To enact sections 4762.01 to 4762.12 of the Revised Code regarding the practice of acupuncture.

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

Sec. 4762.01. AS USED IN THIS CHAPTER:

(A) "ACUPUNCTURE" MEANS A FORM OF HEALTH CARE PERFORMED BY THE INSERTION AND REMOVAL OF SPECIALIZED NEEDLES, WITH OR WITHOUT THE APPLICATION OF MOXIBUSTION OR ELECTRICAL STIMULATION, TO SPECIFIC AREAS OF THE BODY FOR THE PROMOTION, MAINTENANCE, AND RESTORATION OF HEALTH AND THE PREVENTION OF DISEASE.

(B) "ACUPUNCTURIST" MEANS AN INDIVIDUAL ENGAGED IN THE PRACTICE OF ACUPUNCTURE IN ACCORDANCE WITH DIVISION (A) OF SECTION 4762.03 of the Revised Code.

(C) "MOXIBUSTION" MEANS THE USE OF AN HERBAL HEAT SOURCE ON ONE OR MORE ACUPUNCTURE POINTS BASED ON TRADITIONAL AND MODERN ORIENTAL MEDICAL CONCEPTS, DIAGNOSIS, AND TREATMENT FOR THE PURPOSE OF PROMOTION, MAINTENANCE, AND RESTORATION OF HEALTH AND THE PREVENTION OF DISEASE.

(D) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER CHAPTER 4731. of the Revised Code TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.

Sec. 4762.02. ACUPUNCTURE IS NOT THE PRACTICE OF MEDICINE WITHIN THE MEANING OF SECTION 4731.34 of the Revised Code.

Sec. 4762.03. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, NO PERSON SHALL ENGAGE IN THE PRACTICE OF ACUPUNCTURE UNLESS THE PERSON HAS BEEN DESIGNATED AS A DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE AND THE DESIGNATION IS CURRENT AND ACTIVE.

(B) THE REQUIREMENT OF DIVISION (A) OF THIS SECTION TO BE DESIGNATED AS A DIPLOMATE OF THE COMMISSION DOES NOT APPLY TO A PHYSICIAN OR TO A PERSON WHO PERFORMS ACUPUNCTURE AS PART OF A TRAINING PROGRAM LEADING TOWARD DESIGNATION AS A DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE.

Sec. 4762.04. (A) AN ACUPUNCTURIST SHALL PRACTICE ACUPUNCTURE UNDER THE REFERRAL OR PRESCRIPTION AND GENERAL SUPERVISION OF A PHYSICIAN AS SPECIFIED IN DIVISION (B) OF THIS SECTION. THE SUPERVISING PHYSICIAN IS NOT REQUIRED TO BE REGISTERED WITH A BOARD AS AN ACUPUNCTURIST. AN ACUPUNCTURIST IS NOT REQUIRED TO PRACTICE ACUPUNCTURE ON THE PREMISES OF THE OFFICE OF A PHYSICIAN.

(B) A SUPERVISING PHYSICIAN SHALL DO ALL OF THE FOLLOWING:

(1) PRIOR TO ACUPUNCTURE TREATMENT, PERFORM A MEDICAL DIAGNOSTIC EXAMINATION OR REVIEW THE RESULTS OF A RECENTLY PERFORMED MEDICAL DIAGNOSTIC EXAMINATION WITH RESPECT TO ANY AILMENT OR CONDITION TO BE TREATED BY ACUPUNCTURE;

(2) BE PERSONALLY AVAILABLE FOR CONSULTATION ON THE PREMISES AT WHICH ACUPUNCTURE IS PERFORMED OR BE AVAILABLE BY TELEPHONE CONTACT, CHART REVIEW, OR OTHER MEANS ACCEPTABLE TO THE STATE MEDICAL BOARD;

(3) PLACE CONDITIONS AND RESTRICTIONS ON THE COURSE OF TREATMENT IF REQUIRED AS A MATTER OF SOUND MEDICAL PRACTICE.

