130th Ohio General Assembly
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As Reported by House Health, Retirement and Aging Committee

123rd General Assembly
Regular Session
1999-2000
Sub. H. B. No. 585

REPRESENTATIVES VESPER-HOLLISTER-O'BRIEN-CLANCY-KRUPINSKI- HARRIS-BARRETT-SMITH-ALLEN-BUEHRER-TERWILLEGER-SYKES-OLMAN


A BILL
To amend sections 4731.34, 4731.341, and 4731.36 of the Revised Code to specify that the practice of medicine in this state includes certain activities performed in person or through the use of any communication, including oral, written, or electronic communication, and to modify the exceptions to the law governing physician licensure.

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


Section 1. That sections 4731.34, 4731.341, and 4731.36 of the Revised Code be amended to read as follows:

Sec. 4731.34. (A) A person shall be regarded as practicing medicine, surgery, or podiatry, within the meaning of this chapter, who uses DOES ANY OF THE FOLLOWING:

(1) USES the words or letters, "Dr.," "Doctor," "Professor," "M.D.," "D.S.C.," "Pod. D.," "M.B. PHYSICIAN," "D.O.," "D.P.M.," or any other title in connection with the person's name that in any way THAT represents the person as engaged in the practice of medicine, AND surgery, OSTEOPATHIC MEDICINE AND SURGERY, or podiatry, in any of its branches, or who examines;

(2) ADVERTISES, SOLICITS, OR REPRESENTS IN ANY WAY THAT THE PERSON IS PRACTICING MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY, IN ANY OF ITS BRANCHES;

(3) IN PERSON OR, REGARDLESS OF THE PERSON'S LOCATION, THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, DOES ANY OF THE FOLLOWING:

(a) EXAMINES or diagnoses for compensation of any kind, or prescribes DIRECT OR INDIRECT;

(b) PRESCRIBES, advises, recommends, administers, or dispenses for compensation of any kind, direct or indirect, a drug or medicine, appliance, mold or cast, application, operation, or treatment, of whatever nature, for the cure or relief of a wound, fracture or bodily injury, infirmity, or disease, provided that the.

(B) THE treatment of human ills through prayer alone by a practitioner of the Christian Science church, in accordance with the tenets and creed of such church, shall not be regarded as the practice of medicine; and, provided further that sanitary and public health laws shall be complied with, no practices shall be used that may be dangerous or detrimental to life or health, and no person shall be denied the benefits of accepted medical and surgical practices.

(C) The use of any such words, letters, or titles in any connection or under any circumstances as to induce the belief that the person who uses them is engaged in the practice of medicine, AND SURGERY, OSTEOPATHIC MEDICINE AND surgery, or podiatry, IN ANY OF ITS BRANCHES, is prima-facie evidence of the intent of such person to represent the person as engaged in the practice of medicine, AND SURGERY, OSTEOPATHIC MEDICINE AND surgery, or podiatry, IN ANY OF ITS BRANCHES.

Sec. 4731.341. (A) The practice of medicine in all of its branches or the treatment of human ailments without the use of drugs or medicines and without operative surgery by any person not at that time holding a valid and current certificate as provided by Chapter 4723., 4725., or 4731. of the Revised Code is hereby declared to be inimical to the public welfare and to constitute a public nuisance. The

(B) THE attorney general, the prosecuting attorney of any county in which the offense was committed or the offender resides, the state medical board, or any other person having knowledge of a person engaged WHO either directly or by complicity IS in the practice of medicine without having first obtained a certificate to do so pursuant to such chapters VIOLATION OF DIVISION (A) OF THIS SECTION, may on or after January 1, 1969, in accord with provisions of the Revised Code governing injunctions, maintain an action in the name of the state to enjoin any person from engaging either directly or by complicity in the unlawful practice of medicine in all of its branches, or the treatment of human ailments without the use of drugs or medicines and without operative surgery, ACTIVITY by applying for an injunction in any THE FRANKLIN COUNTY court of competent jurisdiction COMMON PLEAS.

Prior to application for such injunction, the secretary of the state medical board shall notify the person allegedly engaged either directly or by complicity in the unlawful practice of medicine or any of its branches ACTIVITY by registered mail that the secretary has received information indicating that this person is so engaged. Said person shall answer the secretary within thirty days showing that the person is either properly licensed for the stated activity or that the person is not in violation of Chapter 4723. or 4731. of the Revised Code. If the answer is not forthcoming within thirty days after notice by the secretary, the secretary shall request that the attorney general, the prosecuting attorney of the county in which the offense was committed or the offender resides, or the state medical board proceed as authorized in this section.

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.

Such injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in Chapters 4723. and 4731. of the Revised Code.

Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the Revised Code shall not prohibit service in case of emergency, or domestic administration of family remedies. Such sections

SECTIONS 4731.01 TO 4731.47 of the Revised Code shall not apply to a ANY OF THE FOLLOWING:

(1) A commissioned medical officer of the United States army, navy, or marine hospital service ARMED FORCES, AS DEFINED IN SECTION 5903.11 of the Revised Code, OR AN EMPLOYEE OF THE VETERANS ADMINISTRATION OF THE UNITED STATES OR THE UNITED STATES PUBLIC HEALTH SERVICE in the discharge of his THE OFFICER'S OR EMPLOYEE'S professional duties, or to a regularly qualified;

(2) A dentist AUTHORIZED UNDER CHAPTER 4715. of the Revised Code TO PRACTICE DENTISTRY when engaged exclusively in the practice of dentistry, or when administering anaesthetics, or to a ANESTHETICS IN THE PRACTICE OF DENTISTRY;

(3) A physician or surgeon residing in another state or territory who is a legal practitioner of medicine or surgery therein, when in PROVIDING consultation with a regular practitioner of this state; nor shall such sections apply to a AN INDIVIDUAL HOLDING A CERTIFICATE TO PRACTICE ISSUED UNDER THIS CHAPTER WHO IS RESPONSIBLE FOR THE EXAMINATION, DIAGNOSIS, AND TREATMENT OF THE PATIENT WHO IS THE SUBJECT OF THE CONSULTATION, IF ONE OF THE FOLLOWING APPLIES:

(a) THE PHYSICIAN OR SURGEON DOES NOT PROVIDE CONSULTATION IN THIS STATE ON A REGULAR OR FREQUENT BASIS.

(b) THE PHYSICIAN OR SURGEON PROVIDES THE CONSULTATION WITHOUT COMPENSATION OF ANY KIND, DIRECT OR INDIRECT, FOR THE CONSULTATION.

(c) THE CONSULTATION IS PART OF THE CURRICULUM OF A MEDICAL SCHOOL OR OSTEOPATHIC MEDICAL SCHOOL OF THIS STATE OR A PROGRAM DESCRIBED IN DIVISION (A)(2) OF SECTION 4731.291 of the Revised Code.

(4) A PHYSICIAN OR SURGEON IN ANOTHER STATE OR TERRITORY WHO IS A LEGAL PRACTITIONER OF MEDICINE OR SURGERY THEREIN AND PROVIDED SERVICES TO A PATIENT IN THAT STATE OR TERRITORY, WHEN PROVIDING, NOT LATER THAN ONE YEAR AFTER THE LAST DATE SERVICES WERE PROVIDED IN ANOTHER STATE OR TERRITORY, FOLLOW-UP SERVICES IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, IN THIS STATE TO THE PATIENT FOR THE SAME CONDITION;

(5) A physician or surgeon residing on the border of a neighboring CONTIGUOUS state and authorized under the laws thereof to practice medicine and surgery therein, whose practice extends within the limits of this state; provided equal rights and privileges are accorded by such neighboring state to the physicians and surgeons residing on the border of this state contiguous to such neighboring state. Such practitioner shall not EITHER IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, open an office or appoint a place to see patients or receive calls within the limits of this state.

(B)(6) A BOARD, COMMITTEE, OR CORPORATION ENGAGED IN THE CONDUCT DESCRIBED IN DIVISION (A) OF SECTION 2305.25 of the Revised Code WHEN ACTING WITHIN THE SCOPE OF THE FUNCTIONS OF THE BOARD, COMMITTEE, OR CORPORATION;

(7) THE CONDUCT OF AN INDEPENDENT REVIEW ORGANIZATION ACCREDITED BY THE SUPERINTENDENT OF INSURANCE UNDER SECTION 3901.80 OF THE REVISED CODE FOR THE PURPOSE OF EXTERNAL REVIEWS CONDUCTED UNDER SECTIONS 1751.84, 1751.85, 3923.67, 3923.68, 3923.76, AND 3923.77 OF THE REVISED CODE.

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

(C) THE EXEMPTIONS DESCRIBED IN DIVISIONS (B)(3), (4), AND (5) OF THIS SECTION DO NOT APPLY TO A PHYSICIAN OR SURGEON WHOSE CERTIFICATE TO PRACTICE ISSUED UNDER THIS CHAPTER IS UNDER SUSPENSION OR HAS BEEN REVOKED BY ACTION OF THE STATE MEDICAL BOARD.


Section 2. That existing sections 4731.34, 4731.341, and 4731.36 of the Revised Code are hereby repealed.


Section 3. The amendments made by this act to sections 4731.34, 4731.341, and 4731.36 of the Revised Code are not intended to modify division (D) of section 1751.08 of the Revised Code or Ohio Attorney General Opinion 99-044.
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