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As Reported by the Senate Health, Human Services
and Aging Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 506 |
REPRESENTATIVES SCHURING-OGG-DePIERO-VAN VYVEN-ASLANIDES-BUEHRER-
TIBERI-JONES-FORD-GOODMAN-PERRY-STEVENS-SCHULER-DAMSCHRODER-
JOLIVETTE-VERICH-O'BRIEN-HARRIS-KRUPINSKI-SALERNO-
SENATORS DRAKE-WACHTMANN-PRENTISS-HAGAN
A BILL
To amend sections 119.06, 119.12, 121.22, 125.22,
2317.02, 2929.24, 3701.74,
3719.12, 3719.121, 3729.40,
4734.01, 4734.02, 4734.03, 4734.04,
4734.05, 4734.06, 4734.07, 4734.08, 4734.09,
4734.091, 4734.10,
4734.101, 4734.11, 4734.12, 4734.13, 4734.14,
4734.15, 4734.16,
4734.17, 4734.18, 4734.19, 4734.20, 4734.21,
4734.22, 4734.99, 4755.65, 4779.16,
and 5903.12; to amend, for
the purpose of adopting new section
numbers as indicated in
parentheses, sections 4734.01 (4734.02), 4734.02 (4734.05),
4734.03 (4734.04), 4734.04 (4734.03),
4734.05 (4734.20), 4734.06
(4734.23), 4734.07 (4734.25), 4734.09 (4734.15), 4734.091
(4734.17), 4734.10 (4734.31), 4734.101 (4734.37), 4734.11
(4734.38), 4734.12 (4734.34), 4734.13 (4734.46), 4734.14
(4734.45), 4734.15 (4734.47), 4734.16 (4734.53), 4734.17
(4734.14), 4734.18 (4734.54), 4734.19
(4734.24), 4734.20
(4734.56), 4734.21 (4734.55), 4734.22 (4734.311), and 4734.23 (4734.161); and
to
enact new sections 4734.01, 4734.06, 4734.07, 4734.09,
4734.10, 4734.16, 4734.19, 4734.21, and 4734.22 and sections
4734.201, 4734.26, 4734.27,
4734.32,
4734.35, 4734.36, 4734.39, 4734.40, 4734.41, 4734.42,
4734.48, 4734.49, and 4734.50 of the
Revised Code to revise the laws pertaining to the regulation of
chiropractors; to make changes in the law governing testimonial privilege
in certain cases; to extend the date by
which an application must be made to receive a license without examination in
the practice of orthotics, prosthetics, or pedorthics; and to provide that the
provisions of this act relative to the practices of orthotics, prosthetics,
and pedorthics terminate on December 31, 2004, when section 4779.16 of the
Revised Code is repealed on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.06, 119.12, 121.22, 125.22,
2317.02, 2929.24, 3701.74,
3719.12, 3719.121, 3729.40, 4734.01, 4734.02, 4734.03,
4734.04, 4734.05, 4734.06, 4734.07, 4734.08, 4734.09, 4734.091,
4734.10, 4734.101, 4734.11, 4734.12, 4734.13, 4734.14, 4734.15,
4734.16, 4734.17, 4734.18, 4734.19, 4734.20, 4734.21, 4734.22,
4734.99, 4755.65, 4779.16, and 5903.12 be
amended; sections 4734.01 (4734.02), 4734.02 (4734.05), 4734.03
(4734.04), 4734.04 (4734.03), 4734.05 (4734.20), 4734.06
(4734.23), 4734.07 (4734.25), 4734.09 (4734.15), 4734.091
(4734.17), 4734.10 (4734.31), 4734.101 (4734.37), 4734.11
(4734.38), 4734.12 (4734.34), 4734.13 (4734.46), 4734.14
(4734.45), 4734.15 (4734.47), 4734.16 (4734.53), 4734.17
(4734.14), 4734.18 (4734.54), 4734.19 (4734.24), 4734.20
(4734.56), 4734.21 (4734.55), 4734.22 (4734.311), and 4734.23 (4734.161) be
amended
for the purpose of adopting new section numbers as indicated in
parentheses; and new sections 4734.01, 4734.06, 4734.07,
4734.09, 4734.10, 4734.16, 4734.19, 4734.21, and 4734.22 and sections
4734.201, 4734.26,
4734.27,
4734.32, 4734.35, 4734.36, 4734.39, 4734.40, 4734.41, 4734.42,
4734.48, 4734.49, and 4734.50 of the Revised Code be enacted to read
as
follows:
Sec. 119.06. No adjudication order of an agency shall be
valid unless the agency is specifically authorized by law to make
such order.
No adjudication order shall be valid unless an opportunity
for a hearing is afforded in accordance with sections 119.01 to
119.13 of the Revised Code. Such opportunity for a hearing shall
be given before making the adjudication order except in those
situations where this section provides otherwise.
The following adjudication orders shall be effective
without a hearing:
(A) Orders revoking a license in cases where an agency is
required by statute to revoke a license pursuant to the judgment
of a court;
(B) Orders suspending a license where a statute
specifically permits the suspension of a license without a
hearing;
(C) Orders or decisions of an authority within an agency
if the rules of the agency or the statutes pertaining to such
agency specifically give a right of appeal to a higher authority
within such agency, to another agency, or to the board of tax
appeals, and also give the appellant a right to a hearing on such
appeal.
When a statute permits the suspension of a license without
a prior hearing, any agency issuing an order pursuant to such
statute shall afford the person to whom the order is issued a
hearing upon request.
Whenever an agency claims that a person is required by
statute to obtain a license, it shall afford a hearing upon the
request of a person who claims that the law does not impose such
a requirement.
Every agency shall afford a hearing upon the request of any
person who has been refused admission to an examination where
such examination is a prerequisite to the issuance of a license
unless a hearing was held prior to such refusal.
Unless a hearing was held prior to the refusal to issue the
license, every agency shall afford a hearing upon the request of
a person whose application for a license has been rejected and to
whom the agency has refused to issue a license, whether it is a
renewal or a new license, except that the following are not
required to afford a hearing to a person to whom a new license
has been refused because the person failed a licensing
examination: the state medical board, STATE chiropractic
examining
board, board of examiners of architects, board of landscape
architect examiners, and any section of the Ohio occupational
therapy, physical therapy, and athletic trainers board.
When periodic registration of licenses is required by law,
the agency shall afford a hearing upon the request of any
licensee whose registration has been denied, unless a hearing was
held prior to such denial.
When periodic registration of licenses or renewal of
licenses is required by law, a licensee who has filed his AN
application for registration or renewal within the time and in
the manner provided by statute or rule of the agency, shall not
be required to discontinue a licensed business or profession
merely because of the failure of the agency to act on his THE
LICENSEE'S
application. Action of an agency rejecting any such application
shall not be effective prior to fifteen days after notice of the
rejection is mailed to the licensee.
Sec. 119.12. Any party adversely affected by any order of
an agency issued pursuant to an adjudication denying an applicant
admission to an examination, or denying the issuance or renewal
of a license or registration of a licensee, or revoking or
suspending a license, or allowing the payment of a forfeiture
under section 4301.252 of the Revised Code, may appeal from the
order of the agency to the court of common pleas of the county in
which the place of business of the licensee is located or the
county in which the licensee is a resident, except that appeals
from decisions of the liquor control commission,
the state medical board, STATE chiropractic examining
board, and board of nursing shall be to the court of common pleas
of Franklin county. If any such party is not a resident of and
has no place of business in this state, the party may appeal
to the
court of common pleas of Franklin county.
Any party adversely affected by any order of an agency
issued pursuant to any other adjudication may appeal to the court
of common pleas of Franklin county, except that appeals from
orders of the fire marshal issued under Chapter 3737. of the
Revised Code may be to the court of common pleas of the county in
which the building of the aggrieved person is located.
This section does not apply to appeals from the department
of taxation.
Any party desiring to appeal shall file a notice of appeal
with the agency setting forth the order appealed from and the
grounds of the party's appeal. A copy of such notice of
appeal shall
also be filed by the appellant with the court. Unless otherwise
provided by law relating to a particular agency, such notices of
appeal shall be filed within fifteen days after the mailing of
the notice of the agency's order as provided in this section.
For purposes of this paragraph, an order includes a determination
appealed pursuant to division (C) of section 119.092 of the
Revised Code.
The filing of a notice of appeal shall not automatically
operate as a suspension of the order of an agency. If it appears
to the court that an unusual hardship to the appellant will
result from the execution of the agency's order pending
determination of the appeal, the court may grant a suspension and
fix its terms. If an appeal is taken from the judgment of the
court and the court has previously granted a suspension of the
agency's order as provided in this section, such suspension of
the agency's order shall not be vacated and shall be given full
force and effect until the matter is finally adjudicated. No
renewal of a license or permit shall be denied by reason of such
suspended order during the period of the appeal from the decision
of the court of common pleas. In the case of an appeal from the
state medical board or STATE chiropractic examining board, the
court may grant a suspension and fix its terms if it appears to the
court that an unusual hardship to the appellant will result from
the execution of the agency's order pending determination of the
appeal and the health, safety, and welfare of the public will not
be threatened by suspension of the order. This provision shall
not be construed to limit the factors the court may consider in
determining whether to suspend an order of any other agency
pending determination of an appeal.
The final order of adjudication may apply to any renewal of
a license or permit which has been granted during the period of
the appeal.
Notwithstanding any other provision of this section, any
order issued by a court of common pleas or a court of appeals suspending the
effect of
an order of the liquor control commission issued pursuant to Chapter 4301. or
4303. of the Revised Code that suspends,
revokes, or cancels a permit issued under Chapter 4303. of the Revised Code,
or that allows the payment of a
forfeiture under section 4301.252
of the Revised Code, shall terminate not more than six months
after the date of the filing of the record of the liquor control commission
with the clerk of the court
of common pleas
and shall not be extended. The court of common pleas, or the court of appeals
on appeal, shall render a judgment in that matter within six months after the
date of the filing of the record of the liquor control commission with the
clerk of the court of common pleas. A court of appeals shall not issue an
order suspending the effect of an order of the liquor control commission that
extends beyond six months after the date on which the record of the liquor
control commission is filed with a court of common pleas.
Notwithstanding any other provision of this section, any
order issued by a court of common pleas suspending the effect of
an order of the state medical board or STATE chiropractic
examining board that limits, revokes, suspends, places on probation, or
refuses to register or reinstate a certificate issued by the
board or reprimands the holder of such a certificate shall
terminate not more than fifteen months after the date of the
filing of a notice of appeal in the court of common pleas, or
upon the rendering of a final decision or order in the appeal by
the court of common pleas, whichever occurs first.
Within thirty days after receipt of a notice of appeal from
an order in any case in which a hearing is required by sections
119.01 to 119.13 of the Revised Code, the agency shall prepare
and certify to the court a complete record of the proceedings in
the case. Failure of the agency to comply within the time
allowed, upon motion, shall cause the court to enter a finding in
favor of the party adversely affected. Additional time, however,
may be granted by the court, not to exceed thirty days, when it
is shown that the agency has made substantial effort to comply.
Such record shall be prepared and transcribed and the expense of
it shall be taxed as a part of the costs on the appeal. The
appellant shall provide security for costs satisfactory to the
court of common pleas. Upon demand by any interested party, the
agency shall furnish at the cost of the party requesting it a
copy of the stenographic report of testimony offered and evidence
submitted at any hearing and a copy of the complete record.
Notwithstanding any other provision of this section, any
party desiring to appeal an order or decision of the state
personnel board of review shall, at the time of filing a notice
of appeal with the board, provide a security deposit in an amount
and manner prescribed in rules that the board shall adopt in
accordance with this chapter. In addition, the board is not
required to prepare or transcribe the record of any of its
proceedings unless the appellant has provided the deposit
described above. The failure of the board to prepare or
transcribe a record for an appellant who has not provided a
security deposit shall not cause a court to enter a finding
adverse to the board.
Unless otherwise provided by law, in the hearing of the
appeal, the court is confined to the record as certified to it by
the agency. Unless otherwise provided by law, the court may
grant a request for the admission of additional evidence when
satisfied that such additional evidence is newly discovered and
could not with reasonable diligence have been ascertained prior
to the hearing before the agency.
The court shall conduct a hearing on such appeal and shall
give preference to all proceedings under sections 119.01 to
119.13 of the Revised Code, over all other civil cases,
irrespective of the position of the proceedings on the calendar
of the court. An appeal from an order of the state medical board
issued pursuant to division (G) of either
section 4730.25 or 4731.22 of the Revised Code, or the STATE
chiropractic examining board issued pursuant to section 4734.101
4734.37 of the Revised Code, or the liquor control commission issued
pursuant to Chapter 4301. or 4303. of the Revised Code shall be set down for
hearing at the earliest possible time and takes precedence over
all other actions. The hearing in the court of common pleas
shall proceed as in the trial of a civil action, and the court
shall determine the rights of the parties in accordance with the
laws applicable to such action. At such hearing, counsel may be
heard on oral argument, briefs may be submitted, and evidence
introduced if the court has granted a request for the
presentation of additional evidence.
The court may affirm the order of the agency complained of
in the appeal if it finds, upon consideration of the entire
record and such additional evidence as the court has admitted,
that the order is supported by reliable, probative, and
substantial evidence and is in accordance with law. In the
absence of such a finding, it may reverse, vacate, or modify the
order or make such other ruling as is supported by reliable,
probative, and substantial evidence and is in accordance with
law. The court shall award compensation for fees in accordance
with section 2335.39 of the Revised Code to a prevailing party,
other than an agency, in an appeal filed pursuant to this
section.
The judgment of the court shall be final and conclusive
unless reversed, vacated, or modified on appeal. Such appeals
may be taken either by the party or the agency, shall proceed as
in the case of appeals in civil actions, and shall be pursuant to
the Rules of Appellate Procedure and, to the extent not in
conflict with those rules, Chapter 2505. of the Revised Code.
Such appeal by the agency shall be taken on questions of law
relating to the constitutionality, construction, or
interpretation of statutes and rules of the agency, and in such
appeal the court may also review and determine the correctness of
the judgment of the court of common pleas that the order of the
agency is not supported by any reliable, probative, and
substantial evidence in the entire record.
The court shall certify its judgment to such agency or take
such other action necessary to give its judgment effect.
Sec. 121.22. (A) This section shall be liberally
construed to require public officials to take official action and
to conduct all deliberations upon official business only in open
meetings unless the subject matter is specifically excepted by
law.
(B) As used in this section:
(1) "Public body" means any of the following:
(a) Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or
authority, and any legislative authority or board, commission,
committee, council, agency, authority, or similar
decision-making body of
any county, township, municipal corporation, school district, or
other political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in
division (B)(1)(a) of this section;
(c) A court of jurisdiction of a sanitary district organized
wholly for the purpose of providing a water supply for domestic, municipal,
and public use when meeting
for the purpose of the appointment, removal, or reappointment of a member of
the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if
applicable, or for any other matter related to
such a district other than litigation involving the district. As used in
division (B)(1)(c) of this section, "court of
jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the
public business of the public body by a majority of its members.
(3) "Regulated individual" means either of the following:
(a) A student in a state or local public educational
institution;
(b) A person who is, voluntarily or involuntarily, an
inmate, patient, or resident of a state or local institution
because of criminal behavior, mental illness or retardation,
disease, disability, age, or other condition requiring custodial
care.
(C) All meetings of any public body are declared to be
public meetings open to the public at all times. A member of a
public body shall be present in person at a meeting open to
the
public to be considered present or to vote at the meeting and for
purposes of determining whether a quorum is present at the
meeting.
The minutes of a regular or special meeting of any
public body shall be promptly prepared, filed, and maintained and
shall be open to public inspection. The minutes need only
reflect the general subject matter of discussions in executive
sessions authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following:
(1) A grand jury;
(2) An audit conference conducted by the auditor of state or
independent
certified public accountants with officials of the public office
that is the subject of the audit;
(3) The adult parole authority
when its hearings are conducted at a correctional institution for
the sole purpose of interviewing inmates to determine parole or
pardon;
(4) The organized crime investigations commission
established under section 177.01 of the Revised Code;
(5) Meetings of a child fatality review board established under section
307.621 of the Revised Code and meetings conducted pursuant to
sections 5153.171 to 5153.173
of the Revised Code;
(6) The state medical board when determining whether to suspend a
certificate without a prior hearing pursuant to division
(G) of
either section 4730.25 or 4731.22 of the Revised Code;
(7) The board of nursing when
determining whether to suspend a license or certificate without a prior
hearing
pursuant to division (B) of section 4723.281 of the
Revised Code;
(8) The state board of pharmacy when determining whether to suspend a
license without a prior hearing pursuant to division (D) of section
4729.16 of the Revised Code;
(9) THE STATE CHIROPRACTIC BOARD WHEN DETERMINING WHETHER TO SUSPEND A
LICENSE WITHOUT A HEARING PURSUANT TO SECTION 4734.37 of the Revised Code.
(10) The executive committee of the emergency response
commission when determining whether to issue an enforcement order
or request that a civil action, civil penalty action, or criminal
action be brought to enforce Chapter 3750. of the Revised Code.
(E) The controlling board, the development financing
advisory council, the industrial technology and enterprise
advisory council,
the tax credit authority, or the minority development
financing advisory board, when meeting to consider granting
assistance pursuant to Chapter 122. or 166. of the Revised Code,
in order to protect the interest of the applicant or the possible
investment of public funds, by unanimous vote of all board,
council,
or authority members present, may close the meeting
during
consideration of the following information confidentially
received by the authority, council, or board from
the
applicant:
(1) Marketing plans;
(2) Specific business strategy;
(3) Production techniques and trade secrets;
(4) Financial projections;
(5) Personal financial statements of the applicant or
members of the applicant's immediate family, including, but not
limited to,
tax records or other similar information not open to public
inspection.
The vote by the authority, council, or board to
accept
or reject the application, as well as all proceedings of the
authority, council, or board not subject to this
division,
shall be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a
reasonable method whereby any person may determine the time and
place of all regularly scheduled meetings and the time, place,
and purpose of all special meetings. A public body shall not
hold a special meeting unless it gives at least twenty-four
hours' advance notice to the news media that have requested
notification, except in the event of an emergency requiring
immediate official action. In the event of an emergency, the
member or members calling the meeting shall notify the news media
that have requested notification immediately of the time, place,
and purpose of the meeting.
The rule shall provide that any person, upon request
and payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in division (J) of this
section, the members of a public body may hold an executive
session only after a majority of a quorum of the public body
determines, by a roll call vote, to hold an executive
session and only
at a regular or special meeting for the sole purpose of the
consideration of any of the following matters:
(1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for
the elected official's removal from office. If a public body holds
an executive
session pursuant to division (G)(1) of this section, the motion
and vote to hold that executive session shall state which one or
more of the approved purposes listed in division (G)(1) of this
section are the purposes for which the executive session is to be
held, but need not include the name of any person to be
considered at the meeting.
(2) To consider the purchase of property for public
purposes, or for the sale of property at competitive bidding, if
premature disclosure of information would give an unfair
competitive or bargaining advantage to a person whose personal,
private interest is adverse to the general public interest. No
member of a public body shall use division (G)(2) of
this section as a
subterfuge
for providing covert information to prospective buyers or
sellers. A purchase or sale of public property is void if the
seller or buyer of the public property has received covert
information from a member of a public body that has not been
disclosed to the general public in sufficient time for other
prospective buyers and sellers to prepare and submit offers.
If the minutes of the public body show that all meetings
and deliberations of the public body have been conducted in
compliance with this section, any instrument executed by the
public body purporting to convey, lease, or otherwise dispose of
any right, title, or interest in any public property shall be
conclusively presumed to have been executed in compliance with
this section insofar as title or other interest of any bona fide
purchasers, lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the
subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations
or bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal
law or regulations or state statutes;
(6) Specialized details of security arrangements if
disclosure of the matters discussed might reveal information that
could be used for the purpose of committing, or avoiding
prosecution for, a violation of the law;
(7) In the case of a county hospital operated pursuant to
Chapter 339. of the Revised Code, to consider trade
secrets, as defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (7) of this
section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session.
A public body specified in division (B)(1)(c) of
this section shall not hold an executive session when meeting for the purposes
specified in that division.
(H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting
that results from deliberations in a meeting not open to the
public is invalid unless the deliberations were for a purpose
specifically authorized in division (G) or (J) of this section and
conducted at an executive session held in compliance with this
section. A resolution, rule, or formal action adopted in an open
meeting is invalid if the public body that adopted the
resolution, rule, or formal action violated division (F) of this
section.
(I)(1) Any person may bring an action to enforce this section. An action
under
division (I)(1) of this section shall
be brought within two years after the date of the alleged
violation or threatened violation. Upon proof of a violation or
threatened violation of this section in an action brought by any
person, the court of common pleas shall issue an injunction to
compel the members of the public body to comply with its
provisions.