Sec. 4762.05. ONLY A PERSON WHO IS DESIGNATED AS A CURRENT AND ACTIVE DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE MAY USE ANY OF THE FOLLOWING TITLES, INITIALS, OR ABBREVIATIONS, OR THE EQUIVALENT OF SUCH TITLES, INITIALS, OR ABBREVIATIONS: "ACUPUNCTURIST," "C.A.," "C.AC.," "CERTIFIED ACUPUNCTURIST," "DIPL. AC (NCCAOM)," "DIPLOMATE OF ACUPUNCTURE (NCCAOM)," "L.AC.," "LIC. AC.," "LICENSED ACUPUNCTURIST," "NATIONAL BOARD CERTIFIED IN ACUPUNCTURE (NCCAOM)," "(O.M.P.)," "ORIENTAL MEDICINE PRACTITIONER," "R.AC.," OR "REG. AC."

Sec. 4762.06. PRIOR TO TREATING A PATIENT, AN ACUPUNCTURIST SHALL ADVISE THE PATIENT THAT ACUPUNCTURE IS NOT A SUBSTITUTE FOR CONVENTIONAL MEDICAL DIAGNOSIS AND TREATMENT AND REQUEST THAT THE PATIENT SIGN A FORM STATING THAT THE PATIENT ACKNOWLEDGES THAT IT IS THE PATIENT'S RESPONSIBILITY TO RETURN TO A PHYSICIAN FOR ANY NECESSARY CONVENTIONAL MEDICAL TREATMENT. THE ACUPUNCTURIST SHALL SIGN THE FORM AND KEEP A COPY OF IT WITH THE PATIENT'S RECORDS. THE ACUPUNCTURIST MAY NOT COMMENCE TREATMENT UNLESS THE PATIENT SIGNS AND DATES THE FORM.

Sec. 4762.07. WHEN FIRST MEETING A PATIENT IN PERSON, AN ACUPUNCTURIST SHALL PROVIDE IN WRITING THE ACUPUNCTURIST'S NAME, BUSINESS ADDRESS, AND BUSINESS TELEPHONE NUMBER, AND INFORMATION ON ACUPUNCTURE, INCLUDING THE TECHNIQUES THAT ARE USED.

Sec. 4762.08. AN ACUPUNCTURIST SHALL COMPLY WITH THE STANDARDS OF THE NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE REGARDING ALL OF THE FOLLOWING:

(A) PROFESSIONAL ETHICS;

(B) COMMITMENT TO PATIENTS;

(C) COMMITMENT TO THE PROFESSION;

(D) COMMITMENT TO THE PUBLIC.

Sec. 4762.09. AN ACUPUNCTURIST SHALL MAINTAIN RECORDS FOR EACH PATIENT TREATED. THE RECORDS SHALL BE RETAINED FOR NOT LESS THAN THREE YEARS FOLLOWING TERMINATION OF TREATMENT.

Sec. 4762.10. AN ACUPUNCTURIST SHALL CONSPICUOUSLY DISPLAY AT THE ACUPUNCTURIST'S PRIMARY PLACE OF BUSINESS BOTH OF THE FOLLOWING:

(A) THE CERTIFICATE OR OTHER DOCUMENT RECEIVED FROM THE NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE AS EVIDENCE THAT THE ACUPUNCTURIST HAS BEEN DESIGNATED BY THE COMMISSION AS A DIPLOMATE IN ACUPUNCTURE;

(B) A NOTICE SPECIFYING THAT THE PRACTICE OF ACUPUNCTURE IS DISCIPLINED BY THE COMMISSION AND THE ADDRESS AND TELEPHONE NUMBER OF THE COMMISSION'S EXECUTIVE OFFICE.

Sec. 4762.11. AN ACUPUNCTURIST SHALL USE ONLY STERILE SINGLE USE DISPOSABLE, OR EQUIVALENT, NEEDLES.

AN ACUPUNCTURIST IS SUBJECT TO AND SHALL COMPLY WITH THE RULES ADOPTED UNDER SECTION 4731.051 OF THE REVISED CODE ESTABLISHING UNIVERSAL BLOOD AND BODY FLUID PRECAUTIONS.

Sec. 4762.12. WHENEVER IT APPEARS THAT A PERSON IS VIOLATING OR THREATENING TO VIOLATE ANY PROVISION OF THIS CHAPTER, THE ATTORNEY GENERAL SHALL BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO ENJOIN THE ALLEGED VIOLATION. THE COURT SHALL GRANT APPROPRIATE RELIEF ON A SHOWING THAT THE PERSON IS VIOLATING OR THREATENING TO VIOLATE A PROVISION OF THIS CHAPTER.