To amend sections 4731.22, 4731.24, 4731.25, and 4731.36 and to enact sections 4762.01 to 4762.11 and 4762.13 to 4762.15 of the Revised Code regarding the practice of acupuncture.

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

Sec. 4731.22. (A) The state medical board, by an affirmative 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 during the administration of the examination for a certificate to practice or to have committed fraud, misrepresentation, or deception in applying for or securing any certificate to practice or certificate of registration issued by the board.

(B) The board, by an affirmative vote of not fewer than six members, shall, to the extent permitted by law, limit, revoke, or suspend an individual's certificate to practice, refuse to register an individual, refuse to reinstate a certificate, 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 to practice or 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 maintain minimal standards applicable to the selection or administration of drugs, or failure to employ acceptable scientific methods in the selection of drugs or other modalities for treatment of disease;

(3) Selling, giving away, personally furnishing, prescribing, or administering drugs for other than legal and legitimate therapeutic purposes or a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for treatment in lieu of conviction of, a violation of any federal or state law regulating the possession, distribution, or use of any drug;

(4) Willfully betraying a professional confidence.

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. Nothing in this division affects 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) Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients; in relation to the practice of medicine and surgery, osteopathic medicine and surgery, podiatry, or a limited branch of medicine; or in securing or attempting to secure any certificate to practice or certificate of registration issued by the board.

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 as personal gain 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, a judicial finding of guilt of, or a judicial finding of eligibility for treatment in lieu of conviction for, 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, a judicial finding of guilt of, or a judicial finding of eligibility for treatment in lieu of conviction for, a misdemeanor committed in the course of practice;

(12) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;

(13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for treatment in lieu of conviction for, a misdemeanor involving moral turpitude;

(14) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;

(15) Violation of the conditions of limitation placed by the board upon a certificate to practice;

(16) Failure to pay license renewal fees specified in this chapter;

(17) Except as authorized in section 4731.31 of the Revised Code, 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;

(18) Subject to section 4731.226 of the Revised Code, violation of any provision of a code of ethics of the American medical association, the American osteopathic association, the American podiatric medical association, or any other national professional organizations that the board specifies by rule. The state medical board shall obtain and keep on file current copies of the codes of ethics of the various national professional organizations. The individual 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 individual's profession.

For purposes of this division, a "provision of a code of ethics of a national professional organization" does not include any provision 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. Nothing in this division affects 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 authorized to practice by this chapter or who has submitted an application pursuant to this chapter to submit to a mental examination, physical examination, including an HIV test, or both a mental and a physical examination. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test 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 finds an individual unable to practice because of the reasons set forth in this division, the board shall require the individual to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for initial, continued, reinstated, or renewed authority to practice. An individual affected under this division shall be afforded an opportunity to demonstrate to the board the ability to 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 who applies for or receives a certificate to practice under this chapter accepts the privilege of practicing in this state and, by so doing, 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 when civil penalties are imposed under section 4731.225 or 4731.281 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 adopted 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. Nothing in this division affects 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) Any of the following actions taken by the state agency responsible for regulating the practice of medicine and surgery, osteopathic medicine and surgery, podiatry, or the limited branches of medicine in another state, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;

(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 United States department of defense or department of veterans affairs or the termination or suspension of a certificate of registration to prescribe drugs by the drug enforcement administration of the United States department of justice;

(25) Termination or suspension from participation in the medicare or medicaid programs by the department of health and human services or other responsible agency for any act or acts that 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 authorized to practice by this chapter accepts the privilege of practicing in this state subject to supervision by the board. By filing an application for or holding a certificate to practice 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 authorized to practice by this chapter or any applicant for certification to practice suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician who is qualified to conduct the examination and who is chosen by the board.

Failure 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 certification to practice, to submit to treatment.

Before being eligible to apply for reinstatement of a certificate suspended under this division, the impaired practitioner shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care under the provisions of the practitioner's certificate. 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 individual 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 the assessments and shall describe the basis for their determination.

The board may reinstate a certificate suspended under this division after that demonstration and after the individual has entered into a written consent agreement.

When the impaired practitioner resumes practice, the board shall require continued monitoring of the individual. The monitoring 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 individual 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 (N) 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 individual's services, 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 individual;

(b) Advertising that the individual 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 individual's services, 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 practice in accordance with the arrangement;

(34) Failure to comply with the terms of a consult agreement entered into with a pharmacist pursuant to section 4729.39 of the Revised Code;

(35) Failure to cooperate in an investigation conducted by the board under division (F) of this section, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board at a deposition or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;

(36) FAILURE TO SUPERVISE AN ACUPUNCTURIST IN ACCORDANCE WITH DIVISION (B) OF SECTION 4762.03 of the Revised Code.

(C) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.

(D) 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 individual committed the act. The board does not have jurisdiction under those divisions if the trial court renders a final judgment in the individual's favor and that judgment is based upon an adjudication on the merits. The board has jurisdiction under those divisions if the trial court issues an order of dismissal upon technical or procedural grounds.

(E) The sealing of conviction records by any court shall have no effect upon a prior board order entered under this section or upon the board's jurisdiction to take action under this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for treatment in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing of conviction records.

(F)(1) The board shall investigate evidence that appears to show that a 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 information of that nature or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable 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.

(2) 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.