(2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall
order the public body that it enjoins to pay a civil forfeiture
of five hundred dollars to the party that sought the injunction
and shall award to that party all court costs and, subject to
reduction as described in
division (I)(2) of this section, reasonable attorney's
fees. The court, in its discretion, may reduce an award of
attorney's fees to the party that sought the injunction or not
award attorney's fees to that party if the court determines both
of the following:
(i) That, based on the ordinary application of statutory
law and case law as it existed at the time of violation or
threatened violation that was the basis of the injunction, a
well-informed public body reasonably would believe that the
public body was not violating or threatening to violate this
section;
(ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an
injunction pursuant to division (I)(1) of this section and the
court determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that
sought the injunction shall be conclusively and irrebuttably
presumed upon proof of a violation or threatened violation of
this section.
(4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of
common pleas for that purpose by the prosecuting attorney or the
attorney general.
(J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code,
a veterans service commission shall hold an executive session for one or more
of the following purposes unless an applicant requests a public
hearing:
(a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code;
(b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised
Code;
(c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the Revised Code.
(2) A veterans service commission shall not exclude an applicant for,
recipient of, or former recipient of financial assistance under sections
5901.01 to 5901.15 of the Revised Code, and
shall not exclude representatives selected by the
applicant, recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial assistance.
(3) A veterans service commission shall vote on the grant or denial of
financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open
meeting of the commission. The minutes of the meeting shall indicate the
name, address, and occupation
of the applicant, whether the assistance was granted or denied, the amount of
the assistance if assistance is granted, and the votes for and against the
granting of assistance.
Sec. 125.22. (A) The department of administrative
services shall establish the central service agency to perform
routine support for the following boards and commissions:
(1) State board of examiners of architects;
(2) Barber board;
(3) Chiropractic examining STATE CHIROPRACTIC board;
(4) State board of cosmetology;
(5) Accountancy board;
(6) State dental board;
(7) State board of optometry;
(8) Ohio occupational therapy, physical therapy, and
athletic trainers board;
(9) State board of registration for professional
engineers and surveyors;
(10) State board of sanitarian registration;
(11) Board of embalmers and funeral directors;
(12) State board of psychology;
(13) Ohio optical dispensers board;
(14) Board of speech pathology and audiology;
(15) Counselor and social worker board;
(16) State veterinary medical licensing board;
(17) Ohio board of dietetics;
(18) Commission on Hispanic-Latino affairs;
(19) Ohio respiratory care board.
(B)(1) Notwithstanding any other section of the Revised
Code, the agency shall perform the following routine support
services for the boards and commissions named in division (A) of
this section unless the controlling board exempts a board or
commission from this requirement on the recommendation of the
director of administrative services:
(a) Preparing and processing payroll and other personnel
documents;
(b) Preparing and processing vouchers, purchase orders,
encumbrances, and other accounting documents;
(c) Maintaining ledgers of accounts and balances;
(d) Preparing and monitoring budgets and allotment plans
in consultation with the boards and commissions;
(e) Maintaining information required by section 3729.40 of the Revised Code;
(f) Other routine support services that the director of
administrative services considers appropriate to achieve
efficiency.
(2) The agency may perform other services which a board or
commission named in division (A) of this section delegates to the
agency and the agency accepts.
(3) The agency may perform any service for any
professional or occupational licensing board not named in
division (A) of this section or any commission if the board or
commission requests such service and the agency accepts.
(C) The director of administrative services shall be the
appointing authority for the agency.
(D) The agency shall determine the fees to be charged to
the boards and commissions, which shall be in proportion to the
services performed for each board or commission.
(E) Each board or commission named in division (A) of this
section and any other board or commission requesting services
from the agency shall pay these fees to the agency from the
general revenue fund maintenance account of the board or
commission or from such other fund as the operating expenses of
the board or commission are paid. Any amounts set aside for a
fiscal year by a board or commission to allow for the payment of
fees shall be used only for the services performed by the agency
in that fiscal year. All receipts collected by the agency shall
be deposited in the state treasury to the credit of the central
service agency fund, which is hereby created. All expenses
incurred by the agency in performing services for the boards or
commissions shall be paid from the fund.
(F) Nothing in this section shall be construed as a grant
of authority for the central service agency to initiate or deny
personnel or fiscal actions for the boards and commissions.
Sec. 2317.02. The following persons shall not testify in
certain respects:
(A) An attorney, concerning a communication made to the
attorney by a client in that relation or the
attorney's advice to a client, except
that the attorney may testify by express consent of the client
or, if the client is deceased, by the express consent of the
surviving spouse or the executor or administrator of the estate
of the deceased client and except that, if the client voluntarily
testifies or is deemed by section 2151.421 of the Revised Code to
have waived any testimonial privilege under this division, the
attorney may be compelled to testify on the same subject;
(B)(1) A physician or a dentist concerning a communication
made to the physician or dentist by a patient in that relation or the
physician's or dentist's advice to a
patient, except as otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient
is deemed by section 2151.421 of the Revised Code to have waived
any testimonial privilege under this division, the physician may
be compelled to testify on the same subject.
The testimonial privilege established under this division does not
apply, and a physician or dentist may testify or may be compelled
to testify, in any of the following circumstances:
(a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123.
of the Revised Code, under any of the following circumstances:
(i) If the patient or the guardian or other legal
representative of the patient gives express consent;
(ii) If the patient is deceased, the spouse of the patient
or the executor or administrator of the patient's estate
gives express consent;
(iii) If a medical claim, dental claim, chiropractic
claim, or optometric claim, as defined in section 2305.11 of the
Revised Code, an action for wrongful death, any other type of
civil action, or a claim under Chapter 4123. of the Revised Code
is filed by the patient, the personal representative of the
estate of the patient if deceased, or the patient's guardian
or other legal representative.
(b) IN ANY CIVIL ACTION CONCERNING COURT-ORDERED TREATMENT OR SERVICES
RECEIVED BY A PATIENT, IF THE COURT-ORDERED TREATMENT OR SERVICES WERE ORDERED
AS PART OF A CASE PLAN JOURNALIZED UNDER SECTION 2151.412 of the Revised Code OR THE
COURT-ORDERED TREATMENT OR SERVICES ARE NECESSARY OR RELEVANT TO DEPENDENCY,
NEGLECT, OR ABUSE OR TEMPORARY OR PERMANENT CUSTODY PROCEEDINGS UNDER
CHAPTER 2151. of the Revised Code.
(c) In any criminal action concerning any test or the
results of any test that determines the presence or concentration of alcohol,
a drug of abuse, or alcohol and a drug of abuse in the patient's
blood, breath, urine, or other bodily substance at any time
relevant to the criminal offense in question.
(c)(d) In any criminal action against a physician
or dentist. In such an action, the testimonial privilege
established under this division does not prohibit the admission
into evidence, in accordance with the
Rules of
Evidence, of a patient's
medical or dental records or other communications between a
patient and the physician or dentist that are related to the
action and obtained by subpoena, search warrant, or other lawful
means. A court that permits or compels a physician or dentist
to testify in such an action or permits the introduction into
evidence of patient records or other communications in such an
action shall require that appropriate measures be taken to
ensure that the confidentiality of any patient named or
otherwise identified in the records is maintained. Measures to
ensure confidentiality that may be taken by the court include
sealing its records or deleting specific information from its
records.
(2)(a) If any law enforcement officer submits a written statement to a health
care provider that states that an official criminal investigation has begun
regarding a specified person or that a criminal action or proceeding has been
commenced against a specified person, that requests the provider to supply to
the officer copies of any records the provider possesses that pertain to any
test or the results of any test administered to the specified person to
determine the presence or concentration of alcohol, a drug of abuse, or alcohol
and a drug of abuse in the person's blood, breath, or urine at any time
relevant to the criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent specifically
prohibited by any law of this state or of the United States, shall supply to
the officer a copy of any of the requested records the provider possesses. If
the health care provider does not possess any of the requested records, the
provider shall give the officer a written statement that indicates that the
provider does not possess any of the requested records.
(b) If a health care provider possesses any records of the type described in
division (B)(2)(a) of this section regarding the person in question at any
time relevant to the criminal offense in question, in lieu of personally
testifying as to the results of the test in question, the custodian of the
records may submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be admitted as
evidence in accordance with the Rules of Evidence. Division (A) of section
2317.422 of the Revised Code does not apply to any certified copy of records
submitted in accordance with this division. Nothing in this division shall be
construed to limit the right of any party to call as a witness the person who
administered the test to which the records pertain, the person under whose
supervision the test was administered, the custodian of the records, the
person who made the records, or the person under whose supervision the records
were made.
(3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made to the physician
or dentist by the patient in question in that relation, or the physician's or
dentist's advice to the
patient in question, that related causally or historically to
physical or mental injuries that are relevant to issues in the
medical claim, dental claim, chiropractic claim, or optometric
claim, action for wrongful death, other civil action, or claim
under Chapter 4123. of the Revised Code.
(b) If the testimonial privilege described in division (B)(1) of this section
does not apply to a physician or dentist as provided in division
(B)(1)(b)(c) of
this section, the physician or dentist, in lieu of personally testifying as to
the results of the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is qualified as
authentic
evidence and may be admitted as evidence in accordance with the Rules of
Evidence. Division (A) of section 2317.422 of the Revised Code does not apply
to any certified copy of results submitted in accordance with this division.
Nothing in this division shall be construed to limit the right of any party to
call as a witness the person who administered the test in question, the person
under whose supervision the test was administered, the custodian of the
results
of the test, the person who compiled the results, or the person under whose
supervision the results were compiled.
(4) The testimonial privilege
described in division (B)(1) of this section is not waived when a
communication is made by a physician to a pharmacist or when there
is communication between a patient and a pharmacist in furtherance
of the physician-patient relation.
(5)(a) As used in divisions (B)(1) to (4) of this
section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to
diagnose, treat, prescribe, or act for a patient. A
"communication" may include, but is not limited to, any medical
or dental, office, or hospital communication such as a record,
chart, letter, memorandum, laboratory test and results, x-ray,
photograph, financial statement, diagnosis, or prognosis.
(b) As used in division (B)(2) of this section, "health care provider" has
the same meaning as in section 3729.01 of the Revised Code.
(6) Divisions (B)(1), (2), (3), (4),
and (5) of this section apply
to doctors of medicine, doctors of osteopathic medicine, doctors
of podiatry, and dentists.
(7) Nothing in divisions (B)(1) to (6)
of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 307.628 or 2305.33 of the
Revised Code
upon physicians who report an employee's use of a drug of abuse,
or a condition of an employee other than one involving the use of
a drug of abuse, to the employer of the employee in accordance
with division (B) of that section. As used in division
(B)(7) of this section,
"employee," "employer," and "physician" have the same meanings as
in section 2305.33 of the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly
ordained,
accredited, or licensed minister of an established and legally
cognizable church, denomination, or sect, when the member of
the clergy,
rabbi, priest, or minister remains accountable to the authority
of that church, denomination, or sect, concerning a confession
made, or any information confidentially communicated, to the
member of the clergy, rabbi, priest, or minister for
a religious counseling purpose in the
member of the clergy's, rabbi's,
priest's, or minister's professional character;
however, the member of the clergy, rabbi, priest, or
minister
may testify by
express consent of the person making the communication, except
when the disclosure of the information is in violation of a sacred
trust;
(D) Husband or wife, concerning any communication made by
one to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or
act done, in the known presence or hearing of a third person
competent to be a witness; and such rule is the same if the
marital relation has ceased to exist;
(E) A person who assigns a claim or interest, concerning
any matter in respect to which the person would not, if a
party, be permitted to testify;
(F) A person who, if a party, would be restricted
under section 2317.03 of the Revised Code, when the
property or thing is sold or transferred by an executor,
administrator, guardian, trustee, heir, devisee, or legatee,
shall be restricted in the same manner in any action or
proceeding concerning the property or thing.
(G)(1) A school guidance counselor who holds a valid
educator license from the state board of education as
provided for in section 3319.22 of the Revised Code, a person
licensed under Chapter 4757. of the Revised Code
as a professional clinical counselor, professional counselor,
social worker, or independent
social worker, or registered under Chapter 4757. of the Revised Code as a
social work assistant concerning a confidential communication received from a
client in that relation or
the person's advice to a client unless any of
the following applies:
(a) The communication or advice indicates clear and
present danger to the client or other persons. For the purposes
of this division, cases in which there are indications of present
or past child abuse or neglect of the client constitute a clear
and present danger.
(b) The client gives express consent to the testimony.
(c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent.
(d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may
be compelled to testify on the same subject.
(e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client
or social worker-client relationship.
(f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules
after an in-camera inspection that the testimony of the school
guidance counselor is relevant to that action.
(g) THE TESTIMONY IS SOUGHT IN A CIVIL ACTION AND CONCERNS
COURT-ORDERED TREATMENT OR SERVICES RECEIVED BY A PATIENT AS PART OF A CASE
PLAN JOURNALIZED UNDER SECTION 2151.412 of the Revised Code OR THE COURT-ORDERED TREATMENT OR
SERVICES ARE NECESSARY OR RELEVANT TO DEPENDENCY, NEGLECT, OR ABUSE OR
TEMPORARY OR PERMANENT CUSTODY PROCEEDINGS UNDER CHAPTER 2151.
of the Revised Code.
(2) Nothing in division (G)(1) of this section shall
relieve a
school guidance counselor or a person licensed or registered under Chapter
4757. of the Revised Code
from the requirement to report information concerning
child abuse or neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse,
child neglect, or dependent child action or proceeding, that is
brought by or against either parent who takes part in mediation
in accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of visitation rights in relation to their children;
(I) A communications assistant, acting within the scope of
the communication assistant's authority, when providing
telecommunications relay service
pursuant to section 4931.35 of the Revised Code or Title II of
the "Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication made through a telecommunications
relay service.
Nothing in this section shall limit the obligation of a
communications assistant to divulge information or testify when mandated by
federal law or regulation or pursuant to subpoena in a criminal proceeding.
Nothing in this section shall limit any immunity or
privilege granted under federal law or regulation.
(J)(1) A CHIROPRACTOR IN A CIVIL PROCEEDING CONCERNING A
COMMUNICATION MADE TO THE CHIROPRACTOR BY A PATIENT IN THAT RELATION OR THE
CHIROPRACTOR'S ADVICE TO A PATIENT, EXCEPT AS OTHERWISE PROVIDED IN THIS
DIVISION.
THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER THIS DIVISION DOES NOT
APPLY, AND A CHIROPRACTOR MAY TESTIFY OR MAY BE COMPELLED
TO TESTIFY, IN ANY CIVIL ACTION, IN ACCORDANCE WITH THE DISCOVERY
PROVISIONS OF THE RULES OF CIVIL PROCEDURE IN
CONNECTION WITH A
CIVIL ACTION, OR IN CONNECTION WITH A CLAIM UNDER CHAPTER 4123.
OF THE REVISED CODE, UNDER ANY OF THE FOLLOWING
CIRCUMSTANCES:
(a) IF THE PATIENT OR THE GUARDIAN OR OTHER LEGAL
REPRESENTATIVE OF THE PATIENT GIVES EXPRESS CONSENT.
(b) IF THE PATIENT IS DECEASED, THE SPOUSE OF THE PATIENT
OR THE EXECUTOR OR ADMINISTRATOR OF THE PATIENT'S ESTATE
GIVES EXPRESS CONSENT.
(c) IF A MEDICAL CLAIM, DENTAL CLAIM, CHIROPRACTIC
CLAIM, OR OPTOMETRIC CLAIM, AS DEFINED IN SECTION 2305.11 OF THE
REVISED CODE, AN ACTION FOR WRONGFUL DEATH, ANY OTHER TYPE
OF
CIVIL ACTION, OR A CLAIM UNDER CHAPTER 4123. OF THE REVISED
CODE
IS FILED BY THE PATIENT, THE PERSONAL REPRESENTATIVE OF THE
ESTATE OF THE PATIENT IF DECEASED, OR THE PATIENT'S GUARDIAN
OR OTHER LEGAL REPRESENTATIVE.
(2) IF THE TESTIMONIAL PRIVILEGE DESCRIBED IN DIVISION
(J)(1) OF THIS SECTION DOES NOT APPLY AS PROVIDED IN DIVISION
(J)(1)(c) OF THIS SECTION, A CHIROPRACTOR MAY BE
COMPELLED TO TESTIFY OR TO SUBMIT TO DISCOVERY UNDER THE RULES OF
CIVIL PROCEDURE ONLY AS TO A COMMUNICATION MADE TO THE
CHIROPRACTOR BY THE PATIENT IN QUESTION IN THAT RELATION, OR THE
CHIROPRACTOR'S ADVICE TO THE
PATIENT IN QUESTION, THAT RELATED CAUSALLY OR HISTORICALLY TO
PHYSICAL OR MENTAL INJURIES THAT ARE RELEVANT TO ISSUES IN THE
MEDICAL CLAIM, DENTAL CLAIM, CHIROPRACTIC CLAIM, OR OPTOMETRIC
CLAIM, ACTION FOR WRONGFUL DEATH, OTHER CIVIL ACTION, OR CLAIM
UNDER CHAPTER 4123. OF THE REVISED CODE.
(3) THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER THIS DIVISION DOES NOT
APPLY, AND A CHIROPRACTOR MAY TESTIFY OR BE COMPELLED TO TESTIFY, IN ANY
CRIMINAL ACTION OR ADMINISTRATIVE PROCEEDING.
(4) AS USED IN THIS DIVISION, "COMMUNICATION" MEANS ACQUIRING,
RECORDING, OR TRANSMITTING ANY INFORMATION, IN ANY MANNER, CONCERNING
ANY FACTS, OPINIONS, OR STATEMENTS NECESSARY TO ENABLE A CHIROPRACTOR TO
DIAGNOSIS, TREAT, OR ACT FOR A PATIENT. A COMMUNICATION MAY
INCLUDE, BUT IS NOT LIMITED TO, ANY CHIROPRACTIC, OFFICE, OR
HOSPITAL COMMUNICATION SUCH AS A RECORD, CHART, LETTER,
MEMORANDUM, LABORATORY TEST AND RESULTS, X-RAY, PHOTOGRAPH,
FINANCIAL STATEMENT, DIAGNOSIS, OR PROGNOSIS.
Sec. 2929.24. (A) The prosecutor in any case against any
person licensed, certified, registered, or otherwise authorized to
practice under Chapter 3719., 4715., 4723., 4729., 4730.,
4731., 4734., or 4741. of the Revised Code shall notify the
appropriate
licensing board, on forms provided by the board, of any of the
following regarding the person:
(1) A plea of guilty to, or a conviction of, a felony, or a court order
dismissing a felony
charge on technical or procedural grounds;
(2) A plea of guilty to, or a conviction of, a misdemeanor committed in the
course of practice or in the
course of business, or a court order dismissing such a
misdemeanor charge on technical or procedural grounds;
(3) A plea of guilty to, or a conviction of, a misdemeanor involving moral
turpitude, or a court order dismissing such a charge on technical or
procedural grounds.
(B) The report required by division (A) of
this section shall include the name and address of the person, the nature of
the offense, and certified
copies of court entries in the action.
Sec. 3701.74. (A) As used in this section:
(1) "Hospital" means any institution registered as a
hospital with the department of health pursuant to section
3701.07 of the Revised Code.
(2) "Medical record" means any document or combination of
documents that pertains to a patient's medical history,
diagnosis, prognosis, or medical condition and that is generated
and maintained in the process of the patient's health care
treatment at a hospital.
(3) "Finalized medical record" means a medical record that
is complete according to a hospital's bylaws OR A PRACTITIONER'S OFFICE
POLICY.
(4) "Patient" means any individual who received health
care treatment at a hospital OR FROM A PRACTITIONER.
(5) "PRACTITIONER" MEANS AN INDIVIDUAL AUTHORIZED UNDER CHAPTER
4731. of the Revised Code TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY,
OR PODIATRY OR AN INDIVIDUAL LICENSED UNDER CHAPTER 4734.
OF THE REVISED CODE TO PRACTICE CHIROPRACTIC.
(B) A hospital OR PRACTITIONER shall prepare a finalized medical
record
for each patient who receives health care treatment at the
hospital OR FROM THE PRACTITIONER, within a reasonable time after
treatment.
(C) A patient who wishes to examine or obtain a copy of
part or all of a finalized medical record covering a prior
inpatient stay or outpatient PERIOD OF treatment shall submit to
the hospital OR PRACTITIONER a signed, written request dated not more
than sixty days
before the date on which it is submitted. The patient who wishes
to obtain a copy of the record shall indicate in the request
whether the copy is to be sent to the patient's residence or held
for the patient at the hospital OR BY THE PRACTITIONER. Within a
reasonable time after
receiving a request that meets the requirements of this division
and includes sufficient information to identify the record
requested, the hospital OR PRACTITIONER shall permit the patient to
examine the record during regular business hours or shall provide a copy of
the record in accordance with the request, except that if a
physician PRACTITIONER who has treated the patient determines
for clearly
stated treatment reasons that disclosure of the requested record
is likely to have an adverse effect on the patient, the hospital
OR PRACTITIONER shall provide the record to a physician
PRACTITIONER designated by the patient. The hospital OR
PRACTITIONER shall take reasonable steps to establish
the identity of the patient examining, or requesting a copy of,
the patient's record.
(D) If a hospital OR PRACTITIONER fails to furnish a finalized medical
record as required by division (C) of this section, the patient
who requested the record may bring a civil action to enforce the
patient's right of access to the record.
