As Reported by the House Health and Aging Committee

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 

Representatives Garland, Hackett, Sears 

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A BILL

To amend sections 4731.36, 4734.14, 4755.48, and

1

4755.99 of the Revised Code to authorize a

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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

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participating in a sporting event in Ohio.

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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
3922.13 of the Revised Code for the purpose of external reviews	61
conducted under Chapter 3922. of the Revised Code.	62

(B)(1) Subject to division (B)(2) of this section, this	63
chapter does not apply to a person who holds a current,	64
unrestricted license to practice medicine and surgery or	65
osteopathic medicine and surgery in another state when the person,	66
pursuant to a written agreement with an athletic team located in	67
the state in which the person holds the license, provides medical	68
services to any of the following while the team is traveling to or	69
from or participating in a sporting event in this state:	70

(a) A member of the athletic team;

71

(b) A member of the athletic team's coaching, communications,	72
equipment, or sports medicine staff;	73

(c) A member of a band or cheerleading squad accompanying the	74
athletic team;	75

(d) The athletic team's mascot.

76

(2) In providing medical services pursuant to division (B)(1)	77
of this section, the person shall not provide medical services at	78
a health care facility, including a hospital, an ambulatory	79
surgical facility, or any other facility in which medical care,	80
diagnosis, or treatment is provided on an inpatient or outpatient	81
basis.	82

(C) Sections 4731.51 to 4731.61 of the Revised Code do not	83
apply to any graduate of a podiatric school or college while	84
performing those acts that may be prescribed by or incidental to	85
participation in an accredited podiatric internship, residency, or	86
fellowship program situated in this state approved by the state	87
medical board.	88

(C)(D) This chapter does not apply to an acupuncturist who	89
complies with Chapter 4762. of the Revised Code.	90

(D)(E) This chapter does not prohibit the administration of	91
drugs by any of the following:	92

(1) An individual who is licensed or otherwise specifically	93
authorized by the Revised Code to administer drugs;	94

(2) An individual who is not licensed or otherwise	95
specifically authorized by the Revised Code to administer drugs,	96
but is acting pursuant to the rules for delegation of medical	97
tasks adopted under section 4731.053 of the Revised Code;	98

(3) An individual specifically authorized to administer drugs	99
pursuant to a rule adopted under the Revised Code that is in	100
effect on the effective date of this amendmentApril 10, 2001, as	101
long as the rule remains in effect, specifically authorizing an	102
individual to administer drugs.	103

(E)(F) The exemptions described in divisions (A)(3), (4), and	104
(5) of this section do not apply to a physician or surgeon whose	105
certificate to practice issued under this chapter is under	106
suspension or has been revoked or permanently revoked by action of	107
the state medical board.	108

Sec.  4734.14.  (A)(1) NoExcept as provided in division (B)	109
of this section, no person shall engage in the practice of	110
chiropractic without a current, valid license issued by the state	111
chiropractic board under this chapter.	112

(2) Except as provided in division (B)(C) of this section, no	113
person shall advertise or claim to be a chiropractor, doctor of	114
chiropractic, or chiropractic physician, or use the initials	115
"D.C." in connection with the person's name, unless the person	116
holds a current, valid license from the board.	117

(3) Subject to section 4734.17 of the Revised Code, no person	118
shall open or conduct an office or other place for the practice of	119
chiropractic without a license from the board.	120

(4) Subject to section 4734.17 of the Revised Code, no person	121
shall conduct an office in the name of some person who has a	122
license to practice chiropractic.	123

(5) No person shall practice chiropractic in violation of the	124
person's license revocation, forfeiture, or suspension or in	125
violation of any restriction, limitation, or condition placed on	126
the person's license.	127

(6) No person shall employ fraud or deception in applying for	128
or securing a license to practice chiropractic or in renewing a	129
license to practice chiropractic.	130

(7) No person shall make, issue, or publish, or cause to be	131
made, issued, or published, for the purpose of sale, barter, or	132
gift, a license, certificate, diploma, degree, or other writing or	133
document falsely representing the holder or receiver thereof to be	134
licensed under this chapter or to be a graduate of a chiropractic	135
school, college, or other educational institution of chiropractic,	136
or sell or dispose of, or offer to sell or dispose of such	137
license, certificate, diploma, degree, or other writing or	138
document containing such false representation or use the person's	139
name, or permit it to be used, as a subscriber to such false and	140
fictitious license, certificate, diploma, degree, or other writing	141
or document or engage in the practice of chiropractic under and by	142
virtue of such fraudulent license, certificate, diploma, degree,	143
or other writing or document.	144

