary manslaughter, felonious assault, kidnapping, 1806
rape, sexual battery, gross sexual imposition, aggravated arson, 1807
aggravated robbery, or aggravated burglary. Continued practice 1808
after the suspension shall be considered practicing without a 1809
certificate.1810

       The board shall notify the individual subject to the 1811
suspension by certified mail or in person in accordance with 1812
section 119.07 of the Revised Code. If an individual whose 1813
certificate is suspended under this division fails to make a 1814
timely request for an adjudication under Chapter 119. of the 1815
Revised Code, the board shall enter a final order permanently 1816
revoking the individual's certificate to practice.1817

       (J) In any instance in which the board is required by Chapter 1818
119. of the Revised Code to give notice of opportunity for hearing 1819
and the individual subject to the notice does not timely request a 1820
hearing in accordance with section 119.07 of the Revised Code, the 1821
board is not required to hold a hearing, but may adopt, by an 1822
affirmative vote of not fewer than six of its members, a final 1823
order that contains the board's findings. In the final order, the 1824
board may order any of the sanctions identified under division (A) 1825
or (B) of this section.1826

       (K) Any action taken by the board under division (B) of this 1827
section resulting in a suspension shall be accompanied by a 1828
written statement of the conditions under which the 1829
acupuncturist's certificate to practice may be reinstated. The 1830
board shall adopt rules in accordance with Chapter 119. of the 1831
Revised Code governing conditions to be imposed for reinstatement. 1832
Reinstatement of a certificate suspended pursuant to division (B) 1833
of this section requires an affirmative vote of not fewer than six 1834
members of the board.1835

       (L) When the board refuses to grant a certificate to practice 1836
as an acupuncturist to an applicant, revokes an individual's 1837
certificate, refuses to renew a certificate, or refuses to 1838
reinstate an individual's certificate, the board may specify that 1839
its action is permanent. An individual subject to a permanent 1840
action taken by the board is forever thereafter ineligible to hold 1841
a certificate to practice as an oriental medicine practitioner or1842
certificate to practice as an acupuncturist and the board shall 1843
not accept an application for reinstatement of the certificate or 1844
for issuance of a new certificate.1845

       (M) Notwithstanding any other provision of the Revised Code, 1846
all of the following apply:1847

       (1) The surrender of a certificate to practice as an oriental 1848
medicine practitioner or certificate to practice as an 1849
acupuncturist issued under this chapter is not effective unless or 1850
until accepted by the board. Reinstatement of a certificate 1851
surrendered to the board requires an affirmative vote of not fewer 1852
than six members of the board.1853

       (2) An application made under this chapter for a certificate 1854
may not be withdrawn without approval of the board.1855

       (3) Failure by an individual to renew a certificate in 1856
accordance with section 4762.06 of the Revised Code shall not 1857
remove or limit the board's jurisdiction to take disciplinary 1858
action under this section against the individual.1859

       Sec. 4762.131.  On receipt of a notice pursuant to section 1860
2301.3733123.43 of the Revised Code, the state medical board 1861
shall comply with that sectionsections 3123.41 to 3123.50 of the 1862
Revised Code and any applicable rules adopted under section 1863
3123.63 of the Revised Code with respect to a certificate to 1864
practice as an oriental medicine practitioner or certificate to 1865
practice as an acupuncturist issued pursuant to this chapter.1866

       Sec. 4762.132.  If the state medical board has reason to 1867
believe that any person who has been granted under this chapter a 1868
certificate to practice as an oriental medicine practitioner or1869
certificate to practice as an acupuncturist is mentally ill or 1870
mentally incompetent, it may file in the probate court of the 1871
county in which the person has a legal residence an affidavit in 1872
the form prescribed in section 5122.11 of the Revised Code and 1873
signed by the board secretary or a member of the board secretary's 1874
staff, whereupon the same proceedings shall be had as provided in 1875
Chapter 5122. of the Revised Code. The attorney general may 1876
represent the board in any proceeding commenced under this 1877
section.1878