(E) This section does not apply to medical records whose
release is covered by Chapter 1347. or 5122. of the Revised Code
or by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug
Abuse Patient Records." Nothing in this section is intended to
supersede the confidentiality provisions of sections 2305.24 to
2305.251 of the Revised Code.
Sec. 3719.12. Unless a report has been made pursuant to section
2929.24 of the Revised
Code, on the conviction of a manufacturer, wholesaler,
terminal distributor of dangerous drugs,
pharmacist, pharmacy intern, dentist, doctor of medicine or osteopathic
medicine CHIROPRACTOR, PHYSICIAN, podiatrist, registered nurse,
licensed practical nurse,
physician assistant,
optometrist, or veterinarian of the violation of
this chapter or Chapter 2925. of the
Revised Code, the prosecutor in the case
promptly shall report the conviction to the board that licensed,
certified, or
registered the person to practice or to carry on
business. The responsible board shall provide forms to the
prosecutor. Within thirty days of
the receipt of this information, the board shall
initiate action in accordance
with Chapter 119. of the Revised Code to determine whether to suspend or
revoke the person's license, certificate, or registration.
Sec. 3719.121. (A) Except as otherwise provided in
section 4723.28, 4723.35, 4730.25, or 4731.22, 4734.39,
OR 4734.41 of the Revised
Code, the license, certificate, or
registration of any dentist, doctor of medicine or
osteopathic medicine CHIROPRACTOR, PHYSICIAN, podiatrist,
registered nurse, licensed practical
nurse, physician assistant, pharmacist, pharmacy intern, optometrist, or
veterinarian who is or
becomes
addicted to the use of controlled substances shall be
suspended by the board that authorized the person's license,
certificate,
or registration until the person offers satisfactory proof
to the board that the person no longer is addicted to the use of
controlled substances.
(B) If the board under which a
person has been issued a license, certificate, or
evidence of registration
determines that there is clear and
convincing evidence that continuation of the person's professional
practice or method of prescribing or personally
furnishing controlled
substances
presents a danger of immediate and serious harm to others, the board
may suspend the person's license, certificate, or
registration without a hearing.
Except as otherwise provided in sections 4715.30, 4723.281, 4729.16,
4730.25, and 4731.22, AND 4734.36 of the Revised
Code, the board shall follow the procedure
for suspension without a prior hearing in
section 119.07 of the Revised Code. The suspension shall remain in
effect, unless removed by the board, until the board's final
adjudication order becomes effective, except that if the board
does not issue its final adjudication order within ninety days
after the hearing, the suspension shall be void on the
ninety-first day after the hearing.
(C) On receiving notification pursuant to section 2929.24
or 3719.12 of the Revised Code, the board under which a person has been
issued a license, certificate, or evidence of registration
immediately
shall suspend the license, certificate,
or registration of that person on a plea of guilty
to,
a finding by a jury or court of the person's guilt of, or conviction of a
felony drug abuse offense; a
finding by a court of the person's eligibility for
intervention in lieu of conviction; a
plea of guilty to, or a finding by a jury or court of
the person's guilt of, or the person's conviction of
an offense in another jurisdiction that is essentially the same as a
felony drug abuse offense; or a finding by a court of
the person's eligibility for treatment or intervention in lieu of
conviction in another
jurisdiction. The board shall notify the holder of the license,
certificate, or registration of the suspension, which shall
remain in effect
until the board holds an adjudicatory hearing
under Chapter 119. of the Revised Code.
Sec. 3729.40. (A) The Ohio health care data center shall
conduct annually a survey of the
educational background, demographic characteristics, and
professional practices of persons licensed,
certified, or registered by the following: the STATE chiropractic
examining board; the counselor and
social worker board; the state medical board; the board of nursing; the
Ohio occupational therapy, physical therapy, and athletic trainers
board; the state board of optometry; and the state board of psychology. The
public health council shall adopt rules in accordance with Chapter
119. of the Revised Code governing the information to be included in the survey and the
process for conducting it. The department of administrative services shall
provide the Ohio health care data center with the full names, types
of licenses, and business addresses, that the central service agency maintains
under section 125.22 of the Revised Code regarding persons licensed, certified, or registered
by the boards specified in this division. The state medical board shall
provide the center with similar information regarding persons licensed,
certified, or registered by the board. The survey results shall be
used
exclusively for statistical purposes and shall be released only in their
entirety.
(B) Each medical school in this state shall disclose
annually to the center, in the form and manner prescribed by the
center, all of the following information:
(1) The number of entering medical students, according to
state and county of residence prior to entering;
(2) The number of graduates entering primary care medical
residencies in comparison with those entering specialized fields,
according to location and type of residency;
(3) The number of its graduates completing either primary
care or specialty residencies who:
(a) Proceed directly to practice, according to state and
county of practice;
(b) Proceed directly to specialty residency or
fellowships.
(4) The number of its graduates completing specialty
residency fellowships who proceed to practice, according to state
and county of practice.
(C) Each school of nursing and school of allied health
education in this state that awards baccalaureate degrees shall
disclose annually to the center, in the form and manner
prescribed by the center, all of the following information:
(1) The number of baccalaureate graduates who proceed
directly to practice, according to state and county of practice;
(2) The number of baccalaureate graduates who proceed
directly to post-baccalaureate training;
(3) The number of its baccalaureate graduates who complete
post-baccalaureate training and proceed to practice, according to
state and county of practice.
Sec. 4734.01. AS USED IN THIS CHAPTER, THE "PRACTICE OF
CHIROPRACTIC" MEANS UTILIZATION
OF THE RELATIONSHIP BETWEEN THE MUSCULO-SKELETAL STRUCTURES OF
THE BODY, THE SPINAL COLUMN, AND THE NERVOUS SYSTEM IN THE
RESTORATION AND MAINTENANCE OF HEALTH, IN CONNECTION WITH WHICH
PATIENT CARE IS CONDUCTED WITH DUE REGARD FOR FIRST AID,
HYGIENIC, NUTRITIONAL, AND REHABILITATIVE PROCEDURES AND THE
SPECIFIC VERTEBRAL ADJUSTMENT AND MANIPULATION OF THE
ARTICULATIONS AND ADJACENT TISSUES OF THE BODY.
Sec. 4734.01 4734.02. Within thirty days after the
effective date
of this section the governor shall appoint a THE chiropractic
examining board
IS HEREBY RENAMED THE STATE CHIROPRACTIC BOARD. ANY REFERENCE IN THE
REVISED CODE TO THE CHIROPRACTIC EXAMINING BOARD MEANS THE
STATE CHIROPRACTIC BOARD.
THE BOARD
SHALL ASSUME AND EXERCISE ALL OF THE DUTIES CONFERRED ON IT BY
THIS CHAPTER CONCERNING THE
PRACTICE OF CHIROPRACTIC, CHIROPRACTORS, AND THE REGULATION THEREOF.
MEMBERS
OF THE BOARD SHALL BE
APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE
SENATE. THE BOARD SHALL BE
composed of four chiropractors, each of
whom
shall be a graduate of an incorporated school or college of
chiropractic and who shall have been engaged in the practice of
their profession in this state for at
least five years next
preceding the effective date of this section, and not more than
two to be graduates of any one school. A AND A
fifth member shall be a
lay person representing the public. No
member of the board shall
be a trustee of any school or
college of chiropractic, and each
THE PUBLIC MEMBER
SHALL NOT BE CONNECTED IN ANY MANNER, OTHER THAN AS A
CHIROPRACTIC PATIENT, WITH ANY CHIROPRACTOR OR
CHIROPRACTIC PRACTICE OR ANY ENTITY THAT ROUTINELY
ENGAGES IN BUSINESS WITH MEMBERS OF THE CHIROPRACTIC PROFESSION.
EACH
professional member, AT THE TIME OF APPOINTMENT, shall be
engaged in full-time practice in the
THIS
state AND SHALL HAVE BEEN LICENSED BY THE BOARD FOR AT LEAST FIVE
YEARS. Of the initial appointments made
to the board two of the
members shall be appointed for a term ending two years after the
effective date of this section, two for a term ending three years
after that date, and one for a term ending four years after that
date. Thereafter, terms
TERMS of office shall be for
four years, WITH each
term ending on the same day of the same month of the year as did
the term which it succeeds. Each member shall hold office from
the date of his appointment until the end of the term for which
he was appointed.
NO INDIVIDUAL SHALL SERVE FOR MORE THAN TWO FULL TERMS.
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL
APPOINTMENTS.
Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his THE
MEMBER'S
predecessor was appointed shall hold office for the remainder of
such THAT term. Any A member shall continue in
office subsequent to the
expiration date of his THE MEMBER'S term until his THE
MEMBER'S successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
No
individual shall serve for more than two four-year terms. All
appointments made by the governor shall be with the advice and
consent of the senate. Any vacancies occurring on the board
shall be filled by the governor for the unexpired term with the
advice and consent of the senate.
Sec. 4734.04 4734.03. Each member of the STATE
chiropractic examining board shall be paid
at
the appropriate rate for those days on which his THE MEMBER'S
services or duties are
required. Each member of the board shall be paid at the rate established
pursuant to division (J) of section 124.15 of the Revised Code and shall not
receive step advancements. In addition, each board member shall
receive
his THE MEMBER'S
necessary expenses.
Sec. 4734.03 4734.04. (A) The STATE
chiropractic examining board shall hold its annual meeting
in this state in September of each year and shall
hold other meetings at the times and places
that a majority of the board
directs. The
A SPECIAL MEETING SHALL BE HELD AT THE CALL OF THE BOARD'S PRESIDENT OR AT
THE REQUEST OF TWO OR MORE BOARD MEMBERS, IN WHICH CASE THE MEETING SHALL BE
CALLED BY THE BOARD'S EXECUTIVE DIRECTOR.
A MAJORITY OF THE BOARD CONSTITUTES A QUORUM FOR THE TRANSACTION OF
BUSINESS. EXCEPT WHEN ACTION IS TAKEN ON BEHALF OF THE BOARD BY THE BOARD'S
PRESIDENT UNDER DIVISION (A) OF SECTION 4734.05 of the Revised Code, THE BOARD MAY
NOT TAKE ANY ACTION WITHOUT THE CONCURRENCE OF THREE MEMBERS. THE BOARD SHALL
MAKE RULES AS NECESSARY TO GOVERN ITS INTERNAL MANAGEMENT.
(B) THE board shall keep a record
of its
proceedings MEETINGS and OTHER OFFICIAL ACTIONS,
INCLUDING
a register of all applicants for
licensure to practice chiropractic. The register shall
show whether an applicant for licensure was rejected
or was granted a license. The books BOARD'S RECORDS and
register of the board shall be prima-facie evidence of all matters
recorded
in them. The board shall have ADOPT a common seal, shall
formulate rules to
govern its actions, and, consistent with section 4734.091
of the Revised Code, shall adopt rules governing the
practice of
chiropractic. The
board shall adopt rules under this chapter according to the procedure of
Chapter 119. of the Revised Code WHICH MAY BE USED TO AUTHENTICATE ITS
OFFICIAL DOCUMENTS.
Sec. 4734.02 4734.05. (A) The members of the
STATE chiropractic examining board, within thirty
days after their appointment, shall meet and elect ORGANIZE BY
ELECTING FROM ITS MEMBERS a president from their own
number, and elect or appoint a secretary who need not be one of their
number. The
president shall hold his office for two years and until his
THE PRESIDENT'S successor is
elected and qualified. Any member and the secretary may administer oaths.
The
secretary
TAKES OFFICE. ELECTIONS FOR BOARD PRESIDENT SHALL BE HELD
AT EVERY OTHER ANNUAL MEETING OF THE BOARD HELD IN THIS STATE IN
SEPTEMBER.
THE PRESIDENT, SUBJECT TO THE BOARD'S APPROVAL, MAY
DESIGNATE ANOTHER MEMBER OF THE BOARD TO SERVE AS VICE-PRESIDENT
TO FULFILL THE PRESIDENT'S DUTIES IN THE EVENT THAT THE
PRESIDENT IS ABSENT OR INCAPACITATED. THE VICE-PRESIDENT MAY
PERFORM ANY ACTION THAT THE PRESIDENT IS AUTHORIZED TO
PERFORM.
THE PRESIDENT MAY MAKE DECISIONS ON BEHALF OF THE BOARD
AS FOLLOWS:
(1) A DECISION REGARDING BOARD ACTIVITIES MAY BE MADE
BY THE PRESIDENT IF THE PRESIDENT CONSIDERS THE DECISION TO BE
MINOR AND DETERMINES THAT MAKING THE DECISION WILL FACILITATE
THE RESPONSIVENESS AND EFFECTIVENESS OF THE BOARD;
(2) A DECISION INVOLVING A SITUATION THAT REQUIRES
IMMEDIATE BOARD ATTENTION MAY BE MADE BY THE PRESIDENT IF THE
CIRCUMSTANCES SURROUNDING THE SITUATION MAKE HOLDING A BOARD
MEETING IMPRACTICAL. AT THE EARLIEST TIME POSSIBLE, THE
PRESIDENT SHALL REPORT THE DECISION TO THE MEMBERS OF THE BOARD
AND THE BOARD SHALL MEET TO RATIFY OR NULLIFY THE
DECISION.
(B) THE BOARD SHALL
APPOINT AN EXECUTIVE DIRECTOR
WHO SHALL SERVE AS THE BOARD'S SECRETARY AND SHALL PERFORM ALL
OTHER DUTIES PRESCRIBED BY THE BOARD OR THIS CHAPTER. WHILE SERVING AS
EXECUTIVE
DIRECTOR, THE INDIVIDUAL APPOINTED SHALL RESIDE IN THIS STATE
AND MAY NOT SERVE AS A MEMBER OF THE BOARD.
THE EXECUTIVE DIRECTOR SHALL BE IN THE UNCLASSIFIED
SERVICE OF THIS STATE. THE BOARD SHALL FIX THE EXECUTIVE
DIRECTOR'S COMPENSATION AND REIMBURSE THE EXECUTIVE DIRECTOR FOR
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL
DUTIES. PRIOR TO ENTERING INTO THE OFFICIAL DUTIES OF OFFICE,
THE EXECUTIVE DIRECTOR SHALL TAKE AND SUBSCRIBE AN OATH OF
OFFICE AND
shall give to the treasurer of the state a bond in the penal sum of
five FIFTY thousand dollars with sufficient sureties to be
approved by the governor
for the faithful discharge of his THE duties. The
secretary shall receive his
necessary expenses incurred in the performance of his official duties,
and his
compensation shall be fixed by the board. A majority of the board constitutes
a quorum for the transaction of business. No action of the board is valid
without the concurrence of three members. The board shall appoint and fix the
compensation of such employees as are necessary to carry out the purposes of
this chapter.
THE EXECUTIVE DIRECTOR IS THE BOARD'S APPOINTING
AUTHORITY, AS DEFINED IN SECTION 124.01 OF THE
REVISED
CODE. WITH THE BOARD'S
APPROVAL, THE EXECUTIVE DIRECTOR MAY APPOINT ANY EMPLOYEES
NECESSARY TO CARRY OUT THE BOARD'S FUNCTIONS, INCLUDING
INVESTIGATIVE PERSONNEL AND OTHER EMPLOYEES TO PERFORM
PROFESSIONAL, CLERICAL, AND SPECIAL WORK, AND MAY ESTABLISH
STANDARDS FOR THE CONDUCT OF AND THE AUTHORITY TO BE GRANTED TO
THE BOARD'S EMPLOYEES.
Sec. 4734.06. THE STATE CHIROPRACTIC BOARD
MAY APPOINT COMMITTEES OR OTHER GROUPS TO ASSIST IT IN
FULFILLING ITS DUTIES. A COMMITTEE OR GROUP MAY CONSIST OF
BOARD MEMBERS, OTHER INDIVIDUALS WITH APPROPRIATE BACKGROUNDS,
OR BOTH BOARD MEMBERS AND OTHER INDIVIDUALS WITH APPROPRIATE
BACKGROUNDS. ANY COMMITTEE OR GROUP APPOINTED SHALL ACT UNDER
THE DIRECTION OF THE BOARD AND SHALL PERFORM ITS FUNCTIONS
WITHIN THE LIMITS ESTABLISHED BY THE BOARD. MEMBERS OF A
COMMITTEE OR GROUP MAY BE REIMBURSED BY THE BOARD FOR ANY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
Sec. 4734.07. IN THE ABSENCE OF FRAUD OR BAD FAITH,
THE STATE CHIROPRACTIC BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT OF
THE
BOARD,
A REPRESENTATIVE OF THE BOARD, OR
AN EMPLOYEE OF THE BOARD SHALL NOT 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
ANY OF THOSE PERSONS ASKS TO BE DEFENDED
BY THE
STATE AGAINST ANY CLAIM OR ACTION ARISING OUT OF
ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO
THE PERSON'S OFFICIAL DUTIES, AND THE REQUEST IS MADE IN
WRITING AT A REASONABLE TIME BEFORE TRIAL AND THE PERSON
REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE
CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S DEFENSE
AND SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR
SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM
OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY DAMAGES.
Sec. 4734.08. Every person who receives a license to practice chiropractic
from the THE STATE chiropractic examining
board shall,
before beginning the practice of
his profession in this state, record the
license or a certified copy thereof
with the probate court of the county in which he
expects to practice. Until
such license is filed for record, the holder thereof shall exercise none of
the
rights or privileges conferred therein. The probate judge shall keep in a
book
provided for that purpose a complete list of all the licenses recorded by
him
with the date of the recording of such licenses. Each holder of a license
shall pay to the probate court a fee of two dollars for making such record.
The probate judge shall also note the revocation or suspension of a
certificate
by the chiropractic examining board, or the death or change of location of the
holder of a certificate in the margin of a record. It shall be the duty
of
the chiropractic examining board and of each certificate holder to supply such
information to the probate judge. If the holder of a certificate changes
his
place of residence, he shall have the certificate
recorded by the probate
judge
of the county into which he removes
BECOME A MEMBER OF THE FEDERATION OF CHIROPRACTIC LICENSING
BOARDS. THE BOARD MAY PARTICIPATE IN ANY OF THE FEDERATION'S
ACTIVITIES, INCLUDING REPORTING BOARD ACTIONS TAKEN TOWARD AN
APPLICANT OR LICENSE HOLDER TO ANY DATA BANK ESTABLISHED BY THE
FEDERATION.
Sec. 4734.09. THE BOARD MAY ENTER INTO CONTRACTS WITH ANY
PERSON OR GOVERNMENT ENTITY TO CARRY OUT THE INTENT OF THIS
CHAPTER AND THE RULES ADOPTED UNDER IT, ANY OTHER APPLICABLE
STATE STATUTES OR RULES, AND ANY APPLICABLE FEDERAL STATUTES OR
REGULATIONS.
Sec. 4734.10. IN
ADDITION TO RULES THAT ARE REQUIRED
BY THIS CHAPTER TO BE ADOPTED, THE STATE CHIROPRACTIC BOARD MAY ADOPT ANY
OTHER RULES NECESSARY TO GOVERN THE PRACTICE OF
CHIROPRACTIC AND TO ADMINISTER AND ENFORCE THIS CHAPTER. THE
RULES SHALL BE ADOPTED IN ACCORDANCE
WITH CHAPTER 119. OF THE REVISED CODE.
Sec. 4734.17 4734.14. (A)(1) No person shall
ENGAGE IN THE practice OF chiropractic without a certificate
from
the chiropractic examining board, except a person to whom a current or
original
certificate to practice chiropractic has been, VALID LICENSE
issued by the STATE chiropractic
examining board under this
chapter. No
(2) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION,
NO person shall
advertise or announce the person as CLAIM TO BE a
chiropractor without, DOCTOR OF CHIROPRACTIC, OR CHIROPRACTIC
PHYSICIAN, OR USE THE INITIALS "D.C." IN CONNECTION WITH THE
PERSON'S NAME,
UNLESS THE PERSON HOLDS
a certificate CURRENT, VALID LICENSE from the
chiropractic examining board. Subject
(3) SUBJECT to section 4734.091 4734.17 of
the Revised Code,
no person who is not a licensee shall open or
conduct an office or other place for the practice of
chiropractic without a certificate LICENSE from
the board. Subject
(4) SUBJECT to section 4734.091 4734.17 of
the Revised Code, no person
shall conduct an office in the name of some person who
has a certificate LICENSE to practice chiropractic. No
(5) NO person shall practice
chiropractic after a certificate has been
revoked or, if a certificate has been suspended, during
the time of the suspension
IN VIOLATION OF THE PERSON'S LICENSE REVOCATION, FORFEITURE, OR
SUSPENSION OR IN VIOLATION OF ANY RESTRICTION, LIMITATION, OR CONDITION
PLACED ON THE PERSON'S LICENSE.
(6) NO PERSON SHALL EMPLOY FRAUD OR DECEPTION IN APPLYING FOR OR
SECURING A LICENSE TO PRACTICE CHIROPRACTIC OR IN RENEWING A LICENSE TO
PRACTICE CHIROPRACTIC.
