As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Sub. S. B. No. 141


Senators Gillmor, Hite 

Cosponsors: Senators Schaffer, Seitz, Hughes, Brown, Tavares, Coley, Bacon, Beagle, Cafaro, Daniels, Jones, LaRose, Lehner, Manning, Niehaus, Oelslager, Patton, Sawyer, Schiavoni, Skindell, Smith, Stewart, Turner, Wagoner, Widener, Wilson 

A BILL
To amend sections 4731.36, 4734.14, 4755.48, and 1
4755.99 of the Revised Code to authorize a 2
licensed physician, chiropractor, or physical 3
therapist from another state to provide services 4
to an out-of-state athletic team and certain 5
accompanying individuals when the team is 6
participating in a sporting event in Ohio.7


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

       Section 1. That sections 4731.36, 4734.14, 4755.48, and 8
4755.99 of the Revised Code be amended to read as follows:9

       Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the Revised 10
Code shall not prohibit service in case of emergency, domestic 11
administration of family remedies, or provision of assistance to 12
another individual who is self-administering drugs.13

       Sections 4731.01 to 4731.47 of the Revised Code shall not 14
apply to any of the following:15

       (1) A commissioned medical officer of the United States armed 16
forces, as defined in section 5903.11 of the Revised Code, or an 17
employee of the veterans administration of the United States or 18
the United States public health service in the discharge of the 19
officer's or employee's professional duties;20

       (2) A dentist authorized under Chapter 4715. of the Revised 21
Code to practice dentistry when engaged exclusively in the 22
practice of dentistry or when administering anesthetics in the 23
practice of dentistry;24

       (3) A physician or surgeon in another state or territory who 25
is a legal practitioner of medicine or surgery therein when 26
providing consultation to an individual holding a certificate to 27
practice issued under this chapter who is responsible for the 28
examination, diagnosis, and treatment of the patient who is the 29
subject of the consultation, if one of the following applies:30

       (a) The physician or surgeon does not provide consultation in 31
this state on a regular or frequent basis.32

       (b) The physician or surgeon provides the consultation 33
without compensation of any kind, direct or indirect, for the 34
consultation.35

       (c) The consultation is part of the curriculum of a medical 36
school or osteopathic medical school of this state or a program 37
described in division (A)(2) of section 4731.291 of the Revised 38
Code.39

       (4) A physician or surgeon in another state or territory who 40
is a legal practitioner of medicine or surgery therein and 41
provided services to a patient in that state or territory, when 42
providing, not later than one year after the last date services 43
were provided in another state or territory, follow-up services in 44
person or through the use of any communication, including oral, 45
written, or electronic communication, in this state to the patient 46
for the same condition;47

       (5) A physician or surgeon residing on the border of a 48
contiguous state and authorized under the laws thereof to practice 49
medicine and surgery therein, whose practice extends within the 50
limits of this state. Such practitioner shall not either in person 51
or through the use of any communication, including oral, written, 52
or electronic communication, open an office or appoint a place to 53
see patients or receive calls within the limits of this state.54

       (6) A board, committee, or corporation engaged in the conduct 55
described in division (A) of section 2305.251 of the Revised Code 56
when acting within the scope of the functions of the board, 57
committee, or corporation;58

       (7) The conduct of an independent review organization 59
accredited by the superintendent of insurance under section 60
3901.80 of the Revised Code for the purpose of external reviews 61
conducted under sections 1751.84, 1751.85, 3923.67, 3923.68, 62
3923.76, and 3923.77 of the Revised Code.63

       (B)(1) Subject to division (B)(2) of this section, this 64
chapter does not apply to a person who holds a current, 65
unrestricted license to practice medicine and surgery or 66
osteopathic medicine and surgery in another state when the person, 67
pursuant to a written agreement with an athletic team located in 68
the state in which the person holds the license, provides medical 69
services to any of the following while the team is traveling to or 70
from or participating in a sporting event in this state:71

       (a) A member of the athletic team;72

       (b) A member of the athletic team's coaching, communications, 73
equipment, or sports medicine staff;74

