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 



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
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