       If any person who has been granted a certificate is adjudged 1879
by a probate court to be mentally ill or mentally incompetent, the 1880
person's certificate shall be automatically suspended until the 1881
person has filed with the state medical board a certified copy of 1882
an adjudication by a probate court of the person's subsequent 1883
restoration to competency or has submitted to the board proof, 1884
satisfactory to the board, that the person has been discharged as 1885
having a restoration to competency in the manner and form provided 1886
in section 5122.38 of the Revised Code. The judge of the probate 1887
court shall forthwith notify the state medical board of an 1888
adjudication of mental illness or mental incompetence, and shall 1889
note any suspension of a certificate in the margin of the court's 1890
record of such certificate.1891

       Sec. 4762.14.  (A) The state medical board shall investigate 1892
evidence that appears to show that any person has violated this 1893
chapter or the rules adopted under it. Any person may report to 1894
the board in a signed writing any information the person has that 1895
appears to show a violation of any provision of this chapter or 1896
the rules adopted under it. In the absence of bad faith, a person 1897
who reports such information or testifies before the board in an 1898
adjudication conducted under Chapter 119. of the Revised Code 1899
shall not be liable for civil damages as a result of reporting the 1900
information or providing testimony. Each complaint or allegation 1901
of a violation received by the board shall be assigned a case 1902
number and be recorded by the board.1903

       (B) Investigations of alleged violations of this chapter or 1904
rules adopted under it shall be supervised by the supervising 1905
member elected by the board in accordance with section 4731.02 of 1906
the Revised Code and by the secretary as provided in section 1907
4762.15 of the Revised Code. The board's president may designate 1908
another member of the board to supervise the investigation in 1909
place of the supervising member. A member of the board who 1910
supervises the investigation of a case shall not participate in 1911
further adjudication of the case.1912

       (C) In investigating a possible violation of this chapter or 1913
the rules adopted under it, the board may administer oaths, order 1914
the taking of depositions, issue subpoenas, and compel the 1915
attendance of witnesses and production of books, accounts, papers, 1916
records, documents, and testimony, except that a subpoena for 1917
patient record information shall not be issued without 1918
consultation with the attorney general's office and approval of 1919
the secretary and supervising member of the board. Before issuance 1920
of a subpoena for patient record information, the secretary and 1921
supervising member shall determine whether there is probable cause 1922
to believe that the complaint filed alleges a violation of this 1923
chapter or the rules adopted under it and that the records sought 1924
are relevant to the alleged violation and material to the 1925
investigation. The subpoena may apply only to records that cover a 1926
reasonable period of time surrounding the alleged violation.1927

       On failure to comply with any subpoena issued by the board 1928
and after reasonable notice to the person being subpoenaed, the 1929
board may move for an order compelling the production of persons 1930
or records pursuant to the Rules of Civil Procedure.1931

       A subpoena issued by the board may be served by a sheriff, 1932
the sheriff's deputy, or a board employee designated by the board. 1933
Service of a subpoena issued by the board may be made by 1934
delivering a copy of the subpoena to the person named therein, 1935
reading it to the person, or leaving it at the person's usual 1936
place of residence. When the person being served is an oriental 1937
medicine practitioner or acupuncturist, service of the subpoena 1938
may be made by certified mail, restricted delivery, return receipt 1939
requested, and the subpoena shall be deemed served on the date 1940
delivery is made or the date the person refuses to accept 1941
delivery.1942

       A sheriff's deputy who serves a subpoena shall receive the 1943
same fees as a sheriff. Each witness who appears before the board 1944
in obedience to a subpoena shall receive the fees and mileage 1945
provided for under section 119.094 of the Revised Code.1946

       (D) All hearings and investigations of the board shall be 1947
considered civil actions for the purposes of section 2305.252 of 1948
the Revised Code.1949

       (E) Information received by the board pursuant to an 1950
investigation is confidential and not subject to discovery in any 1951
civil action.1952

       The board shall conduct all investigations and proceedings in 1953
a manner that protects the confidentiality of patients and persons 1954
who file complaints with the board. The board shall not make 1955
public the names or any other identifying information about 1956
patients or complainants unless proper consent is given.1957

