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.
|
Sub. S. B. No. 33 As Reported by the Senate Health, Human Services and Aging Committee
As Reported by the Senate Health, Human Services and Aging Committee
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Senators Gardner, Clancy, Padgett, Mumper, Spada, Schaffer, Fedor, Cafaro, Miller, D., Morano, Buehrer
A BILL
To amend sections 1701.03, 1705.03, 1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 1785.08, 3715.87, 3715.871, 3715.872, 3715.873, 4723.16, 4725.33, 4729.161, 4731.226, 4731.23, 4731.65, 4732.28, 4734.10, 4734.15, 4734.16, 4734.17, 4734.19, 4734.31, 4734.311, 4734.34, 4734.36, 4734.37, 4734.38, 4734.39, 4734.47, 4734.49, 4734.50, 4734.55, 4734.99, 4755.471, 4762.01, 4762.02, 4762.09, 4762.10, 4762.11, 4762.12, and 4762.18 and to enact sections 4734.141, 4734.142, 4734.211, 4734.28, 4734.281, 4734.282, 4734.283, 4734.284, 4734.285, and 4734.286 of the Revised Code regarding the practice of acupuncture by chiropractors, the State Medical Board's use of private attorneys as temporary hearing examiners, and to modify the immunity from liability that applies under the Drug Repository Program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1701.03, 1705.03, 1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 1785.08, 3515.87, 3715.871, 3715.872, 3715.873, 4723.16, 4725.33, 4729.161, 4731.226, 4731.23, 4731.65, 4732.28, 4734.10, 4734.15, 4734.16, 4734.17, 4734.19, 4734.31, 4734.311, 4734.34, 4734.36, 4734.37, 4734.38, 4734.39, 4734.47, 4734.49, 4734.50, 4734.55, 4734.99, 4755.471, 4762.01, 4762.02, 4762.09, 4762.10, 4762.11, 4762.12, and 4762.18 be amended and sections 4734.141, 4734.142, 4734.211, 4734.28, 4734.281, 4734.282, 4734.283, 4734.284, 4734.285, and 4734.286 of the Revised Code be enacted to read as follows:
Sec. 1701.03. (A) A corporation may be formed under this
chapter for any purpose or combination of purposes for which
individuals lawfully may associate themselves, except that, if
the Revised Code contains special provisions pertaining to the
formation of any designated type of corporation other than a
professional association, as defined in section 1785.01 of the
Revised Code, a corporation of that type shall be formed in
accordance with the special provisions. (B) On and after July
1, 1994, a corporation may be formed under this chapter for the
purpose of carrying on the practice of any profession, including,
but not limited to, a corporation for the purpose of providing
public accounting or certified public accounting services, a
corporation for the erection, owning, and conducting of a
sanitarium for receiving and caring for patients, medical and
hygienic treatment of patients, and instruction of nurses in the
treatment of disease and in hygiene, a corporation for the
purpose of providing architectural, landscape architectural,
professional engineering, or surveying services or any
combination of those types of services, and a corporation for the
purpose of providing a combination of the professional services, as defined in
section 1785.01 of the Revised Code,
of optometrists authorized under Chapter 4725.
of the Revised Code, chiropractors authorized
under Chapter 4734. of the Revised Code to practice chiropractic or acupuncture,
psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses authorized under Chapter 4723. of the Revised Code,
pharmacists
authorized under Chapter 4729.
of the Revised
Code, physical therapists
authorized under sections 4755.40 to 4755.53 4755.56 of the
Revised
Code, mechanotherapists authorized under section 4731.151 of the Revised Code,
and
doctors of medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery authorized under Chapter 4731.
of the Revised Code. This chapter does not
restrict, limit, or otherwise affect the authority or
responsibilities of any agency, board, commission, department,
office, or other entity to license, register, and otherwise
regulate the professional conduct of individuals or organizations
of any kind rendering professional services, as defined in
section 1785.01 of the Revised Code, in this state or to regulate
the practice of any profession that is within the jurisdiction of
the agency, board, commission, department, office, or other
entity, notwithstanding that an individual is a director,
officer, employee, or other agent of a corporation formed under
this chapter and is rendering professional services or engaging
in the practice of a profession through a corporation formed
under this chapter or that the organization is a corporation
formed under this chapter. (C) Nothing in division (A) or (B) of this section
precludes the organization of a professional association in
accordance with this chapter and Chapter 1785. of the Revised
Code or the formation of a limited liability company under
Chapter 1705. of the Revised Code with respect to a business, as
defined in section 1705.01 of the Revised Code. (D) No
corporation formed for the
purpose of providing a combination of the professional services, as defined in
section 1785.01 of the Revised Code, of
optometrists authorized under Chapter 4725.
