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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 31 |
SENATORS SUHADOLNIK-WHITE-FURNEY-McLIN-GILLMOR-B. JOHNSON-
OELSLAGER-DRAKE-GAETH-RAY
A BILL
To amend sections 1701.03, 1705.03, 1705.04, 1705.53, 1785.01,
1785.02, 1785.03, 1785.05, 1785.06, 1785.07, 1785.08, 4731.22, 4731.44,
4731.65, 4732.17, 4734.03, 4734.10, and 4734.17, to enact sections 4723.16,
4725.114, 4731.226, 4732.28, and 4734.091 of the Revised Code, and to repeal
Section 4 of Am. Sub. S.B. 191 of the 120th General Assembly to authorize
optometrists,
chiropractors, psychologists, nurses, and doctors of medicine and surgery,
osteopathic medicine and
surgery, or podiatric medicine and surgery to engage in their
respective practices in a combined form of a professional
corporation, limited liability company, partnership, or
professional association, to remove the uncodified law
prohibition against those types of doctors practicing their
professions by using certain of the latter forms of business
entities, and to modify the criteria for disciplining doctors for dividing
fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1701.03, 1705.03, 1705.04,
1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 1785.06, 1785.07,
1785.08, 4731.22, 4731.44, 4731.65, 4732.17, 4734.03, 4734.10, and 4734.17 be
amended and sections 4723.16, 4725.114, 4731.226, 4732.28, and 4734.091 of the
Revised Code be enacted to read as follows:
Sec. 1701.03. (A) A corporation may be formed under this
chapter for any purpose or combination of purposes for which
individuals lawfully may associate themselves, except that, if
the Revised Code contains special provisions pertaining to the
formation of any designated type of corporation other than a
professional association, as defined in section 1785.01 of the
Revised Code, a corporation of that type shall be formed in
accordance with the special provisions.
(B) On and after the effective date of this amendment JULY
1, 1994, a corporation may be formed under this chapter for the
purpose of carrying on the practice of any profession, including,
but not limited to, a corporation for the purpose of providing
public accounting or certified public accounting services, a
corporation for the erection, owning, and conducting of a
sanitarium for receiving and caring for patients, medical and
hygienic treatment of patients, and instruction of nurses in the
treatment of disease and in hygiene, and a corporation for the
purpose of providing architectural, landscape architectural,
professional engineering, or surveying services or any
combination of those types of services, AND A CORPORATION FOR THE
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED IN
SECTION 1785.01 of the Revised Code, OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725.
of the Revised Code, OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. of the Revised Code,
OF PSYCHOLOGISTS AUTHORIZED UNDER
CHAPTER 4732. of the Revised Code, OF REGISTERED OR LICENSED
PRACTICAL NURSES AUTHORIZED UNDER CHAPTER 4723. of the Revised Code, AND OF
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY,
OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER CHAPTER 4731.
of the Revised Code. This chapter does not
restrict, limit, or otherwise affect the authority or
responsibilities of any agency, board, commission, department,
office, or other entity to license, register, and otherwise
regulate the professional conduct of individuals or organizations
of any kind rendering professional services, as defined in
section 1785.01 of the Revised Code, in this state or to regulate
the practice of any profession that is within the jurisdiction of
the agency, board, commission, department, office, or other
entity, notwithstanding that an individual is a director,
officer, employee, or other agent of a corporation formed under
this chapter and is rendering professional services or engaging
in the practice of a profession through a corporation formed
under this chapter or that the organization is a corporation
formed under this chapter.
(C) Nothing in division (A) or (B) of this section
precludes the organization of a professional association in
accordance with this chapter and Chapter 1785. of the Revised
Code or the formation of a limited liability company under
Chapter 1705. of the Revised Code with respect to a business, as
defined in section 1705.01 of the Revised Code.
(D) NO
CORPORATION FORMED FOR THE
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED IN
SECTION 1785.01 of the Revised Code, OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725.
of the Revised Code, OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. of the Revised Code, OF
PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. of the Revised Code, OF REGISTERED OR
LICENSED PRACTICAL NURSES AUTHORIZED UNDER CHAPTER 4723. of the Revised Code, AND OF
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY,
OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER CHAPTER 4731.
of the Revised Code SHALL
DIRECTLY OR INDIRECTLY CONTROL THE PROFESSIONAL CLINICAL JUDGMENT OF A
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED OPTOMETRIST,
CHIROPRACTOR, PSYCHOLOGIST, NURSE, OR DOCTOR OF MEDICINE AND SURGERY,
OSTEOPATHIC
MEDICINE AND
SURGERY, OR PODIATRIC MEDICINE AND SURGERY IN RENDERING CARE, TREATMENT, OR
PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT.
Sec. 1705.03. (A) A limited liability company may sue and be sued.
(B) Unless otherwise provided in its articles of organization, a limited
liability company may take property of any description or any interest in
property of any description by gift, devise, or bequest and may make donations
for the public welfare or for charitable, scientific, or educational purposes.
(C) In carrying out the purposes stated in its articles of organization or
operating agreement and
subject to limitations prescribed by law or in its articles of organization or
its operating agreement, a limited liability company may do all of the
following:
(1) Purchase or otherwise acquire, lease as lessee or lessor, invest in,
hold, use, encumber, sell, exchange, transfer, and dispose of property of any
description or any interest in property of any description;
(2) Make contracts;
(3) Form or acquire the control of other domestic or foreign limited
liability companies;
(4) Be a shareholder, partner, member, associate, or participant in other
profit or nonprofit enterprises or ventures;
(5) Conduct its affairs in this state and elsewhere;
(6) Render IN THIS STATE AND ELSEWHERE a professional service
or, the kinds of professional services
authorized under Chapters 4703. and 4733. of the Revised Code in this state
and elsewhere, OR A COMBINATION OF THE PROFESSIONAL SERVICES OF
OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. of the Revised Code, OF CHIROPRACTORS
AUTHORIZED UNDER CHAPTER 4734. of the Revised Code,
OF PSYCHOLOGISTS AUTHORIZED UNDER
CHAPTER 4732. of the Revised Code, OF REGISTERED OR LICENSED
PRACTICAL NURSES AUTHORIZED UNDER
CHAPTER 4723. of the Revised Code,
AND OF DOCTORS OF MEDICINE AND
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY
AUTHORIZED UNDER CHAPTER 4731. of the Revised Code;
(7) Borrow money;
(8) Issue, sell, and pledge its notes, bonds, and other evidences of
indebtedness;
(9) Secure any of its obligations by mortgage, pledge, or deed of trust of
all or any of its property;
(10) Guarantee or secure obligations of any person;
(11) Do all things permitted by law and exercise all authority within or
incidental to the purposes stated in its articles of organization.
(D) In addition to the authority conferred by division (C) of this section
and irrespective of the purposes stated in its articles of organization or
operating agreement but
subject to any limitations stated in those articles or its operating
agreement, a limited liability company may invest funds not currently needed
in its business in any securities if the investment does not cause the company
to acquire control of another enterprise whose activities and operations are
not incidental to the purposes stated in the articles of organization of the
company.
(E)(1) No lack of authority or limitation upon the authority of a limited
liability company shall be asserted in any action except as follows:
(a) By the state in an action by it against the company;
(b) By or on behalf of the company in an action against a manager, an
officer, or any member as a member;
(c) By a member as a member in an action against the company, a manager, an
officer, or any member as a member;
(d) In an action involving an alleged improper issue of a membership interest
in the company.
(2) Division (E)(1) of this section applies to any action commenced in this
state upon any contract made in this state by a foreign limited liability
company.
Sec. 1705.04. (A) Two or more persons, without regard to
residence, domicile, or state of organization, may form a limited
liability company. The entity COMPANY is
formed when one or more persons or their authorized representative signs and
files with the secretary of
state articles of organization that set forth all of the
following:
(1) The name of the company;
(2) Except as provided in division (B) of this section,
the period of its duration, which may be perpetual;
(3) The address to which interested persons may direct
requests for copies of any operating agreement and any bylaws of
the company;
(4) Any other provisions that are from the operating
agreement or that are not inconsistent with applicable law and
that the members elect to set out in the articles for the
regulation of the affairs of the company.
(B) If the articles of organization do not set forth the
period of the duration of the limited liability company, its
duration shall be perpetual.
(C) If a limited liability company is formed under this
chapter for the purpose of rendering a professional service or,
the kinds of professional services authorized under Chapters
4703. and 4733. of the Revised Code, OR A COMBINATION OF THE
PROFESSIONAL SERVICES OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725.
of the Revised Code, OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. of the Revised Code,
OF PSYCHOLOGISTS AUTHORIZED UNDER
CHAPTER 4732. of the Revised Code, OF REGISTERED OR LICENSED
PRACTICAL NURSES AUTHORIZED UNDER
CHAPTER 4723. of the Revised Code, AND OF DOCTORS
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR
PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER CHAPTER 4731.
of the Revised Code, the following apply:
(1) Each member, employee, or other agent of the company
who renders a professional service in this state and, if the
management of the company is not reserved to its members, each
manager of the company who renders a professional service in this
state shall be licensed, CERTIFICATED, or otherwise
legally authorized to render
in this state the same kind of professional service or,; if
applicable, the kinds of professional services authorized under
Chapters 4703. and 4733. of the Revised Code; OR, IF APPLICABLE,
ANY OF THE KINDS OF PROFESSIONAL SERVICES OF OPTOMETRISTS AUTHORIZED UNDER
CHAPTER 4725. of the Revised Code, OF CHIROPRACTORS
AUTHORIZED UNDER CHAPTER 4734. of the Revised Code,
OF PSYCHOLOGISTS AUTHORIZED UNDER
CHAPTER 4732. of the Revised Code, OF REGISTERED OR LICENSED
PRACTICAL NURSES AUTHORIZED UNDER
CHAPTER 4723. of the Revised Code, OR OF
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR
PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER CHAPTER 4731. of the Revised Code.