       (c) A member of a band or cheerleading squad accompanying the 75
athletic team;76

       (d) The athletic team's mascot.77

       (2) In providing medical services pursuant to division (B)(1) 78
of this section, the person shall not provide medical services at 79
a health care facility, including a hospital, an ambulatory 80
surgical facility, or any other facility in which medical care, 81
diagnosis, or treatment is provided on an inpatient or outpatient 82
basis.83

       (C) Sections 4731.51 to 4731.61 of the Revised Code do not 84
apply to any graduate of a podiatric school or college while 85
performing those acts that may be prescribed by or incidental to 86
participation in an accredited podiatric internship, residency, or 87
fellowship program situated in this state approved by the state 88
medical board.89

       (C)(D) This chapter does not apply to an acupuncturist who 90
complies with Chapter 4762. of the Revised Code.91

       (D)(E) This chapter does not prohibit the administration of 92
drugs by any of the following:93

       (1) An individual who is licensed or otherwise specifically 94
authorized by the Revised Code to administer drugs;95

       (2) An individual who is not licensed or otherwise 96
specifically authorized by the Revised Code to administer drugs, 97
but is acting pursuant to the rules for delegation of medical 98
tasks adopted under section 4731.053 of the Revised Code;99

       (3) An individual specifically authorized to administer drugs 100
pursuant to a rule adopted under the Revised Code that is in 101
effect on the effective date of this amendment, as long as the 102
rule remains in effect, specifically authorizing an individual to 103
administer drugs.104

       (E)(F) The exemptions described in divisions (A)(3), (4), and 105
(5) of this section do not apply to a physician or surgeon whose 106
certificate to practice issued under this chapter is under 107
suspension or has been revoked or permanently revoked by action of 108
the state medical board.109

       Sec.  4734.14.  (A)(1) NoExcept as provided in division (B) 110
of this section, no person shall engage in the practice of 111
chiropractic without a current, valid license issued by the state 112
chiropractic board under this chapter.113

       (2) Except as provided in division (B)(C) of this section, no 114
person shall advertise or claim to be a chiropractor, doctor of 115
chiropractic, or chiropractic physician, or use the initials 116
"D.C." in connection with the person's name, unless the person 117
holds a current, valid license from the board.118

       (3) Subject to section 4734.17 of the Revised Code, no person 119
shall open or conduct an office or other place for the practice of 120
chiropractic without a license from the board.121

       (4) Subject to section 4734.17 of the Revised Code, no person 122
shall conduct an office in the name of some person who has a 123
license to practice chiropractic.124

       (5) No person shall practice chiropractic in violation of the 125
person's license revocation, forfeiture, or suspension or in 126
violation of any restriction, limitation, or condition placed on 127
the person's license.128

       (6) No person shall employ fraud or deception in applying for 129
or securing a license to practice chiropractic or in renewing a 130
license to practice chiropractic.131

       (7) No person shall make, issue, or publish, or cause to be 132
made, issued, or published, for the purpose of sale, barter, or 133
gift, a license, certificate, diploma, degree, or other writing or 134
document falsely representing the holder or receiver thereof to be 135
licensed under this chapter or to be a graduate of a chiropractic 136
school, college, or other educational institution of chiropractic, 137
or sell or dispose of, or offer to sell or dispose of such 138
license, certificate, diploma, degree, or other writing or 139
document containing such false representation or use the person's 140
name, or permit it to be used, as a subscriber to such false and 141
fictitious license, certificate, diploma, degree, or other writing 142
or document or engage in the practice of chiropractic under and by 143
virtue of such fraudulent license, certificate, diploma, degree, 144
or other writing or document.145

       (B)(1) Subject to division (B)(2) of this section, division 146
(A)(1) of this section does not apply to a person who holds a 147
current, unrestricted license to practice chiropractic in another 148
state when the person, pursuant to a written agreement with an 149
athletic team located in the state in which the person holds the 150
license, provides chiropractic services to any of the following 151
while the team is traveling to or from or participating in a 152
sporting event in this state:153