(3) In investigating a possible violation of this chapter or any rule adopted under this chapter, 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, except that a subpoena for patient record information shall not be issued without consultation with the attorney general's office and approval of the secretary and supervising member of the board. Before issuance of a subpoena for patient record information, the secretary and supervising member 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. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation.

On 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.

A subpoena issued by the board may be served by a sheriff, the sheriff's deputy, or a board employee designated by the board. Service of a subpoena issued by the board may be made by delivering a copy of the subpoena to the person named therein, reading it to the person, or leaving it at the person's usual place of residence. When the person being served is a person whose practice is authorized by this chapter, service of the subpoena may be made by certified mail, restricted delivery, return receipt requested, and the subpoena shall be deemed served on the date delivery is made or the date the person refuses to accept delivery.

A sheriff's deputy who serves a subpoena shall receive the same fees as a sheriff. Each witness who appears before the board in obedience to a subpoena shall receive the fees and mileage provided for witnesses in civil cases in the courts of common pleas.

(4) All hearings and investigations of the board shall be considered civil actions for the purposes of section 2305.251 of the Revised Code.

(5) Information received by the board pursuant to an investigation is confidential and not subject to discovery in any civil action.

The board shall conduct all investigations and proceedings in a manner that protects the confidentiality of patients and persons who file complaints with the board. The board shall not make public the names or any other identifying information about patients or complainants unless proper consent is given or, in the case of a patient, a waiver of the patient privilege exists under division (B) of section 2317.02 of the Revised Code, except that consent or a waiver of that nature is not required if the board possesses reliable and substantial evidence that no bona fide physician-patient relationship exists.

The board may share any information it receives pursuant to an investigation, including patient records and patient record information, with other licensing boards and governmental agencies that are investigating alleged professional misconduct and with law enforcement agencies and other governmental agencies that are investigating or prosecuting alleged criminal offenses. A board or agency that receives the information shall comply with the same requirements regarding confidentiality as those with which the state medical board must comply, notwithstanding any conflicting provision of the Revised Code or procedure of the board or agency that applies when the board or agency is dealing with other information in its possession. The information may be admitted into evidence in a criminal trial in accordance with the Rules of Evidence, but the court shall require that appropriate measures are taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients or complainants whose confidentiality was protected by the state medical board when the information was in the board's possession. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records.

(6) 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;

(b) The type of 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 a manner 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.

(G) If the secretary and supervising member determine that there is clear and convincing evidence that an individual has violated division (B) of this section and that the individual's continued practice presents a danger of immediate and serious harm to the public, they may recommend that the board suspend the individual's certificate to practice without a prior hearing. Written allegations shall be prepared for consideration by the board.

The board, upon review of those allegations and by an affirmative 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 the vote on the summary suspension.

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. 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 individual subject to the summary suspension requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the individual requests the hearing, unless otherwise agreed to by both the board and the individual.

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.

(H) If the board takes action under division (B)(9), (11), or (13) of this section and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for treatment in lieu of conviction 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 a petition of that nature and supporting court documents, the board shall reinstate the individual's certificate to practice. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual 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 individual committed the act or if no hearing is requested, the board may order any of the sanctions identified under division (B) of this section.

(I) The certificate to practice issued to an individual under this chapter and the individual's practice in this state are automatically 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 any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after suspension shall be considered practicing without a certificate.

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 is suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's certificate to practice.

(J) If the board is required by Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and if the individual subject to the notice 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 an affirmative 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 (A) or (B) of this section.

(K) 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 individual's certificate to practice may be reinstated. 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.

(L) When the board refuses to grant a certificate to an applicant, revokes an individual's certificate to practice, refuses to register an applicant, or refuses to reinstate an individual's certificate to practice, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a certificate to practice and the board shall not accept an application for reinstatement of the certificate or for issuance of a new certificate.

(M) Notwithstanding any other provision of the Revised Code, all of the following apply:

(1) The surrender of a certificate issued under this chapter shall not 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.

(2) An application for a certificate made under the provisions of this chapter may not be withdrawn without approval of the board.

(3) Failure by an individual to renew a certificate of registration in accordance with this chapter shall not remove or limit the board's jurisdiction to take any disciplinary action under this section against the individual.

(N) 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. 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.

(O) Under the board's investigative duties described in this section and subject to division (F) of this section, the board shall develop and implement a quality intervention program designed to improve through remedial education the clinical and communication skills of individuals authorized under this chapter to practice medicine and surgery, osteopathic medicine and surgery, and podiatry. In developing and implementing the quality intervention program, the board may do all of the following:

(1) Offer in appropriate cases as determined by the board an educational and assessment program pursuant to an investigation the board conducts under this section;

(2) Select providers of educational and assessment services, including a quality intervention program panel of case reviewers;

(3) Make referrals to educational and assessment service providers and approve individual educational programs recommended by those providers. The board shall monitor the progress of each individual undertaking a recommended individual educational program.

(4) Determine what constitutes successful completion of an individual educational program and require further monitoring of the individual who completed the program or other action that the board determines to be appropriate;

(5) Adopt rules in accordance with Chapter 119. of the Revised Code to further implement the quality intervention program.

An individual who participates in an individual educational program pursuant to this division shall pay the financial obligations arising from that educational program.