(2) Each member, employee, or other agent of the company
who renders a professional service in another state and, if the
management of the company is not reserved to its members, each
manager of the company who renders a professional service in
another state shall be licensed, CERTIFICATED, or
otherwise legally authorized
to render that professional service in the other state.
(D) Except for the provisions of this chapter pertaining
to the personal liability of members, employees, or other agents
of a limited liability company and, if the management of the
company is not reserved to its members, the personal liability of
managers of the company, this chapter does not restrict, limit,
or otherwise affect the authority or responsibilities of any
agency, board, commission, department, office, or other entity to
license, CERTIFICATE, register, and otherwise regulate the
professional
conduct of individuals or organizations of any kind rendering
professional services in this state or to regulate the practice
of any profession that is within the jurisdiction of the agency,
board, commission, department, office, or other entity,
notwithstanding that the individual is a member or manager of a
limited liability company and is rendering the professional
services or engaging in the practice of the profession through
the limited liability company or that the organization is a
limited liability company.
(E) NO LIMITED LIABILITY COMPANY FORMED
FOR THE
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED IN
SECTION 1785.01 of the Revised Code, OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725.
of the Revised Code, OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. of the Revised Code,
OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. of the Revised Code, OF
REGISTERED
OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER CHAPTER 4723. of the Revised Code,
AND OF
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY,
OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER CHAPTER 4731.
of the Revised Code SHALL DIRECTLY OR
INDIRECTLY CONTROL THE
PROFESSIONAL CLINICAL JUDGMENT OF A LICENSED, CERTIFICATED, OR OTHERWISE
LEGALLY AUTHORIZED OPTOMETRIST, CHIROPRACTOR, PSYCHOLOGIST, NURSE, OR DOCTOR
OF MEDICINE
AND
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY
IN
RENDERING CARE, TREATMENT, OR PROFESSIONAL ADVICE TO AN INDIVIDUAL
PATIENT.
Sec. 1705.53. Subject to any contrary provisions of the Ohio Constitution,
the laws of the state under which a foreign limited liability company is
organized govern its organization and internal affairs and the liability of
its members. A foreign limited liability company may not be denied a
certificate of registration as a foreign limited liability company in this
state because of any difference between the laws of the state under which it
is organized and the laws of this state. However, a foreign limited liability
company that applies for registration under this chapter to render a
professional service in this state, as a condition to obtaining and
maintaining a certificate of registration, shall comply with the requirements
of division (B)(C) of section 1705.04 of the Revised Code
and, SHALL COMPLY WITH THE REQUIREMENTS OF CHAPTERS 4703.
AND 4733. of the Revised Code if the kinds of
professional services authorized under Chapters 4703. and 4733. of the
Revised
Code THOSE CHAPTERS are to be rendered, OR WITH the
requirements of those chapters CHAPTERS 4725., 4731., AND
4734. of the Revised Code IF A COMBINATION OF THE PROFESSIONAL SERVICES OF OPTOMETRISTS
AUTHORIZED
UNDER CHAPTER 4725. of the Revised Code, OF CHIROPRACTORS AUTHORIZED UNDER
CHAPTER 4734. of the Revised Code,
OF PSYCHOLOGISTS AUTHORIZED UNDER
CHAPTER 4732. of the Revised Code, OF REGISTERED OR LICENSED
PRACTICAL NURSES AUTHORIZED UNDER
CHAPTER 4723. of the Revised Code,
AND OF DOCTORS OF MEDICINE AND SURGERY,
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED
UNDER CHAPTER 4731. of the Revised Code ARE TO BE RENDERED.
Sec. 1785.01. As used in this chapter:
(A) "Professional service" means any type of professional
service which THAT may be performed only pursuant to a license,
certificate, or other legal authorization, as provided by
Chapters ISSUED PURSUANT TO CHAPTER 4701., 4703., 4705.,
4715., 4723., 4725., 4729., 4731.,
4732., 4733., 4734., and OR 4741., and sections 4755.01
to 4755.12, and OR sections 4755.40 to 4755.53 of the Revised
Code, to certified
public accountants, licensed public accountants, architects,
attorneys, chiropractors, dentists, pharmacists, optometrists,
physicians DOCTORS OF MEDICINE AND SURGERY, DOCTORS OF OSTEOPATHIC
MEDICINE AND SURGERY, DOCTORS OF PODIATRIC MEDICINE and surgeons
SURGERY, practitioners of limited branches of
medicine or surgery as defined in section 4731.15 of the Revised
Code, psychologists, professional engineers, veterinarians,
physical therapists, and registered nurses, and
occupational therapists.
(B) "Professional association" means an association THAT IS organized
under this chapter, for the sole purpose of rendering
one of the professional services authorized under Chapter 4701.,
4703., 4705., 4715., 4723., 4725., 4729., 4731., 4732., 4733.,
4734., or 4741. or, sections 4755.01 to 4755.12, or
sections 4755.40 to 4755.53 of the Revised Code, or a combination of
the professional services authorized under Chapters 4703. and 4733.
of the Revised Code, OR A COMBINATION OF THE PROFESSIONAL SERVICES
OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725. of the Revised Code, OF CHIROPRACTORS
AUTHORIZED UNDER CHAPTER 4734. of the Revised Code,
OF PSYCHOLOGISTS AUTHORIZED UNDER
CHAPTER 4732. of the Revised Code, OF REGISTERED OR LICENSED
PRACTICAL NURSES AUTHORIZED UNDER
CHAPTER 4723. of the Revised Code,
AND OF DOCTORS OF
MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE
AND SURGERY AUTHORIZED UNDER CHAPTER 4731. of the Revised Code.
Sec. 1785.02. An individual or group of individuals each
of whom is licensed, CERTIFICATED, or otherwise legally
authorized to render WITHIN THIS STATE the same kind of professional
service within this state, or a group
of individuals each of whom is licensed, CERTIFICATED, or
otherwise LEGALLY authorized
to render WITHIN THIS STATE the professional service within this
state authorized under either Chapter 4703. or 4733. of the Revised
Code, OR A GROUP OF INDIVIDUALS EACH OF WHOM IS LICENSED,
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO RENDER WITHIN
THIS STATE THE PROFESSIONAL SERVICE OF OPTOMETRISTS AUTHORIZED
UNDER CHAPTER 4725. OF THE REVISED
CODE, THE PROFESSIONAL SERVICE OF CHIROPRACTORS AUTHORIZED UNDER
CHAPTER 4734. of the Revised Code,
THE PROFESSIONAL SERVICE OF PSYCHOLOGISTS AUTHORIZED UNDER
CHAPTER 4732. of the Revised Code, THE PROFESSIONAL SERVICE
OF REGISTERED OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER
CHAPTER 4723. of the Revised Code, OR THE PROFESSIONAL
SERVICE OF DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE
AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER
CHAPTER 4731. OF THE REVISED CODE
may organize and become a shareholder, or shareholders, of a
professional association. Any group of individuals described in this section
who may be rendering one of the professional services as an organization
created otherwise than pursuant to this chapter may incorporate under and
pursuant to this chapter by amending the agreement establishing
the organization in a manner that the agreement as amended
constitutes articles of incorporation prepared and filed in the
manner prescribed in section 1785.08 of the Revised Code and by
otherwise complying with the applicable requirements of this chapter.
Sec. 1785.03. A professional association may render A PARTICULAR
professional service only through officers, employees, and agents who are
themselves duly licensed, CERTIFICATED, or otherwise
legally authorized to render THE professional service within this
state. The term "employee" as AS used in this section,
"EMPLOYEE" does not include clerks,
bookkeepers, technicians, or other individuals who are not usually and
ordinarily considered by custom and practice to be rendering A
PARTICULAR professional services SERVICE for which a
license, CERTIFICATE, or other legal authorization is
required, nor AND does the term "employee" NOT
include any other person who performs all his OF THAT PERSON'S
employment under the direct supervision and control of an officer, agent, or
employee who is himself rendering RENDERS A PARTICULAR
professional service to the public on behalf
of the corporation PROFESSIONAL ASSOCIATION.