(7) NO PERSON SHALL MAKE, ISSUE, OR PUBLISH, OR CAUSE TO BE MADE, ISSUED,
OR PUBLISHED, FOR THE PURPOSE OF SALE, BARTER, OR GIFT, A LICENSE,
CERTIFICATE, DIPLOMA, DEGREE, OR OTHER WRITING OR DOCUMENT FALSELY
REPRESENTING THE HOLDER OR RECEIVER THEREOF TO BE LICENSED UNDER THIS CHAPTER
OR TO BE A GRADUATE OF A CHIROPRACTIC SCHOOL, COLLEGE, OR OTHER EDUCATIONAL
INSTITUTION OF CHIROPRACTIC, OR SELL OR DISPOSE OF, OR OFFER TO SELL OR
DISPOSE
OF SUCH LICENSE, CERTIFICATE, DIPLOMA, DEGREE, OR OTHER WRITING OR DOCUMENT
CONTAINING SUCH FALSE REPRESENTATION OR USE THE PERSON'S NAME, OR PERMIT IT TO
BE USED, AS A SUBSCRIBER TO SUCH FALSE AND FICTITIOUS LICENSE, CERTIFICATE,
DIPLOMA, DEGREE, OR OTHER WRITING OR DOCUMENT OR ENGAGE IN THE PRACTICE OF
CHIROPRACTIC UNDER AND BY VIRTUE OF SUCH FRAUDULENT LICENSE, CERTIFICATE,
DIPLOMA, DEGREE, OR OTHER WRITING OR DOCUMENT.
(B) A PERSON WHO HAS RETIRED FROM THE PRACTICE OF CHIROPRACTIC IN
GOOD STANDING
AND DOES NOT MAINTAIN A CURRENT, VALID LICENSE FROM THE BOARD MAY
CONTINUE TO CLAIM TO BE A CHIROPRACTOR, DOCTOR OF CHIROPRACTIC, OR
CHIROPRACTIC PHYSICIAN, OR USE THE INITIALS "D.C." IN
CONNECTION
WITH THE PERSON'S NAME, IF THE PERSON DOES NOT ENGAGE IN THE PRACTICE OF
CHIROPRACTIC OR OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED UNDER
IT.
A PERSON WHOSE LICENSE HAS BEEN CLASSIFIED AS INACTIVE
PURSUANT TO SECTION 4734.26 OF THE REVISED CODE
MAY CONTINUE TO CLAIM TO BE A CHIROPRACTOR, DOCTOR OF
CHIROPRACTIC, OR CHIROPRACTIC PHYSICIAN, OR USE THE INITIALS
"D.C." IN CONNECTION WITH THE PERSON'S NAME, IF THE PERSON
DOES
NOT ENGAGE IN THE PRACTICE OF CHIROPRACTIC OR OTHERWISE VIOLATE THIS
CHAPTER OR THE RULES ADOPTED UNDER IT.
(C) IN ANY PROCEEDING FOR A VIOLATION OF THIS SECTION BROUGHT
AGAINST A PERSON WHO IS NOT LICENSED UNDER THIS CHAPTER BUT IS
A GRADUATE OF A CHIROPRACTIC COLLEGE APPROVED UNDER SECTION 4734.21 OF
THE REVISED CODE, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT
THE PERSON IS PERMITTED TO
USE THE TERM "DOCTOR" OR THE INITIALS "D.C." IN CONNECTION
WITH THE PERSON'S NAME, BUT ONLY TO THE EXTENT THAT THE PERSON DOES NOT
INDICATE OR ACT IN A MANNER
IMPLYING THAT THE PERSON IS LICENSED UNDER THIS CHAPTER OR
OTHERWISE VIOLATE THIS CHAPTER OR THE RULES ADOPTED
UNDER IT.
(D) A certificate DOCUMENT that is signed by the
secretary PRESIDENT OR EXECUTIVE DIRECTOR 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 a certificate LICENSE to practice
chiropractic in the THIS
state has
not been issued to a particular person,
or that a certificate LICENSE, if issued, has been
revoked or suspended, shall be received as prima-facie evidence of the
record
of the board in any court or before any officer of the
state.
Sec. 4734.09 4734.15. (A) The license provided for
in this chapter
shall entitle the holder thereof to practice chiropractic in this
state. For the purpose of this chapter "practice of
chiropractic" or "practice as a chiropractor" means utilization
of the relationship between the musculo-skeletal structures of
the body, the spinal column and the nervous system, in the
restoration and maintenance of health, in connection with which
patient care is conducted with due regard for first aid,
hygienic, nutritional, and rehabilitative procedures and the
specific vertebral adjustment and manipulation of the
articulations and adjacent tissues of the body. The ALL OF THE
FOLLOWING APPLY TO THE PRACTICE OF CHIROPRACTIC IN THIS STATE:
(1) A chiropractor
is authorized to examine, diagnose, and assume responsibility for
the care of patients.
The, ANY OR ALL OF WHICH IS INCLUDED IN THE PRACTICE OF
CHIROPRACTIC.
(2) THE practice of chiropractic does not permit the
chiropractor to treat infectious, contagious, or venereal
disease, to perform surgery or acupuncture, or to prescribe or
administer drugs for treatment, and.
(3) A CHIROPRACTOR MAY USE roentgen rays shall be used
only for diagnostic purposes. The
(4) THE practice of chiropractic does
not include the performance of abortions.
(B) An individual holding a valid, current certificate of
registration LICENSE to practice chiropractic is entitled to use
the
title "doctor," or "doctor of chiropractic,"
"CHIROPRACTIC PHYSICIAN," OR "CHIROPRACTOR" and is a
"physician"
for the purposes of Chapter 4123. of the Revised Code, and the
MEDICAID program established under section 5111.01 OPERATED
PURSUANT TO CHAPTER 5111. of the Revised Code.
Sec. 4734.16. THE STATE CHIROPRACTIC BOARD MAY ESTABLISH A CODE
OF ETHICS THAT APPLIES TO CHIROPRACTORS AND THEIR PRACTICE OF CHIROPRACTIC
IN THIS STATE. THE BOARD MAY ESTABLISH THE CODE OF ETHICS BY CREATING ITS
OWN CODE OF ETHICS OR BY ADOPTING A CODE OF ETHICS CREATED BY A
STATE OR FEDERAL ORGANIZATION THAT REPRESENTS THE INTERESTS OF
CHIROPRACTORS. IF A CODE OF ETHICS IS ESTABLISHED, THE BOARD
SHALL MAINTAIN CURRENT COPIES OF THE CODE OF ETHICS FOR
DISTRIBUTION ON REQUEST.
Sec. 4734.23 4734.161. No chiropractor shall do either of the
following:
(A) Furnish a person with a prescription in order to enable
the
person to be issued a removable windshield placard, temporary removable
windshield placard, or license plates under section 4503.44 of the
Revised Code, knowing that the person does not meet any of
the criteria contained in division (A)(1) of that section;
(B) Furnish a person with a prescription described in division
(A) of this section and knowingly misstate on
the prescription the length of time the chiropractor expects the person to
have the
disability that limits or impairs the person's ability to walk in order to
enable
the person to retain a placard issued under section 4503.44 of the
Revised Code for a period of time longer than that which
would be
estimated by a similar practitioner under the same or similar
circumstances.
Sec. 4734.091 4734.17. (A) An individual whom the
STATE 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 A CHIROPRACTOR 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 STATE
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) Pharmacists who are
authorized to practice pharmacy under
Chapter 4729. of the
Revised
Code;
(6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.53 of the
Revised
Code;
(7) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the
Revised
Code;
(8) 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 ANY
code of ethics described in division
(A)(9) of ESTABLISHED OR ADOPTED UNDER section 4734.10
4734.16 of the Revised Code that
prohibits an individual from engaging in the practice
of chiropractic in combination with a person AN INDIVIDUAL who
is licensed, certificated, or
otherwise authorized for the practice of optometry, psychology, nursing,
pharmacy, physical therapy, mechanotherapy, medicine and
surgery, osteopathic medicine and
surgery, or podiatric medicine
and surgery, but who is not also licensed, certificated, or otherwise
legally authorized UNDER THIS CHAPTER to engage in the practice of
chiropractic.
Sec. 4734.19. A CHIROPRACTOR SHALL RETAIN AT THE CHIROPRACTOR'S
PRIMARY PRACTICE LOCATION A CURRENT COPY OF THE STATUTES AND RULES
GOVERNING THE PRACTICE OF CHIROPRACTIC IN THIS STATE.
Sec. 4734.05 4734.20. Each
(A) EXCEPT FOR PERSONS SEEKING TO
PRACTICE CHIROPRACTIC UNDER A SPECIAL LIMITED LICENSE ISSUED
PURSUANT TO SECTION 4734.27 OF THE
REVISED
CODE, EACH
person wishing SEEKING to practice chiropractic
and be approved for examination for licensure in the THIS
state shall
make written application APPLY IN WRITING TO THE STATE CHIROPRACTIC
BOARD FOR A LICENSE TO PRACTICE CHIROPRACTIC. THE APPLICATION SHALL BE
MADE
under oath, on a form prescribed by the
board, to the chiropractic examining board, such application to AND
SHALL
be accompanied by a fee of two hundred fifty dollars. The board
shall issue licenses semiannually upon
(B) EXCEPT AS PROVIDED
IN SECTIONS 4734.23 AND 4734.24 of the Revised Code, TO RECEIVE A CHIROPRACTIC
LICENSE, AN APPLICANT MUST MEET the following conditions:
(A)(1) The applicant shows to the satisfaction of the
board
that he is MUST BE at least twenty-one years of age, is
BE of
good moral
character, and possesses POSSESS a high school education or its
equivalent;
(B) The.
(2) THE APPLICANT MUST HAVE SUCCESSFULLY COMPLETED, PRIOR TO
MATRICULATION AT A SCHOOL OR COLLEGE OF CHIROPRACTIC, AT LEAST TWO
YEARS OF COLLEGE CREDIT IN THE ARTS AND SCIENCES AT A
COLLEGE OR UNIVERSITY ACCREDITED BY A STATE OR REGIONAL
ACCREDITING ORGANIZATION RECOGNIZED BY THE BOARD, EXCEPT THAT THE BOARD MAY
ADOPT
RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code THAT REQUIRE COMPLETION
OF ADDITIONAL YEARS OF COLLEGE CREDIT OR RECEIPT OF A COLLEGE DEGREE IN AN
AREA SPECIFIED IN THE RULES.
(3) THE applicant is MUST BE a graduate of an
approved AND HOLD THE DEGREE OF DOCTOR OF CHIROPRACTIC FROM A
school or
college of chiropractic approved by the board,
requiring for
graduation a course of study of not less than four thousand class
hours of forty-five minutes per class hour;
(C) The applicant passes a written examination before the
board and to its satisfaction in the following subjects with an
average passing grade of not less than seventy-five per cent:
(1) Principles and practice of chiropractic;
(2) Anatomy;
(3) Physiology;
(4) Chemistry;
(5) Pathology;
(6) Bacteriology;
(7) Diagnosis;
(8) Hygiene;
(9) Such additional subjects as the board considers
appropriate.
Examinations shall be conducted in the city of Columbus in
February and August of each year to determine the professional
qualifications of applicants for registration as chiropractors UNDER
SECTION 4734.21 of the Revised Code.
(4) THE APPLICANT
MUST HAVE RECEIVED ONE OF THE FOLLOWING FROM THE NATIONAL BOARD OF
CHIROPRACTIC EXAMINERS, AS APPROPRIATE ACCORDING TO THE DATE OF
THE APPLICANT'S GRADUATION FROM A SCHOOL OR
COLLEGE OF CHIROPRACTIC:
(a) IF THE APPLICANT GRADUATED ON OR AFTER
JANUARY 1, 1970, BUT BEFORE
JANUARY 1, 1989, A "DIPLOMATE
CERTIFICATE" OR "CERTIFICATE OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS
I AND
II AND THE PHYSIOTHERAPY
SECTION OF THE NATIONAL BOARD'S EXAMINATIONS;
(b) IF THE APPLICANT GRADUATED ON OR AFTER
JANUARY 1, 1989, BUT BEFORE
JANUARY 1, 2000, A "CERTIFICATE
OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS
I,
II, AND
III AND THE PHYSIOTHERAPY
SECTION OF THE NATIONAL BOARD'S EXAMINATIONS;
(c) IF THE APPLICANT GRADUATED ON OR AFTER
JANUARY 1, 2000, A "CERTIFICATE
OF ATTAINMENT" EVIDENCING PASSAGE OF PARTS
I,
II,
III, AND
IV AND THE PHYSIOTHERAPY
SECTION OF THE NATIONAL BOARD'S EXAMINATIONS.
(5) THE APPLICANT MUST HAVE PASSED THE BOARD'S JURISPRUDENCE EXAMINATION
CONDUCTED UNDER SECTION 4734.22 OF THE
REVISED
CODE.
(C) THE BOARD SHALL
ISSUE A LICENSE TO PRACTICE CHIROPRACTIC TO EACH APPLICANT WHO
FILES A COMPLETE APPLICATION, PAYS ALL APPLICABLE FEES, AND
MEETS THE CONDITIONS SPECIFIED IN DIVISION
(B) OF THIS SECTION. THE
BURDEN OF PROOF IS ON THE APPLICANT, TO PROVE BY CLEAR AND
CONVINCING EVIDENCE TO THE BOARD, THAT THE APPLICANT MEETS THE
CONDITIONS FOR RECEIPT OF THE LICENSE.
THE BOARD MAY CONDUCT ANY INVESTIGATION IT CONSIDERS
APPROPRIATE TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL
CHARACTER, AND FITNESS TO RECEIVE A LICENSE. IN CONDUCTING AN
INVESTIGATION, THE BOARD MAY REQUEST INFORMATION FROM THE
RECORDS MAINTAINED BY THE FEDERAL BUREAU OF INVESTIGATION, THE
BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION, AND ANY
OTHER REPOSITORIES OF CRIMINAL RECORDS HELD IN THIS OR ANOTHER STATE. THE
BOARD MAY CHARGE THE APPLICANT A FEE FOR CONDUCTING THE INVESTIGATION. THE
AMOUNT
OF THE FEE SHALL NOT EXCEED THE EXPENSES THE BOARD INCURS IN
CONDUCTING THE INVESTIGATION AND MAY INCLUDE ANY FEES THAT MUST BE
PAID TO OBTAIN INFORMATION IN THE CRIMINAL RECORD.
Sec. 4734.201. AS USED IN DIVISION (B) OF SECTION 4734.20 OF THE
REVISED CODE, "PHYSIOTHERAPY" IS A REFERENCE TO A PARTICULAR
SECTION OF THE EXAMINATION OFFERED BY THE NATIONAL BOARD OF
CHIROPRACTIC EXAMINERS AND DOES NOT MEAN "PHYSIOTHERAPY" AS THAT
TERM IS USED IN RELATION TO THE PRACTICE OF PHYSICAL THERAPY
PURSUANT TO SECTIONS 4755.40 TO 4755.56 OF THE REVISED
CODE.
Sec. 4734.21. THE STATE CHIROPRACTIC BOARD SHALL EVALUATE
SCHOOLS AND COLLEGES OF CHIROPRACTIC AND APPROVE THOSE
INSTITUTIONS THAT IT DETERMINES ARE CAPABLE OF ADEQUATELY
TRAINING INDIVIDUALS FOR THE PRACTICE OF CHIROPRACTIC IN THIS
STATE, EXCEPT THAT IN APPROPRIATE CASES, THE BOARD MAY ACCEPT
THE APPROVAL OF AN INSTITUTION THAT HAS BEEN MADE PURSUANT TO AN
EVALUATION CONDUCTED BY THE COUNCIL ON CHIROPRACTIC EDUCATION OR ANOTHER
ENTITY ACCEPTABLE TO THE BOARD.
WHEN DETERMINING IF A SCHOOL OR COLLEGE OF CHIROPRACTIC
SHOULD RECEIVE THE BOARD'S APPROVAL OR CONTINUE TO BE APPROVED,
THE BOARD MAY MAKE ON-SITE INSPECTIONS, REVIEWS, AND INQUIRIES
AS IT CONSIDERS NECESSARY. THE BOARD MAY CHARGE A SCHOOL OR
COLLEGE OF CHIROPRACTIC A FEE TO COVER THE REASONABLE COSTS
INCURRED BY THE BOARD IN CONDUCTING ANY INSPECTION, REVIEW, OR
INQUIRY RELATED TO THE APPROVAL OF THE SCHOOL OR COLLEGE.
THE BOARD SHALL MAINTAIN A LIST OF SCHOOLS AND COLLEGES OF
CHIROPRACTIC APPROVED UNDER THIS SECTION. ON REQUEST, THE BOARD SHALL
PROVIDE A COPY OF THE LIST TO THE PERSON MAKING THE REQUEST.
Sec. 4734.22. THE STATE CHIROPRACTIC BOARD OR ITS
REPRESENTATIVE SHALL ADMINISTER AN EXAMINATION ON JURISPRUDENCE,
AS IT RELATES TO THE PRACTICE OF CHIROPRACTIC, FOR INDIVIDUALS
WHO APPLY TO BE LICENSED UNDER THIS CHAPTER.
THE EXAMINATION SHALL COVER THE PROVISIONS OF THE
STATUTES AND RULES GOVERNING THE PRACTICE OF CHIROPRACTIC IN
THIS STATE AND OTHER LEGAL TOPICS CONSIDERED APPROPRIATE BY THE
BOARD. THE EXAMINATION SHALL BE
OFFERED AT TIMES AND PLACES SELECTED BY THE BOARD AND SHALL BE ADMINISTERED IN
THE MANNER SPECIFIED BY THE BOARD. THE BOARD SHALL DETERMINE THE SCORE THAT
CONSTITUTES
EVIDENCE OF PASSING THE EXAMINATION.
Sec. 4734.06 4734.23. Any applicant who was not enrolled
and in
attendance at a school or college of chiropractic approved by the
chiropractic examining board on November 3, 1975, shall, in
addition to the requirements of section 4734.05 of the Revised
Code, be required to furnish evidence to the board of
satisfactorily completing two or more years of college
accreditation in the arts and sciences in a college accredited by
a state or regional association board or commission responsible
for the accreditation and approval of secondary schools and
colleges.
The (A) A PERSON LICENSED BY ANOTHER STATE OR COUNTRY IN
THE PRACTICE OF CHIROPRACTIC MAY APPLY UNDER THIS SECTION FOR A LICENSE TO
PRACTICE CHIROPRACTIC IN THIS STATE IN LIEU OF APPLYING UNDER SECTION 4734.20
of the Revised Code. THE FEE FOR APPLYING UNDER THIS SECTION SHALL BE FIVE HUNDRED DOLLARS.
(B) THE STATE CHIROPRACTIC board may, without the
examination
required FOR GOOD CAUSE, WAIVE ALL OR PART OF THE EDUCATIONAL AND
TESTING REQUIREMENTS
SPECIFIED under
section 4734.05 4734.20 of the Revised Code, AND
issue a license to an
applicant UNDER THIS SECTION, if he THE APPLICANT
presents satisfactory proof of the
possession of
a license or certificate of registration which has been issued to
the applicant within BEING LICENSED TO PRACTICE CHIROPRACTIC IN
another state, or within any foreign
country, or if issued a certificate by the national board of
chiropractic examiners, where the requirements for RECEIPT OF the
registration or certification of the applicant at LICENSE, ON
the date of his
THE
license WAS ISSUED, are considered by the chiropractic
examining board to be
substantially equivalent to those of this chapter. The fee for
each such license shall be two hundred fifty dollars
APPLICANT MUST MEET THE SAME AGE AND MORAL CHARACTER
REQUIREMENTS THAT MUST BE MET UNDER SECTION 4734.20 OF THE
REVISED CODE. IF THE BOARD DOES NOT WAIVE ALL OF THE
EDUCATIONAL AND TESTING REQUIREMENTS,
THE BOARD MAY REQUIRE THAT THE APPLICANT COMPLETE AND RECEIVE A SCORE
SPECIFIED
BY THE
BOARD ON ONE OR MORE TESTS ADMINISTERED BY THE BOARD OR BY THE
NATIONAL BOARD OF CHIROPRACTIC EXAMINERS OR ANOTHER TESTING
ENTITY.
Sec. 4734.19 4734.24. Any person who is WAS
actively engaged in the practice of
chiropractic in this state on the effective date of this section
NOVEMBER 3, 1975, who, on that
date, holds HELD a valid, current certificate issued by the
state medical board
under THE FORMER PROVISIONS OF Chapter 4731. of the Revised Code
authorizing him THE
PERSON to practice
chiropractic, is deemed to possess the requisite educational and professional
qualifications to practice chiropractic in this state.