Sec. 4731.24. Except as provided in sections 4731.281 and 4731.40 of the Revised Code, all receipts of the state medical board, from any source, shall be deposited in the state treasury. Until July 1, 1998, the funds shall be deposited to the credit of the occupational licensing and regulatory fund. On and after July 1, 1998, the funds shall be deposited to the credit of the state medical board operating fund, which is hereby created on July 1, 1998. All funds deposited into the state treasury under this section shall be used solely for the administration and enforcement of this chapter and Chapter CHAPTERS 4730. AND 4762. of the Revised Code by the board.

Sec. 4731.25. The state medical board, in accordance with Chapter 119. of the Revised Code, shall adopt and may amend and rescind rules establishing standards for approval of physicians and facilities as treatment providers for impaired practitioners who are regulated under this chapter or Chapter 4730. OR 4762. of the Revised Code. The rules shall include standards for both inpatient and outpatient treatment. The rules shall provide that in order to be approved, a treatment provider must have the capability of making an initial examination to determine what type of treatment an impaired practitioner requires. Subject to the rules, the board shall review and approve treatment providers on a regular basis. The board, at its discretion, may withdraw or deny approval subject to the rules.

An approved impaired practitioner treatment provider shall:

(A) Report to the board the name of any practitioner suffering or showing evidence of suffering impairment as described in division (B)(5) of section 4730.25 of the Revised Code or, division (B)(26) of section 4731.22 of the Revised Code, OR DIVISION (B)(6) OF SECTION 4762.13 of the Revised Code who fails to comply within one week with a referral for examination;

(B) Report to the board the name of any impaired practitioner who fails to enter treatment within forty-eight hours following the provider's determination that the practitioner needs treatment;

(C) Require every practitioner who enters treatment to agree to a treatment contract establishing the terms of treatment and aftercare, including any required supervision or restrictions of practice during treatment or aftercare;

(D) Require a practitioner to suspend practice upon entry into any required inpatient treatment;

(E) Report to the board any failure by an impaired practitioner to comply with the terms of the treatment contract during inpatient or outpatient treatment or aftercare;

(F) Report to the board the resumption of practice of any impaired practitioner before the treatment provider has made a clear determination that the practitioner is capable of practicing according to acceptable and prevailing standards of care;

(G) Require a practitioner who resumes practice after completion of treatment to comply with an aftercare contract that meets the requirements of rules adopted by the board for approval of treatment providers;

(H) Report the identity of any practitioner practicing under the terms of an aftercare contract to hospital administrators, medical chiefs of staff, and chairpersons of impaired practitioner committees of all health care institutions at which the practitioner holds clinical privileges or otherwise practices. If the practitioner does not hold clinical privileges at any health care institution, the treatment provider shall report the practitioner's identity to the impaired practitioner committee of the county medical society, osteopathic academy, or podiatric medical association in every county in which the practitioner practices. If there are no impaired practitioner committees in the county, the treatment provider shall report the practitioner's identity to the president or other designated member of the county medical society, osteopathic academy, or podiatric medical association.

(I) Report to the board the identity of any practitioner who suffers a relapse at any time during or following aftercare.

Any individual authorized to practice under this chapter who enters into treatment by an approved treatment provider shall be deemed to have waived any confidentiality requirements that would otherwise prevent the treatment provider from making reports required under this section.

In the absence of fraud or bad faith, no person or organization that conducts an approved impaired practitioner treatment program, no member of such an organization, and no employee, representative, or agent of the treatment provider shall be held liable in damages to any person by reason of actions taken or recommendations made by the treatment provider or its employees, representatives, or agents.

Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the Revised Code shall not prohibit service in case of emergency, or domestic administration of family remedies. Such sections shall not apply to a commissioned medical officer of the United States army, navy, or marine hospital service in the discharge of his THE OFFICER'S professional duties, or to a regularly qualified dentist when engaged exclusively in the practice of dentistry, or when administering anaesthetics, or to a physician or surgeon residing in another state or territory who is a legal practitioner of medicine or surgery therein, when in consultation with a regular practitioner of this state; nor shall such sections apply to a physician or surgeon residing on the border of a neighboring state and authorized under the laws thereof to practice medicine and surgery therein, whose practice extends within the limits of this state; provided equal rights and privileges are accorded by such neighboring state to the physicians and surgeons residing on the border of this state contiguous to such neighboring state. Such practitioner shall not open an office or appoint a place to see patients or receive calls within the limits of this state.

(B) SECTIONS 4731.01 TO 4731.47 of the Revised Code DO NOT APPLY TO AN ACUPUNCTURIST WHO COMPLIES WITH SECTIONS 4762.01 TO 4762.11 of the Revised Code.

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

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.

(B) "MOXIBUSTION" MEANS THE USE OF AN HERBAL HEAT SOURCE ON ONE OR MORE ACUPUNCTURE POINTS.

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

Sec. 4762.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, NO PERSON SHALL ENGAGE IN THE PRACTICE OF ACUPUNCTURE UNLESS THE PERSON HOLDS A VALID CERTIFICATE OF REGISTRATION ISSUED BY THE STATE MEDICAL BOARD UNDER SECTION 4762.04 of the Revised Code.