       The board may share any information it receives pursuant to 1958
an investigation, including patient records and patient record 1959
information, with law enforcement agencies, other licensing 1960
boards, and other governmental agencies that are prosecuting, 1961
adjudicating, or investigating alleged violations of statutes or 1962
administrative rules. An agency or board that receives the 1963
information shall comply with the same requirements regarding 1964
confidentiality as those with which the state medical board must 1965
comply, notwithstanding any conflicting provision of the Revised 1966
Code or procedure of the agency or board that applies when it is 1967
dealing with other information in its possession. In a judicial 1968
proceeding, the information may be admitted into evidence only in 1969
accordance with the Rules of Evidence, but the court shall require 1970
that appropriate measures are taken to ensure that confidentiality 1971
is maintained with respect to any part of the information that 1972
contains names or other identifying information about patients or 1973
complainants whose confidentiality was protected by the state 1974
medical board when the information was in the board's possession. 1975
Measures to ensure confidentiality that may be taken by the court 1976
include sealing its records or deleting specific information from 1977
its records.1978

       (F) The state medical board shall develop requirements for 1979
and provide appropriate initial training and continuing education 1980
for investigators employed by the board to carry out its duties 1981
under this chapter. The training and continuing education may 1982
include enrollment in courses operated or approved by the Ohio 1983
peace officer training council that the board considers 1984
appropriate under conditions set forth in section 109.79 of the 1985
Revised Code.1986

       (G) On a quarterly basis, the board shall prepare a report 1987
that documents the disposition of all cases during the preceding 1988
three months. The report shall contain the following information 1989
for each case with which the board has completed its activities:1990

       (1) The case number assigned to the complaint or alleged 1991
violation;1992

       (2) The type of certificate to practice, if any, held by the 1993
individual against whom the complaint is directed;1994

       (3) A description of the allegations contained in the 1995
complaint;1996

       (4) The disposition of the case.1997

       The report shall state how many cases are still pending, and 1998
shall be prepared in a manner that protects the identity of each 1999
person involved in each case. The report is a public record for 2000
purposes of section 149.43 of the Revised Code.2001

       Sec. 4762.15.  (A) As used in this section, "prosecutor" has 2002
the same meaning as in section 2935.01 of the Revised Code.2003

       (B) Whenever any person holding a valid certificate to 2004
practice as an oriental medicine practitioner or valid certificate 2005
to practice as an acupuncturist issued pursuant to this chapter 2006
pleads guilty to, is subject to a judicial finding of guilt of, or 2007
is subject to a judicial finding of eligibility for intervention 2008
in lieu of conviction for a violation of Chapter 2907., 2925., or 2009
3719. of the Revised Code or of any substantively comparable 2010
ordinance of a municipal corporation in connection with the 2011
person's practice, the prosecutor in the case, on forms prescribed 2012
and provided by the state medical board, shall promptly notify the 2013
board of the conviction. Within thirty days of receipt of that 2014
information, the board shall initiate action in accordance with 2015
Chapter 119. of the Revised Code to determine whether to suspend 2016
or revoke the certificate under section 4762.13 of the Revised 2017
Code.2018

       (C) The prosecutor in any case against any person holding a 2019
valid certificate to practice issued pursuant to this chapter, on 2020
forms prescribed and provided by the state medical board, shall 2021
notify the board of any of the following:2022

       (1) A plea of guilty to, a finding of guilt by a jury or 2023
court of, or judicial finding of eligibility for intervention in 2024
lieu of conviction for a felony, or a case in which the trial 2025
court issues an order of dismissal upon technical or procedural 2026
grounds of a felony charge;2027

       (2) A plea of guilty to, a finding of guilt by a jury or 2028
court of, or judicial finding of eligibility for intervention in 2029
lieu of conviction for a misdemeanor committed in the course of 2030
practice, or a case in which the trial court issues an order of 2031
dismissal upon technical or procedural grounds of a charge of a 2032
misdemeanor, if the alleged act was committed in the course of 2033
practice;2034