of the Revised Code, chiropractors authorized under Chapter 4734. of the
Revised Code to practice chiropractic or acupuncture,
psychologists authorized under Chapter 4732. of the Revised Code, registered
or
licensed practical nurses authorized under Chapter 4723. of the Revised Code,
pharmacists
authorized under Chapter 4729.
of the Revised
Code, physical therapists
authorized under sections 4755.40 to 4755.53 4755.56 of the
Revised
Code, mechanotherapists authorized under section 4731.151 of the Revised Code,
and
doctors of medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery authorized under Chapter 4731.
of the Revised Code shall
control the professional clinical judgment exercised within accepted and
prevailing standards of practice of a
licensed, certificated, or otherwise legally authorized optometrist,
chiropractor, chiropractor practicing acupuncture through the state chiropractic board, psychologist, nurse, pharmacist, physical therapist,
mechanotherapist, or doctor
of medicine and surgery,
osteopathic
medicine and
surgery, or podiatric medicine and surgery in rendering care, treatment, or
professional advice to an individual patient. This division does not prevent a hospital, as defined in section 3727.01
of the Revised
Code, insurer, as defined in section 3999.36
of the Revised
Code, or intermediary organization, as defined
in section 1751.01 of the Revised
Code, from entering into a contract with a
corporation described in this division that includes a provision requiring
utilization review, quality assurance, peer review, or other performance or
quality standards. Those activities shall not be construed as controlling the
professional clinical judgment of an individual practitioner listed in this
division.
Sec. 1705.03. (A) A limited liability company may sue and be sued. (B) Unless otherwise provided in its articles of organization, a limited
liability company may take property of any description or any interest in
property of any description by gift, devise, or bequest and may make donations
for the public welfare or for charitable, scientific, or educational purposes. (C) In carrying out the purposes stated in its articles of organization or
operating agreement and
subject to limitations prescribed by law or in its articles of organization or
its operating agreement, a limited liability company may do all of the
following: (1) Purchase or otherwise acquire, lease as lessee or lessor, invest in,
hold, use, encumber, sell, exchange, transfer, and dispose of property of any
description or any interest in property of any description; (3) Form or acquire the control of other domestic or foreign limited
liability companies; (4) Be a shareholder, partner, member, associate, or participant in other
profit or nonprofit enterprises or ventures; (5) Conduct its affairs in this state and elsewhere; (6) Render in this state and elsewhere a professional service, the kinds of
professional services
authorized under Chapters 4703. and 4733. of the Revised Code, or a
combination of the professional services of
optometrists authorized under Chapter 4725. of the Revised Code, chiropractors
authorized under Chapter 4734. of the Revised Code to practice chiropractic or acupuncture,
psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses authorized under
Chapter 4723. of the Revised Code,
pharmacists
authorized under Chapter 4729.
of the Revised
Code, physical therapists
authorized under sections 4755.40 to 4755.56 of the
Revised
Code, occupational therapists authorized under sections 4755.04 to 4755.13 of the Revised Code, mechanotherapists authorized under section 4731.151 of the Revised Code,
and doctors of medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and surgery
authorized under Chapter 4731. of the Revised Code; (8) Issue, sell, and pledge its notes, bonds, and other evidences of
indebtedness; (9) Secure any of its obligations by mortgage, pledge, or deed of trust of
all or any of its property; (10) Guarantee or secure obligations of any person; (11) Do all things permitted by law and exercise all authority within or
incidental to the purposes stated in its articles of organization. (D) In addition to the authority conferred by division (C) of this section
and irrespective of the purposes stated in its articles of organization or
operating agreement but
subject to any limitations stated in those articles or its operating
agreement, a limited liability company may invest funds not currently needed
in its business in any securities if the investment does not cause the company
to acquire control of another enterprise whose activities and operations are
not incidental to the purposes stated in the articles of organization of the
company. (E)(1) No lack of authority or limitation upon the authority of a limited
liability company shall be asserted in any action except as follows: (a) By the state in an action by it against the company; (b) By or on behalf of the company in an action against a manager, an
officer, or any member as a member; (c) By a member as a member in an action against the company, a manager, an
officer, or any member as a member; (d) In an action involving an alleged improper issue of a membership interest
in the company. (2) Division (E)(1) of this section applies to any action commenced in this
state upon any contract made in this state by a foreign limited liability
company.