(B) DIVISION (A) OF THIS SECTION 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. 4762.03. (A) AN INDIVIDUAL SEEKING A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST SHALL FILE WITH THE STATE MEDICAL BOARD A WRITTEN APPLICATION ON A FORM PRESCRIBED AND SUPPLIED BY THE BOARD. THE APPLICATION SHALL INCLUDE ALL OF THE FOLLOWING:

(1) SATISFACTORY PROOF THAT THE APPLICANT IS AT LEAST EIGHTEEN YEARS OF AGE AND OF GOOD MORAL CHARACTER;

(2) PROOF THAT THE APPLICANT HAS BEEN DESIGNATED AS A DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE AND THAT THE DESIGNATION IS CURRENT AND ACTIVE;

(3) ANY OTHER INFORMATION THE BOARD REQUIRES.

(B) THE BOARD SHALL REVIEW ALL APPLICATIONS RECEIVED UNDER THIS SECTION. THE BOARD SHALL DETERMINE WHETHER AN APPLICANT MEETS THE REQUIREMENTS TO RECEIVE A CERTIFICATE OF REGISTRATION NOT LATER THAN SIXTY DAYS AFTER RECEIVING A COMPLETE APPLICATION. THE AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD IS REQUIRED TO DETERMINE THAT AN APPLICANT MEETS THE REQUIREMENTS FOR A CERTIFICATE.

(C) AT THE TIME OF MAKING APPLICATION FOR A CERTIFICATE OF REGISTRATION, THE APPLICANT SHALL PAY THE BOARD A FEE OF ONE HUNDRED DOLLARS, NO PART OF WHICH SHALL BE RETURNED. SUCH FEES SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION 4731.24 of the Revised Code.

Sec. 4762.04. IF THE STATE MEDICAL BOARD DETERMINES UNDER SECTION 4762.03 of the Revised Code THAT AN APPLICANT MEETS THE REQUIREMENTS FOR A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST, THE SECRETARY OF THE BOARD SHALL REGISTER THE APPLICANT AS AN ACUPUNCTURIST AND ISSUE TO THE APPLICANT A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST. THE CERTIFICATE SHALL EXPIRE BIENNIALLY AND MAY BE RENEWED IN ACCORDANCE WITH SECTION 4762.05 of the Revised Code.

UPON APPLICATION BY THE HOLDER OF A CERTIFICATE OF REGISTRATION, THE BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, OR FOR ANY OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE CERTIFICATE IS THIRTY-FIVE DOLLARS.

Sec. 4762.05. (A) A PERSON SEEKING TO RENEW A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST SHALL, ON OR BEFORE THE THIRTY-FIRST DAY OF JANUARY OF EACH EVEN-NUMBERED YEAR, APPLY FOR RENEWAL OF THE CERTIFICATE. THE STATE MEDICAL BOARD SHALL SEND RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE EXPIRATION DATE.

APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE BOARD SHALL PRESCRIBE AND FURNISH. EACH APPLICATION SHALL BE ACCOMPANIED BY A BIENNIAL RENEWAL FEE OF FIFTY DOLLARS. THE BOARD SHALL DEPOSIT THE FEES IN ACCORDANCE WITH SECTION 4731.24 of the Revised Code.

THE APPLICANT SHALL REPORT ANY CRIMINAL OFFENSE THAT CONSTITUTES GROUNDS FOR REFUSING TO ISSUE A CERTIFICATE OF REGISTRATION UNDER SECTION 4762.13 of the Revised Code TO WHICH THE APPLICANT HAS PLEADED GUILTY, OF WHICH THE APPLICANT HAS BEEN FOUND GUILTY, OR FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE FOR TREATMENT IN LIEU OF CONVICTION, SINCE LAST SIGNING AN APPLICATION FOR A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST.

(B) TO BE ELIGIBLE FOR RENEWAL, AN ACUPUNCTURIST MUST CERTIFY TO THE BOARD THAT THE ACUPUNCTURIST HAS MAINTAINED A DESIGNATION AS A DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE.

(C) IF AN APPLICANT SUBMITS A COMPLETE RENEWAL APPLICATION AND QUALIFIES FOR RENEWAL PURSUANT TO DIVISION (B) OF THIS SECTION, THE BOARD SHALL ISSUE TO THE APPLICANT A RENEWED CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST.

(D) A CERTIFICATE OF REGISTRATION THAT IS NOT RENEWED ON OR BEFORE ITS EXPIRATION DATE IS AUTOMATICALLY SUSPENDED ON ITS EXPIRATION DATE. THE STATE MEDICAL BOARD SHALL REINSTATE A CERTIFICATE SUSPENDED FOR FAILURE TO RENEW UPON AN APPLICANT'S SUBMISSION OF THE BIENNIAL RENEWAL FEE AND THE APPLICABLE MONETARY PENALTY. THE PENALTY FOR REINSTATEMENT IS TWENTY-FIVE DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO YEARS. THE BOARD SHALL DEPOSIT PENALTIES IN ACCORDANCE WITH SECTION 4731.24 of the Revised Code.

A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE UNDER SECTION 4762.13 of the Revised Code. THE BOARD SHALL DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 of the Revised Code.

Sec. 4762.06. (A) AN ACUPUNCTURIST SHALL PRACTICE ACUPUNCTURE UNDER THE WRITTEN 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 READILY AVAILABLE TO THE ACUPUNCTURIST THROUGH SOME MEANS OF TELECOMMUNICATION AND BE IN A LOCATION THAT UNDER NORMAL CIRCUMSTANCES IS NOT MORE THAN SIXTY MINUTES TRAVEL TIME AWAY FROM THE LOCATION WHERE THE ACUPUNCTURIST IS PRACTICING;

(3) PLACE CONDITIONS AND RESTRICTIONS ON THE COURSE OF TREATMENT IN COMPLIANCE WITH ACCEPTED OR PREVAILING STANDARDS OF MEDICAL CARE.