       (3) A plea of guilty to, a finding of guilt by a jury or 2035
court of, or judicial finding of eligibility for intervention in 2036
lieu of conviction for a misdemeanor involving moral turpitude, or 2037
a case in which the trial court issues an order of dismissal upon 2038
technical or procedural grounds of a charge of a misdemeanor 2039
involving moral turpitude.2040

       The report shall include the name and address of the 2041
certificate holder, the nature of the offense for which the action 2042
was taken, and the certified court documents recording the action.2043

       Sec. 4762.16.  (A) Within sixty days after the imposition of 2044
any formal disciplinary action taken by any health care facility, 2045
including a hospital, health care facility operated by a health 2046
insuring corporation, ambulatory surgical center, or similar 2047
facility, against any individual holding a valid certificate to 2048
practice as an oriental medicine practitioner or valid certificate 2049
to practice as an acupuncturist, the chief administrator or 2050
executive officer of the facility shall report to the state 2051
medical board the name of the individual, the action taken by the 2052
facility, and a summary of the underlying facts leading to the 2053
action taken. Upon request, the board shall be provided certified 2054
copies of the patient records that were the basis for the 2055
facility's action. Prior to release to the board, the summary 2056
shall be approved by the peer review committee that reviewed the 2057
case or by the governing board of the facility.2058

       The filing of a report with the board or decision not to file 2059
a report, investigation by the board, or any disciplinary action 2060
taken by the board, does not preclude a health care facility from 2061
taking disciplinary action against an oriental medicine 2062
practitioner or acupuncturist.2063

       In the absence of fraud or bad faith, no individual or entity 2064
that provides patient records to the board shall be liable in 2065
damages to any person as a result of providing the records.2066

       (B) An oriental medicine practitioner or acupuncturist, 2067
professional association or society of oriental medicine 2068
practitioners or acupuncturists, physician, or professional 2069
association or society of physicians that believes a violation of 2070
any provision of this chapter, Chapter 4731. of the Revised Code, 2071
or rule of the board has occurred shall report to the board the 2072
information upon which the belief is based. This division does not 2073
require any treatment provider approved by the board under section 2074
4731.25 of the Revised Code or any employee, agent, or 2075
representative of such a provider to make reports with respect to 2076
an oriental medicine practitioner or acupuncturist participating 2077
in treatment or aftercare for substance abuse as long as the 2078
practitioner or acupuncturist maintains participation in 2079
accordance with the requirements of section 4731.25 of the Revised 2080
Code and the treatment provider or employee, agent, or 2081
representative of the provider has no reason to believe that the 2082
practitioner or acupuncturist has violated any provision of this 2083
chapter or rule adopted under it, other than being impaired by 2084
alcohol, drugs, or other substances. This division does not 2085
require reporting by any member of an impaired practitioner 2086
committee established by a health care facility or by any 2087
representative or agent of a committee or program sponsored by a 2088
professional association or society of oriental medicine 2089
practitioners or acupuncturists to provide peer assistance to 2090
oriental medicine practitioners or acupuncturists with substance 2091
abuse problems with respect to an oriental medicine practitioner 2092
or acupuncturist who has been referred for examination to a 2093
treatment program approved by the board under section 4731.25 of 2094
the Revised Code if the acupuncturistindividual cooperates with 2095
the referral for examination and with any determination that the 2096
acupuncturistindividual should enter treatment and as long as 2097
the committee member, representative, or agent has no reason to 2098
believe that the acupuncturistindividual has ceased to 2099
participate in the treatment program in accordance with section 2100
4731.25 of the Revised Code or has violated any provision of this 2101
chapter or rule adopted under it, other than being impaired by 2102
alcohol, drugs, or other substances.2103

       (C) Any professional association or society composed 2104
primarily of oriental medicine practitioners or acupuncturists 2105
that suspends or revokes an individual's membership for violations 2106
of professional ethics, or for reasons of professional 2107
incompetence or professional malpractice, within sixty days after 2108
a final decision, shall report to the board, on forms prescribed 2109
and provided by the board, the name of the individual, the action 2110
taken by the professional organization, and a summary of the 2111
underlying facts leading to the action taken.2112