Sec. 1705.04. (A) One or more persons, without regard to
residence, domicile, or state of organization, may form a limited
liability company. The
articles of
organization shall be signed
and filed with the secretary of
state
and shall set forth all of
the
following: (1) The name of the company; (2) Except as provided in division (B) of this section,
the
period of its duration, which may be perpetual; (3) Any other provisions that are from the operating
agreement or that are not inconsistent with applicable law and
that the members elect to set out in the articles for the
regulation of the affairs of the company.
The legal existence of the company begins upon the filing of
the articles of organization or on a later date specified in the
articles of organization that is not more than ninety days after
the filing. (B) If the articles of organization or operating agreement
do not set
forth the
period of the duration of the limited
liability company, its
duration shall be perpetual. (C) If a limited liability company is formed under this
chapter for the purpose of rendering a professional service,
the
kinds of professional services authorized under Chapters
4703. and
4733. of the Revised Code, or a combination of the
professional
services of optometrists authorized under Chapter 4725.
of the
Revised Code, chiropractors authorized under Chapter 4734. of the
Revised Code to practice chiropractic or acupuncture,
psychologists authorized under
Chapter 4732. of the
Revised Code, registered or licensed
practical nurses authorized
under
Chapter 4723. of the Revised Code, pharmacists authorized
under Chapter
4729. of the Revised Code, physical therapists
authorized
under sections 4755.40 to 4755.56 of the Revised Code, occupational therapists authorized under sections 4755.04 to 4755.13 of the Revised Code,
mechanotherapists
authorized under section 4731.151 of the Revised
Code, and doctors
of medicine and surgery, osteopathic medicine
and surgery, or
podiatric medicine and surgery authorized under
Chapter 4731.
of the Revised Code, the following apply: (1) Each member, employee, or other agent of the company
who
renders a professional service in this state and, if the
management of the company is not reserved to its members, each
manager of the company who renders a professional service in this
state shall be licensed, certificated, or otherwise
legally
authorized to render
in this state the same kind of professional
service; if
applicable, the kinds of professional services
authorized under
Chapters 4703. and 4733. of the Revised Code; or,
if applicable,
any of the kinds of professional services of
optometrists authorized under
Chapter 4725. of the Revised Code,
chiropractors
authorized under Chapter 4734. of the Revised Code to practice chiropractic or acupuncture,
psychologists authorized under
Chapter 4732. of the Revised Code,
registered or licensed
practical nurses authorized under
Chapter
4723. of the Revised Code, pharmacists authorized under Chapter
4729. of the Revised Code, physical therapists authorized
under
sections 4755.40 to 4755.53 4755.56 of the Revised Code, occupational therapists authorized under sections 4755.04 to 4755.13 of the Revised Code, mechanotherapists
authorized under section 4731.151 of the Revised Code, or
doctors
of medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery authorized under Chapter 4731. of
the Revised
Code. (2) Each member, employee, or other agent of the company
who
renders a professional service in another state and, if the
management of the company is not reserved to its members, each
manager of the company who renders a professional service in
another state shall be licensed, certificated, or
otherwise
legally authorized
to render that professional service in the
other state. (D) Except for the provisions of this chapter pertaining
to
the personal liability of members, employees, or other agents
of a
limited liability company and, if the management of the
company is
not reserved to its members, the personal liability of
managers of
the company, this chapter does not restrict, limit,
or otherwise
affect the authority or responsibilities of any
agency, board,
commission, department, office, or other entity to
license,
certificate, register, and otherwise regulate the
professional
conduct of individuals or organizations of any kind rendering
professional services in this state or to regulate the practice
of
any profession that is within the jurisdiction of the agency,
board, commission, department, office, or other entity,
notwithstanding that the individual is a member or manager of a
limited liability company and is rendering the professional
services or engaging in the practice of the profession through
the
limited liability company or that the organization is a
limited
liability company. (E) No limited liability company formed
for the
purpose of
providing a combination of the professional services, as defined
in
section 1785.01 of the Revised Code, of optometrists authorized
under Chapter 4725.