Sec. 4762.07. A PERSON WHO HOLDS A CERTIFICATE ISSUED UNDER SECTION 4762.04 OF THE REVISED CODE MAY USE ONLY THE FOLLOWING TITLES, INITIALS, OR ABBREVIATIONS, OR THE EQUIVALENT OF SUCH TITLES, INITIALS, OR ABBREVIATIONS TO IDENTIFY THE PERSON AS AN ACUPUNCTURIST: "ACUPUNCTURIST," "REGISTERED ACUPUNCTURIST," "C.A.," "C.AC.," "CERTIFIED ACUPUNCTURIST," "DIPL. AC (NCCAOM)," "DIPLOMATE OF ACUPUNCTURE (NCCAOM)," "LICENSED ACUPUNCTURIST," "NATIONAL BOARD CERTIFIED IN ACUPUNCTURE (NCCAOM)," "R.AC.," OR "REG. AC."

Sec. 4762.08. PRIOR TO TREATING A PATIENT, AN ACUPUNCTURIST SHALL ADVISE THE PATIENT THAT ACUPUNCTURE IS NOT A SUBSTITUTE FOR CONVENTIONAL MEDICAL DIAGNOSIS AND TREATMENT.

Sec. 4762.09. 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. 4762.10. AN ACUPUNCTURIST SHALL MAINTAIN RECORDS FOR EACH PATIENT TREATED. THE RECORDS SHALL BE CONFIDENTIAL AND SHALL BE RETAINED FOR NOT LESS THAN THREE YEARS FOLLOWING TERMINATION OF TREATMENT.

Sec. 4762.11. AN ACUPUNCTURIST SHALL CONSPICUOUSLY DISPLAY AT THE ACUPUNCTURIST'S PRIMARY PLACE OF BUSINESS BOTH OF THE FOLLOWING:

(A) A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE MEDICAL BOARD AS EVIDENCE THAT THE ACUPUNCTURIST IS CERTIFIED TO PRACTICE ACUPUNCTURE IN THIS STATE;

(B) A NOTICE SPECIFYING THAT THE PRACTICE OF ACUPUNCTURE IS REGULATED BY THE STATE MEDICAL BOARD AND THE ADDRESS AND TELEPHONE NUMBER OF THE BOARD'S OFFICE.

Sec. 4762.13. (A) THE STATE MEDICAL BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, MAY REVOKE OR MAY REFUSE TO GRANT A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST TO A PERSON FOUND BY THE BOARD TO HAVE COMMITTED FRAUD, MISREPRESENTATION, OR DECEPTION IN APPLYING FOR OR SECURING THE CERTIFICATE.

(B) THE BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, SHALL, TO THE EXTENT PERMITTED BY LAW, LIMIT, REVOKE, OR SUSPEND AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST, REFUSE TO ISSUE A CERTIFICATE TO AN APPLICANT, REFUSE TO REINSTATE A CERTIFICATE, OR REPRIMAND OR PLACE ON PROBATION THE HOLDER OF A CERTIFICATE FOR ANY OF THE FOLLOWING REASONS:

(1) PERMITTING THE HOLDER'S NAME OR CERTIFICATE TO BE USED BY ANOTHER PERSON;

(2) FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR ANY RULES ADOPTED BY THE BOARD;

(3) VIOLATING OR ATTEMPTING TO VIOLATE, DIRECTLY OR INDIRECTLY, OR ASSISTING IN OR ABETTING THE VIOLATION OF, OR CONSPIRING TO VIOLATE, ANY PROVISION OF THIS CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR THE RULES ADOPTED BY THE BOARD;

(4) A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL STANDARDS OF CARE OF SIMILAR PRACTITIONERS UNDER THE SAME OR SIMILAR CIRCUMSTANCES WHETHER OR NOT ACTUAL INJURY TO THE PATIENT IS ESTABLISHED;

(5) INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND PREVAILING STANDARDS OF CARE BY REASON OF MENTAL ILLNESS OR PHYSICAL ILLNESS, INCLUDING PHYSICAL DETERIORATION THAT ADVERSELY AFFECTS COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS;

(6) 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;

(7) WILLFULLY BETRAYING A PROFESSIONAL CONFIDENCE;

(8) MAKING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING STATEMENT IN SOLICITING OR ADVERTISING FOR PATIENTS OR IN SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF REGISTRATION TO PRACTICE AS AN ACUPUNCTURIST.

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.

