To amend section 4759.02 and to enact sections 4783.01 to 4783.06 of the Revised Code regarding the provision of complementary or alternative health care services.

Section 1. That section 4759.02 be amended and sections 4783.01, 4783.02, 4783.03, 4783.04, 4783.05, and 4783.06 of the Revised Code be enacted to read as follows:

Sec. 4759.02.  (A) Except as otherwise provided in this section or in section 4759.10 of the Revised Code, no person shall practice, offer to practice, or hold himself the person's self forth to practice dietetics unless he the person has been licensed under section 4759.06 of the Revised Code.

(B) Except for a licensed dietitian holding an inactive license who does not practice or offer to practice dietetics, or a person licensed under section 4759.06 of the Revised Code, or as otherwise provided in this section or in section 4759.10 of the Revised Code:

(1) No, no person shall use the title "dietitian"; and

(2) No person except for a person licensed under Chapters 4701. to 4755. of the Revised Code, when acting within the scope of their practice, shall use any other title, designation, words, letters, abbreviation, or insignia or combination of any title, designation, words, letters, abbreviation, or insignia tending to indicate that the person is practicing dietetics."

(C) Notwithstanding division (B) of this section, a person who is a dietitian registered by the commission on dietetic registration and who does not violate division (A) of this section may use the designation "registered dietitian" and the abbreviation "R.D."

(D) Division (A) of this section does not apply to:

(1) A student enrolled in an academic program that is in compliance with division (A)(5) of section 4759.06 of the Revised Code who is engaging in the practice of dietetics under the supervision of a dietitian licensed under section 4759.06 of the Revised Code or a dietitian registered by the commission on dietetic registration, as part of the academic program;

(2) A person participating in the pre-professional experience required by division (A)(6) of section 4759.06 of the Revised Code;

(3) A person holding a limited permit under division (F) of section 4759.06 of the Revised Code.

(E) Divisions (A) and (B) of this section do not apply to a person who performs no more than fifteen days of dietetic practice in the state and who meets at least one of the following requirements:

(1) The Ohio board of dietetics determines that he the person is licensed in another state with licensure requirements equivalent to or more stringent than those set forth in this chapter;

(2) He The person is a dietitian registered by the commission on dietetic registration and resides in another state that either has no dietitian licensure requirements or has licensure requirements less stringent than those set forth in this chapter.

Sec. 4783.01.  As used in this chapter:

(A) "Complementary or alternative health care practitioner" means an individual who provides complementary or alternative health care services to a client and who either is not a licensed health care professional or, if an individual is a licensed health care professional, the individual is not holding the individual's self out as a licensed health care professional when providing services.

(B) "Complementary or alternative health care services" means the broad domain of health care and healing practices that does not include any of the prohibited activities described in division (A) of section 4783.03 of the Revised Code and that may or may not be provided in addition to or in place of prevailing or conventional treatment options.

(C) "Dangerous drug," "drug," and "licensed health professional authorized to prescribe drugs" have the same meanings as in section 4729.01 of the Revised Code.

(D) "Homeopathic remedy" means any substance that is labeled as being homeopathic and to which either of the following applies:

(1) The substance is listed in the homeopathic pharmacopoeia of the United States or an addendum or supplement to it.

(2) The substance is defined as a drug under the federal "Food and Drug Cosmetic Act," 21 U.S.C. 321(g)(1)(A), and is regulated pursuant to that federal act.

(E) "Licensed health care professional" means an individual who holds a current, valid license or certificate issued under Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code.

(F) "Board" means the state dental board; board of nursing; state board of optometry; state board of pharmacy; state medical board; state board of psychology; state chiropractic board; Ohio occupational therapy, physical therapy, and athletic trainers board; Ohio board of dietetics; or state board of orthotics, prosthetics, and pedorthics.

Sec. 4783.02.  It is hereby declared to be the public policy of the state that the provision of complementary or alternative health care services enhances the health and welfare of the residents of this state.