of the Revised Code, chiropractors authorized
under Chapter 4734. of the Revised Code to practice chiropractic or acupuncture,
psychologists authorized
under Chapter 4732. of the Revised Code,
registered
or licensed
practical nurses authorized under Chapter 4723. of the Revised
Code,
pharmacists authorized under Chapter 4729. of the Revised
Code, physical therapists authorized under sections 4755.40 to
4755.56 of the Revised Code, occupational therapists authorized under sections 4755.04 to 4755.13 of the Revised Code, mechanotherapists authorized under
section
4731.151 of the Revised Code, and doctors of medicine and
surgery, osteopathic
medicine and surgery,
or podiatric medicine
and surgery authorized under Chapter 4731.
of the Revised Code
shall
control the
professional clinical judgment exercised within
accepted and prevailing
standards of practice of a licensed,
certificated, or otherwise
legally authorized optometrist,
chiropractor, chiropractor practicing acupuncture through the state chiropractic board, psychologist, nurse, pharmacist,
physical therapist, occupational therapist,
mechanotherapist, or doctor
of medicine
and
surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery
in
rendering care, treatment, or professional advice to an individual
patient. This division does not prevent a hospital, as defined in
section 3727.01
of the Revised
Code, insurer, as defined in
section 3999.36
of the Revised
Code, or intermediary organization,
as defined
in section 1751.01 of the Revised
Code, from entering
into a contract with a
limited liability company described in this
division that includes a provision
requiring utilization review,
quality assurance, peer review, or other
performance or quality
standards. Those activities shall not be construed as
controlling
the professional clinical judgment of an individual practitioner
listed in this division.
Sec. 1705.53. Subject to any contrary provisions of the Ohio Constitution,
the laws of the state under which a foreign limited liability company is
organized govern its organization and internal affairs and the liability of
its members. A foreign limited liability company may not be denied a
certificate of registration as a foreign limited liability company in this
state because of any difference between the laws of the state under which it
is organized and the laws of this state. However, a foreign limited liability
company that applies for registration under this chapter to render a
professional service in this state, as a condition to obtaining and
maintaining a certificate of registration, shall comply with the requirements
of division (C) of section 1705.04 of the Revised Code
and shall comply with the requirements of Chapters 4703.
and 4733. of the Revised Code if the kinds of
professional services authorized under those chapters are to be
rendered or with the
requirements of Chapters 4723., 4725.,
4729., 4731., 4732.,
4734., and 4755. of the Revised Code
if a combination of the professional services of
optometrists
authorized
under Chapter 4725. of the Revised Code, chiropractors authorized under
Chapter 4734. of the Revised Code to practice chiropractic or acupuncture,
psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses authorized under
Chapter 4723. of the Revised Code,
pharmacists
authorized under Chapter 4729.
of the Revised
Code, physical therapists
authorized under sections 4755.40 to 4755.56 of the
Revised
Code, occupational therapists authorized under sections 4755.04 to 4755.13 of the Revised Code, mechanotherapists authorized under section 4731.151 of the Revised Code,
and doctors of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery authorized
under Chapter 4731. of the Revised Code are to be rendered.
Sec. 1785.01. As used in this chapter: (A) "Professional service" means any type of professional
service that may be performed only pursuant to a license,
certificate, or other legal authorization
issued pursuant to Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729.,
4730., 4731.,
4732., 4733., 4734., or 4741., sections 4755.04 to 4755.13,
or 4755.40 to 4755.56 of the Revised Code to certified
public accountants, licensed public accountants, architects,
attorneys, dentists, nurses,
optometrists, pharmacists, physician assistants,
doctors of medicine and surgery, doctors of osteopathic
medicine and surgery, doctors of podiatric medicine and surgery,
practitioners of the limited branches of
medicine specified in section 4731.15 of
the Revised Code, mechanotherapists, psychologists, professional engineers,
chiropractors, chiropractors practicing acupuncture through the state chiropractic board, veterinarians, occupational therapists,
physical therapists, and occupational therapists. (B) "Professional association" means an association
organized under this chapter for the sole purpose of rendering
one of the professional services authorized under Chapter 4701.,
4703., 4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,
4734., or 4741., sections 4755.04 to 4755.13, or
4755.40 to 4755.56 of the Revised Code, a
combination of the
professional services authorized under Chapters 4703. and 4733.
of the Revised Code,
or a combination of the professional services
of optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors
authorized under Chapter 4734. of the Revised Code to practice chiropractic or acupuncture,
psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses authorized under
Chapter 4723. of the Revised Code,
pharmacists authorized under Chapter 4729. of the Revised
Code, physical therapists authorized under sections 4755.40 to
4755.56 of the Revised Code, occupational therapists authorized under sections 4755.04 to 4755.13 of the Revised Code, mechanotherapists authorized under section
4731.151 of the Revised Code, and doctors of
medicine and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery authorized under Chapter 4731. of the Revised Code.