(9) REPRESENTING, WITH THE PURPOSE OF OBTAINING COMPENSATION OR OTHER ADVANTAGE PERSONALLY OR FOR ANY OTHER PERSON, THAT AN INCURABLE DISEASE OR INJURY, OR OTHER INCURABLE CONDITION, CAN BE PERMANENTLY CURED;

(10) THE OBTAINING OF, OR ATTEMPTING TO OBTAIN, MONEY OR ANYTHING OF VALUE BY FRAUDULENT MISREPRESENTATIONS IN THE COURSE OF PRACTICE;

(11) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION FOR, A FELONY;

(12) COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS COMMITTED;

(13) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE;

(14) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE;

(15) COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS COMMITTED;

(16) COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS COMMITTED;

(17) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION FOR VIOLATING ANY STATE OR FEDERAL LAW REGULATING THE POSSESSION, DISTRIBUTION, OR USE OF ANY DRUG, INCLUDING TRAFFICKING IN DRUGS;

(18) ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF ACUPUNCTURE IN ANOTHER STATE, FOR ANY REASON OTHER THAN THE NONPAYMENT OF FEES: THE LIMITATION, REVOCATION, OR SUSPENSION OF AN INDIVIDUAL'S LICENSE TO PRACTICE; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE SURRENDER; DENIAL OF A LICENSE; REFUSAL TO RENEW OR REINSTATE A LICENSE; IMPOSITION OF PROBATION; OR ISSUANCE OF AN ORDER OF CENSURE OR OTHER REPRIMAND;

(19) VIOLATION OF THE CONDITIONS PLACED BY THE BOARD ON A CERTIFICATE OF REGISTRATION;

(20) FAILURE TO USE UNIVERSAL BLOOD AND BODY FLUID PRECAUTIONS ESTABLISHED BY RULES ADOPTED UNDER SECTION 4731.051 OF THE REVISED CODE;

(21) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY THE BOARD UNDER SECTION 4762.15 OF THE REVISED CODE, INCLUDING FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE IN ISSUE;

(22) FAILURE TO COMPLY WITH THE STANDARDS OF THE NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE REGARDING PROFESSIONAL ETHICS, COMMITMENT TO PATIENTS, COMMITMENT TO THE PROFESSION, AND COMMITMENT TO THE PUBLIC.

(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A CONSENT AGREEMENT WITH AN ACUPUNCTURIST OR APPLICANT TO RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A CONSENT AGREEMENT, WHEN RATIFIED BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD, SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT.

(D) FOR PURPOSES OF DIVISIONS (B)(12), (15), AND (16) 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 HAVE NO JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE 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 JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS.

(E) THE SEALING OF CONVICTION RECORDS BY ANY COURT 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, BASED UPON A PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION, THE BOARD ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO THE COURT'S ORDER TO SEAL THE RECORDS. THE BOARD SHALL NOT BE REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS.

(F) FOR PURPOSES OF THIS DIVISION, ANY INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER, OR APPLIES FOR A CERTIFICATE OF REGISTRATION, 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.

(1) IN ENFORCING DIVISION (B)(5) OF THIS SECTION, THE BOARD, UPON A SHOWING OF A POSSIBLE VIOLATION, MAY COMPEL ANY INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR WHO HAS APPLIED FOR A CERTIFICATE OF REGISTRATION PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL EXAMINATION, PHYSICAL EXAMINATION, INCLUDING AN HIV TEST, OR BOTH A MENTAL AND PHYSICAL EXAMINATION. THE EXPENSE OF THE EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION OR CONSENT TO AN HIV TEST 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 FINDS AN ACUPUNCTURIST UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION (B)(5) OF THIS SECTION, THE BOARD SHALL REQUIRE THE ACUPUNCTURIST TO SUBMIT TO CARE, COUNSELING, OR TREATMENT BY PHYSICIANS APPROVED OR DESIGNATED BY THE BOARD, AS A CONDITION FOR AN INITIAL, CONTINUED, REINSTATED, OR RENEWED CERTIFICATE OF REGISTRATION. AN INDIVIDUAL AFFECTED UNDER THIS DIVISION SHALL BE AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME PRACTICING IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE.

(2) FOR PURPOSES OF DIVISION (B)(6) OF THIS SECTION, IF THE BOARD HAS REASON TO BELIEVE THAT ANY INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR ANY APPLICANT FOR A CERTIFICATE OF REGISTRATION SUFFERS SUCH IMPAIRMENT, THE BOARD MAY COMPEL THE INDIVIDUAL TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION, OR BOTH. THE EXPENSE OF THE EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. ANY MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER THIS DIVISION SHALL BE UNDERTAKEN BY A TREATMENT PROVIDER OR PHYSICIAN QUALIFIED TO CONDUCT SUCH EXAMINATION AND CHOSEN BY THE BOARD.

FAILURE 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 CERTIFICATE SUSPENDED UNDER THIS DIVISION, THE ACUPUNCTURIST SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME PRACTICE IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE. THE DEMONSTRATION SHALL INCLUDE THE FOLLOWING:

(a) CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER SECTION 4731.25 OF THE REVISED CODE THAT THE INDIVIDUAL 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 ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION.

THE BOARD MAY REINSTATE A CERTIFICATE SUSPENDED UNDER THIS DIVISION AFTER SUCH DEMONSTRATION AND AFTER THE INDIVIDUAL HAS ENTERED INTO A WRITTEN CONSENT AGREEMENT.

WHEN THE IMPAIRED ACUPUNCTURIST RESUMES PRACTICE, THE BOARD SHALL REQUIRE CONTINUED MONITORING OF THE ACUPUNCTURIST. THE MONITORING SHALL INCLUDE 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 FALSIFICATION STATING WHETHER THE ACUPUNCTURIST HAS MAINTAINED SOBRIETY.