Sec. 4783.03.  (A) No complementary or alternative health care practitioner shall do any of the following:

(1) Perform surgery or any other procedure that punctures the skin, except for pricking a finger for screening purposes;

(2) Perform any adjustment of the articulation of the joints or spine of any individual;

(3) Use or recommend any procedure involving ionizing radiation as defined in section 4773.01 of the Revised Code;

(4) Knowingly provide a medical diagnosis of a disease;

(5) Provide diagnosis or treatment of a physical or mental health condition of an individual knowing that the diagnosis or treatment directly poses to that individual a recognizable and imminent risk of significant and discernible physical or mental harm;

(6) Knowingly counsel any individual to disregard the instruction or counsel of a licensed health care professional;

(7) Knowingly counsel any individual to discontinue use of any dangerous drug, drug, or therapeutic device prescribed to the individual by a licensed health professional authorized to prescribe drugs;

(8) Administer or prescribe any dangerous drug except homeopathic remedies, device that requires a prescription from a licensed health professional authorized to prescribe drugs to obtain, or medical oxygen;

(9) Hold out, state, indicate, advertise, or otherwise imply to any person that the practitioner is licensed by this state to practice as a licensed health care professional unless the practitioner is licensed;

(10) Perform or provide enteral or parenteral nutrition;

(11) Promise a cure;

(12) Set a fracture of a bone;

(13) Provide or perform an abortion;

(14) Insert intrauterine devices;

(15) Provide complementary or alternative health care services to either of the following persons unless the practitioner has the consent of the person's parent or legal guardian:

(a) Any person who is less than eighteen years of age and who is not emancipated;

(b) Any person that the practitioner knows to be mentally incompetent.

(B) Notwithstanding any provision of the Revised Code to the contrary, a complementary or alternative health care practitioner may refer to the practitioner's self using a title or qualification conferred on the practitioner by virtue of degrees, training, experience, credentials, or other qualifications attained by the practitioner.

Sec. 4783.04.  A complementary or alternative health care practitioner shall do all of the following:

(A) Prior to providing complementary or alternative health care services to an individual for the first time, provide a plainly worded, written document to the recipient of the services that discloses all of the following information:

(1) The nature of the treatment to be provided;

(2) The degrees, training, experience, credentials, or other qualifications held by the practitioner with regard to the services to be provided;

(3) If the practitioner is not a licensed health care professional, the following statement, printed clearly in not less than eleven-point font, that reads verbatim:

"I AM NOT LICENSED BY THE STATE OF OHIO AS A HEALTH CARE PROFESSIONAL. I AM NOT A DOCTOR OR PHYSICIAN. THE STATE HAS NOT ADOPTED ANY EDUCATIONAL OR TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR ALTERNATIVE HEALTH CARE PRACTITIONERS."

(4) If the practitioner also is a licensed health care professional, the following statement, printed clearly in not less than eleven-point font, that reads:

"I HOLD THE FOLLOWING LICENSES AND CERTIFICATIONS ISSUED BY THE STATE OF OHIO: (list of licenses and certificates). HOWEVER, I AM PROVIDING MY SERVICES TO YOU AS A COMPLEMENTARY OR ALTERNATIVE HEALTH CARE PRACTITIONER AND I AM NOT PROVIDING SERVICES AS A LICENSED HEALTH CARE PROFESSIONAL. THE STATE HAS NOT ADOPTED ANY EDUCATION OR TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR ALTERNATIVE HEALTH CARE PRACTITIONERS."

(5) A statement that describes the following:

(a) Any agreement or other arrangement between the practitioner and another complementary or alternative health care practitioner or between the practitioner and a licensed health care professional whereby that practitioner derives a financial or other benefit;

(b) The nature of any benefit resulting from an agreement or arrangement described in division (A)(5)(a) of this section.

(B) Obtain from the recipient of the services a written acknowledgment that the recipient has been provided a document disclosing all the information required to be disclosed pursuant to division (A) of this section;

(C) Provide the recipient of the services with a copy of the acknowledgment described in division (B) of this section;

(D) Maintain the acknowledgment described in division (B) of this section from every recipient of the practitioner's services for at least two years after the date that a recipient receives services from the practitioner for the final time.

Sec. 4783.05. (A) Notwithstanding any provision of the Revised Code to the contrary, a complementary or alternative health care practitioner is not considered to have violated a provision of this chapter or Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code unless the individual commits an act described in division (A) of section 4783.03 of the Revised Code or fails to comply with section 4783.04 of the Revised Code.

(B) A board that receives a complaint against a practitioner shall do both of the following:

(1) If the board determines that the subject matter of the complaint falls under the jurisdiction of another board, refer the complaint to the appropriate board.

