The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
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.
|