       The filing of a report with the board or decision not to file 2113
a report, investigation by the board, or any disciplinary action 2114
taken by the board, does not preclude a professional organization 2115
from taking disciplinary action against an acupuncturist2116
individual.2117

       (D) Any insurer providing professional liability insurance to 2118
any person holding a valid certificate to practice as an oriental 2119
medicine practitioner or valid certificate to practice as an 2120
acupuncturist or any other entity that seeks to indemnify the 2121
professional liability of an oriental medicine practitioner or2122
acupuncturist shall notify the board within thirty days after the 2123
final disposition of any written claim for damages where such 2124
disposition results in a payment exceeding twenty-five thousand 2125
dollars. The notice shall contain the following information:2126

       (1) The name and address of the person submitting the 2127
notification;2128

       (2) The name and address of the insured who is the subject of 2129
the claim;2130

       (3) The name of the person filing the written claim;2131

       (4) The date of final disposition;2132

       (5) If applicable, the identity of the court in which the 2133
final disposition of the claim took place.2134

       (E) The board may investigate possible violations of this 2135
chapter or the rules adopted under it that are brought to its 2136
attention as a result of the reporting requirements of this 2137
section, except that the board shall conduct an investigation if a 2138
possible violation involves repeated malpractice. As used in this 2139
division, "repeated malpractice" means three or more claims for 2140
malpractice within the previous five-year period, each resulting 2141
in a judgment or settlement in excess of twenty-five thousand 2142
dollars in favor of the claimant, and each involving negligent 2143
conduct by the oriental medicine practitioner or acupuncturist.2144

       (F) All summaries, reports, and records received and 2145
maintained by the board pursuant to this section shall be held in 2146
confidence and shall not be subject to discovery or introduction 2147
in evidence in any federal or state civil action involving an 2148
oriental medicine practitioner, acupuncturist, supervising 2149
physician, or health care facility arising out of matters that are 2150
the subject of the reporting required by this section. The board 2151
may use the information obtained only as the basis for an 2152
investigation, as evidence in a disciplinary hearing against an 2153
oriental medicine practitioner, acupuncturist, or supervising 2154
physician, or in any subsequent trial or appeal of a board action 2155
or order.2156

       The board may disclose the summaries and reports it receives 2157
under this section only to health care facility committees within 2158
or outside this state that are involved in credentialing or 2159
recredentialing an oriental medicine practitioner, acupuncturist,2160
or supervising physician or reviewing their privilege to practice 2161
within a particular facility. The board shall indicate whether or 2162
not the information has been verified. Information transmitted by 2163
the board shall be subject to the same confidentiality provisions 2164
as when maintained by the board.2165

       (G) Except for reports filed by an individual pursuant to 2166
division (B) of this section, the board shall send a copy of any 2167
reports or summaries it receives pursuant to this section to the 2168
acupuncturist. The oriental medicine practitioner or acupuncturist 2169
shall have the right to file a statement with the board concerning 2170
the correctness or relevance of the information. The statement 2171
shall at all times accompany that part of the record in 2172
contention.2173

       (H) An individual or entity that reports to the board or 2174
refers an impaired oriental medicine practitioner or impaired 2175
acupuncturist to a treatment provider approved by the board under 2176
section 4731.25 of the Revised Code shall not be subject to suit 2177
for civil damages as a result of the report, referral, or 2178
provision of the information.2179

       (I) In the absence of fraud or bad faith, a professional 2180
association or society of oriental medicine practitioners or2181
acupuncturists that sponsors a committee or program to provide 2182
peer assistance to an oriental medicine practitioner or2183
acupuncturist with substance abuse problems, a representative or 2184
agent of such a committee or program, and a member of the state 2185
medical board shall not be held liable in damages to any person by 2186
reason of actions taken to refer an oriental medicine practitioner 2187
or acupuncturist to a treatment provider approved under section 2188
4731.25 of the Revised Code for examination or treatment.2189

       Sec. 4762.17.  The secretary of the state medical board shall 2190
enforce the laws relating to the practice of oriental medicine and2191
acupuncture. If the secretary has knowledge or notice of a 2192
violation of this chapter or the rules adopted under it, the 2193
secretary shall investigate the matter, and, upon probable cause 2194
appearing, file a complaint and prosecute the offender. When 2195
requested by the secretary, the prosecuting attorney of the proper 2196
county shall take charge of and conduct the prosecution.2197