NO PROFESSIONAL ASSOCIATION FORMED
FOR THE
PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES, AS DEFINED IN
SECTION 1785.01 of the Revised Code, OF OPTOMETRISTS AUTHORIZED UNDER CHAPTER 4725.
of the Revised Code, OF CHIROPRACTORS AUTHORIZED UNDER CHAPTER 4734. of the Revised Code,
OF PSYCHOLOGISTS AUTHORIZED UNDER CHAPTER 4732. of the Revised Code, OF REGISTERED
OR LICENSED PRACTICAL NURSES AUTHORIZED UNDER CHAPTER 4723. of the Revised Code,
AND OF
DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY,
OR PODIATRIC MEDICINE AND SURGERY AUTHORIZED UNDER CHAPTER 4731.
of the Revised Code SHALL DIRECTLY OR INDIRECTLY CONTROL THE PROFESSIONAL
CLINICAL JUDGMENT OF A LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED
OPTOMETRIST, CHIROPRACTOR, PSYCHOLOGIST, NURSE, OR DOCTOR OF MEDICINE AND
SURGERY, OSTEOPATHIC
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY IN RENDERING CARE,
TREATMENT, OR PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT.
Sec. 1785.05. A professional association may issue its capital stock only to
persons who are duly licensed, CERTIFICATED, or otherwise
legally authorized to render WITHIN THIS STATE the same professional
service as that for which the association was organized OR, IN THE CASE OF
A COMBINATION OF PROFESSIONAL SERVICES DESCRIBED IN DIVISION (B) OF
SECTION 1785.01 of the Revised Code, TO RENDER WITHIN THIS STATE ANY OF THE APPLICABLE
TYPES OF PROFESSIONAL SERVICES FOR WHICH THE ASSOCIATION WAS ORGANIZED.
Sec. 1785.06. A professional association shall, within
thirty days after the thirtieth day of June in each year, SHALL furnish
a statement to the secretary of state showing the names and
post-office addresses of all OF THE shareholders in the
corporation ASSOCIATION and shall certify
CERTIFYING that all OF THE shareholders are duly
licensed, CERTIFICATED, or
otherwise legally authorized to render WITHIN THIS STATE THE SAME
professional service in this state
FOR WHICH THE ASSOCIATION WAS ORGANIZED OR, IN THE CASE OF A COMBINATION OF
PROFESSIONAL SERVICES DESCRIBED IN DIVISION (B) OF SECTION 1785.01
of the Revised Code, TO RENDER WITHIN THIS STATE ANY OF THE APPLICABLE TYPES OF
PROFESSIONAL SERVICES FOR WHICH THE ASSOCIATION WAS ORGANIZED. This
report STATEMENT shall be made on such A form
as shall be
prescribed by THAT the secretary of state SHALL PRESCRIBE,
shall be signed by an
officer of the corporation ASSOCIATION, and shall be filed in
the office of
the secretary of state.
If any professional association fails to file the annual
report STATEMENT within the time required by this section, the
secretary of
state shall give notice of the failure by certified mail, RETURN
RECEIPT REQUESTED, to the
last known address of the corporation ASSOCIATION or its agent
and, if. IF the report ANNUAL STATEMENT is
not filed within thirty days after the mailing of the
notice, the secretary of state shall, upon the expiration of that
period, SHALL cancel the ASSOCIATION'S articles of
incorporation, give notice of the
cancellation to the corporation ASSOCIATION by mail SENT
to the last known address
of the corporation ASSOCIATION or its agent, and make a notation
of the cancellation on his THE records OF THE SECRETARY OF
STATE.
A professional association whose articles have been
canceled pursuant to this section may be reinstated by filing an
application for reinstatement, together with AND the required
annual report STATEMENT or reports STATEMENTS and
by paying a reinstatement fee of ten
dollars. The rights, privileges, and franchises of a professional association
whose articles have been reinstated are subject to section 1701.922 of the
Revised Code. The secretary of state shall inform the tax
commissioner of all cancellations and reinstatements under this
section.
Sec. 1785.07. A shareholder of a professional association may sell or
transfer his THAT SHAREHOLDER'S shares in such THE
association only to another individual who is duly
licensed, CERTIFICATED, or otherwise legally authorized
to render WITHIN THIS STATE the same professional
service as that for which the corporation ASSOCIATION was
organized OR, IN THE CASE OF A COMBINATION OF PROFESSIONAL SERVICES
DESCRIBED IN DIVISION (B) OF SECTION 1785.01 of the Revised Code, TO RENDER IN THIS
STATE ANY OF THE APPLICABLE TYPES OF PROFESSIONAL SERVICES FOR WHICH THE
ASSOCIATION WAS ORGANIZED.
Sec. 1785.08. Chapter 1701. of the Revised Code applies to professional
associations, including their organization and the manner of filing articles
of incorporation, except that the requirements of division (A) of section
1701.06 of the Revised Code do not apply to professional associations. If any
provision of this chapter conflicts with any provision of Chapter 1701. of the
Revised Code, the provisions of this chapter shall take precedence. A
professional association for the practice of medicine or
AND surgery or, osteopathic medicine and surgery,
OR PODIATRIC MEDICINE AND SURGERY OR FOR THE COMBINED PRACTICE OF
OPTOMETRY, CHIROPRACTIC, PSYCHOLOGY, NURSING, MEDICINE AND SURGERY,
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC
MEDICINE AND SURGERY may provide in the ITS articles of
incorporation or bylaws that its directors may have terms of office not
exceeding six years.
Sec. 4723.16. (A) AN INDIVIDUAL WHOM THE BOARD OF
NURSING LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO ENGAGE
IN THE PRACTICE OF NURSING AS A REGISTERED NURSE OR AS A LICENSED PRACTICAL
NURSE MAY RENDER THE PROFESSIONAL SERVICES OF A REGISTERED OR LICENSED
PRACTICAL NURSE WITHIN THIS
STATE THROUGH A CORPORATION FORMED UNDER DIVISION
(B) OF SECTION 1701.03 OF THE REVISED CODE, A
LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 1705. OF THE
REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL ASSOCIATION
FORMED UNDER CHAPTER 1785. OF THE REVISED CODE.
THIS DIVISION DOES NOT
PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM RENDERING
PROFESSIONAL SERVICES AS A REGISTERED OR LICENSED PRACTICAL NURSE THROUGH
ANOTHER FORM OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A NONPROFIT
CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER
CHAPTER OF THE REVISED CODE, OR RULES OF THE BOARD OF
NURSING ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION,
LIMITED LIABILITY COMPANY, PARTNERSHIP, OR PROFESSIONAL
ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS SECTION MAY BE
FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION OF THE
PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE LICENSED,
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO PRACTICE
THEIR RESPECTIVE PROFESSIONS:
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY
UNDER CHAPTER 4725. of the Revised Code;
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER
CHAPTER 4734. of the Revised Code;
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE
PSYCHOLOGY UNDER CHAPTER 4732.
of the Revised Code;
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS
LICENSED PRACTICAL NURSES UNDER THIS CHAPTER;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED FOR THEIR RESPECTIVE
PRACTICES UNDER
CHAPTER 4731. OF THE REVISED
CODE.
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION
OF A CODE OF ETHICS APPLICABLE TO A NURSE, OR A PROVISION OF A RULE OF
THE BOARD OF NURSING ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY OR
IMPLICITLY PURPORTS TO PROHIBIT A REGISTERED OR LICENSED PRACTICAL NURSE FROM
ENGAGING IN THE PRACTICE OF NURSING AS A REGISTERED NURSE OR AS A LICENSED
PRACTICAL NURSE IN COMBINATION WITH A PERSON WHO IS
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO
PRACTICE OPTOMETRY, CHIROPRACTIC, PSYCHOLOGY, MEDICINE AND SURGERY,
OSTEOPATHIC MEDICINE AND SURGERY,
OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT ALSO LICENSED,
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE IN THE
PRACTICE OF NURSING AS A REGISTERED NURSE OR AS A LICENSED PRACTICAL NURSE.
Sec. 4725.114. (A) AN INDIVIDUAL WHOM THE STATE BOARD OF
OPTOMETRY LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO ENGAGE
IN THE PRACTICE OF OPTOMETRY MAY RENDER THE PROFESSIONAL SERVICES OF AN
OPTOMETRIST WITHIN THIS
STATE THROUGH A CORPORATION FORMED UNDER DIVISION
(B) OF SECTION 1701.03 OF THE REVISED CODE, A
LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 1705. OF THE
REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL ASSOCIATION
FORMED UNDER CHAPTER 1785. OF THE REVISED CODE.
THIS DIVISION DOES NOT
PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM RENDERING
PROFESSIONAL SERVICES AS AN OPTOMETRIST THROUGH ANOTHER FORM OF
BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A NONPROFIT
CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER
CHAPTER OF THE REVISED CODE, OR RULES OF THE STATE
BOARD OF OPTOMETRY ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION,
LIMITED LIABILITY COMPANY, PARTNERSHIP, OR PROFESSIONAL
ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS SECTION MAY BE
FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION OF THE
PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE LICENSED,
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO PRACTICE
THEIR RESPECTIVE PROFESSIONS:
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY UNDER
CHAPTER 4725. of the Revised Code;
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER
CHAPTER 4734. of the Revised Code;
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE
PSYCHOLOGY UNDER CHAPTER 4732. of the Revised Code;
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS
LICENSED PRACTICAL NURSES UNDER CHAPTER 4723. of the Revised Code;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE
AUTHORIZED FOR THEIR RESPECTIVE
PRACTICES UNDER CHAPTER 4731. OF THE REVISED
CODE.