(G) IF THE SECRETARY AND SUPERVISING MEMBER DETERMINE THAT THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN ACUPUNCTURIST HAS VIOLATED DIVISION (B) OF THIS SECTION AND THAT THE INDIVIDUAL'S CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE AND SERIOUS HARM TO THE PUBLIC, THEY MAY RECOMMEND THAT THE BOARD SUSPEND THE INDIVIDUAL'S CERTIFICATE TO PRACTICE WITHOUT A PRIOR HEARING. WRITTEN ALLEGATIONS SHALL BE PREPARED FOR CONSIDERATION BY THE BOARD.

THE BOARD, UPON REVIEW OF THOSE ALLEGATIONS AND BY AN AFFIRMATIVE 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 THE VOTE ON THE SUMMARY SUSPENSION.

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. 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 ACUPUNCTURIST REQUESTS AN ADJUDICATORY HEARING BY THE BOARD, THE DATE SET FOR THE HEARING SHALL BE WITHIN FIFTEEN DAYS, BUT NOT EARLIER THAN SEVEN DAYS, AFTER THE ACUPUNCTURIST REQUESTS THE HEARING, UNLESS OTHERWISE AGREED TO BY BOTH THE BOARD AND THE CERTIFICATE HOLDER.

A 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. 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.

(H) IF THE BOARD TAKES ACTION UNDER DIVISION (B)(11), (13), OR (14) OF THIS SECTION, AND THE JUDICIAL FINDING OF GUILT, GUILTY PLEA, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION 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 A PETITION AND SUPPORTING COURT DOCUMENTS, THE BOARD SHALL REINSTATE THE CERTIFICATE OF REGISTRATION. THE BOARD MAY THEN HOLD AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER THE INDIVIDUAL COMMITTED THE ACT IN QUESTION. NOTICE OF OPPORTUNITY FOR 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 INDIVIDUAL COMMITTED THE ACT, OR IF NO HEARING IS REQUESTED, IT MAY ORDER ANY OF THE SANCTIONS IDENTIFIED UNDER DIVISION (B) OF THIS SECTION.

(I) THE CERTIFICATE OF REGISTRATION OF AN ACUPUNCTURIST AND THE ACUPUNCTURIST'S PRACTICE IN THIS STATE ARE AUTOMATICALLY SUSPENDED AS OF THE DATE THE ACUPUNCTURIST 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 ANY OF THE FOLLOWING CRIMINAL OFFENSES IN THIS STATE OR A SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER JURISDICTION: AGGRAVATED MURDER, MURDER, VOLUNTARY MANSLAUGHTER, FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL BATTERY, GROSS SEXUAL IMPOSITION, AGGRAVATED ARSON, AGGRAVATED ROBBERY, OR AGGRAVATED BURGLARY. CONTINUED PRACTICE AFTER THE SUSPENSION SHALL BE CONSIDERED PRACTICING WITHOUT A CERTIFICATE.

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 IS SUSPENDED UNDER THIS DIVISION FAILS TO MAKE A TIMELY REQUEST FOR AN ADJUDICATION UNDER CHAPTER 119. of the Revised Code, THE BOARD SHALL ENTER A FINAL ORDER PERMANENTLY REVOKING THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION.

(J) IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED BY CHAPTER 119. of the Revised Code TO GIVE NOTICE OF OPPORTUNITY FOR HEARING AND THE INDIVIDUAL SUBJECT TO THE NOTICE 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 AN AFFIRMATIVE 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 (A) OR (B) OF THIS SECTION.

(K) ANY ACTION TAKEN BY THE BOARD UNDER DIVISION (B) OF THIS SECTION RESULTING IN A SUSPENSION SHALL BE ACCOMPANIED BY A WRITTEN STATEMENT OF THE CONDITIONS UNDER WHICH THE ACUPUNCTURIST'S CERTIFICATE MAY BE REINSTATED. THE BOARD SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code 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.

(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST TO AN APPLICANT, REVOKES AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO ISSUE A CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY THAT ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE OF A NEW CERTIFICATE.

(M) NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED CODE, ALL OF THE FOLLOWING APPLY:

(1) THE SURRENDER OF A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST ISSUED UNDER THIS CHAPTER IS NOT 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.

(2) AN APPLICATION MADE UNDER THIS CHAPTER FOR A CERTIFICATE OF REGISTRATION, APPROVAL OF A STANDARD OR SUPPLEMENTAL UTILIZATION PLAN, OR APPROVAL OF A SUPERVISION AGREEMENT MAY NOT BE WITHDRAWN WITHOUT APPROVAL OF THE BOARD.

(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF REGISTRATION IN ACCORDANCE WITH SECTION 4762.05 OF THE REVISED CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL.

Sec. 4762.14. (A) THE STATE MEDICAL BOARD SHALL INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT ANY PERSON HAS VIOLATED THIS CHAPTER OR A RULE ADOPTED UNDER IT. ANY PERSON MAY REPORT TO THE BOARD IN A SIGNED WRITING ANY INFORMATION THE PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR RULE ADOPTED UNDER IT. IN THE ABSENCE OF BAD FAITH, A PERSON WHO REPORTS SUCH INFORMATION OR TESTIFIES BEFORE THE BOARD IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. of the Revised Code SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A RESULT OF REPORTING THE INFORMATION OR PROVIDING TESTIMONY. EACH COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED BY THE BOARD SHALL BE ASSIGNED A CASE NUMBER AND BE RECORDED BY THE BOARD.