       (a) A member of the athletic team;154

       (b) A member of the athletic team's coaching, communications, 155
equipment, or sports medicine staff;156

       (c) A member of a band or cheerleading squad accompanying the 157
athletic team;158

       (d) The athletic team's mascot.159

       (2) In providing chiropractic services pursuant to division 160
(B)(1) of this section, the person shall not provide chiropractic 161
services at a health care facility.162

       (C) A person who has retired from the practice of 163
chiropractic in good standing and does not maintain a current, 164
valid license from the board may continue to claim to be a 165
chiropractor, doctor of chiropractic, or chiropractic physician, 166
or use the initials "D.C." in connection with the person's name, 167
if the person does not engage in the practice of chiropractic or 168
otherwise violate this chapter or the rules adopted under it.169

       A person whose license has been classified as inactive 170
pursuant to section 4734.26 of the Revised Code may continue to 171
claim to be a chiropractor, doctor of chiropractic, or 172
chiropractic physician, or use the initials "D.C." in connection 173
with the person's name, if the person does not engage in the 174
practice of chiropractic or otherwise violate this chapter or the 175
rules adopted under it.176

       (C)(D) In any proceeding for a violation of this section 177
brought against a person who is not licensed under this chapter 178
but is a graduate of a chiropractic college approved under section 179
4734.21 of the Revised Code, it shall be an affirmative defense 180
that the person is permitted to use the term "doctor" or the 181
initials "D.C." in connection with the person's name, but only to 182
the extent that the person does not indicate or act in a manner 183
implying that the person is licensed under this chapter or 184
otherwise violate this chapter or the rules adopted under it.185

       (D)(E) A document that is signed by the president or 186
executive director of the board and that has affixed the official 187
seal of the board to the effect that it appears from the records 188
of the board that a license to practice chiropractic in this state 189
has not been issued to a particular person, or that a license, if 190
issued, has been revoked or suspended, shall be received as 191
prima-facie evidence of the record of the board in any court or 192
before any officer of the state.193

       Sec. 4755.48.  (A) No person shall employ fraud or deception 194
in applying for or securing a license to practice physical therapy 195
or to be a physical therapist assistant.196

       (B) No person shall practice or in any way imply or claim to 197
the public by words, actions, or the use of letters as described 198
in division (C) of this section to be able to practice physical 199
therapy or to provide physical therapy services, including 200
practice as a physical therapist assistant, unless the person 201
holds a valid license under sections 4755.40 to 4755.56 of the 202
Revised Code or except for submission of claims as provided in 203
section 4755.56 of the Revised Code.204

       (C) No person shall use the words or letters, physical 205
therapist, physical therapy, physical therapy services, 206
physiotherapist, physiotherapy, physiotherapy services, licensed 207
physical therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., 208
D.P.T., M.S.P.T., P.T.A., physical therapy assistant, physical 209
therapist assistant, physical therapy technician, licensed 210
physical therapist assistant, L.P.T.A., R.P.T.A., or any other 211
letters, words, abbreviations, or insignia, indicating or implying 212
that the person is a physical therapist or physical therapist 213
assistant without a valid license under sections 4755.40 to 214
4755.56 of the Revised Code.215

       (D) No person who practices physical therapy or assists in 216
the provision of physical therapy treatments under the supervision 217
of a physical therapist shall fail to display the person's current 218
license granted under sections 4755.40 to 4755.56 of the Revised 219
Code in a conspicuous location in the place where the person 220
spends the major part of the person's time so engaged.221

       (E) Nothing in sections 4755.40 to 4755.56 of the Revised 222
Code shall affect or interfere with the performance of the duties 223
of any physical therapist or physical therapist assistant in 224
active service in the army, navy, coast guard, marine corps, air 225
force, public health service, or marine hospital service of the 226
United States, while so serving.227

       (F) Nothing in sections 4755.40 to 4755.56 of the Revised 228
Code shall prevent or restrict the activities or services of a 229
person pursingpursuing a course of study leading to a degree in 230
physical therapy in an accredited or approved educational program 231
if the activities or services constitute a part of a supervised 232
course of study and the person is designated by a title that 233
clearly indicates the person's status as a student.234