(B)(1) Subject to division (B)(2) of this section, division	145
(A)(1) of this section does not apply to a person who holds a	146
current, unrestricted license to practice chiropractic in another	147
state when the person, pursuant to a written agreement with an	148
athletic team located in the state in which the person holds the	149
license, provides chiropractic services to any of the following	150
while the team is traveling to or from or participating in a	151
sporting event in this state:	152

(a) A member of the athletic team;

153

(b) A member of the athletic team's coaching, communications,	154
equipment, or sports medicine staff;	155

(c) A member of a band or cheerleading squad accompanying the	156
athletic team;	157

(d) The athletic team's mascot.

158

(2) In providing chiropractic services pursuant to division	159
(B)(1) of this section, the person shall not provide chiropractic	160
services at a health care facility.	161

(C) A person who has retired from the practice of	162
chiropractic in good standing and does not maintain a current,	163
valid license from the board may continue to claim to be a	164
chiropractor, doctor of chiropractic, or chiropractic physician,	165
or use the initials "D.C." in connection with the person's name,	166
if the person does not engage in the practice of chiropractic or	167
otherwise violate this chapter or the rules adopted under it.	168

A person whose license has been classified as inactive	169
pursuant to section 4734.26 of the Revised Code may continue to	170
claim to be a chiropractor, doctor of chiropractic, or	171
chiropractic physician, or use the initials "D.C." in connection	172
with the person's name, if the person does not engage in the	173
practice of chiropractic or otherwise violate this chapter or the	174
rules adopted under it.	175

(C)(D) In any proceeding for a violation of this section	176
brought against a person who is not licensed under this chapter	177
but is a graduate of a chiropractic college approved under section	178
4734.21 of the Revised Code, it shall be an affirmative defense	179
that the person is permitted to use the term "doctor" or the	180
initials "D.C." in connection with the person's name, but only to	181
the extent that the person does not indicate or act in a manner	182
implying that the person is licensed under this chapter or	183
otherwise violate this chapter or the rules adopted under it.	184

(D)(E) A document that is signed by the president or	185
executive director of the board and that has affixed the official	186
seal of the board to the effect that it appears from the records	187
of the board that a license to practice chiropractic in this state	188
has not been issued to a particular person, or that a license, if	189
issued, has been revoked or suspended, shall be received as	190
prima-facie evidence of the record of the board in any court or	191
before any officer of the state.	192

Sec. 4755.48.  (A) No person shall employ fraud or deception	193
in applying for or securing a license to practice physical therapy	194
or to be a physical therapist assistant.	195

(B) No person shall practice or in any way imply or claim to	196
the public by words, actions, or the use of letters as described	197
in division (C) of this section to be able to practice physical	198
therapy or to provide physical therapy services, including	199
practice as a physical therapist assistant, unless the person	200
holds a valid license under sections 4755.40 to 4755.56 of the	201
Revised Code or except for submission of claims as provided in	202
section 4755.56 of the Revised Code.	203

(C) No person shall use the words or letters, physical	204
therapist, physical therapy, physical therapy services,	205
physiotherapist, physiotherapy, physiotherapy services, licensed	206
physical therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T.,	207
D.P.T., M.S.P.T., P.T.A., physical therapy assistant, physical	208
therapist assistant, physical therapy technician, licensed	209
physical therapist assistant, L.P.T.A., R.P.T.A., or any other	210
letters, words, abbreviations, or insignia, indicating or implying	211
that the person is a physical therapist or physical therapist	212
assistant without a valid license under sections 4755.40 to	213
4755.56 of the Revised Code.	214

(D) No person who practices physical therapy or assists in	215
the provision of physical therapy treatments under the supervision	216
of a physical therapist shall fail to display the person's current	217
license granted under sections 4755.40 to 4755.56 of the Revised	218
Code in a conspicuous location in the place where the person	219
spends the major part of the person's time so engaged.	220

(E) Nothing in sections 4755.40 to 4755.56 of the Revised	221
Code shall affect or interfere with the performance of the duties	222
of any physical therapist or physical therapist assistant in	223
active service in the army, navy, coast guard, marine corps, air	224
force, public health service, or marine hospital service of the	225
United States, while so serving.	226