Sec. 4734.07 4734.25. Every person who receives a
A license to
practice chiropractic from the STATE chiropractic examining
board shall
thereafter apply to the board for renewal EXPIRES ANNUALLY ON THE FIRST
DAY OF JANUARY AND MAY BE RENEWED. THE RENEWAL PROCESS SHALL BE
CONDUCTED in accordance with
section 4745.02 THE STANDARD RENEWAL PROCEDURES OF
CHAPTER 4745. of the Revised Code, EXCEPT THAT
THE BOARD'S EXECUTIVE DIRECTOR SHALL NOTIFY EACH LICENSE HOLDER OF THE LICENSE
RENEWAL REQUIREMENTS OF THIS SECTION NOT LATER THAN SIXTY DAYS PRIOR TO THE
LICENSE'S EXPIRATION DATE. WHEN AN APPLICATION FOR RENEWAL IS SUBMITTED, THE
APPLICANT SHALL PROVIDE THE INFORMATION NECESSARY TO PROCESS THE
APPLICATION and pay a
renewal fee of
two
hundred fifty dollars on or before the first day of January of
each succeeding year. Before
BEFORE a renewal of license is issued by
the board, each THE licensee shall furnish the board with
satisfactory evidence that the licensee has attended COMPLETED
DURING THE CURRENT LICENSING PERIOD not less
than one two-day educational program conducted in Ohio by the Ohio state
chiropractic association or the equivalent of such educational
program held in the state as approved by the board
THE NUMBER OF HOURS OF CONTINUING EDUCATION THAT THE BOARD
REQUIRES IN RULES ADOPTED UNDER THIS SECTION. FOR AN ACTIVITY TO BE
APPLIED TOWARD THE CONTINUING EDUCATION REQUIREMENT, THE ACTIVITY MUST
MEET THE BOARD'S APPROVAL AS A CONTINUING EDUCATION ACTIVITY, AS
SPECIFIED IN RULES ADOPTED UNDER THIS SECTION. Any
exception from the CONTINUING EDUCATION requirement for attendance
at such educational
programs may MUST be approved by the board. The secretary of
the
board shall, at least sixty days prior to the first day of
January of each year, notify each licensee, at the
licensee's last known address, of the provisions of this section. Failure
FAILURE
of a
licensee to comply with this section, and INCLUDING failure to
pay the
renewal fee on or before the first day of January of each
succeeding year, shall operate as a AN AUTOMATIC
forfeiture of the right of the
licensee to practice the licensee's profession CHIROPRACTIC in
this
state. The licensee A FORFEITED LICENSE may be reinstated by
the board upon
payment of all fees due and a penalty fee of one hundred fifty dollars for
reinstatement, in
addition to satisfying the board of compliance HAVING COMPLIED
with the
educational CONTINUING EDUCATION requirements under
OF this section. IF AN INDIVIDUAL'S LICENSE HAS BEEN FORFEITED FOR
TWO OR MORE
YEARS, THE BOARD MAY ALSO REQUIRE AS A CONDITION OF
REINSTATEMENT THAT THE INDIVIDUAL COMPLETE TRAINING OR TESTING
AS SPECIFIED BY THE BOARD.
THE BOARD SHALL ADOPT ANY RULES IT CONSIDERS NECESSARY TO
IMPLEMENT THIS SECTION, INCLUDING STANDARDS FOR APPROVAL OF
CONTINUING EDUCATION IN THE PRACTICE OF CHIROPRACTIC. ALL RULES
ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN ACCORDANCE WITH
CHAPTER 119. OF THE REVISED CODE.
Sec. 4734.26. (A) AN INDIVIDUAL LICENSED UNDER THIS
CHAPTER WHO
INTENDS NOT TO
PRACTICE IN THIS STATE FOR AN EXTENDED PERIOD MAY SEND TO THE STATE
CHIROPRACTIC BOARD WRITTEN NOTICE
TO THAT EFFECT ON OR BEFORE THE LICENSE RENEWAL DATE. IF THE INDIVIDUAL'S
LICENSE IS IN GOOD STANDING AND THE INDIVIDUAL IS NOT UNDER DISCIPLINARY
REVIEW PURSUANT TO SECTION 4734.31 of the Revised Code, THE BOARD SHALL
CLASSIFY THE LICENSE AS INACTIVE. DURING THE PERIOD THAT THE
LICENSE IS CLASSIFIED AS INACTIVE, THE INDIVIDUAL MAY NOT
ENGAGE IN THE PRACTICE OF CHIROPRACTIC IN THIS STATE OR MAKE ANY
REPRESENTATION TO THE PUBLIC INDICATING THAT THE PERSON IS ACTIVELY LICENSED
UNDER THIS CHAPTER. AN INDIVIDUAL WHOSE LICENSE IS CLASSIFIED AS INACTIVE IS
NOT REQUIRED TO
PAY THE LICENSE RENEWAL FEE FOR THE LICENSE.
(B) THE HOLDER OF AN INACTIVE LICENSE MAY APPLY TO THE BOARD TO
HAVE THE LICENSE RESTORED.
THE BOARD SHALL CONSIDER THE LENGTH OF INACTIVITY AND,
IN ACCORDANCE WITH
THE STANDARDS FOR ISSUANCE OF A LICENSE ESTABLISHED UNDER SECTION 4734.20
of the Revised Code,
THE MORAL CHARACTER AND THE ACTIVITIES OF THE
APPLICANT DURING THE INACTIVE LICENSE PERIOD.
THE BOARD MAY IMPOSE TERMS AND CONDITIONS
ON RESTORATION OF THE LICENSE BY DOING ANY OF THE
FOLLOWING:
(1) REQUIRING THE APPLICANT TO OBTAIN TRAINING, WHICH MAY INCLUDE
REQUIRING THE APPLICANT TO PASS AN
EXAMINATION
UPON
COMPLETION OF THE TRAINING;
(2) REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN
EXAMINATION, OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE;
(3) RESTRICTING OR LIMITING THE EXTENT, SCOPE, OR TYPE OF
PRACTICE OF THE
APPLICANT.
Sec. 4734.27. (A) TO
THE EXTENT IT IS IN THE PUBLIC INTEREST, THE STATE CHIROPRACTIC
BOARD MAY ISSUE, WITHOUT EXAMINATION, A SPECIAL LIMITED LICENSE
TO PRACTICE CHIROPRACTIC AS FOLLOWS:
(1) TO A PERSON WHO IS SEEKING TO PARTICIPATE IN AN
INTERNSHIP, RESIDENCY, PRECEPTORSHIP, OR CLINICAL FELLOWSHIP IN
THIS STATE IN PREPARATION FOR THE PRACTICE OF
CHIROPRACTIC;
(2) TO A PERSON WHO PLANS TO PROVIDE CHIROPRACTIC
SERVICES IN CONNECTION WITH A SPECIAL ACTIVITY, PROGRAM, OR
EVENT CONDUCTED IN THIS STATE, IF THE PERSON HOLDS A CURRENT, VALID,
AND UNRESTRICTED LICENSE TO PRACTICE CHIROPRACTIC IN ANOTHER STATE
OR COUNTRY;
(3) TO A PERSON WHO PREVIOUSLY HELD AN UNRESTRICTED
LICENSE TO PRACTICE CHIROPRACTIC IN THIS STATE WHO PLANS TO
OFFER GRATUITOUS CHIROPRACTIC SERVICES AS A VOLUNTARY PUBLIC
SERVICE;
(4) TO ANY OTHER PERSON FOR ANY OTHER REASON SPECIFIED AS
GOOD CAUSE BY THE BOARD IN RULES ADOPTED UNDER THIS
SECTION.
(B) AN APPLICANT FOR A
SPECIAL LIMITED LICENSE SHALL SUBMIT TO THE BOARD A COMPLETE
APPLICATION ON A FORM PRESCRIBED BY THE BOARD, PAY AN
APPLICATION FEE OF SEVENTY-FIVE DOLLARS, AND FURNISH PROOF
SATISFACTORY TO THE BOARD OF BEING AT LEAST TWENTY-ONE YEARS OF
AGE, OF GOOD MORAL CHARACTER, AND OF EITHER HOLDING THE DEGREE OF DOCTOR OF
CHIROPRACTIC OR BEING ENROLLED IN A PROGRAM LEADING TO
THE DEGREE. THE INSTITUTION FROM WHICH THE APPLICANT RECEIVED
THE DEGREE OR IN WHICH THE APPLICANT IS ENROLLED MUST BE A
SCHOOL OR COLLEGE THAT IS
APPROVED BY THE BOARD UNDER SECTION 4734.21 of the Revised Code.
(C) THE PROVISIONS OF
THIS CHAPTER THAT APPLY TO APPLICANTS FOR AND HOLDERS OF
LICENSES TO PRACTICE CHIROPRACTIC SHALL APPLY TO
APPLICANTS FOR AND HOLDERS OF SPECIAL LIMITED LICENSES TO THE
EXTENT THE BOARD CONSIDERS APPROPRIATE, INCLUDING THE BOARD'S
AUTHORITY TO CONDUCT ANY INVESTIGATION IT CONSIDERS APPROPRIATE
TO VERIFY AN APPLICANT'S CREDENTIALS, MORAL CHARACTER, AND
FITNESS TO RECEIVE A LICENSE AND THE BOARD'S AUTHORITY TO TAKE
ACTIONS UNDER SECTION 4734.31 of the Revised Code.
(D) THE BOARD SHALL
ADOPT ANY RULES IT CONSIDERS NECESSARY TO IMPLEMENT THIS
SECTION. ALL RULES ADOPTED UNDER THIS SECTION SHALL BE ADOPTED
IN ACCORDANCE WITH CHAPTER 119.
OF THE REVISED
CODE.
Sec. 4734.10 4734.31. (A) The
STATE
chiropractic examining board may
refuse, revoke, or suspend TAKE
ANY OF THE
ACTIONS SPECIFIED IN DIVISION (B) OF THIS SECTION
AGAINST AN INDIVIDUAL WHO HAS APPLIED FOR OR HOLDS A LICENSE TO
PRACTICE CHIROPRACTIC IN THIS STATE IF ANY OF THE REASONS SPECIFIED IN
DIVISION (C) OF THIS SECTION FOR TAKING ACTION AGAINST AN INDIVIDUAL
ARE APPLICABLE. EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION,
ACTIONS TAKEN AGAINST AN INDIVIDUAL SHALL BE TAKEN IN ACCORDANCE WITH
CHAPTER 119. of the Revised Code. THE BOARD MAY SPECIFY THAT ANY ACTION IT TAKES IS
A PERMANENT ACTION. THE BOARD'S AUTHORITY TO TAKE ACTION AGAINST AN
INDIVIDUAL IS NOT REMOVED OR LIMITED BY THE INDIVIDUAL'S FAILURE TO RENEW A
LICENSE.
(B) IN ITS IMPOSITION OF SANCTIONS AGAINST AN INDIVIDUAL, THE
BOARD MAY DO ANY OF THE FOLLOWING:
(1) REFUSE
TO ISSUE, RENEW, RESTORE, OR REINSTATE A LICENSE TO PRACTICE CHIROPRACTIC;
(2) REPRIMAND OR
CENSURE A LICENSE HOLDER;
(3) PLACE LIMITS, RESTRICTIONS, OR
PROBATIONARY CONDITIONS ON A LICENSE HOLDER'S PRACTICE;
(4) IMPOSE A
CIVIL FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS
ACCORDING TO A SCHEDULE OF FINES SPECIFIED IN RULES THAT THE BOARD SHALL ADOPT
IN ACCORDANCE WITH CHAPTER 119. of the Revised Code;
(5) SUSPEND A LICENSE for a limited OR INDEFINITE period,
the license of
an applicant for licensure to practice chiropractic or of a
licensed chiropractor;
(6) REVOKE A LICENSE.
(C) THE BOARD MAY TAKE THE ACTIONS SPECIFIED IN DIVISION
(B) OF THIS SECTION
for any of the following causes REASONS:
(1) Conviction of
A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, OR A
JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF
CONVICTION FOR, a felony or of a misdemeanor
involving moral turpitude IN ANY JURISDICTION, in either of
which
cases CASE a certified
copy of the court record shall be conclusive evidence, upon
receipt of which the board shall revoke or suspend the license of
a chiropractor so convicted OF THE CONVICTION;
(2) Any
COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN THIS STATE,
REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS COMMITTED;
(3) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, OR
A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF
CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE, AS
DETERMINED BY THE BOARD, IN WHICH CASE A CERTIFIED COPY OF THE
COURT RECORD SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER;
(4) COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE
JURISDICTION IN WHICH THE ACT WAS COMMITTED;
(5) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, OR
A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF
CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE, IN WHICH
CASE A CERTIFIED COPY OF THE COURT RECORD SHALL BE CONCLUSIVE
EVIDENCE OF THE MATTER;
(6) 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;
(7) A VIOLATION OR ATTEMPTED
violation of this chapter
OR THE RULES ADOPTED UNDER IT GOVERNING THE PRACTICE OF
CHIROPRACTIC;
(8) FAILURE TO
COOPERATE IN AN INVESTIGATION CONDUCTED BY THE BOARD, 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 THE BOARD OR 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;
(9) ENGAGING IN AN ONGOING PROFESSIONAL RELATIONSHIP WITH
A PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER OR
THE RULES ADOPTED UNDER IT, UNLESS THE CHIROPRACTOR MAKES
A GOOD FAITH EFFORT TO HAVE THE PERSON OR ENTITY COMPLY WITH THE
PROVISIONS;
(10) RETALIATING AGAINST A CHIROPRACTOR FOR THE CHIROPRACTOR'S
REPORTING TO THE BOARD OR ANY OTHER AGENCY WITH JURISDICTION ANY
VIOLATION OF THE LAW OR FOR COOPERATING WITH THE BOARD OF
ANOTHER AGENCY IN THE INVESTIGATION OF ANY VIOLATION OF THE
LAW;
(11) AIDING, ABETTING, ASSISTING, COUNSELING, OR CONSPIRING
WITH ANY PERSON IN THAT PERSON'S VIOLATION OF ANY PROVISION OF
THIS CHAPTER OR THE RULES ADOPTED UNDER IT, INCLUDING THE
PRACTICE OF CHIROPRACTIC WITHOUT A LICENSE, OR AIDING, ABETTING,
ASSISTING, COUNSELING, OR CONSPIRING WITH ANY PERSON IN THAT
PERSON'S UNLICENSED PRACTICE OF ANY OTHER HEALTH CARE PROFESSION
THAT HAS LICENSING REQUIREMENTS;
(12) WITH RESPECT TO A REPORT OR RECORD THAT IS
MADE, FILED, OR SIGNED IN CONNECTION WITH THE PRACTICE OF CHIROPRACTIC,
KNOWINGLY MAKING OR FILING A REPORT OR RECORD THAT IS FALSE,
INTENTIONALLY OR NEGLIGENTLY FAILING TO FILE A REPORT OR RECORD
REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR WILLFULLY IMPEDING OR
OBSTRUCTING THE REQUIRED FILING, OR INDUCING ANOTHER PERSON TO
ENGAGE IN ANY SUCH ACTS;
(3) Fraud or deceit in procuring admission to practice;
(4)(13) MAKING A FALSE, FRAUDULENT, OR DECEITFUL STATEMENT
TO THE BOARD OR ANY AGENT OF THE BOARD DURING ANY INVESTIGATION OR OTHER
OFFICIAL PROCEEDING CONDUCTED BY THE BOARD UNDER THIS CHAPTER OR IN ANY FILING
THAT MUST BE SUBMITTED TO THE BOARD;
(14) ATTEMPTING TO SECURE A LICENSE OR TO CORRUPT THE
OUTCOME OF AN OFFICIAL BOARD PROCEEDING THROUGH BRIBERY OR ANY OTHER IMPROPER
MEANS;
(15) WILLFULLY OBSTRUCTING OR HINDERING THE BOARD OR ANY
AGENT OF THE BOARD IN THE DISCHARGE OF THE BOARD'S DUTIES;
(16) Habitually using drugs or intoxicants to the extent of
rendering the applicant or chiropractor THAT THE PERSON IS RENDERED
unfit for the
practice of chiropractic or for
gross immorality;
(5) Violation of any rule adopted by the board
to govern the practice of chiropractic that is
consistent with section 4734.091 of the Revised Code;
(6) Being guilty;
(17) INABILITY TO PRACTICE CHIROPRACTIC
ACCORDING TO
ACCEPTABLE AND PREVAILING STANDARDS OF CARE BY REASON OF
CHEMICAL DEPENDENCY, MENTAL ILLNESS, OR PHYSICAL ILLNESS, INCLUDING
CONDITIONS IN WHICH PHYSICAL DETERIORATION HAS ADVERSELY
AFFECTED THE PERSON'S COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS AND
CONDITIONS IN WHICH A CHIROPRACTOR'S CONTINUED
PRACTICE MAY POSE A DANGER TO THE CHIROPRACTOR OR THE
PUBLIC;
(18) ANY ACT CONSTITUTING GROSS IMMORALITY RELATIVE TO THE
PERSON'S PRACTICE OF CHIROPRACTIC, INCLUDING ACTS INVOLVING
SEXUAL ABUSE, SEXUAL MISCONDUCT, OR SEXUAL EXPLOITATION;
(19) EXPLOITING A PATIENT FOR PERSONAL OR FINANCIAL GAIN;
(20) FAILING TO MAINTAIN PROPER, ACCURATE, AND LEGIBLE
RECORDS IN THE ENGLISH LANGUAGE DOCUMENTING EACH
PATIENT'S CARE, INCLUDING, AS APPROPRIATE, RECORDS OF THE
FOLLOWING: DATES OF TREATMENT, SERVICES RENDERED, EXAMINATIONS,
TESTS, X-RAY REPORTS, REFERRALS, AND THE DIAGNOSIS OR CLINICAL
IMPRESSION AND CLINICAL TREATMENT PLAN PROVIDED TO THE PATIENT;
(21) EXCEPT AS OTHERWISE REQUIRED BY THE BOARD OR BY LAW,
DISCLOSING PATIENT INFORMATION GAINED DURING THE CHIROPRACTOR'S
PROFESSIONAL RELATIONSHIP WITH A PATIENT WITHOUT
OBTAINING THE PATIENT'S AUTHORIZATION FOR THE DISCLOSURE;
(22) COMMISSION
of willful and OR gross malpractice, or
willful or gross neglect, in the practice of chiropractic;
(7)(23) FAILING TO PERFORM OR NEGLIGENTLY PERFORMING AN
ACT
RECOGNIZED BY THE BOARD AS A GENERAL DUTY OR THE EXERCISE OF DUE
CARE IN THE PRACTICE OF CHIROPRACTIC, REGARDLESS OF WHETHER
INJURY RESULTS TO A PATIENT FROM THE FAILURE TO PERFORM OR
NEGLIGENT PERFORMANCE OF THE ACT;
(24) ENGAGING IN ANY CONDUCT OR PRACTICE THAT IMPAIRS OR MAY
IMPAIR THE ABILITY TO PRACTICE CHIROPRACTIC SAFELY AND
SKILLFULLY;
(25) PRACTICING, OR CLAIMING TO BE CAPABLE OF
PRACTICING, BEYOND THE SCOPE OF THE PRACTICE OF CHIROPRACTIC
AS ESTABLISHED UNDER THIS CHAPTER AND THE RULES ADOPTED UNDER THIS CHAPTER;
(26) ACCEPTING AND PERFORMING PROFESSIONAL RESPONSIBILITIES
AS A CHIROPRACTOR WHEN NOT QUALIFIED TO PERFORM THOSE
RESPONSIBILITIES, IF THE PERSON KNEW OR HAD REASON TO KNOW THAT
THE PERSON WAS NOT QUALIFIED TO PERFORM THEM;
(27) DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES OF
A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL WHEN
THE DELEGATING CHIROPRACTOR KNOWS OR HAD REASON TO KNOW
THAT THE EMPLOYEE OR OTHER INDIVIDUAL IS NOT QUALIFIED BY
TRAINING, EXPERIENCE, OR PROFESSIONAL LICENSURE TO PERFORM THE
RESPONSIBILITIES;
(28) DELEGATING ANY OF THE PROFESSIONAL RESPONSIBILITIES OF
A CHIROPRACTOR TO AN EMPLOYEE OR OTHER INDIVIDUAL IN A
NEGLIGENT MANNER OR FAILING TO PROVIDE PROPER SUPERVISION OF THE
EMPLOYEE OR OTHER INDIVIDUAL TO WHOM THE RESPONSIBILITIES ARE
DELEGATED;
(29) FAILING TO REFER A PATIENT TO ANOTHER HEALTH CARE
PRACTITIONER FOR CONSULTATION OR TREATMENT WHEN THE CHIROPRACTOR
KNOWS OR HAS REASON TO KNOW THAT THE REFERRAL IS IN
THE BEST INTEREST OF THE PATIENT;
(30)
Obtaining OR ATTEMPTING TO OBTAIN any fee OR OTHER ADVANTAGE by
fraud or misrepresentation;
(8)(31) MAKING MISLEADING, DECEPTIVE, FALSE, OR
FRAUDULENT REPRESENTATIONS IN THE PRACTICE OF CHIROPRACTIC;
(32) Being guilty of false, fraudulent, DECEPTIVE, or
misleading
advertising or advertising the prices for which chiropractic
services are
available; OTHER SOLICITATIONS FOR PATIENTS or KNOWINGLY
having professional
connection with any individual,
firm, or corporation PERSON
that advertises contrary to division (A)(8) of this
section;
(9) Subject to section 4734.091 of the Revised Code, the violation
OR SOLICITS FOR PATIENTS IN SUCH A MANNER;
(33) VIOLATION of any A
provision of the ANY code of ethics
of the American chiropractic association or of
another national
professional organization as determined ESTABLISHED OR ADOPTED by
rule of the
board. The board shall obtain and keep on file current copies of
the codes of ethics of the national organizations. A chiropractor
whose certificate is being suspended or
revoked
shall not be found to have violated a
code of ethics of
an organization not appropriate to the chiropractor's
profession.