       (G)(1) Subject to division (G)(2) of this section, nothing in 235
sections 4755.40 to 4755.56 of the Revised Code shall prevent or 236
restrict the activities or services of any person who holds a 237
current, unrestricted license to practice physical therapy in 238
another state when that person, pursuant to contract or employment 239
with an athletic team located in the state in which the person 240
holds the license, provides physical therapy to any of the 241
following while the team is traveling to or from or participating 242
in a sporting event in this state:243

       (a) A member of the athletic team;244

       (b) A member of the athletic team's coaching, communications, 245
equipment, or sports medicine staff;246

       (c) A member of a band or cheerleading squad accompanying the 247
athletic team;248

       (d) The athletic team's mascot.249

       (2) In providing physical therapy pursuant to division (G)(1) 250
of this section, the person shall not do either of the following:251

       (a) Provide physical therapy at a health care facility;252

       (b) Provide physical therapy for more than sixty days in a 253
calendar year.254

       (H) No person shall practice physical therapy other than on 255
the prescription of, or the referral of a patient by, a person who 256
is licensed in this or another state to practice medicine and 257
surgery, chiropractic, dentistry, osteopathic medicine and 258
surgery, podiatric medicine and surgery, or to practice nursing as 259
a certified registered nurse anesthetist, clinical nurse 260
specialist, certified nurse-midwife, or certified nurse 261
practitioner, within the scope of such practices, and whose 262
license is in good standing, unless either of the following 263
conditions is met:264

        (1) The person holds a master's or doctorate degree from a 265
professional physical therapy program that is accredited by a 266
national physical therapy accreditation agency recognized by the 267
United States department of education.268

        (2) On or before December 31, 2004, the person has completed 269
at least two years of practical experience as a licensed physical 270
therapist.271

       (H)(I) In the prosecution of any person for violation of 272
division (B) or (C) of this section, it is not necessary to allege 273
or prove want of a valid license to practice physical therapy or 274
to practice as a physical therapist assistant, but such matters 275
shall be a matter of defense to be established by the accused.276

       Sec. 4755.99.  (A) Whoever violates sections 4755.05 or 277
4755.62 or divisions (A), (B), (C), (D), or (G)(H) of section 278
4755.48 of the Revised Code is guilty of a minor misdemeanor. If 279
the offender has previously been convicted of an offense under 280
that section, the offender is guilty of a misdemeanor of the third 281
degree on a first offense and a misdemeanor of the first degree on 282
each subsequent offense.283

       (B)(1) One-half of all fines collected for violation of 284
section 4755.05 of the Revised Code shall be distributed to the 285
occupational therapy section of the Ohio occupational therapy, 286
physical therapy, and athletic trainers board and then paid into 287
the state treasury to the credit of the occupational licensing and 288
regulatory fund, and one-half to the treasury of the municipal 289
corporation in which the offense was committed, or if the offense 290
was committed outside the limits of a municipal corporation, to 291
the treasury of the county.292

       (2) One-half of all fines collected for violation of section 293
4755.48 of the Revised Code shall be distributed to the physical 294
therapy section of the Ohio occupational therapy, physical 295
therapy, and athletic trainers board and then paid into the state 296
treasury to the credit of the occupational licensing and 297
regulatory fund, and one-half to the treasury of the municipal 298
corporation in which the offense was committed, or if the offense 299
was committed outside the limits of a municipal corporation, to 300
the treasury of the county.301

        (3) One-half of all fines collected for violation of section 302
4755.62 of the Revised Code shall be distributed to the athletic 303
trainers section of the Ohio occupational therapy, physical 304
therapy, and athletic trainers board and then paid into the state 305
treasury to the credit of the occupational licensing and 306
regulatory fund, and one-half to the treasury of the municipal 307
corporation in which the offense was committed, or if the offense 308
was committed outside the limits of a municipal corporation, to 309
the treasury of the county.310

       Section 2. That existing sections 4731.36, 4734.14, 4755.48, 311
and 4755.99 of the Revised Code are hereby repealed.312