(2) If the board determines that the subject matter of the complaint falls under the board's jurisdiction, conduct a preliminary investigation of the complaint to determine whether the practitioner who is the subject of the complaint violated division (A) of section 4783.03 or failed to comply with section 4783.04 of the Revised Code.

(C) If the preliminary investigation conducted by a board pursuant to division (B) of this section reveals no significant evidence that a violation or failure to comply occurred, the board shall not pursue the matter further.

(D) If the preliminary investigation conducted by a board pursuant to division (B) of this section regarding an alleged violation of section 4783.04 of the Revised Code by a practitioner reveals significant evidence that a practitioner has violated that section, the board shall notify the practitioner of the finding of the board and request the practitioner to comply with the requirements specified in that section.

(E) If the preliminary investigation conducted by a board pursuant to division (B) of this section regarding an alleged violation of section 4783.03 of the Revised Code by a practitioner reveals significant evidence that the practitioner has engaged in an activity specified in that section, or if a practitioner fails to comply with a board's request issued under division (D) of this section, the board shall address the matter in the same manner the board addresses a matter involving an individual who engages in an activity for which the individual must have a license or certificate, including referring the matter to the appropriate prosecutorial authority.

Sec. 4783.06. Nothing in this chapter modifies or changes the scope of practice of any licensee or certificate holder under Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code, nor does it alter in any way the provisions of those chapters that prohibit fraud and the exploitation of patients and that require licensees and certificate holders to practice within their respective standards of care.

This chapter does not apply to a person who is exempt from the requirement to obtain a license or certificate pursuant to Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code and by that exemption is permitted to engage in the activities in which the person wishes to engage.

This chapter does not apply to an individual authorized to practice medicine and surgery or osteopathic medicine and surgery under Chapter 4731. of the Revised Code who is engaging in activities specified in section 4731.227 of the Revised Code in accordance with that section.

Section 2.  That existing section 4759.02 of the Revised Code is hereby repealed.

Section 3. (A) This act shall be known as the "Ohio Consumer Health Freedom Act."

(B) The General Assembly of the State of Ohio finds the following:

(1) Based upon studies, research, and public policy declarations by state governments, including a proclamation issued by the Governor of Florida, and laws enacted by the states of California, Idaho, Minnesota, and Rhode Island, it is evident that millions of Americans and hundreds of thousands of Ohioans presently receive a substantial amount of their health care from providers of complementary or alternative health care services.

(2) Numerous studies –– including a comprehensive report by the National Institutes of Medicine and a study published by the New England Journal of Medicine –– demonstrate that individuals who utilize complementary or alternative health care services vary widely in age, ethnicity, socioeconomic status, and other demographic categories.

(3) Notwithstanding the widespread use of complementary or alternative health care services, for Ohioans, access to such services has been hampered and the flow of information about such services inhibited.

(4) Ohio has failed to openly acknowledge the existence of health care therapies and methods that are not suitable for regulation or licensure under the state's policing power. As a result, the providers of such services, who are not licensed by the state as health care professionals, cannot openly offer their services for fear of fines, penalties, or the restriction of their practice based on charges that such providers are in violation of Ohio's professional licensing laws, notwithstanding that the delivery of health care services by such providers has not been shown to pose a recognizable and imminent risk of significant and discernible harm to the public's health, safety, or welfare.

(5) Ohio's failure to acknowledge complementary or alternative health care services impedes the beneficial exchange of health care information between a complementary or alternative health care practitioner and the practitioner's clients and between a complementary or alternative health care practitioner and a licensed health care professional with regard to their mutual patients and clients.

(6) The practice of complementary or alternative health care services is suitable and desirable for the public health and welfare.

(C) The General Assembly hereby acknowledges Ohioans' desire for broader access to complementary or alternative health care therapies. The General Assembly recognizes that the public health and welfare will be enhanced by a public policy that declares that a profession or occupation is not subject to regulation by the state unless, and then only to the extent that, the profession or occupation has been shown to pose a recognizable and imminent risk of significant and discernible harm to the health, safety, or welfare of the public.

(D) The General Assembly hereby declares, based on the findings of this section, its intent to allow and protect the performance and delivery of, and public access to, complementary or alternative health care services in Ohio, subject only to the limitations and restrictions provided in this act.