(B) INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS CHAPTER OR RULES 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 4762.15 of the Revised Code. THE PRESIDENT MAY DESIGNATE ANOTHER MEMBER OF THE BOARD TO SUPERVISE THE INVESTIGATION IN PLACE OF THE SUPERVISING MEMBER. A MEMBER OF THE BOARD WHO SUPERVISES THE INVESTIGATION OF A CASE SHALL NOT PARTICIPATE IN FURTHER ADJUDICATION OF THE CASE.

(C) IN INVESTIGATING A POSSIBLE VIOLATION OF THIS CHAPTER OR A RULE ADOPTED UNDER IT, 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, EXCEPT THAT A SUBPOENA FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED WITHOUT CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND APPROVAL OF THE SECRETARY AND SUPERVISING MEMBER OF THE BOARD. BEFORE ISSUANCE OF A SUBPOENA FOR PATIENT RECORD INFORMATION, THE SECRETARY AND SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A VIOLATION OF THIS CHAPTER OR A RULE ADOPTED UNDER IT AND THAT THE RECORDS SOUGHT ARE RELEVANT TO THE ALLEGED VIOLATION AND MATERIAL TO THE INVESTIGATION. THE SUBPOENA MAY APPLY ONLY TO RECORDS THAT COVER A REASONABLE PERIOD OF TIME SURROUNDING THE ALLEGED VIOLATION.

ON 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.

A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS A PHYSICIAN ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE SUBPOENA SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR THE DATE THE PERSON REFUSES TO ACCEPT DELIVERY.

A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA SHALL RECEIVE THE SAME FEES AS A SHERIFF. EACH WITNESS WHO APPEARS BEFORE THE BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE THE FEES AND MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE COURTS OF COMMON PLEAS.

(D) ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 of the Revised Code.

(E) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY CIVIL ACTION.

THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND PERSONS WHO FILE COMPLAINTS WITH THE BOARD. THE BOARD SHALL NOT MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN OR, IN THE CASE OF A PATIENT, A WAIVER OF THE PATIENT PRIVILEGE EXISTS UNDER DIVISION (B) OF SECTION 2317.02 of the Revised Code, EXCEPT THAT CONSENT OR A WAIVER IS NOT REQUIRED IF THE BOARD POSSESSES RELIABLE AND SUBSTANTIAL EVIDENCE THAT NO BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP EXISTS.

THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES PURSUANT TO AN INVESTIGATION, INCLUDING PATIENT RECORDS AND PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS AND GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL MISCONDUCT AND WITH LAW ENFORCEMENT AGENCIES AND OTHER GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING OR PROSECUTING ALLEGED CRIMINAL OFFENSES. A BOARD OR AGENCY THAT RECEIVES THE INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION of the Revised Code OR PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE BOARD OR AGENCY IS DEALING WITH OTHER INFORMATION IN ITS POSSESSION. THE INFORMATION MAY BE ADMITTED INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE COURT SHALL REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR DELETING SPECIFIC INFORMATION FROM ITS RECORDS.

(F) THE STATE MEDICAL BOARD SHALL DEVELOP REQUIREMENTS FOR AND PROVIDE APPROPRIATE INITIAL AND CONTINUING TRAINING FOR INVESTIGATORS EMPLOYED BY THE BOARD TO CARRY OUT ITS DUTIES UNDER THIS CHAPTER. THE TRAINING AND CONTINUING EDUCATION MAY INCLUDE ENROLLMENT IN COURSES OPERATED OR APPROVED BY THE OHIO PEACE OFFICER TRAINING COUNCIL THAT THE BOARD CONSIDERS APPROPRIATE UNDER CONDITIONS SET FORTH IN SECTION 109.79 of the Revised Code.

(G) 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:

(1) THE CASE NUMBER ASSIGNED TO THE COMPLAINT OR ALLEGED VIOLATION;

(2) THE TYPE OF CERTIFICATE TO PRACTICE, IF ANY, HELD BY THE INDIVIDUAL AGAINST WHOM THE COMPLAINT IS DIRECTED;

(3) A DESCRIPTION OF THE ALLEGATIONS CONTAINED IN THE COMPLAINT;

(4) THE DISPOSITION OF THE CASE.

THE REPORT SHALL STATE HOW MANY CASES ARE STILL PENDING, AND SHALL BE PREPARED IN A MANNER THAT PROTECTS THE IDENTITY OF EACH PERSON INVOLVED IN EACH CASE. THE REPORT SHALL BE SUBMITTED TO THE PHYSICIAN ASSISTANT POLICY COMMITTEE OF THE BOARD AND IS A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 of the Revised Code.

Sec. 4762.15. THE SECRETARY OF THE STATE MEDICAL BOARD SHALL ENFORCE THE LAWS RELATING TO THE PRACTICE OF ACUPUNCTURISTS. IF THE SECRETARY HAS KNOWLEDGE OR NOTICE OF A VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT, THE SECRETARY SHALL INVESTIGATE THE MATTER, AND, UPON PROBABLE CAUSE APPEARING, FILE A COMPLAINT AND PROSECUTE THE OFFENDER. WHEN REQUESTED BY THE SECRETARY, THE PROSECUTING ATTORNEY OF THE PROPER COUNTY SHALL TAKE CHARGE OF AND CONDUCT SUCH PROSECUTION.