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION
OF A CODE OF ETHICS APPLICABLE TO AN OPTOMETRIST, OR A PROVISION OF A RULE OF
THE STATE BOARD OF OPTOMETRY
ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY OR
IMPLICITLY PURPORTS TO PROHIBIT AN OPTOMETRIST FROM ENGAGING IN
THE PRACTICE OF OPTOMETRY IN COMBINATION WITH A PERSON WHO IS
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO
PRACTICE CHIROPRACTIC, PSYCHOLOGY, NURSING, MEDICINE AND SURGERY, OSTEOPATHIC
MEDICINE AND SURGERY,
OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT ALSO LICENSED,
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE IN THE
PRACTICE OF OPTOMETRY.
Sec. 4731.22. (A) The state medical board, pursuant to an
adjudication under Chapter 119. of the Revised Code and
by a vote of not fewer than six of its members, may revoke or may
refuse to grant a certificate to a person found by the board to
have committed fraud in passing the examination or to have
committed fraud, misrepresentation, or deception in applying for
or securing any license or certificate issued by the board.
(B) The board, pursuant to an adjudication under
Chapter 119. of the Revised Code and by a vote of not fewer than
six members, shall, to the extent permitted by law, limit,
revoke, or suspend a certificate, refuse to register or refuse to
reinstate an applicant, or reprimand or place on probation the
holder of a certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate of
registration to be used by a person, group, or corporation when
the individual concerned is not actually directing the treatment
given;
(2) Failure to use reasonable care discrimination in the
administration of drugs, or failure to employ acceptable
scientific methods in the selection of drugs or other modalities
for treatment of disease;
(3) Selling, prescribing, giving away, or administering
drugs for other than legal and legitimate therapeutic purposes or
a plea of guilty to, or a judicial finding of guilt of, a
violation of any federal or state law regulating the possession,
distribution, or use of any drug;
(4) Willfully betraying a professional confidence or
engaging in the division of fees for referral of patients, or the
receiving of a thing of value in return for a specific referral
of a patient to utilize a particular service or business. For
purposes of this division, "willfully betraying a professional
confidence" does not include the making of a report of an
employee's use of a drug of abuse, or a report of a condition of
an employee other than one involving the use of a drug of abuse,
to the employer of the employee as described in division (B) of
section 2305.33 of the Revised Code, and nothing in this division
affects, or shall be construed as affecting, the immunity from
civil liability conferred by that section upon a physician who
makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Soliciting patients or publishing a false, fraudulent,
deceptive, or misleading statement.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because of a failure to disclose material facts, is intended or
is likely to create false or unjustified expectations of
favorable results, or includes representations or implications
that in reasonable probability will cause an ordinarily prudent
person to misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal standards of care of similar practitioners under the same
or similar circumstances, whether or not actual injury to a
patient is established;
(7) Representing, with the purpose of obtaining
compensation or other advantage for self or for any other
person, that an incurable disease or injury, or other incurable
condition, can be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, or a judicial finding of guilt
of, a felony;
(10) Commission of an act that constitutes a felony in
this state regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, or a judicial finding of guilt
of, a misdemeanor committed in the course of practice;
(12) Commission of an act that constitutes a misdemeanor
in this state regardless of the jurisdiction in which the act was
committed, if the act was committed in the course of practice;
(13) A plea of guilty to, or a judicial finding of guilt
of, a misdemeanor involving moral turpitude;
(14) Commission of an act that constitutes a misdemeanor
in this state regardless of the jurisdiction in which the act was
committed, if the act involves moral turpitude;
(15) Violation of the conditions of limitation placed by
the board upon a certificate to practice or violation of the
conditions of limitation upon which a limited or temporary
registration or certificate to practice is issued;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Any ENGAGING IN THE division of fees or charges, or any
agreement or
arrangement to share fees or charges, made by any person licensed
to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry with any other person
so licensed, or with any person
FOR REFERRAL OF PATIENTS, OR THE RECEIVING OF A THING OF
VALUE IN RETURN FOR A SPECIFIC REFERRAL OF A PATIENT TO A
PARTICULAR SERVICE OR BUSINESS;
(18)(a) The SUBJECT TO SECTION 4731.226 of the Revised Code, THE violation of
any provision of a code of ethics
of the American medical association, the American osteopathic
association, the American podiatric medical association, and OR
any
other national professional organizations as are determined, by
rule, by the state medical board. The state medical board shall
obtain and keep on file current copies of the codes of ethics of
the various national professional organizations. The
practitioner whose certificate is being suspended or revoked
shall not be found to have violated any provision of a code of
ethics of an organization not appropriate to the practitioner's
profession.
(b) For purposes of this division, a "provision of a code
of ethics of a national professional organization" does not
include any provision of a code of ethics of a specified national
professional organization that would preclude the making of a
report by a physician of an employee's use of a drug of abuse, or
of a condition of an employee other than one involving the use of
a drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code, and nothing
in this division affects, or shall be construed as affecting, the
immunity from civil liability conferred by that section upon a
physician who makes either type of report in accordance with
division (B) of that section. As used in this division,
"employee," "employer," and "physician" have the same meanings as
in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills. In enforcing this division, the board, upon a
showing of a possible violation, may compel any individual
licensed or certified to practice by this chapter or who has
applied for licensure or certification pursuant to this chapter
to submit to a mental or physical examination, or both, as
required by and at the expense of the board. Failure of any
individual to submit to a mental or physical examination when
directed constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's control,
and a default and final order may be entered without the taking
of testimony or presentation of evidence. If the board finds a
physician unable to practice because of the reasons set forth in
this division, the board shall require the physician to submit to
care, counseling, or treatment by physicians approved or
designated by the board, as a condition for initial, continued,
reinstated, or renewed licensure to practice. An individual
licensed by this chapter affected under this division shall be
afforded an opportunity to demonstrate to the board that the individual can
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's certificate.
For the
purpose of this division, any individual licensed or certified to
practice by this chapter accepts the privilege of practicing in
this state, and, by so doing or by the making and filing of a
registration or application to practice in this state, shall be
deemed to have given consent to submit to a mental or
physical examination when directed to do so in writing by the
board, and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.
(20) Except as provided in division (B)(27) of this
section and section 4731.225 of the Revised Code, AND SUBJECT TO SECTION
4731.226 of the Revised Code, violating or
attempting to violate, directly or indirectly, or assisting in or
abetting the violation of, or conspiring to violate, any
provisions of this chapter or any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
promulgated by the board that would preclude the making of a
report by a physician of an employee's use of a drug of abuse, or
of a condition of an employee other than one involving the use of
a drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code, and nothing
in this division affects, or shall be construed as affecting, the
immunity from civil liability conferred by that section upon a
physician who makes either type of report in accordance with
division (B) of that section. As used in this division,
"employee," "employer," and "physician" have the same meanings as
in section 2305.33 of the Revised Code.
(21) The violation of any abortion rule adopted by the
public health council pursuant to section 3701.341 of the Revised
Code;
(22) The limitation, revocation, or suspension by another
state of a license or certificate to practice issued by the
proper licensing authority of that state, the refusal to license,
register, or reinstate an applicant by that authority, the
imposition of probation by that authority, or the
issuance of an order of censure or other reprimand by that authority for
any reason, other than
nonpayment of fees;
(23) The violation of section 2919.12 of the Revised Code
or the performance or inducement of an abortion upon a pregnant
woman with actual knowledge that the conditions specified in
division (B) of section 2317.56 of the Revised Code have not been
satisfied or with a heedless indifference as to whether those
conditions have been satisfied, unless an affirmative defense as
specified in division (H)(2) of that section would apply in a
civil action authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction,
or termination of clinical privileges by the department of
defense, or the veterans administration of the United States, for
any act or acts that would also WOULD constitute a violation of
this
chapter;
(25) Termination or suspension from medicare or medicaid
programs by the department of health and human services or other
responsible agency for any act or acts that would also WOULD
constitute
a violation of division (B)(2), (3), (6), (8), or (19)
of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or excessive use or abuse of drugs, alcohol, or other substances
that impair ability to practice.
For the purposes of this division, any individual licensed
or certified under this chapter accepts the privilege of
practicing in this state subject to supervision by the board. By
filing a registration or application for licensure or by holding
a license or certificate under this chapter, an individual shall
be deemed to have given consent to submit to a mental or
physical examination when ordered to do so by the board in
writing, and to have waived all objections to the admissibility
of testimony or examination reports that constitute privileged
communications.
If it has reason to believe that any individual licensed or
certified under this chapter or any applicant for a license or
certification suffers such impairment, the board may compel the
individual to submit to a mental or physical examination, or
both. The examination shall be at the expense of the board. Any
mental or physical examination required under this division shall
be undertaken by a treatment provider or physician WHO IS qualified to
conduct such THE examination and WHO IS chosen by the
board.
Failure of the individual to submit to a mental or physical
examination ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board determines that the
individual's ability to practice is impaired, the board shall
suspend the individual's certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated, or renewed licensure to practice, to submit to
treatment.
Before being eligible to apply for reinstatement of a
license suspended under this division, the practitioner shall
demonstrate to the board that the practitioner can resume practice in
compliance with acceptable and prevailing standards of care under
the provisions of the practitioner's certificate. Such THE
demonstration shall
include, but shall not be limited to, the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the practitioner has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making such THE assessments
and
shall describe the basis for this determination.