(10) Failure of UNDER SECTION 4734.16 of the Revised Code;
(34) FAILING TO MEET the licensing examination
REQUIREMENTS FOR RECEIPT OF A LICENSE SPECIFIED UNDER SECTION 4734.20 OF
THE REVISED CODE;
(11)(35) ACTIONS TAKEN FOR ANY REASON, OTHER
THAN NONPAYMENT OF FEES, BY THE CHIROPRACTIC LICENSING AUTHORITY
OF ANOTHER STATE OR COUNTRY;
(36) FAILING TO MAINTAIN CLEAN AND SANITARY CONDITIONS AT
THE CLINIC, OFFICE, OR OTHER PLACE IN WHICH CHIROPRACTIC
SERVICES ARE PROVIDED;
(37) EXCEPT AS PROVIDED IN DIVISION (G) 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 chiropractor'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 provider CHIROPRACTOR;
(12)(b) Advertising that 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,
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
(D) THE ADJUDICATION REQUIREMENTS OF CHAPTER 119. of the Revised Code
APPLY TO THE BOARD WHEN TAKING ACTIONS AGAINST AN INDIVIDUAL UNDER THIS
SECTION, EXCEPT
AS FOLLOWS:
(1) AN APPLICANT IS NOT ENTITLED TO AN ADJUDICATION FOR
FAILING TO MEET THE CONDITIONS SPECIFIED UNDER SECTION 4734.20
OF THE REVISED CODE FOR RECEIPT OF A LICENSE THAT
INVOLVE THE BOARD'S EXAMINATION ON JURISPRUDENCE OR THE
EXAMINATIONS OF THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS.
(2) A PERSON IS NOT ENTITLED TO AN ADJUDICATION IF THE PERSON FAILS TO
MAKE A TIMELY REQUEST FOR A HEARING, IN ACCORDANCE WITH CHAPTER 119.
of the Revised Code.
(3) IN LIEU OF AN ADJUDICATION, THE BOARD MAY ACCEPT THE
SURRENDER OF A LICENSE FROM A CHIROPRACTOR.
(4) 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
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.
(E)
THIS SECTION DOES NOT REQUIRE THE BOARD TO HIRE, CONTRACT WITH, OR RETAIN
THE SERVICES OF AN EXPERT WITNESS WHEN THE BOARD TAKES ACTION AGAINST A
CHIROPRACTOR CONCERNING COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF
CARE. AS PART OF AN ACTION TAKEN CONCERNING COMPLIANCE WITH ACCEPTABLE AND
PREVAILING STANDARDS OF CARE, THE BOARD MAY RELY ON THE
KNOWLEDGE OF ITS MEMBERS FOR PURPOSES OF MAKING A DETERMINATION OF COMPLIANCE,
NOTWITHSTANDING ANY EXPERT TESTIMONY PRESENTED BY
THE CHIROPRACTOR THAT CONTRADICTS THE KNOWLEDGE AND OPINIONS OF
THE MEMBERS OF THE BOARD.
(F) THE SEALING OF CONVICTION RECORDS BY A COURT
SHALL HAVE NO EFFECT ON A PRIOR BOARD ORDER ENTERED UNDER THIS
SECTION OR ON THE BOARD'S JURISDICTION TO TAKE ACTION UNDER THIS
SECTION IF, BASED ON A PLEA OF GUILTY, A JUDICIAL FINDING OF
GUILT, OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION 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.
(G) ACTIONS
shall not be imposed TAKEN PURSUANT TO DIVISION
(C)(37) OF THIS SECTION against any licensee
CHIROPRACTOR who
waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that expressly allows a
practice of that nature. Waiver of the deductibles or copays
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 licensed pursuant
to this chapter, to the extent allowed by this chapter and the rules of
the board.
Sec. 4734.22 4734.311. On receipt of a notice pursuant to
section
2301.373 of the Revised Code, the STATE chiropractic examining
board shall comply
with that section with respect to a license issued pursuant to this chapter.
Sec. 4734.32. (A)(1) EXCEPT AS PROVIDED IN DIVISION
(A)(2) OF THIS SECTION, IF
FORMAL DISCIPLINARY ACTION IS TAKEN AGAINST A CHIROPRACTOR BY ANY HEALTH CARE
FACILITY, INCLUDING A CLINIC, HOSPITAL, OR SIMILAR
FACILITY, THE CHIEF ADMINISTRATOR OR EXECUTIVE OFFICER OF THE
FACILITY SHALL FILE A REPORT WITH THE STATE CHIROPRACTIC BOARD NOT
LATER THAN SIXTY DAYS AFTER THE DISCIPLINARY ACTION IS IMPOSED.
THE REPORT SHALL INCLUDE THE NAME OF THE
INDIVIDUAL, THE ACTION TAKEN BY THE FACILITY, AND A SUMMARY OF THE
UNDERLYING FACTS LEADING TO THE ACTION TAKEN. ON REQUEST, THE BOARD SHALL
BE PROVIDED CERTIFIED COPIES OF THE PATIENT RECORDS THAT WERE THE
BASIS FOR THE FACILITY'S
ACTION. PRIOR TO RELEASE TO THE BOARD, THE SUMMARY SHALL BE
APPROVED BY THE PEER REVIEW COMMITTEE THAT REVIEWED THE
CASE OR BY THE GOVERNING BOARD OF THE FACILITY.
THE FILING OF A REPORT WITH THE BOARD, A DECISION NOT
TO FILE A REPORT WITH THE BOARD, AN INVESTIGATION BY THE BOARD, OR ANY
DISCIPLINARY ACTION
TAKEN BY THE BOARD, DOES NOT PRECLUDE A HEALTH CARE
FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST A CHIROPRACTOR.
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR ENTITY THAT PROVIDES
PATIENT RECORDS TO THE BOARD SHALL BE LIABLE IN DAMAGES TO ANY
PERSON AS A RESULT OF PROVIDING THE RECORDS.
(2) DISCIPLINARY ACTION TAKEN AGAINST A CHIROPRACTOR BY A
CHIROPRACTIC CLINIC NEED NOT BE REPORTED TO THE BOARD IN EITHER OF THE
FOLLOWING CIRCUMSTANCES:
(a) THE CLINIC TAKES THE DISCIPLINARY ACTION FOR REASONS THAT
DO NOT INVOLVE CLINICAL OR PATIENT CARE ISSUES.
(b) THE CLINIC EMPLOYS FEWER THAN FIVE CHIROPRACTORS AND THE
DISCIPLINARY ACTION TAKEN DOES NOT RISE ABOVE THE LEVEL OF A WRITTEN
REPRIMAND.
(B) A CHIROPRACTOR OR PROFESSIONAL ASSOCIATION OR SOCIETY OF
CHIROPRACTORS THAT BELIEVES A VIOLATION OF
ANY PROVISION OF THIS CHAPTER OR RULE OF THE BOARD HAS
OCCURRED SHALL REPORT TO THE BOARD THE INFORMATION
UPON WHICH THE BELIEF IS BASED. THIS DIVISION DOES NOT REQUIRE
ANY TREATMENT PROVIDER APPROVED
BY THE BOARD UNDER SECTION 4734.40 of the Revised Code OR ANY EMPLOYEE, AGENT, OR
REPRESENTATIVE OF SUCH A
PROVIDER TO MAKE REPORTS WITH RESPECT TO A CHIROPRACTOR
PARTICIPATING IN TREATMENT OR AFTERCARE FOR SUBSTANCE ABUSE
AS LONG AS THE CHIROPRACTOR MAINTAINS PARTICIPATION IN ACCORDANCE WITH THE
REQUIREMENTS OF SECTION 4734.40 of the Revised Code AND THE TREATMENT PROVIDER OR
EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER HAS NO REASON TO
BELIEVE THAT THE CHIROPRACTOR HAS VIOLATED ANY
PROVISION OF THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN
BEING IMPAIRED BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES. THIS
DIVISION DOES NOT REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED
PRACTITIONER COMMITTEE ESTABLISHED BY A HEALTH CARE
FACILITY OR BY ANY REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM
SPONSORED BY A PROFESSIONAL ASSOCIATION OR SOCIETY OF CHIROPRACTORS TO PROVIDE
PEER ASSISTANCE TO CHIROPRACTORS WITH SUBSTANCE ABUSE PROBLEMS
WITH RESPECT TO A CHIROPRACTOR WHO HAS BEEN REFERRED FOR
EXAMINATION TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER
SECTION 4734.40 of the Revised Code IF THE
CHIROPRACTOR COOPERATES WITH THE REFERRAL FOR EXAMINATION
AND WITH ANY DETERMINATION THAT THE CHIROPRACTOR SHOULD ENTER TREATMENT
AND AS LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR AGENT HAS NO
REASON TO BELIEVE THAT THE CHIROPRACTOR HAS CEASED TO
PARTICIPATE IN THE TREATMENT PROGRAM IN ACCORDANCE WITH SECTION
4734.40 of the Revised Code OR HAS VIOLATED ANY
PROVISION OF THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN
BEING IMPAIRED BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES.
(C) ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED PRIMARILY
OF CHIROPRACTORS THAT SUSPENDS OR REVOKES AN INDIVIDUAL'S
MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS,
OR FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL
MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL
REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE
BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY
THE PROFESSIONAL ORGANIZATION,
AND A SUMMARY OF THE UNDERLYING FACTS LEADING TO THE ACTION
TAKEN.
THE FILING OF A REPORT WITH THE BOARD,
A DECISION NOT TO FILE A REPORT WITH THE BOARD,
AN INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY ACTION TAKEN BY
THE BOARD, SHALL NOT PRECLUDE A PROFESSIONAL
ORGANIZATION FROM TAKING
DISCIPLINARY ACTION AGAINST A CHIROPRACTOR.
(D) ANY INSURER PROVIDING PROFESSIONAL
LIABILITY INSURANCE TO ANY PERSON HOLDING A VALID LICENSE
AS A CHIROPRACTOR OR ANY OTHER ENTITY THAT
SEEKS TO INDEMNIFY THE PROFESSIONAL LIABILITY OF A CHIROPRACTOR
SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER THE
FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH
DISPOSITION RESULTS IN A PAYMENT EXCEEDING TEN THOUSAND
DOLLARS. THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE
NOTIFICATION;
(2) THE NAME AND ADDRESS OF THE INSURED WHO IS THE
SUBJECT OF THE CLAIM;
(3) THE NAME OF THE PERSON FILING THE WRITTEN CLAIM;
(4) THE DATE OF FINAL DISPOSITION;
(5) IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH
THE FINAL DISPOSITION OF THE CLAIM TOOK PLACE.
(E) THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF
THIS CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS ATTENTION
AS A RESULT OF THE
REPORTING
REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD SHALL
CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES REPEATED
MALPRACTICE. AS USED IN THIS DIVISION,
"REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS FOR
MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH
RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TEN THOUSAND
DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING TORTIOUS
CONDUCT BY THE CHIROPRACTOR.
(F) ALL SUMMARIES, REPORTS, AND RECORDS
RECEIVED AND MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION
SHALL BE HELD IN CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY
OR INTRODUCTION IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION
INVOLVING A CHIROPRACTOR OR HEALTH CARE
FACILITY ARISING OUT OF
MATTERS THAT ARE THE SUBJECT OF THE REPORTING REQUIRED BY THIS
SECTION. THE BOARD MAY USE THE INFORMATION
OBTAINED ONLY AS THE BASIS FOR
AN INVESTIGATION, AS EVIDENCE IN A DISCIPLINARY HEARING AGAINST
A CHIROPRACTOR, OR IN ANY SUBSEQUENT TRIAL OR
APPEAL OF A
BOARD ACTION OR ORDER.
THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT
RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY COMMITTEES
WITHIN OR
OUTSIDE THIS STATE THAT ARE INVOLVED IN CREDENTIALING OR RECREDENTIALING A
CHIROPRACTOR OR REVIEWING THE CHIROPRACTOR'S PRIVILEGE TO
PRACTICE WITHIN A PARTICULAR FACILITY. THE BOARD SHALL INDICATE
WHETHER OR NOT THE INFORMATION HAS BEEN VERIFIED. INFORMATION
TRANSMITTED BY THE BOARD SHALL BE SUBJECT TO THE SAME
CONFIDENTIALITY PROVISIONS AS WHEN MAINTAINED BY THE BOARD.
(G) EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL
PURSUANT TO DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY
OF ANY REPORTS OR SUMMARIES IT RECEIVES
PURSUANT TO THIS SECTION TO THE CHIROPRACTOR. THE CHIROPRACTOR SHALL HAVE THE
RIGHT TO FILE A
STATEMENT WITH THE BOARD CONCERNING THE CORRECTNESS OR RELEVANCE
OF THE INFORMATION. THE STATEMENT SHALL AT ALL TIMES
ACCOMPANY
THAT PART OF THE RECORD IN CONTENTION.
(H) AN INDIVIDUAL OR ENTITY
THAT REPORTS TO THE BOARD OR
REFERS AN IMPAIRED CHIROPRACTOR TO A TREATMENT PROVIDER
APPROVED BY THE BOARD UNDER SECTION 4734.40 of the Revised Code SHALL NOT BE SUBJECT TO SUIT FOR
CIVIL DAMAGES AS A RESULT OF THE REPORT, REFERRAL, OR PROVISION
OF THE INFORMATION.
(I) IN THE ABSENCE OF FRAUD OR BAD FAITH, A
PROFESSIONAL ASSOCIATION OR SOCIETY OF CHIROPRACTORS THAT SPONSORS A
COMMITTEE OR PROGRAM TO PROVIDE PEER ASSISTANCE TO A CHIROPRACTOR WITH
SUBSTANCE ABUSE PROBLEMS, A REPRESENTATIVE OR
AGENT OF SUCH A COMMITTEE OR PROGRAM, AND A MEMBER OF THE STATE
CHIROPRACTIC BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON BY
REASON OF ACTIONS TAKEN TO REFER A CHIROPRACTOR TO A
TREATMENT PROVIDER APPROVED UNDER SECTION 4734.40 of the Revised Code FOR EXAMINATION OR TREATMENT.
Sec. 4734.12 4734.34. Before restoring
AN INDIVIDUAL SUBJECT TO AN ACTION TAKEN UNDER SECTION 4734.31
OF THE REVISED CODE, OTHER THAN PERMANENT
REVOCATION OF A LICENSE, MAY APPLY TO THE STATE CHIROPRACTIC
BOARD TO HAVE THE INDIVIDUAL'S LICENSE RESTORED
to a good standing a
certificate issued under
Chapter 4734. of the Revised Code which has
been suspended for any cause for
more than two years, the chiropractic examining. THE BOARD
SHALL CONSIDER THE MORAL CHARACTER AND THE
ACTIVITIES OF THE APPLICANT SINCE THE BOARD'S ACTION WAS TAKEN,
IN ACCORDANCE WITH THE STANDARDS FOR ISSUANCE OF A LICENSE
ESTABLISHED UNDER SECTION 4734.20 OF THE REVISED
CODE. THE
board may
require the
applicant to pass an oral and written
examination, but under no circumstances shall an
applicant take only an oral exam, to determine his
present fitness to resume
practice.
The authority of the board to impose terms and conditions
includes ON RESTORATION OF THE LICENSE BY DOING ANY OF the
following:
(A) Requiring the applicant to obtain training and, WHICH
MAY INCLUDE REQUIRING THE APPLICANT to pass an examination upon
completion of such THE training;
(B)
REQUIRING THE APPLICANT TO PASS AN ORAL OR WRITTEN EXAMINATION,
OR BOTH, TO DETERMINE FITNESS TO RESUME PRACTICE;
(C) Restricting or limiting the extent, scope, or type of practice
of the
applicant.
The board shall consider the moral character and the activities of the
applicant during the period of suspension or inactivity,
in accordance with
this chapter.
Sec. 4734.35. (A) AS USED IN THIS SECTION,
"PROSECUTOR" HAS THE SAME MEANING AS IN SECTION 2935.01
of the Revised Code.
(B) THE PROSECUTOR IN ANY CASE AGAINST ANY
CHIROPRACTOR HOLDING A VALID LICENSE ISSUED UNDER THIS
CHAPTER SHALL PROMPTLY NOTIFY THE STATE CHIROPRACTIC BOARD OF ANY OF THE
FOLLOWING:
(1) A PLEA OF GUILTY TO, OR A FINDING OF GUILT
BY A JURY OR COURT OF, A FELONY, OR A CASE IN WHICH THE TRIAL COURT ISSUES AN
ORDER OF
DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A FELONY
CHARGE;
(2) A PLEA OF GUILTY TO, OR A FINDING OF GUILT
BY A JURY OR COURT OF, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE, OR A
CASE
IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL
OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR, IF THE
ALLEGED ACT WAS COMMITTED IN THE COURSE OF PRACTICE;
(3) A PLEA OF GUILTY TO, OR A FINDING OF GUILT
BY A JURY OR COURT OF, A MISDEMEANOR INVOLVING MORAL TURPITUDE, OR A CASE IN
WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL OR
PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR INVOLVING MORAL
TURPITUDE.
(C) THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE
CHIROPRACTOR, THE NATURE OF THE OFFENSE FOR WHICH THE
ACTION WAS TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE
ACTION. THE BOARD MAY PRESCRIBE AND PROVIDE FORMS FOR PROSECUTORS TO MAKE
REPORTS UNDER THIS SECTION. THE FORM MAY BE THE SAME AS THE FORM REQUIRED TO
BE PROVIDED UNDER SECTION 2929.24 of the Revised Code.
Sec. 4734.36. A CHIROPRACTOR
WHO IN THIS STATE PLEADS GUILTY TO OR IS CONVICTED
OF AGGRAVATED MURDER, MURDER, VOLUNTARY MANSLAUGHTER, FELONIOUS ASSAULT,
KIDNAPPING, RAPE, SEXUAL BATTERY, GROSS SEXUAL IMPOSITION,
AGGRAVATED ARSON, AGGRAVATED ROBBERY, OR AGGRAVATED BURGLARY, OR
WHO IN ANOTHER JURISDICTION PLEADS GUILTY TO OR IS CONVICTED OF ANY
SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE, IS AUTOMATICALLY
SUSPENDED FROM PRACTICE IN THIS STATE AND THE LICENSE ISSUED
UNDER THIS
CHAPTER IS AUTOMATICALLY SUSPENDED AS OF THE DATE OF THE GUILTY PLEA OR
CONVICTION. CONTINUED PRACTICE AFTER SUSPENSION UNDER THIS SECTION SHALL
BE CONSIDERED PRACTICING CHIROPRACTIC WITHOUT A LICENSE. ON RECEIVING NOTICE
OR OTHERWISE BECOMING AWARE OF THE CONVICTION, THE STATE
CHIROPRACTIC BOARD SHALL NOTIFY THE
INDIVIDUAL OF THE SUSPENSION UNDER THIS SECTION BY CERTIFIED MAIL OR
IN PERSON IN ACCORDANCE WITH SECTION 119.07 of the Revised Code. IF AN
INDIVIDUAL WHOSE LICENSE IS SUSPENDED UNDER THIS
SECTION FAILS TO MAKE A TIMELY REQUEST FOR AN ADJUDICATION, THE BOARD SHALL
ENTER A FINAL ORDER REVOKING THE INDIVIDUAL'S LICENSE.
Sec. 4734.101 4734.37. If the STATE chiropractic
examining board determines that there is clear and convincing evidence
that a person who has been granted a certificate LICENSE under
this chapter has committed an act that subjects his THE PERSON'S
license to board action under
section 4734.10 4734.31 of the Revised Code and that the
certificate holder's PERSON'S continued practice presents a
danger of immediate and
serious harm to the public, the board may suspend the certificate
LICENSE without a prior hearing. A telephone conference call may be
utilized for reviewing the matter and taking the vote.
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 is not subject to suspension by the
court during pendency of any appeal filed under section 119.12 of
the Revised Code. If the certificate holder PERSON SUBJECT TO THE
SUSPENSION requests an adjudicatory hearing ADJUDICATION by
the board, the date set for the hearing ADJUDICATION shall be
within fifteen TWENTY days, but not earlier than seven days,
after the request, unless otherwise agreed to by both the board
and the certificate holder PERSON SUBJECT TO THE SUSPENSION.
Any summary suspension imposed under this section shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to section
4734.10 4734.31 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 ADJUDICATION. 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.
Sec. 4734.11 4734.38. If any person who has been granted a
certificate LICENSE under Chapter
4734. of the Revised Code THIS CHAPTER is adjudicated
incompetent
for the purpose of
holding the certificate, as provided in section 5122.301 of the Revised Code,
his certificate ADJUDGED BY
A PROBATE COURT TO BE MENTALLY ILL OR MENTALLY INCOMPETENT, THE PERSON'S
LICENSE shall be automatically suspended
until such THE person has filed
with the STATE chiropractic examining board a certified copy of
an adjudication by a
probate court of his subsequent restoration BEING RESTORED to
competency or has submitted to
such THE board proof, satisfactory to the board, that he
has OF HAVING been discharged as
having a restoration BEING RESTORED to competency in the manner
and form provided in section 5122.38 of the Revised Code. The judge of
such THE court shall forthwith
notify the board of an adjudication of MENTAL ILLNESS OR MENTAL
incompetence, and shall note any
suspension of a certificate in the margin of the court's record of such
certificate.