(F) Nothing in sections 4755.40 to 4755.56 of the Revised	227
Code shall prevent or restrict the activities or services of a	228
person pursingpursuing a course of study leading to a degree in	229
physical therapy in an accredited or approved educational program	230
if the activities or services constitute a part of a supervised	231
course of study and the person is designated by a title that	232
clearly indicates the person's status as a student.	233

(G)(1) Subject to division (G)(2) of this section, nothing in	234
sections 4755.40 to 4755.56 of the Revised Code shall prevent or	235
restrict the activities or services of any person who holds a	236
current, unrestricted license to practice physical therapy in	237
another state when that person, pursuant to contract or employment	238
with an athletic team located in the state in which the person	239
holds the license, provides physical therapy to any of the	240
following while the team is traveling to or from or participating	241
in a sporting event in this state:	242

(a) A member of the athletic team;

243

(b) A member of the athletic team's coaching, communications,	244
equipment, or sports medicine staff;	245

(c) A member of a band or cheerleading squad accompanying the	246
athletic team;	247

(d) The athletic team's mascot.

248

(2) In providing physical therapy pursuant to division (G)(1)	249
of this section, the person shall not do either of the following:	250

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

251

(b) Provide physical therapy for more than sixty days in a	252
calendar year.	253

(H) No person shall practice physical therapy other than on	254
the prescription of, or the referral of a patient by, a person who	255
is licensed in this or another state to practice medicine and	256
surgery, chiropractic, dentistry, osteopathic medicine and	257
surgery, podiatric medicine and surgery, or to practice nursing as	258
a certified registered nurse anesthetist, clinical nurse	259
specialist, certified nurse-midwife, or certified nurse	260
practitioner, within the scope of such practices, and whose	261
license is in good standing, unless either of the following	262
conditions is met:	263

(1) The person holds a master's or doctorate degree from a	264
professional physical therapy program that is accredited by a	265
national physical therapy accreditation agency recognized by the	266
United States department of education.	267

(2) On or before December 31, 2004, the person has completed	268
at least two years of practical experience as a licensed physical	269
therapist.	270

(H)(I) In the prosecution of any person for violation of	271
division (B) or (C) of this section, it is not necessary to allege	272
or prove want of a valid license to practice physical therapy or	273
to practice as a physical therapist assistant, but such matters	274
shall be a matter of defense to be established by the accused.	275

Sec. 4755.99.  (A) Whoever violates sections 4755.05 or	276
4755.62 or divisions (A), (B), (C), (D), or (G)(H) of section	277
4755.48 of the Revised Code is guilty of a minor misdemeanor. If	278
the offender has previously been convicted of an offense under	279
that section, the offender is guilty of a misdemeanor of the third	280
degree on a first offense and a misdemeanor of the first degree on	281
each subsequent offense.	282

(B)(1) One-half of all fines collected for violation of	283
section 4755.05 of the Revised Code shall be distributed to the	284
occupational therapy section of the Ohio occupational therapy,	285
physical therapy, and athletic trainers board and then paid into	286
the state treasury to the credit of the occupational licensing and	287
regulatory fund, and one-half to the treasury of the municipal	288
corporation in which the offense was committed, or if the offense	289
was committed outside the limits of a municipal corporation, to	290
the treasury of the county.	291

(2) One-half of all fines collected for violation of section	292
4755.48 of the Revised Code shall be distributed to the physical	293
therapy section of the Ohio occupational therapy, physical	294
therapy, and athletic trainers board and then paid into the state	295
treasury to the credit of the occupational licensing and	296
regulatory fund, and one-half to the treasury of the municipal	297
corporation in which the offense was committed, or if the offense	298
was committed outside the limits of a municipal corporation, to	299
the treasury of the county.	300

(3) One-half of all fines collected for violation of section	301
4755.62 of the Revised Code shall be distributed to the athletic	302
trainers section of the Ohio occupational therapy, physical	303
therapy, and athletic trainers board and then paid into the state	304
treasury to the credit of the occupational licensing and	305
regulatory fund, and one-half to the treasury of the municipal	306
corporation in which the offense was committed, or if the offense	307
was committed outside the limits of a municipal corporation, to	308
the treasury of the county.	309

Section 2. That existing sections 4731.36, 4734.14, 4755.48,	310
and 4755.99 of the Revised Code are hereby repealed.	311