The board may reinstate a license suspended under this
division after such THAT demonstration and after the individual
has
entered into a written consent agreement.
When the impaired practitioner resumes practice after
reinstatement of the practitioner's license, the board shall
require continued
monitoring of the practitioner, which shall include, but not be
limited to, compliance with the written consent agreement entered
into before reinstatement or with conditions imposed by board
order after a hearing, and, upon termination of the consent
agreement, submission to the board for at least two years of
annual written progress reports made under penalty of perjury
stating whether the practitioner has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66
or 4731.69 of the Revised Code;
(28) Except as provided in division (J) of this section:
(a) Waiving the payment of all or any part of a
deductible or copayment that a patient, pursuant to a health
insurance or health care policy, contract, or plan that covers
the practitioner's services, would otherwise WOULD be required
to pay
if the waiver is used as an enticement to a patient or group of
patients to receive health care services from that provider;
(b) Advertising that the practitioner will waive the
payment of all or
any part of a deductible or copayment that a patient, pursuant to
a health insurance or health care policy, contract, or plan that
covers the practitioner's services, would otherwise WOULD be
required
to pay;.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of the Revised Code;
(30) Failure of a collaborating physician to perform
the responsibilities agreed to by the
physician in the protocol
established between the physician and an advanced practice nurse
in accordance with section 4723.56 of the Revised Code;
(31) Failure to provide notice to, and receive
acknowledgment of the
notice from, a patient when required by section 4731.143 of the Revised Code
prior to providing nonemergency professional services, or failure to maintain
that notice in the patient's file;
(32) Failure of a physician supervising a physician assistant to
maintain supervision in accordance with the requirements of Chapter
4730. of the Revised Code and the rules adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a standard care
arrangement with a clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner with whom the physician or podiatrist is in
collaboration pursuant to section 4731.27 of the Revised Code and TO
practice in accordance with the arrangement.
For purposes of divisions (B)(10), (12), and (14) of this
section, the commission of the act may be established by a
finding by the board, pursuant to an adjudication under
Chapter 119. of the Revised Code, that the applicant or
certificate holder committed the act in question. The board
shall DOES NOT have no jurisdiction under these
THOSE divisions in cases where IF
the trial court renders a final judgment in the certificate
holder's favor and that judgment is based upon an adjudication on
the merits. The board shall have HAS jurisdiction under
these THOSE
divisions in cases where IF the trial court issues an order of
dismissal upon technical or procedural grounds.
The sealing of conviction records shall have no effect upon
a prior board order entered under the provisions of this section
or upon the board's jurisdiction to take action under the
provisions of this section if a notice of AN opportunity for
A hearing
has been issued based upon A conviction, a plea of guilty, or a
judicial finding of guilt prior to such THE court order.
(C)(1) The board shall investigate evidence that appears
to show that any person has violated any provision of this
chapter or any rule adopted under it. Any person may report to the board
in a
signed writing
any information that the person may have that appears to show a
violation of any provision of this chapter or any rule
adopted under it. In
the absence of bad
faith, any person who reports such information OF THAT NATURE or
who testifies
before the board in any adjudication hearing conducted under
Chapter 119. of the Revised Code shall not be liable for civil
IN
damages IN A CIVIL ACTION as a result of the report or testimony.
Each complaint or allegation of a violation received by the
board shall be assigned a case number and shall be recorded by
the board. Information received by the board pursuant to an
investigation shall be confidential and not subject to discovery
in any civil action.
Investigations of alleged violations of this chapter or any rule
adopted under it shall
be supervised by the supervising member elected by the board in
accordance with section 4731.02 of the Revised Code and by the
secretary as provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to
supervise the investigation in place of the supervising member. No member of
the board who supervises the investigation of a case
shall participate in further adjudication of the case.
For the purpose of investigation of a possible violation of
division (B)(3), (8), (9), (11), or (15) of this section, the
board may administer oaths, order the taking of depositions,
issue subpoenas, and compel the attendance of witnesses and
production of books, accounts, papers, records, documents, and
testimony.
In investigating possible violations of all remaining
divisions of this section and sections of this chapter or any rule adopted
under this chapter, the board
also may administer oaths, order the taking of depositions, issue
subpoenas, and compel the attendance of witnesses and production
of books, accounts, papers, records, documents, and testimony.
However, in such THOSE instances, other than for patient records
provided to the board pursuant to the reporting provisions of
division (A) of section 4731.224 of the Revised Code, a subpoena
for patient record information shall not be issued without
consultation with the attorney general's office and approval of
the secretary of the board, the supervising member, and a member
of the board who holds a certificate issued under
this chapter authorizing the practice of medicine and
surgery, osteopathic
medicine and surgery, or podiatry PODIATRIC MEDICINE AND
SURGERY.
Before issuance
of such A
subpoena OF THAT NATURE, the three board members shall determine
whether there
is probable cause to believe that the complaint filed alleges a
violation of this chapter or
any rule adopted under it, and that the records
sought are relevant
to the alleged violation and material to the investigation. Such
THOSE
records must cover a reasonable period of time surrounding the
alleged violation. Upon failure to comply with any subpoena
issued by the board and after reasonable notice to the person
being subpoenaed, the board may move for an order compelling the
production of persons or records pursuant to the Rules of Civil
Procedure. Each officer who serves such A subpoena OF THAT
NATURE
shall receive
the same fees as a sheriff, and each witness who appears, in
obedience to a subpoena, before the board, shall receive the fees
and mileage provided for witnesses in civil cases in the courts
of common pleas.
All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.251 of
the Revised Code.
The board shall conduct all investigations and proceedings
in such a manner as to protect THAT PROTECTS patient
confidentiality. The
board shall not make public names or other identifying
information about patients unless proper consent is given or a
waiver of the patient privilege exists under division (B) of
section 2317.02 of the Revised Code, except that no such consent
or waiver OF THAT NATURE is required if the board possesses reliable
and
substantial evidence that no bona fide physician-patient
relationship exists.
(2) In the absence of fraud or bad faith, neither the
board nor any current or former member, agent, representative, or
employee of the board shall be held liable in damages to any
person as the result of any act, omission, proceeding, conduct,
or decision related to official duties undertaken or
performed pursuant to this chapter. If a current or former member, agent,
representative, or employee requests the state to defend
against any claim or action arising out of any act, omission,
proceeding, conduct, or decision related to the person's
official
duties, and if the request is made in writing at a
reasonable
time before trial, and IF the person requesting defense
cooperates in good faith in the defense of the claim or action,
the state shall provide and pay for such THE defense and shall
pay
any resulting judgment, compromise, or settlement. At no time
shall the state pay that part of a claim or judgment that
is for
punitive or exemplary damages.
(3) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation pursuant to division (C)(1) of this section;
(b) The type of license or certificate to practice, if
any, held by the individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending,
and shall be prepared in such a manner as to protect THAT
PROTECTS the identity
of each person involved in each case. The report shall be a
public record under section 149.43 of the Revised Code.
(D) If the secretary and supervising member determine that
there is clear and convincing evidence that a certificate holder
has violated division (B) of this section and that the
certificate holder's continued practice presents a danger of
immediate and serious harm to the public, they may recommend that
the board suspend the certificate holder's certificate without a
prior hearing. Written allegations shall be prepared for consideration by the
board members.
The board, upon review of those allegations and by a vote
of not fewer than six of its members, excluding the secretary and
supervising member, may suspend a certificate without a prior
hearing. A telephone conference call may be utilized for
reviewing the allegations and taking such a vote OF THAT NATURE.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. Such THE order shall not be subject to
suspension
by the court during pendency of any appeal filed under section
119.12 of the Revised Code. If the certificate holder requests
an adjudicatory hearing by the board, the date set for such THAT
hearing shall be within fifteen days, but not earlier than seven
days, after the certificate holder has requested a hearing,
unless otherwise agreed to by both the board and the certificate
holder.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board shall issue its final adjudicative order within sixty days
after completion of its hearing. A failure to issue the order
within sixty days shall result in dissolution of the summary
suspension order, but shall not invalidate any subsequent, final
adjudicative order.
(E) If the board should take TAKES action under division
(B)(9),
(11), or (13) of this section, and the conviction, judicial
finding of guilt, or guilty plea is overturned on appeal, upon
exhaustion of the criminal appeal, a petition for reconsideration
of the order may be filed with the board along with appropriate
court documents. Upon receipt of such A petition OF THAT
NATURE and supporting
court documents, the board shall reinstate the petitioner's
certificate. The board may then MAY hold an adjudication to
determine whether the applicant or certificate holder committed
the act in question. Notice of AN opportunity for A hearing
shall be
given in accordance with Chapter 119. of the Revised Code. If
the board finds, pursuant to an adjudication held under this division,
that the applicant or certificate holder committed the act, or if
no hearing is requested, it THE BOARD may order any of the
sanctions
identified under division (B) of this section. The board shall DOES
NOT
have no jurisdiction under division (B)(10), (12), or (14) of
this section in cases where IF the trial court renders a final
judgment in the certificate holder's favor and that judgment is
based upon an adjudication on the merits. The board shall have
HAS
jurisdiction under those divisions in cases where IF the trial
court
issues an order of dismissal upon technical or procedural
grounds.