Sec. 4734.39. (A) FOR PURPOSES OF THE STATE CHIROPRACTIC BOARD'S
ENFORCEMENT OF DIVISION (C)(16) OR (17) OF SECTION 4734.31 of the Revised Code, AN
INDIVIDUAL WHO
APPLIES FOR OR RECEIVES A LICENSE
UNDER THIS CHAPTER ACCEPTS THE PRIVILEGE OF
PRACTICING CHIROPRACTIC 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 IN ITS ENFORCEMENT OF THOSE DIVISIONS, AND TO HAVE WAIVED ALL OBJECTIONS
TO THE ADMISSIBILITY OF
TESTIMONY OR EXAMINATION REPORTS THAT CONSTITUTE A PRIVILEGED
COMMUNICATION.
(B) IF THE BOARD HAS REASON TO BELIEVE THAT A CHIROPRACTOR OR
APPLICANT SUFFERS AN IMPAIRMENT DESCRIBED IN DIVISION (C)(16) OR (17)
OF SECTION 4734.31 of the Revised Code, 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 SECTION SHALL
BE UNDERTAKEN BY A PROVIDER 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. A DEFAULT AND
FINAL ORDER MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR
PRESENTATION OF EVIDENCE.
IF THE BOARD DETERMINES THAT AN
INDIVIDUAL'S ABILITY TO PRACTICE IS IMPAIRED, THE BOARD SHALL
SUSPEND THE INDIVIDUAL'S LICENSE OR DENY THE
INDIVIDUAL'S APPLICATION AND SHALL REQUIRE
THE INDIVIDUAL, AS A CONDITION FOR INITIAL, CONTINUED,
REINSTATED, RESTORED, OR RENEWED CERTIFICATION TO PRACTICE, TO
SUBMIT TO CARE, COUNSELING, OR TREATMENT.
(C) BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A
LICENSE SUSPENDED UNDER DIVISION (C)(16) OF SECTION 4734.31 of the Revised Code OR
THE CHEMICAL DEPENDENCY PROVISIONS OF DIVISION (C)(17) OF SECTION
4731.34 of the Revised Code, THE
IMPAIRED INDIVIDUAL SHALL
DEMONSTRATE TO THE BOARD THE ABILITY
TO RESUME PRACTICE IN
COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE IN
THE PRACTICE OF CHIROPRACTIC. IF RULES HAVE BEEN ADOPTED UNDER SECTION
4734.40 of the Revised Code, THE DEMONSTRATION SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING:
(1) CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER
SECTION 4734.40 of the Revised Code THAT THE
INDIVIDUAL HAS
SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT;
(2) EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN
AFTERCARE CONTRACT OR CONSENT AGREEMENT;
(3) 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 LICENSE SUSPENDED UNDER
THIS
DIVISION AFTER THAT DEMONSTRATION AND AFTER THE INDIVIDUAL HAS
ENTERED INTO A WRITTEN CONSENT AGREEMENT.
WHEN THE IMPAIRED INDIVIDUAL 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.
Sec. 4734.40. (A) THE STATE CHIROPRACTIC BOARD MAY ADOPT RULES
IN ACCORDANCE WITH CHAPTER 119. of the Revised Code ESTABLISHING STANDARDS FOR
APPROVING TREATMENT PROVIDERS FOR IMPAIRED CHIROPRACTORS. IF RULES ARE
ADOPTED, THE RULES SHALL INCLUDE STANDARDS FOR BOTH INPATIENT AND
OUTPATIENT TREATMENT. THE RULES SHALL PROVIDE THAT TO
BE APPROVED, A TREATMENT PROVIDER MUST BE CAPABLE OF
MAKING AN INITIAL EXAMINATION TO DETERMINE THE TYPE OF TREATMENT
AN IMPAIRED CHIROPRACTOR REQUIRES
AND MUST BE CAPABLE OF ADHERING TO GUIDELINES THE BOARD
CONSIDERS APPROPRIATE FOR ASSESSMENT AND REFERRAL OF IMPAIRED
CHIROPRACTORS.
THE
BOARD SHALL REVIEW TREATMENT PROVIDERS ON A REGULAR
BASIS AND DESIGNATE THOSE PROVIDERS THAT MEET THE STANDARDS FOR APPROVAL. THE
BOARD MAY DENY OR WITHDRAW ITS APPROVAL
IF IT FINDS THAT THE TREATMENT PROVIDER BEING REVIEWED DOES NOT
MEET OR NO LONGER MEETS THE STANDARDS FOR APPROVAL.
(B)
A CHIROPRACTOR 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.
Sec. 4734.41. (A) AS USED IN THIS SECTION:
(1) "CHEMICAL DEPENDENCY" MEANS EITHER OF THE FOLLOWING:
(a) THE CHRONIC AND HABITUAL USE OF ALCOHOLIC BEVERAGES TO THE
EXTENT THAT
THE USER NO LONGER CAN CONTROL THE USE OF ALCOHOL OR ENDANGERS THE USER'S
HEALTH, SAFETY, OR WELFARE OR THAT OF OTHERS;
(b) THE USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION
3719.01 of the Revised Code, A HARMFUL INTOXICANT AS DEFINED IN SECTION 2925.01 of the Revised Code, OR A
DANGEROUS DRUG AS DEFINED IN SECTION 4729.01 of the Revised Code,
TO THE EXTENT THAT THE USER BECOMES PHYSICALLY OR PSYCHOLOGICALLY DEPENDENT ON
THE SUBSTANCE, INTOXICANT, OR DRUG OR ENDANGERS THE USER'S HEALTH,
SAFETY, OR WELFARE OR THAT OF OTHERS.
(2) "MENTAL ILLNESS" MEANS A RECOGNIZED PSYCHIATRIC OR
PSYCHOLOGICAL CONDITION, DISORDER, OR SYNDROME THAT HAS BEEN
DIAGNOSED BY A PSYCHIATRIST, PSYCHOLOGIST, PROFESSIONAL CLINICAL
COUNSELOR, OR INDEPENDENT SOCIAL WORKER AS A CONDITION,
DISORDER, OR SYNDROME THAT MAY POSE A DANGER TO THE PERSON
DIAGNOSED OR OTHERS OR MAY PREVENT THE PERSON FROM PRACTICING THE
PERSON'S PROFESSION ACCORDING TO ACCEPTABLE AND PREVAILING
STANDARDS OF CARE.
(B) THE STATE CHIROPRACTIC BOARD SHALL ESTABLISH A CHEMICAL
DEPENDENCY AND MENTAL ILLNESS
MONITORING PROGRAM. THE
PROGRAM SHALL BE MADE AVAILABLE TO ANY INDIVIDUAL UNDER THE
BOARD'S
JURISDICTION WHO HAS A CHEMICAL DEPENDENCY OR MENTAL ILLNESS AND
MEETS THE BOARD'S ELIGIBILITY
REQUIREMENTS FOR ADMISSION TO AND CONTINUED PARTICIPATION IN THE
PROGRAM. THE BOARD SHALL DEVELOP THE PROGRAM AND MAY DESIGNATE A
COORDINATOR TO ADMINISTER
IT OR ENTER INTO A CONTRACT FOR THE PROGRAM TO BE ADMINISTERED BY ANOTHER
ENTITY THROUGH A COORDINATOR. THE BOARD SHALL ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119. of the Revised Code THAT ESTABLISH STANDARDS AND PROCEDURE FOR
OPERATING THE PROGRAM.
(C) EXCEPT AS PROVIDED IN DIVISION (D)
OF THIS SECTION,
ALL RECORDS OF AN INDIVIDUAL'S PARTICIPATION IN THE MONITORING PROGRAM,
INCLUDING MEDICAL RECORDS, CHEMICAL DEPENDENCY RECORDS, AND MENTAL HEALTH
RECORDS, SHALL BE CONFIDENTIAL, ARE NOT
PUBLIC RECORDS FOR THE PURPOSES OF SECTION 149.43 of the Revised Code, AND ARE NOT
SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS EVIDENCE IN ANY JUDICIAL
PROCEEDING.
THE PROGRAM COORDINATOR SHALL MAINTAIN ALL
RECORDS AS DIRECTED BY THE BOARD.
(D) THE MONITORING PROGRAM'S COORDINATOR MAY DISCLOSE
RECORDS OR INFORMATION REGARDING AN INDIVIDUAL'S PROGRESS AND STATUS OF
PARTICIPATION IN
THE PROGRAM TO THE
DISCIPLINARY SECTION OF THE BOARD AND TO ANY PERSON OR
GOVERNMENT ENTITY THAT THE PROGRAM PARTICIPANT AUTHORIZES IN
WRITING TO BE GIVEN THE RECORDS OR INFORMATION.
IN DISCLOSING RECORDS OR INFORMATION UNDER THIS DIVISION, THE
COORDINATOR SHALL NOT INCLUDE ANY RECORD OR INFORMATION THAT IS
PROTECTED UNDER SECTION 3793.13 of the Revised Code OR ANY
FEDERAL
STATUTE OR REGULATION THAT PROVIDES FOR THE CONFIDENTIALITY OF MENTAL HEALTH
OR SUBSTANCE ABUSE
RECORDS.
(E) IN THE ABSENCE OF FRAUD OR BAD FAITH, THE MONITORING
PROGRAM'S COORDINATOR, THE BOARD AND THE BOARD'S EMPLOYEES AND
REPRESENTATIVES ARE NOT
LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS A RESULT OF DISCLOSING RECORDS OR
INFORMATION IN
ACCORDANCE WITH DIVISION (D) OF THIS SECTION. IN THE ABSENCE OF
FRAUD OR BAD FAITH, ANY PERSON
REPORTING TO THE PROGRAM AN INDIVIDUAL'S CHEMICAL
DEPENDENCY OR MENTAL ILLNESS, OR THE
PROGRESS OR LACK OF PROGRESS OF THAT INDIVIDUAL WITH
REGARD TO TREATMENT, IS NOT LIABLE FOR
DAMAGES IN ANY CIVIL ACTION AS A
RESULT OF THE REPORT.
(F) THE BOARD MAY ABSTAIN FROM TAKING FORMAL DISCIPLINARY ACTION
UNDER SECTION 4734.31 of the Revised Code AGAINST AN INDIVIDUAL
BECAUSE OF THE INDIVIDUAL'S CHEMICAL DEPENDENCY OR MENTAL ILLNESS, IF THE
INDIVIDUAL MEETS THE ELIGIBILITY REQUIREMENTS FOR ADMISSION INTO THE
MONITORING PROGRAM AND ALL OF THE
FOLLOWING OCCUR:
(1) THE INDIVIDUAL ENTERS INTO A MONITORING AGREEMENT WITH THE
COORDINATOR OF THE PROGRAM;
(2) THE INDIVIDUAL COMPLIES WITH THE TERMS AND CONDITIONS FOR
CONTINUED PARTICIPATION IN THE PROGRAM, AS SPECIFIED IN THE
MONITORING AGREEMENT;
(3) THE INDIVIDUAL SUCCESSFULLY COMPLETES THE TERMS AND
CONDITIONS OF THE MONITORING AGREEMENT, INCLUDING THE CONDITION THAT
THE INDIVIDUAL ATTAIN THE ABILITY TO PRACTICE IN ACCORDANCE WITH
ACCEPTABLE AND PREVAILING STANDARDS OF CARE APPLICABLE TO THE
PRACTICE OF CHIROPRACTIC.
Sec. 4734.42. PURSUANT TO THE STATE CHIROPRACTIC BOARD'S INVESTIGATIVE
AUTHORITY ESTABLISHED UNDER THIS CHAPTER, THE BOARD SHALL DEVELOP AND
IMPLEMENT
A QUALITY INTERVENTION PROGRAM DESIGNED TO IMPROVE THE PRACTICE AND
COMMUNICATION SKILLS OF
INDIVIDUALS AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER THIS CHAPTER. IN
DEVELOPING AND IMPLEMENTING THE QUALITY INTERVENTION PROGRAM, THE BOARD SHALL
DO ALL OF THE FOLLOWING:
(A) OFFER IN APPROPRIATE CASES AS DETERMINED BY THE BOARD AN
EDUCATIONAL AND ASSESSMENT PROGRAM PURSUANT TO AN INVESTIGATION THE BOARD
CONDUCTS UNDER THIS SECTION;
(B) SELECT PROVIDERS OF EDUCATIONAL AND ASSESSMENT SERVICES,
INCLUDING A QUALITY INTERVENTION PROGRAM PANEL OF CASE REVIEWERS;
(C) 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 EDUCATION PROGRAM;
(D) DETERMINE WHAT CONSTITUTES SUCCESSFUL COMPLETION OF AN
INDIVIDUAL EDUCATION PROGRAM AND REQUIRE FURTHER MONITORING OF THE INDIVIDUAL
WHO COMPLETED THE PROGRAM OR OTHER ACTION THE BOARD DETERMINES TO BE
APPROPRIATE;
(E) ADOPT RULES IN
ACCORDANCE WITH CHAPTER 119. of the Revised Code ESTABLISHING STANDARDS AND
PROCEDURES FOR IMPLEMENTING THE QUALITY INTERVENTION PROGRAM.
Sec. 4734.14 4734.45. If any person makes an accusation
against any licensee under
this section, it shall be reduced to writing, verified by some person familiar
with the facts and three copies filed with the secretary of the
(A) THE STATE chiropractic examining board. If the
board considers the charges made are sufficient, if
true, to warrant suspension or revocation of license, it shall proceed with an
adjudication hearing under the procedures of Chapter 119.
SHALL INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT A PERSON
HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT. ANY
PERSON MAY REPORT TO THE BOARD IN WRITING OR BY OTHER MEANS ANY INFORMATION
THE
PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF
THIS CHAPTER OR THE RULES ADOPTED UNDER IT. IN THE ABSENCE OF BAD FAITH, A
PERSON
WHO REPORTS TO THE BOARD, COOPERATES IN AN INVESTIGATION, OR TESTIFIES
BEFORE THE BOARD IN AN
ADJUDICATION SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A
RESULT OF REPORTING, COOPERATING, OR PROVIDING TESTIMONY.
(B) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY
CIVIL ACTION, EXCEPT THAT FOR GOOD CAUSE, THE BOARD OR ITS EXECUTIVE
DIRECTOR MAY DISCLOSE OR AUTHORIZE DISCLOSURE OF INFORMATION
GATHERED PURSUANT TO AN INVESTIGATION.
THE BOARD AND ITS
EMPLOYEES MAY SHARE APPROPRIATE INFORMATION IN THE BOARD'S
POSSESSION WITH ANY FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT,
PROSECUTORIAL, OR REGULATORY AGENCY OR ITS OFFICERS OR AGENTS ENGAGING IN AN
INVESTIGATION. THE BOARD
AND ITS EMPLOYEES MAY COOPERATE IN ANY OTHER MANNER WITH THE
AGENCY OR ITS OFFICERS OR AGENTS ENGAGING IN AN INVESTIGATION.
AN AGENCY THAT RECEIVES CONFIDENTIAL INFORMATION SHALL COMPLY WITH THE SAME
REQUIREMENTS REGARDING CONFIDENTIALITY AS THOSE WITH WHICH THE BOARD MUST
COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION of the Revised Code OR PROCEDURE
OF THE AGENCY THAT APPLIES WHEN THE 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, OR IN AN ADMINISTRATIVE HEARING
CONDUCTED BY AN AGENCY, BUT THE COURT OR AGENCY SHALL REQUIRE
THAT APPROPRIATE MEASURES BE TAKEN TO ENSURE THAT
CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF THE INFORMATION THAT
CONTAINS NAMES OR OTHER IDENTIFYING INFORMATION ABOUT PATIENTS, COMPLAINANTS,
OR OTHERS WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE CHIROPRACTIC BOARD
WHEN THE
INFORMATION WAS IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY
THAT MAY BE TAKEN BY THE COURT OR AGENCY INCLUDE SEALING ITS RECORDS OR
REDACTING SPECIFIC INFORMATION
FROM ITS RECORDS.
(C) ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE
CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251
of the Revised Code.
Sec. 4734.13 4734.46. Any investigation, inquiry, or
hearing, which
ALL OF THE FOLLOWING APPLY TO THE INVESTIGATIONS, INQUIRIES, AND
HEARINGS
THAT the STATE chiropractic
examining board is empowered to hold or undertake:
(A) AN INVESTIGATION, INQUIRY, OR HEARING may be held or
undertaken by
or before any member of the board, and the finding.
(B) THE BOARD MAY APPOINT AN EXAMINER WHO IS AN ATTORNEY TO
CONDUCT
AN INVESTIGATION, INQUIRY, OR HEARING.
THE
FINDINGS or order of such THE HEARING EXAMINER OR A member
WHO HOLDS OR UNDERTAKES AN INVESTIGATION, INQUIRY, OR HEARING
shall be deemed to be the FINDINGS OR order of the board when approved
and confirmed by
it.
(C) THE BOARD SHALL
ADOPT STANDARDS OF CONDUCT FOR THE ATTORNEYS AND OTHER
PERSONS WHO PRACTICE BEFORE THE BOARD AT ITS HEARINGS.
(D) FOLLOWING AN INQUIRY, THE BOARD
MAY, IN CASES IT
CONSIDERS APPROPRIATE, ISSUE A "LETTER OF ADMONITION" OR A
"LETTER OF CAUTION." ISSUANCE OF A LETTER UNDER THIS DIVISION
IS NOT AN ACTION TAKEN IN ADDITION TO OR IN LIEU OF TAKING
ACTION UNDER SECTION 4734.31 OF THE REVISED CODE
AND IS NOT SUBJECT TO AN ADJUDICATION UNDER CHAPTER 119.
OF THE REVISED CODE. THE LETTER SHALL NOT BE USED
BY AN EMPLOYER, INSURER, OR ANY OTHER PERSON OR GOVERNMENT ENTITY
AS THE BASIS OF AN ADVERSE ACTION AGAINST THE RECIPIENT.
Sec. 4734.15 4734.47. (A) The secretary
EXECUTIVE
DIRECTOR of the STATE chiropractic examining board shall
FUNCTION AS THE CHIEF ENFORCEMENT OFFICER OF THE BOARD AND SHALL
enforce
the laws relating to the practice of chiropractic. If he THE
EXECUTIVE DIRECTOR has knowledge or
notice of a violation OF THOSE LAWS, he THE EXECUTIVE
DIRECTOR shall
investigate the
matter, and, upon OR CAUSE THE MATTER TO BE INVESTIGATED. ON
probable
cause appearing, THE EXECUTIVE DIRECTOR SHALL PROSECUTE THE OFFENDER OR
CAUSE THE OFFENDER TO BE PROSECUTED. IF THE MATTER INVOLVES A VIOLATION BY AN
INDIVIDUAL LICENSED UNDER THIS CHAPTER, THE EXECUTIVE DIRECTOR SHALL BRING THE
MATTER BEFORE THE BOARD. IF THE MATTER INVOLVES A VIOLATION FOR WHICH A
PENALTY MAY BE IMPOSED UNDER SECTION 4734.99 OF THE REVISED
CODE, THE EXECUTIVE DIRECTOR OR A PERSON AUTHORIZED BY THE BOARD TO
REPRESENT THE EXECUTIVE DIRECTOR MAY file a complaint and prosecute the
offender. When requested
by the secretary, WITH the prosecuting attorney of the proper
county. EXCEPT AS PROVIDED IN DIVISION (B) OF THIS
SECTION, THE PROSECUTING ATTORNEY shall take
charge of and conduct such THE prosecution.
(B) FOR PURPOSES OF ENFORCING THIS CHAPTER,
THE BOARD MAY PETITION A
COURT OF RECORD TO APPOINT AN ATTORNEY
TO ASSIST THE PROSECUTING ATTORNEY IN THE PROSECUTION OF
OFFENDERS OR TO TAKE CHARGE OF AND CONDUCT THE
PROSECUTIONS AS A SPECIAL PROSECUTOR. THE COURT SHALL GRANT THE
PETITION IF IT IS IN THE PUBLIC INTEREST. A SPECIAL
PROSECUTOR APPOINTED BY THE COURT SHALL BE COMPENSATED BY THE BOARD IN AN
AMOUNT APPROVED BY THE BOARD.
IF THE COURT BELIEVES THAT PUBLIC KNOWLEDGE OF THE APPOINTMENT OF
A SPECIAL PROSECUTOR COULD ALLOW ONE OR MORE PERSONS TO INTERFERE WITH THE
PROSECUTION OR ANY INVESTIGATION RELATED TO THE PROSECUTION, THE
COURT MAY SEAL ALL DOCUMENTS PERTAINING TO THE APPOINTMENT.
SEALED DOCUMENTS SHALL REMAIN SEALED UNTIL THERE IS COURT ACTION
ON THE PROSECUTION OR UNTIL THE COURT ORDERS THE DOCUMENTS TO BE
OPENED.