       Sec. 4762.18.  (A) Subject to division (E) of this section, 2198
the attorney general, the prosecuting attorney of any county in 2199
which the offense was committed or the offender resides, the state 2200
medical board, or any other person having knowledge of a person 2201
engaged either directly or by complicity in the practice of 2202
oriental medicine or acupuncture without having first obtained a 2203
certificate to do so pursuant to this chapter, may, in accord with 2204
provisions of the Revised Code governing injunctions, maintain an 2205
action in the name of the state to enjoin any person from engaging 2206
either directly or by complicity in the unlawful practice of 2207
oriental medicine or acupuncture by applying for an injunction in 2208
any court of competent jurisdiction.2209

       (B) Prior to application for an injunction under division (A) 2210
of this section, the secretary of the state medical board shall 2211
notify the person allegedly engaged either directly or by 2212
complicity in the unlawful practice of oriental medicine or2213
acupuncture by registered mail that the secretary has received 2214
information indicating that this person is so engaged. The person 2215
shall answer the secretary within thirty days showing that the 2216
person is either properly licensed for the stated activity or that 2217
the person is not in violation of this chapter. If the answer is 2218
not forthcoming within thirty days after notice by the secretary, 2219
the secretary shall request that the attorney general, the 2220
prosecuting attorney of the county in which the offense was 2221
committed or the offender resides, or the state medical board 2222
proceed as authorized in this section.2223

       (C) Upon the filing of a verified petition in court, the 2224
court shall conduct a hearing on the petition and shall give the 2225
same preference to this proceeding as is given all proceedings 2226
under Chapter 119. of the Revised Code, irrespective of the 2227
position of the proceeding on the calendar of the court.2228

       (D) Injunction proceedings as authorized by this section 2229
shall be in addition to, and not in lieu of, all penalties and 2230
other remedies provided in this chapter.2231

       (E) An injunction proceeding permitted by division (A) of 2232
this section may not be maintained against a person described in 2233
division (B) of section 4762.02 of the Revised Code or a 2234
chiropractor who holds a valid certificate to practice acupuncture 2235
issued under section 4734.283 of the Revised Code.2236

       Sec. 4762.19.  The state medical board may adopt any rules 2237
necessary to govern the practice of oriental medicine, the 2238
practice of acupuncture, the supervisory relationship between 2239
oriental medicine practitioners or acupuncturists and supervising 2240
physicians, the use of herbal therapy by oriental medicine 2241
practitioners, and the administration and enforcement of this 2242
chapter. Rules adopted under this section shall be adopted in 2243
accordance with Chapter 119. of the Revised Code.2244

       Sec. 4762.22.  An acupuncturistindividual who holds a 2245
certificate to practice as an oriental medicine practitioner or 2246
certificate to practice as an acupuncturist issued under this 2247
chapter shall have professional liability insurance coverage in an 2248
amount that is not less than five hundred thousand dollars.2249

       Section 2. That existing sections 4731.02, 4731.06, 4731.07, 2250
4731.22, 4731.36, 4734.31, 4762.01, 4762.02, 4762.03, 4762.031, 2251
4762.04, 4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 4762.11, 2252
4762.12, 4762.13, 4762.131, 4762.132, 4762.14, 4762.15, 4762.16, 2253
4762.17, 4762.18, 4762.19, and 4762.22 and section 4731.04 of the 2254
Revised Code are hereby repealed.2255

       Section 3.  Section 4731.22 of the Revised Code is presented 2256
in this act as a composite of the section as amended by both Am. 2257
Sub. H.B. 292 and Am. Sub. H.B. 487 of the 129th General Assembly. 2258
The General Assembly, applying the principle stated in division 2259
(B) of section 1.52 of the Revised Code that amendments are to be 2260
harmonized if reasonably capable of simultaneous operation, finds 2261
that the composite is the resulting version of the section in 2262
effect prior to the effective date of the section as presented in 2263
this act.2264