(F) The certificate or license issued to an
individual under
this chapter and the individual's practice in this
state are automatically ARE suspended as of the date the
individual pleads
guilty to, is found by a judge
or jury to be guilty of, or is subject to a judicial
finding of eligibility for treatment in lieu of conviction for either of the
following:
(1) In this state, aggravated murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary;
(2) In another jurisdiction, any criminal offense
substantially equivalent to those specified in division (F)(1) of
this section.
Continued practice after suspension of the individual's
certificate or license shall be considered practicing
without a certificate or license. The board shall notify the
individual subject to the suspension by certified mail or in person in
accordance with section 119.07 of the Revised Code. If an
individual whose certificate or license is suspended under this
division fails to make a timely request for an adjudicatory
hearing, the board shall enter a final order revoking the
certificate or license.
(G) In any instance in which IF the board is required by
Chapter 119. of the Revised Code to give notice of AN
opportunity for A hearing and IF the applicant or certificate
holder
does not timely request a hearing in accordance with section
119.07 of the Revised Code, the board is not required
to hold a hearing, but may adopt, by a vote of not fewer than
six of its members, a final order that contains the board's
findings. In that final order, the board may order any of the
sanctions identified under division
(B) of this section.
(H) Any action taken by the board under division (B) of
this section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the certificate holder may be reinstated to practice. The board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(I) Notwithstanding any other provision of the Revised
Code, no surrender of a license or certificate issued under this
chapter shall be effective
unless or until accepted by the board. Reinstatement of a
certificate surrendered to the board requires an affirmative vote
of not fewer than six members of the board.
Notwithstanding any other provision of the Revised Code, no
application for a license or certificate made under the
provisions of this chapter
may be withdrawn without approval of the board.
(J) Sanctions shall not be imposed under division
(B)(28) of this section against any person who
waives deductibles and copayments as follows:
(1) In compliance with the health benefit plan that
expressly allows such a practice OF THAT NATURE. Waiver of the
deductibles or
copayments shall be made only with the full knowledge and consent of
the plan purchaser, payer, and third-party administrator. Documentation of
the consent shall be made available to the board upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent allowed by this
chapter and rules adopted by the board.
Sec. 4731.226. (A) AN INDIVIDUAL WHOM THE STATE MEDICAL BOARD
LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO ENGAGE IN THE
PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND
SURGERY, OR PODIATRIC MEDICINE AND SURGERY MAY RENDER THE
PROFESSIONAL SERVICES OF A DOCTOR OF MEDICINE AND SURGERY,
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND
SURGERY WITHIN THIS STATE THROUGH A CORPORATION FORMED UNDER
DIVISION (B) OF SECTION 1701.03 OF THE REVISED
CODE, A LIMITED LIABILITY
COMPANY FORMED UNDER CHAPTER 1705. OF THE REVISED
CODE, A PARTNERSHIP, OR A PROFESSIONAL ASSOCIATION FORMED UNDER
CHAPTER 1785. OF THE REVISED CODE. THIS DIVISION
DOES NOT PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM RENDERING
PROFESSIONAL SERVICES AS A DOCTOR OF MEDICINE AND SURGERY,
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND
SURGERY THROUGH ANOTHER FORM OF BUSINESS ENTITY, INCLUDING, BUT
NOT LIMITED TO, A NONPROFIT CORPORATION OR FOUNDATION, OR IN
ANOTHER MANNER THAT IS AUTHORIZED BY OR IN ACCORDANCE WITH
THIS CHAPTER, ANOTHER CHAPTER OF THE REVISED CODE, OR RULES
OF THE STATE MEDICAL BOARD ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION,
LIMITED LIABILITY COMPANY, PARTNERSHIP, OR PROFESSIONAL
ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS SECTION MAY BE
FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION OF THE
PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE LICENSED,
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO PRACTICE
THEIR RESPECTIVE PROFESSIONS:
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY UNDER
CHAPTER 4725. REVISED CODE;
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER
CHAPTER 4734. of the Revised Code;
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE
PSYCHOLOGY UNDER CHAPTER 4732.
of the Revised Code;
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS
LICENSED PRACTICAL NURSES UNDER
CHAPTER 4723. of the Revised Code;
(5) DOCTORS OF MEDICINE AND SURGERY,
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND
SURGERY WHO ARE AUTHORIZED FOR THEIR RESPECTIVE PRACTICES UNDER THIS CHAPTER.
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION OF A CODE OF ETHICS
DESCRIBED IN
DIVISION (B)(18) OF SECTION 4731.22 OF THE REVISED
CODE, OR A PROVISION OF A RULE
OF THE STATE MEDICAL BOARD ADOPTED PURSUANT TO THIS CHAPTER,
THAT EXPRESSLY OR IMPLICITLY PURPORTS TO PROHIBIT A DOCTOR OF
MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR
PODIATRIC MEDICINE AND SURGERY FROM ENGAGING IN THE DOCTOR'S
AUTHORIZED PRACTICE IN COMBINATION WITH A PERSON WHO IS
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO
ENGAGE IN THE PRACTICE OF OPTOMETRY, CHIROPRACTIC, PSYCHOLOGY, OR NURSING, BUT
WHO IS NOT ALSO LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO
PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY,
OR PODIATRIC MEDICINE AND SURGERY.
Sec. 4731.44. As used in this section, "supplier" means a
person who prepares or sells spectacles, eyeglasses, lenses,
contact lenses, or other vision correcting items, devices, or
procedures.
(A) A physician or surgeon DOCTOR OF MEDICINE AND SURGERY
OR OF OSTEOPATHIC MEDICINE AND SURGERY WHO
IS licensed to practice medicine or AND surgery OR
OSTEOPATHIC MEDICINE AND SURGERY in this
state, on completion of a vision examination
and diagnosis, shall give each patient for whom he THE DOCTOR
prescribes any vision correcting item, device, or procedure, one copy of the
prescription, without additional charge to the patient. This
THE prescription shall include the following:
(1) The date of its issuance;
(2) Sufficient information to enable the patient to obtain
from the supplier of his THE PATIENT'S choice, the vision
correcting item,
device, or procedure that has been prescribed.
(B) Any supplier who fills a prescription for contact
lenses furnished by a physician or surgeon DOCTOR OF MEDICINE AND
SURGERY OR A DOCTOR OF OSTEOPATHIC MEDICINE AND SURGERY under this section
or by an
optometrist under section 4725.17 of
the Revised Code shall
furnish the patient with written recommendations to return to the
prescribing physician, surgeon DOCTOR
or
optometrist for evaluation of the contact lens fitting.
(C) Any supplier may advertise to inform the general
public of the price that he THE SUPPLIER charges for any vision
correcting item, device, or procedure. Any such AN
advertisement OF THAT NATURE shall indicate whether the price includes
A correcting item, device, or procedure. Any such AN
advertisement OF THAT NATURE shall indicate whether the price includes
ONE OR MORE OF THE FOLLOWING:
(1) An eye examination;
(2) In the case of lenses, single-vision or multifocal
lenses;
(3) In the case of contact lenses, hard or soft lenses.
The state medical board shall not adopt any rule that
restricts the right to advertise as permitted by this section.
Any municipal corporation code, ordinance, or regulation or
any township resolution that conflicts with a supplier's right to
advertise as permitted by this section, is superseded by this
section and is invalid. A municipal corporation code, ordinance,
or regulation or a township resolution conflicts with this
section if it restricts a supplier's right to advertise as
permitted by this section.
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of
the Revised Code:
(A)(1) "Clinical laboratory services" means either of the following:
(a) Any examination of materials derived from the human
body for the purpose of providing information for the diagnosis,
prevention, or treatment of any disease or impairment or for the
assessment of health;
(b) Procedures to determine, measure, or otherwise
describe the presence or absence of various substances or
organisms in the body.
(2) "Clinical laboratory services" does not include the
mere collection or preparation of specimens.
(B) "Designated health services" means any of the
following:
(1) Clinical laboratory services;
(2) Home health care services;
(3) Outpatient prescription drugs.
(C) "Fair market value" means the value in arms-length
transactions, consistent with general market value and:
(1) With respect to rentals or leases, the value of rental
property for general commercial purposes, not taking into account
its intended use;
(2) With respect to a lease of space, not adjusted to
reflect the additional value the prospective lessee or lessor
would attribute to the proximity or convenience to the lessor if
the lessor is a potential source of referrals to the lessee.
(D) "Governmental health care program" means
any program
providing health care benefits that is administered by the
federal government, this state, or a political subdivision of
this state, including the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, health care coverage for public
employees, health care benefits administered by the bureau of
workers' compensation, the medical assistance program established
under Chapter 5111. of the Revised Code, and disability assistance medical
assistance established
under Chapter 5115. of the Revised Code.