Sec. 4734.48. (A) FOR PURPOSES OF ENFORCING THIS CHAPTER, THE
STATE
CHIROPRACTIC BOARD OR ANY
OF ITS MEMBERS, THE BOARD'S EXECUTIVE DIRECTOR, AND ANY PERSON AUTHORIZED
BY THE BOARD TO SERVE AS THE EXECUTIVE DIRECTOR'S REPRESENTATIVE
MAY DO ANY OF THE FOLLOWING:
(1) SERVE AND EXECUTE ANY PROCESS ISSUED BY ANY COURT
REGARDING THE PRACTICE OF CHIROPRACTIC AND SERVE AND EXECUTE ANY PAPERS OR
PROCESS ISSUED BY THE BOARD
OR ANY OFFICER OR MEMBER OF THE BOARD;
(2) ADMINISTER OATHS, PROPOUND INTERROGATORIES, ORDER THE TAKING
OF DEPOSITIONS, COMPEL BY SUBPOENA THAT
WITNESSES APPEAR AND TESTIFY,
AND COMPEL BY SUBPOENA DUCES TECUM THE
PRODUCTION OF BOOKS, ACCOUNTS, PAPERS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE
OBJECTS. IF A PERSON FAILS TO COOPERATE IN AN INTERROGATORY OR DEPOSITION OR
FAILS TO COMPLY WITH A SUBPOENA OR
SUBPOENA DUCES TECUM, THE BOARD MAY APPLY TO THE
COURT OF COMMON PLEAS OF FRANKLIN COUNTY FOR AN ORDER COMPELLING
THE PERSON TO COOPERATE IN THE INTERROGATORY OR DEPOSITION OR TO COMPLY WITH
THE SUBPOENA OR SUBPOENA DUCES TECUM
OR, FOR FAILURE TO DO SO, BE HELD IN CONTEMPT OF COURT. THE BOARD SHALL ADOPT
RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code ESTABLISHING PROCEDURES TO
BE FOLLOWED IN TAKING THE ACTIONS AUTHORIZED UNDER DIVISION (A)(2) OF
THIS SECTION, INCLUDING PROCEDURES REGARDING PAYMENT FOR AND SERVICE OF
SUBPOENAS.
(3) FILE WITH A JUDGE OR CLERK OF A COURT OF RECORD, OR WITH
A MAGISTRATE, AN AFFIDAVIT CHARGING A PERSON WITH COMMITTING A
VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE RULES ADOPTED
UNDER IT. FOR PURPOSES OF THIS DIVISION, THE PERSON FILING THE
AFFIDAVIT IS A PEACE OFFICER WHO IS AUTHORIZED TO FILE AN
AFFIDAVIT UNDER SECTION 2935.09 OF THE REVISED
CODE.
(B) ANY PROCESS, PAPER, OR OTHER DOCUMENT SERVED
UNDER THIS CHAPTER BY THE BOARD, A BOARD MEMBER, THE EXECUTIVE
DIRECTOR, OR AN AUTHORIZED REPRESENTATIVE OF THE EXECUTIVE
DIRECTOR MAY BE SERVED BY PERSONAL SERVICE, RESIDENCE SERVICE,
OR CERTIFIED MAIL. SERVICE MAY BE MADE AT THE INTENDED
RECIPIENT'S USUAL PLACE OF BUSINESS.
IF ATTEMPTS AT SERVICE BY PERSONAL SERVICE, RESIDENCE
SERVICE, OR CERTIFIED MAIL ARE UNSUCCESSFUL, SERVICE MAY BE MADE
AS FOLLOWS:
(1) BY ORDINARY MAIL. IF THE PROCESS, PAPER, OR OTHER
DOCUMENT THAT IS MAILED IS NOT RETURNED BY THE UNITED
STATES POSTAL SERVICE, SERVICE ON THE INTENDED RECIPIENT
IS DEEMED TO HAVE OCCURRED ON THE TENTH DAY AFTER THE MAILING.
(2) BY PUBLICATION OF A NOTICE IN ANY NEWSPAPER OF GENERAL
CIRCULATION IN THE COUNTY IN WHICH THE INTENDED RECIPIENT'S LAST
KNOWN RESIDENTIAL OR BUSINESS ADDRESS IS LOCATED.
Sec. 4734.49. (A) THE
ATTORNEY GENERAL, THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH
A VIOLATION OF THIS CHAPTER IS COMMITTED OR IS THREATENED TO BE
COMMITTED OR
IN WHICH THE OFFENDER RESIDES, THE STATE CHIROPRACTIC BOARD, OR ANY OTHER
PERSON HAVING KNOWLEDGE OF A PERSON
COMMITTING OR THREATENING TO COMMIT A VIOLATION OF THIS CHAPTER MAY,
IN ACCORDANCE WITH THE PROVISIONS OF THE REVISED CODE
GOVERNING INJUNCTIONS, MAINTAIN AN ACTION IN THE NAME OF THIS
STATE TO ENJOIN THE PERSON FROM COMMITTING THE VIOLATION BY
APPLYING FOR AN INJUNCTION IN ANY COURT OF COMPETENT
JURISDICTION.
UPON THE FILING OF A VERIFIED PETITION IN COURT, THE COURT
SHALL CONDUCT A HEARING ON THE PETITION AND SHALL GIVE THE SAME
PREFERENCE TO THIS PROCEEDING AS IS GIVEN ALL PROCEEDINGS UNDER
CHAPTER
119. OF THE REVISED CODE, IRRESPECTIVE OF THE
POSITION OF THE PROCEEDING ON THE CALENDAR OF THE COURT.
IF THE COURT GRANTS A FINAL OR PERMANENT INJUNCTION THAT IS A FINAL
APPEALABLE ORDER, THE COURT MAY AWARD TO THE PERSON
OR ENTITY THAT MAINTAINED THE ACTION AN AMOUNT NOT EXCEEDING FIVE THOUSAND
DOLLARS TO COVER REASONABLE
ATTORNEY'S FEES, INVESTIGATIVE COSTS, AND OTHER COSTS RELATED TO
THE INVESTIGATION OR PROSECUTION OF THE CASE.
INJUNCTION PROCEEDINGS BROUGHT UNDER THIS SECTION SHALL BE IN ADDITION TO,
AND
NOT IN LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN
THIS CHAPTER.
(B) THE PRACTICE OF
CHIROPRACTIC BY ANY PERSON NOT AT THAT
TIME
HOLDING A
VALID
AND CURRENT LICENSE ISSUED UNDER THIS CHAPTER
IS HEREBY DECLARED TO BE INIMICAL TO
THE PUBLIC WELFARE AND TO CONSTITUTE A PUBLIC NUISANCE.
Sec. 4734.50. THIS CHAPTER DOES NOT REQUIRE THE STATE CHIROPRACTIC BOARD
TO ACT ON MINOR VIOLATIONS OF THIS
CHAPTER OR THE RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY
INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES THAT THE
PUBLIC INTEREST IS ADEQUATELY SERVED BY ISSUING A NOTICE OR WARNING TO THE
ALLEGED OFFENDER.
Sec. 4734.16 4734.53. All fines collected for violation of
section 4734.17 4734.14 OR 4734.161 of the
Revised Code, shall be distributed as follows: one half to the
STATE chiropractic
examining board for deposit into the state treasury to the credit of
the
occupational licensing and regulatory fund, IN ACCORDANCE WITH SECTION
4734.54 of the Revised Code and
one half to the treasury of the county or municipal
corporation in which the offense was committed.
Sec. 4734.18 4734.54. All moneys received by the STATE
chiropractic examining board shall
be
paid into the state treasury and credited to the occupational licensing and
regulatory fund.
MONEYS CREDITED TO THE FUND THAT ARE THE RESULT OF FINES COLLECTED UNDER
SECTION 4734.53, FINES COLLECTED UNDER SECTION 4734.31,
AND AMOUNTS AWARDED UNDER SECTION 4734.49
of the Revised Code SHALL BE USED SOLELY FOR PURPOSES RELATED TO THE
BOARD'S ENFORCEMENT OF THIS CHAPTER. MONEYS CREDITED TO THE FUND THAT ARE
THE RESULT OF ANY FEE CHARGED UNDER SECTION 4734.21 of the Revised Code SHALL BE USED SOLELY
FOR PURPOSES RELATED TO IMPLEMENTING THAT SECTION.
Sec. 4734.21 4734.55. The STATE chiropractic
examining board shall
provide a duplicate license to a license holder
on payment of a
fee of ninety FORTY-FIVE dollars.
Upon written request and the payment of a fee of one
hundred seventy-five NINETY-FIVE dollars, the board shall provide
to any
person a list of persons holding
licenses to practice
chiropractic, AS INDICATED IN ITS REGISTER MAINTAINED PURSUANT TO
SECTION 4734.04 of the Revised Code.
The board shall maintain separate lists of the applicants
taking each examination conducted under section 4734.05 of the
Revised Code and of those who passed each examination. Upon
written request and the payment of a fee of twenty-five dollars,
the board shall provide to any person a copy of the list of
applicants taking an examination or the list of those who passed
the examination.
Upon written request from the licensee
and the payment of a
fee of twenty dollars, the board shall issue certification of
licensure information to the person identified by the licensee.
Sec. 4734.20 4734.56. The STATE chiropractic
examining board, subject to the approval of
the
controlling board, may establish fees in excess of the amounts provided by
sections 4734.01 to 4734.99 of the Revised Code SPECIFIED IN THIS
CHAPTER, provided that such fees do
not
exceed the amounts permitted by those sections SPECIFIED by more
than fifty per cent.
Sec. 4734.99. (A) Whoever violates section 4734.17 4734.14
of the Revised
Code is guilty of a misdemeanor FELONY of the second
FIFTH degree on a first offense and a
felony of the fifth degree on, UNLESS THE OFFENDER PREVIOUSLY
HAS BEEN CONVICTED OF
OR HAS PLEADED GUILTY TO A VIOLATION OF SECTION 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.40, 2913.47, 2913.48, 2913.51, 2921.13,
4715.09, 4723.03, 4725.02, 4725.41, 4729.27, 4729.28, 4729.36, 4729.51,
4729.61, 4730.02, 4731.41, 4731.43, 4731.46, 4731.47, 4731.60, 4732.21,
4741.18, 4741.19, 4755.48, 4757.02, 4759.02, 4761.10, OR 4773.02 of the Revised Code
OR AN OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE,
ANOTHER STATE, OR THE UNITED STATES THAT IS OR WAS
SUBSTANTIALLY EQUIVALENT TO A VIOLATION OF ANY OF THOSE SECTIONS,
IN WHICH CASE
THE OFFENDER IS GUILTY OF A FELONY OF THE FOURTH DEGREE. FOR each
subsequent
offense, THE OFFENDER IS GUILTY OF A FELONY OF THE FOURTH DEGREE.
(B) Whoever violates section 4734.23 4734.161 of the Revised
Code is guilty of a
misdemeanor of the first degree.
(C) WHOEVER VIOLATES DIVISION (A),
(B), (C), OR (D) OF SECTION 4734.32 of the Revised Code IS GUILTY
OF A MINOR MISDEMEANOR
ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE PERSON IS
GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT THAT AN
INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE SUBJECT TO
IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE THOUSAND DOLLARS
FOR EACH OFFENSE.
Sec. 4755.65. (A) Nothing in sections 4755.61 to 4755.64
of the Revised Code shall be construed to prevent or restrict the
practice, services, or activities of any person who:
(1) Is an individual
authorized under Chapter 4731. of the Revised Code to practice
medicine
and surgery, osteopathic medicine and surgery, or podiatry, a dentist
licensed under
Chapter 4715. of the Revised Code, a chiropractor
licensed under
Chapter 4734. of the Revised Code, a dietitian licensed under
Chapter 4759. of the Revised Code, or a qualified member of any
other occupation or profession practicing within the scope of
the person's license or profession and who does not claim to the
public to be an athletic trainer;
(2) Is employed as an athletic trainer by an agency of the
United States government and provides athletic training solely
under the direction or control of the agency by which the
person is
employed;
(3) Is a student in a board-approved athletic training
education program leading to a baccalaureate or higher degree
from an accredited college or university and is performing duties
that are a part of a supervised course of study;
(4) Is a nonresident of this state practicing or offering
to practice athletic training, if the nonresident offers athletic training
services for not more than ninety calendar days per year or, with board
approval, for more than ninety but not more than one hundred eighty calendar
days per year and meets either of the following requirements:
(a) The nonresident qualifies for licensure under section
4755.62 of the Revised Code, except for passage of the
examination required under division (C)(7) of that section;
(b) The nonresident holds a valid license issued by a
state that has licensure requirements considered by the athletic
trainers section of the Ohio occupational therapy, physical
therapy, and athletic trainers board to be comparable to those of
this state.
(5) Provides athletic training only to relatives or in
medical emergencies;
(6) Provides gratuitous care to friends or members of
the person's family;
(7) Provides only self-care.
(B) Nothing in this chapter shall be construed to prevent
any person licensed under Chapter 4723. of the Revised Code and
whose license is in good standing, any person authorized under Chapter
4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery and
whose certificate to practice is in good standing, any
person authorized under Chapter 4731. of the Revised
Code to practice podiatry and whose certificate to
practice is in good standing, any person licensed and registered
under Chapter 4734. of the Revised Code to practice chiropractic
and whose license is in good standing, any person
licensed as a dietitian under Chapter 4759. of the Revised Code
to practice dietetics and whose license is in good standing, any
person licensed as a physical therapist under this chapter to
practice physical therapy and whose license is in good standing,
or any association, corporation, or partnership from advertising,
describing, or offering to provide athletic training, or billing
for athletic training if the athletic training services are
provided by a person licensed under this chapter and practicing
within the scope of the person's license, by a person
licensed under
Chapter 4723. of the Revised Code and practicing within the scope
of the person's license, by a person
authorized under Chapter 4731. of the
Revised Code to practice podiatry, by a person authorized under Chapter
4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery, by a
person licensed under Chapter 4734. of the Revised Code to
practice chiropractic, or by a person licensed under
Chapter 4759. of the Revised Code to practice dietetics.
(C) Nothing in this chapter shall be construed as
authorizing a licensed athletic trainer to practice medicine and
surgery, osteopathic medicine and surgery, podiatry, or
chiropractic.
Sec. 4779.16. The state board of orthotics, prosthetics, and
pedorthics shall issue a license under section 4779.09 of the Revised Code to
practice orthotics, prosthetics,
orthotics and prosthetics, or pedorthics without examination to an applicant
who meets the requirements of divisions (A) and (B) of this
section:
(A) Not later than one hundred eighty days after the effective
date of this section JULY 27, 2001, applies to
the board in accordance with section 4779.09 of the
Revised Code;
(B)(1) In the case of an applicant for a license to practice
orthotics, is actively practicing or teaching
orthotics on the effective date of this section OCTOBER
27, 2000, and complies with division
(B)(2)(a) or (b) of this section:
(a) The applicant meets all of the following requirements:
(i) Holds a bachelor's degree or higher from a
nationally accredited college or university in the United
States;
(ii) Has completed a certificate program in
orthotics approved by the board under section 4779.26 of the
Revised Code;
(iii) Is certified in orthotics by the American board
for certification in orthotics and prosthetics, the board of
orthotist/prosthetist certification, or an equivalent successor
organization recognized by the board;
(iv) Has completed a residency program approved by the board
under section 4779.27 of the Revised Code.
(b) The individual meets both of the following requirements:
(i) Has a minimum of three years of documented,
full-time experience practicing or teaching orthotics;
(ii) Has passed the certification examination in
orthotics developed by the American board of certification in
orthotics and prosthetics, the board of orthotist/prosthetist certification,
or an
equivalent organization recognized by the board.
(2) In the case of an applicant for a license to practice
prosthetics, is actively practicing or teaching
prosthetics on the effective date of this section
OCTOBER 27, 2000, and complies with division
(B)(2)(a) or (b) of this section:
(a) The applicant meets all of the following requirements:
(i) Holds a bachelor's degree or higher from a
nationally accredited college or university in the United
States;
(ii) Has completed a certificate program in
prosthetics approved by the board under section 4779.26 of the
Revised Code;
(iii) Is certified in prosthetics by the American board
for certification in orthotics and prosthetics, the board of
orthotist/prosthetist certification, or an equivalent successor
organization recognized by the board;
(iv) Has completed a residency program approved by the board
under section 4779.27 of the Revised Code.
(b) The applicant meets both of the following requirements:
(i) Has a minimum of three years of documented,
full-time experience practicing or teaching prosthetics;
(ii) Has passed the certification examination in
prosthetics of the American board of certification in orthotics and
prosthetics, the board of orthotist/prosthetist certification, or an
equivalent organization recognized by the board.
(3) In the case of an applicant for a license to practice
orthotics and prosthetics, the applicant complies with division
(B)(3)(a) or (b) of this section:
(a) The applicant meets all of the following requirements:
(i) Holds a bachelor's degree or higher from an
accredited college or university in the United States;
(ii) Has completed a certificate program in
orthotics and prosthetics approved by the board under section 4779.26 of
the Revised Code;
(iii) Has completed a residency program in
orthotics and prosthetics approved under section 4779.27 of the
Revised Code;
(iv) Is certified in orthotics and prosthetics by the
American board for
certification in orthotics and prosthetics, the board of
orthotist/prosthetist certification, or an equivalent successor
organization recognized by the board;
(b) The applicant meets both of the following requirements:
(i) Has a minimum of six years of documented,
full-time experience practicing or teaching orthotics and
prosthetics;
(ii) Has passed the orthotics and prosthetics
certification examination requirements of the American board for
certification
in orthotics and prosthetics, the board of orthotist/prosthetist
certification, or an equivalent organization recognized by the
board.
(4) In the case of an applicant for a license to practice
pedorthics, is actively practicing or teaching pedorthics
on the effective date of this section OCTOBER 27,
2000, and is certified in pedorthics by the
board for certification in pedorthics.
Sec. 5903.12. (A) As used in this section:
(1) "Continuing education" means continuing education
required of a licensee by law and includes, but is not limited
to, the continuing education required of licensees under sections
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,
4725.16, 4725.51, 4731.281, 4734.25, 4735.141, 4736.11,
4741.16, 4741.19,
4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and
4763.07 of the Revised Code.
(2) "License" means a license, certificate, permit, or
other authorization issued or conferred by a licensing agency
under which a licensee may engage in a profession, occupation, or
occupational activity.
(3) "Licensee" means a person to whom all of the following
apply:
(a) The person has been issued a license by a licensing
agency.
(b) The person is a member of the Ohio national guard, the Ohio
military reserve, the Ohio naval militia, or a reserve component
of the armed forces of the United States.
(c) The person has been called to active duty, whether
inside or
outside the United States, because of an executive order issued
by the president of the United States or an act of congress, for
a period in excess of thirty-one days.
(4) "Licensing agency" means any state department,
division, board, commission, agency, or other state governmental
unit authorized by the Revised Code to issue a license.
(5) "Reporting period" means the period of time during
which a licensee must complete the number of hours of continuing
education required of the licensee by law.
(B) Each licensing agency, upon receiving an application
from one of its licensees that is accompanied by proper
documentation certifying that the licensee has been called to
active duty
as described in division (A)(3)(c) of this section during the
current or a prior reporting period and certifying the length of
that active duty, shall extend the current reporting period by an
amount of time equal to the total number of months that the
licensee spent on active duty during the current reporting
period. For purposes of this division, any portion of a month
served on active duty shall be considered one full month.
Section 2. That existing sections 119.06, 119.12, 121.22, 125.22,
2317.02, 2929.24,
3701.74, 3719.12, 3719.121, 3729.40, 4734.01,
4734.02, 4734.03, 4734.04, 4734.05, 4734.06, 4734.07, 4734.08,
4734.09, 4734.091, 4734.10, 4734.101, 4734.11, 4734.12, 4734.13,
4734.14, 4734.15, 4734.16, 4734.17, 4734.18, 4734.19, 4734.20,
4734.21, 4734.22, 4734.23, 4734.99, 4755.65, 4779.16,
and 5903.12 of the Revised Code are hereby repealed.
Section 3. This act shall be known as the Patient Protection and Professional
Standards Act of 2000.
Section 4. Wherever the Chiropractic Examining Board or its
secretary are referred to in any law, contract, or other
document, the reference shall be deemed to refer to the State
Chiropractic Board or its executive director, whichever is
appropriate. No action or proceeding pending on the effective
date of this act is affected by the renaming of the Chiropractic
Examining Board and shall be prosecuted or defended in the name
of the State Chiropractic Board or its executive director.
Section 5. The authority this act grants to the State Chiropractic Board to
adopt rules under Chapter 4734. of the Revised Code shall not be construed to
allow the Board to prohibit or restrict commercial speech by time, place, or
medium of solicitation on behalf of chiropractors.
Section 6. The authority this act grants to the State Chiropractic
Board to take disciplinary action under section 4734.31 of the
Revised Code against a person who has been found eligible for
intervention in lieu of conviction extends to a person who, prior
to the effective date of Am. Sub. S.B. 107 of the 123rd General
Assembly, was found eligible for treatment in lieu of conviction.
Section 7. The amendment of section 4779.16 of the Revised Code is not
intended to supersede the earlier repeal, with delayed effective date, of that
section.
Section 8. Section 119.12 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 402 and Sub. H.B. 606 of the 122nd 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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