(E)(1) "Group practice" means a group of two
or more
holders of certificates under this chapter legally organized as a
partnership, professional corporation or association, LIMITED LIABILITY
COMPANY, foundation, nonprofit corporation, faculty practice plan,
or similar group practice entity, including an organization comprised of a
nonprofit medical clinic that contracts with a professional
corporation or association of physicians to provide medical
services exclusively to patients of the clinic in order to comply
with section 1701.03 of the Revised Code
AND INCLUDING A CORPORATION, LIMITED LIABILITY COMPANY,
PARTNERSHIP, OR PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION
(B) OF SECTION 4731.226 OF THE REVISED CODE FORMED
FOR THE PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL SERVICES OF
OPTOMETRISTS WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED
TO PRACTICE OPTOMETRY, UNDER CHAPTER 4725. OF THE REVISED
CODE, OF CHIROPRACTORS WHO
ARE LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO PRACTICE
CHIROPRACTIC, UNDER CHAPTER 4734. of the Revised Code,
OF PSYCHOLOGISTS WHO ARE LICENSED, CERTIFICATED, OR
OTHERWISE LEGALLY AUTHORIZED TO PRACTICE PSYCHOLOGY UNDER
CHAPTER 4732. of the Revised Code, OF REGISTERED OR LICENSED
PRACTICAL NURSES WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE
LEGALLY AUTHORIZED TO PRACTICE NURSING UNDER
CHAPTER 4723. of the Revised Code, AS A
REGISTERED OR LICENSED PRACTICAL NURSE,
AND OF DOCTORS OF
MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE
AND SURGERY WHO ARE LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED
FOR THEIR RESPECTIVE PRACTICES UNDER THIS CHAPTER, to which all of the
following apply:
(a) Each physician who is a member of the group practice
provides substantially the full range of services that the
physician routinely provides, including medical care,
consultation, diagnosis, or treatment, through the joint use of
shared office space, facilities, equipment, and personnel;.
(b) Substantially all of the services of the physicians
who are members of the group are provided through the group and
are billed in the name of the group and amounts so received are
treated as receipts of the group;.
(c) The overhead expenses of and the income from the
practice are distributed in accordance with methods previously
determined by members of the group;.
(d) The group practice meets any other requirements that
the state medical board applies in rules adopted under section
4731.70 of the Revised Code.
(2) In the case of a faculty practice plan associated with
a hospital with a medical residency training program in which
physician members may provide a variety of specialty services and
provide professional services both within and outside the group,
as well as perform other tasks such as research, the criteria in
division (E)(1) of this section apply only
with respect to
services rendered within the faculty practice plan.
(F) "Home health care services" and
"immediate family" have the SAME meanings given AS in
THE rules adopted under section 4731.70 of the Revised Code.
(G) "Hospital" has the same meaning as in section
3727.01 of the Revised Code.
(H) A "referral" includes both of the following:
(1) A request by a holder of a certificate under this
chapter for an item or service, including a request for a
consultation with another physician and any test or procedure
ordered by or to be performed by or under the supervision of the
other physician;
(2) A request for or establishment of a plan of care by a
certificate holder that includes the provision of designated health services.
(I) "Third-party payer" has the same meaning
as in section 3901.38 of the Revised Code.
Sec. 4732.17. (A) The state board of psychology may refuse to
issue a license to any applicant, may issue a reprimand, or
suspend or revoke the license of any licensed psychologist or
licensed school psychologist, on any of the following grounds:
(A)(1) Conviction of a felony, or of any offense involving
moral turpitude, in a court of this or any other state or in a
federal court;
(B)(2) Using fraud or deceit in the procurement of the
license to practice psychology or school psychology or knowingly
assisting another in the procurement of such a license through
fraud or deceit;
(C)(3) Accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals;
(D)(4) Willful, unauthorized communication of information
received in professional confidence;
(E)(5) Being negligent in the practice of psychology or
school psychology;
(F)(6) Using any controlled substance or alcoholic beverage
to an extent that such use impairs his THE PERSON'S ability to
perform the
work of a psychologist or school psychologist with safety to the
public;
(G) Violating (7) SUBJECT TO SECTION 4732.28 of the Revised Code,
VIOLATING any rule of professional conduct promulgated
by the board;
(H)(8) Practicing in an area of psychology for which the
person is clearly untrained or incompetent;
(I)(9) An adjudication by a court, as provided in section
5122.301 of the Revised Code, that the person is incompetent for
the purpose of holding the license. Such person may have his THE
PERSON'S
license issued or restored only upon determination by a court
that he THE PERSON is competent for the purpose of holding the
license and
upon the decision by the board that such license be issued or
restored. The board may require an examination prior to such
issuance or restoration.
(J)(10) Waiving the payment of all or any part of a
deductible or
copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers psychological
services, would otherwise be required to pay if the waiver is
used as an enticement to a patient or group of patients to
receive health care services from that provider.;
(K)(11) Advertising that he THE PERSON will
waive the payment of all or any
part of a deductible or copayment that a patient, pursuant to a
health insurance or health care policy, contract, or plan that
covers psychological services, would otherwise be required to
pay.;
(L)(12) Notwithstanding divisions (J)(A)(10)
and (K)(11) of this section, sanctions shall not be imposed
against any licensee who waives
deductibles and copayments:
(1)(a) In compliance with the health benefit plan that
expressly
allows such a practice. Waiver of the deductibles or copays
shall be made only with the full knowledge and consent of the
plan purchaser, payer, and third-party administrator. Such
consent shall be made available to the board upon request.
(2)(b) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
(M)(B) Before the board may deny, suspend, or revoke a
license
under this section, or otherwise discipline the holder of a
license, written charges shall be filed with the board by the
secretary and a hearing shall be had thereon in accordance with
Chapter 119. of the Revised Code.
Sec. 4732.28. (A) AN INDIVIDUAL WHOM THE STATE BOARD OF
PSYCHOLOGY LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO ENGAGE
IN THE PRACTICE OF PSYCHOLOGY MAY RENDER THE PROFESSIONAL SERVICES OF A
PSYCHOLOGIST WITHIN THIS
STATE THROUGH A CORPORATION FORMED UNDER DIVISION
(B) OF SECTION 1701.03 OF THE REVISED CODE, A
LIMITED LIABILITY COMPANY FORMED UNDER CHAPTER 1705. OF THE
REVISED CODE, A PARTNERSHIP, OR A PROFESSIONAL ASSOCIATION
FORMED UNDER CHAPTER 1785. OF THE REVISED CODE.
THIS DIVISION DOES NOT
PRECLUDE AN INDIVIDUAL OF THAT NATURE FROM RENDERING
PROFESSIONAL SERVICES AS A PSYCHOLOGIST THROUGH ANOTHER FORM OF
BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A NONPROFIT
CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS
AUTHORIZED BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER
CHAPTER OF THE REVISED CODE, OR RULES OF THE STATE
BOARD OF PSYCHOLOGY ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION,
LIMITED LIABILITY COMPANY, PARTNERSHIP, OR PROFESSIONAL
ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS SECTION MAY BE
FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION OF THE
PROFESSIONAL SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE LICENSED,
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO PRACTICE
THEIR RESPECTIVE PROFESSIONS:
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY
UNDER CHAPTER 4725. of the Revised Code;
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER
CHAPTER 4734. of the Revised Code;
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE
PSYCHOLOGY UNDER THIS CHAPTER;
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS
LICENSED PRACTICAL NURSES UNDER
CHAPTER 4723. of the Revised Code;
(5) DOCTORS OF MEDICINE AND SURGERY, OSTEOPATHIC
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY WHO ARE
AUTHORIZED FOR THEIR RESPECTIVE PRACTICES UNDER
CHAPTER 4731. OF THE REVISED
CODE.
THIS DIVISION SHALL APPLY NOTWITHSTANDING A PROVISION
OF A CODE OF ETHICS APPLICABLE TO A PSYCHOLOGIST, OR A PROVISION OF A RULE OF
THE STATE BOARD OF PSYCHOLOGY ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY
OR IMPLICITLY PURPORTS TO PROHIBIT A PSYCHOLOGIST FROM ENGAGING IN
THE PRACTICE OF PSYCHOLOGY IN COMBINATION WITH A PERSON WHO IS
LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO
PRACTICE OPTOMETRY, CHIROPRACTIC, NURSING, MEDICINE AND SURGERY, OSTEOPATHIC
MEDICINE AND SURGERY,
OR PODIATRIC MEDICINE AND SURGERY BUT WHO IS NOT ALSO LICENSED,
CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE IN THE
PRACTICE OF PSYCHOLOGY.
Sec. 4734.03. The chiropractic examining board shall hold its annual meeting
in Ohio THIS STATE in September of each year and SHALL
HOLD other meetings at such THE times and places
as the THAT A majority of the board may direct
DIRECTS. The board shall keep a record of its
proceedings and A register of all applicants for license which
LICENSURE TO PRACTICE CHIROPRACTIC. THE register shall
show whether the AN applicant FOR LICENSURE was rejected
or a license WAS granted A LICENSE. The books and
register of the board shall be prima-facie evidence of all matters recorded
therein IN THEM. The board shall have a common seal
and, shall formulate rules to
govern its actions, and, CONSISTENT WITH SECTION 4734.091
of the Revised Code, shall establish ADOPT rules governing the
practice of
chiropractic as defined in section 4734.09 of the Revised Code. The
board shall adopt rules under this chapter according to the procedure of
Chapter 119. of the Revised Code.
Sec. 4734.091. (A) AN INDIVIDUAL WHOM THE CHIROPRACTIC EXAMINING
BOARD LICENSES, CERTIFICATES, OR OTHERWISE LEGALLY AUTHORIZES TO ENGAGE IN THE
PRACTICE OF CHIROPRACTIC MAY RENDER THE PROFESSIONAL SERVICES OF A
CHIROPRACTOR WITHIN THIS STATE THROUGH A CORPORATION FORMED UNDER DIVISION
(B) OF SECTION 1701.03 of the Revised Code, A LIMITED LIABILITY COMPANY FORMED UNDER
CHAPTER 1705. of the Revised Code, A PARTNERSHIP, OR A PROFESSIONAL ASSOCIATION
FORMED UNDER CHAPTER 1785. of the Revised Code. THIS DIVISION DOES NOT PRECLUDE AN
INDIVIDUAL OF THAT NATURE FROM RENDERING PROFESSIONAL SERVICES AS A
CHIROPRACTOR
THROUGH ANOTHER FORM OF BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, A
NONPROFIT CORPORATION OR FOUNDATION, OR IN ANOTHER MANNER THAT IS AUTHORIZED
BY OR IN ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER of the Revised Code, OR RULES OF THE
CHIROPRACTIC EXAMINING BOARD ADOPTED PURSUANT TO THIS CHAPTER.
(B) A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR
PROFESSIONAL ASSOCIATION DESCRIBED IN DIVISION (A) OF THIS SECTION
MAY BE FORMED FOR THE PURPOSE OF PROVIDING A COMBINATION OF THE PROFESSIONAL
SERVICES OF THE FOLLOWING INDIVIDUALS WHO ARE LICENSED, CERTIFICATED, OR
OTHERWISE LEGALLY
AUTHORIZED TO PRACTICE THEIR RESPECTIVE PROFESSIONS:
(1) OPTOMETRISTS WHO ARE AUTHORIZED TO PRACTICE OPTOMETRY, UNDER
CHAPTER 4725. of the Revised Code;
(2) CHIROPRACTORS WHO ARE AUTHORIZED TO PRACTICE
CHIROPRACTIC UNDER THIS CHAPTER;
(3) PSYCHOLOGISTS WHO ARE AUTHORIZED TO PRACTICE
PSYCHOLOGY UNDER CHAPTER 4732. of the Revised Code;
(4) REGISTERED OR LICENSED PRACTICAL NURSES WHO ARE
AUTHORIZED TO PRACTICE NURSING AS REGISTERED NURSES OR AS
LICENSED PRACTICAL NURSES UNDER
CHAPTER 4723. of the Revised Code;
(5) DOCTORS OF MEDICINE AND
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY
WHO ARE AUTHORIZED FOR THEIR
RESPECTIVE PRACTICES UNDER CHAPTER 4731. of the Revised Code.
THIS DIVISION SHALL
APPLY NOTWITHSTANDING A PROVISION OF A CODE OF ETHICS DESCRIBED IN DIVISION
(A)(9) OF SECTION 4734.10 of the Revised Code, OR A PROVISION OF A RULE OF THE
CHIROPRACTIC EXAMINING BOARD ADOPTED PURSUANT TO THIS CHAPTER, THAT EXPRESSLY
OR IMPLICITLY PURPORTS TO PROHIBIT AN INDIVIDUAL FROM ENGAGING IN THE PRACTICE
OF CHIROPRACTIC IN COMBINATION WITH A PERSON WHO IS LICENSED, CERTIFICATED, OR
OTHERWISE AUTHORIZED FOR THE PRACTICE OF OPTOMETRY, PSYCHOLOGY, NURSING,
MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE
AND SURGERY BUT WHO IS NOT ALSO LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY
AUTHORIZED TO ENGAGE IN THE PRACTICE OF CHIROPRACTIC.
Sec. 4734.10. (A) The chiropractic examining board may
refuse, revoke, or suspend for a limited period, the license of
any AN APPLICANT FOR LICENSURE TO PRACTICE CHIROPRACTIC OR OF A
LICENSED chiropractor for any of the following causes:
(1) His conviction CONVICTION of a felony or of a misdemeanor
involving moral turpitude, in either of which cases a certified
copy of the court record shall be conclusive evidence, upon
receipt of which the board shall revoke or suspend the license of
the person A CHIROPRACTOR so convicted;
(2) Any violation of this chapter;
(3) Fraud or deceit in procuring admission to practice;
(4) Habitually using drugs or intoxicants to the extent of
rendering him THE APPLICANT OR CHIROPRACTOR unfit for the
practice of chiropractic, or for
gross immorality;
(5) Violation of any of the rules RULE adopted by the board
governing TO GOVERN the practice of chiropractic THAT IS
CONSISTENT WITH SECTION 4734.091 of the Revised Code;
(6) Being guilty of willful and gross malpractice, or
willful or gross neglect in the practice of chiropractic;
(7) Obtaining any fee by fraud or misrepresentation;
(8) Being guilty of false, fraudulent, or misleading
advertising or advertising the prices for which his CHIROPRACTIC
services are
available; or having professional connection with any person or
any INDIVIDUAL, firm, or corporation who
THAT advertises contrary to DIVISION (A)(8) OF this
section;
(9) The SUBJECT TO SECTION 4734.091 of the Revised Code, THE violation of any
provision of the code of ethics
of the American chiropractic association, and such other OR OF
ANOTHER national
professional organizations as are ORGANIZATION AS determined by
rule, by OF the
board. The board shall obtain and keep on file current copies of
the code CODES of ethics of the national organizations. The
practitioner A CHIROPRACTOR whose certificate is being suspended or
revoked
shall not be found guilty of the violation of TO HAVE VIOLATED a
code of ethics of
an organization not appropriate to his THE CHIROPRACTOR'S
profession.
(10) His failure FAILURE of the licensing examination;
(11) Waiving the payment of all or any part of a deductible or copayment that
a patient, pursuant to a health insurance or health care policy, contract, or
plan that covers the chiropractor's services, would otherwise
WOULD be required to
pay if the waiver is used as an enticement to a patient or group of patients
to
receive health care services from that provider.;
(12) Advertising that he THE CHIROPRACTOR will waive the
payment of all or any part of a
deductible or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers the chiropractor's services,
would otherwise WOULD be required to pay.
(B) For the purpose of investigation of possible
violations of this section, the board may administer oaths, order
the taking of depositions, issue subpoenas, and compel the
attendance of witnesses and the production of books, accounts,
papers, records, documents, and testimony.
(C) Notwithstanding divisions (A)(11) and (12) of this section, sanctions
shall not be imposed against any licensee who waives deductibles and
copayments AS FOLLOWS:
(1) In compliance with the health benefit plan that expressly allows
such a
practice OF THAT NATURE. Waiver of the deductibles or copays shall be
made
only with the
full knowledge and consent of the plan purchaser, payer, and third-party
administrator. Such DOCUMENTATION OF THE consent shall be made
available to the board upon
request.
(2) For professional services rendered to any other person licensed pursuant
to this chapter to the extent allowed by this chapter and the rules of the
board.
Sec. 4734.17. No person shall practice chiropractic without a certificate
from
the chiropractic examining board, except a person to whom a current or
original
certificate to practice chiropractic has been issued by the chiropractic
examining board under Chapter 4734. of the Revised Code THIS
CHAPTER. No person shall
advertise or announce himself THE PERSON as a chiropractor
without a certificate from the
chiropractic examining board. No SUBJECT TO SECTION 4734.091 of the Revised Code,
NO person WHO IS not being a licensee shall open or
conduct an office or other place for such THE practice OF
CHIROPRACTIC without a certificate from
the board. No SUBJECT TO SECTION 4734.091 of the Revised Code, NO person
shall conduct an office in the name of some person who
has a certificate to practice chiropractic. No person shall practice
chiropractic, after a certificate has been revoked, or, if A
CERTIFICATE HAS BEEN suspended, during
the time of such THE suspension.
A certificate THAT IS signed by the secretary to which is OF
THE BOARD AND THAT HAS affixed the official seal of
the board to the effect that it appears from the
records of the board that no
such A certificate to practice chiropractic in the state has
NOT been issued to any
such A PARTICULAR person specified therein,
or that a certificate, if issued, has been
revoked or suspended, shall be received as prima-facie evidence of the
record
of such THE board in any court or before any officer of the
state.
Section 2. That existing sections 1701.03, 1705.03, 1705.04,
1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 1785.06, 1785.07,
1785.08, 4731.22, 4731.44, 4731.65, 4732.17, 4734.03, 4734.10, and 4734.17 of
the Revised Code are hereby repealed.
Section 3. That Section 4 of Am. Sub. S.B. 191 of the 120th
General Assembly is hereby repealed.
Section 4. Section 1785.01 of the Revised Code is presented in this act
as a composite of the section as amended by both Am. H.B. 344 and Sub. H.B.
276 of the 119th General Assembly, with the new language of neither of the
acts shown in capital letters. Section 4731.22 of the Revised Code is
presented in this act as
a composite of the section as amended by both Am. Sub. S.B. 154 and Am. Sub.
S.B. 259 of the 121st General Assembly,
with the new language of neither of the acts shown in capital letters.
This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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