Sec. 1785.02. An individual or group of individuals each
of whom is licensed, certificated, or otherwise legally
authorized to render within this state the same kind of professional
service, a group
of individuals each of whom is licensed, certificated, or
otherwise legally authorized
to render within this state the professional service authorized under
Chapter 4703. or 4733. of the Revised
Code, or a group of individuals each of whom is licensed,
certificated, or otherwise legally authorized to render within
this state the professional service of optometrists authorized
under Chapter 4725. of the Revised
Code, chiropractors authorized under
Chapter 4734. of the Revised Code to practice chiropractic or acupuncture,
psychologists authorized under
Chapter 4732. of the Revised Code,
registered or licensed practical nurses authorized under
Chapter 4723. of the Revised Code,
pharmacists
authorized under Chapter 4729.
of the Revised
Code, physical therapists
authorized under sections 4755.40 to 4755.56 of the
Revised
Code, occupational therapists authorized under sections 4755.04 to 4755.13 of the Revised Code, mechanotherapists authorized under section 4731.151 of the Revised Code,
or
doctors of medicine and surgery, osteopathic medicine
and surgery, or podiatric medicine and surgery authorized under
Chapter 4731. of the Revised Code
may organize and become a shareholder or shareholders of a
professional association. Any group of individuals described in this section
who may be rendering one of the professional services as an organization
created otherwise than pursuant to this chapter may incorporate under and
pursuant to this chapter by amending the agreement establishing
the organization in a manner that the agreement as amended
constitutes articles of incorporation prepared and filed in the
manner prescribed in section 1785.08 of the Revised Code and by
otherwise complying with the applicable requirements of this chapter.
Sec. 1785.03. A professional association may render a particular
professional service only through officers, employees, and agents who are
themselves duly licensed, certificated, or otherwise
legally authorized to render the professional service within this
state. As used in this section,
"employee" does not include clerks,
bookkeepers, technicians, or other individuals who are not usually and
ordinarily considered by custom and practice to be rendering a
particular professional service for which a
license, certificate, or other legal authorization is
required and does not
include any other person who performs all of that person's
employment under the direct supervision and control of an officer, agent, or
employee who renders a particular
professional service to the public on behalf
of the professional association. No professional association formed
for the
purpose of providing a combination of the professional services, as defined in
section 1785.01 of the Revised Code, of optometrists authorized under Chapter
4725. of the Revised Code, chiropractors authorized under Chapter 4734.
of the
Revised Code to practice chiropractic or acupuncture, psychologists authorized under Chapter 4732. of the Revised
Code, registered
or licensed practical nurses authorized under Chapter 4723. of the Revised
Code, pharmacists authorized under Chapter 4729. of the Revised Code, physical
therapists authorized under sections 4755.40 to 4755.56 of the Revised Code, occupational therapists authorized under sections 4755.04 to 4755.13 of the Revised Code,
mechanotherapists authorized under section 4731.151 of the Revised Code,
and doctors of medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery authorized under Chapter 4731.
of the Revised Code shall control the professional
clinical judgment exercised within accepted and prevailing standards of
practice of a licensed, certificated, or otherwise legally authorized
optometrist, chiropractor, chiropractor practicing acupuncture through the state chiropractic board, psychologist, nurse, pharmacist, physical
therapist, occupational therapist, mechanotherapist, or doctor of medicine and surgery,
osteopathic
medicine and surgery, or podiatric medicine and surgery in rendering care,
treatment, or professional advice to an individual patient. This division does not prevent a hospital, as defined in section 3727.01
of the Revised Code, insurer, as defined in section 3999.36
of the Revised Code, or intermediary organization, as defined
in section 1751.01 of the Revised
Code, from entering into a contract with a
professional association described in this division that includes a provision
requiring utilization review, quality assurance, peer review, or other
performance or quality standards. Those activities shall not be construed as
controlling the professional clinical judgment of an individual practitioner
listed in this division.
Sec. 1785.08. Chapter 1701. of the Revised Code applies to professional
associations, including their organization and the manner of filing articles
of incorporation, except that the requirements of division (A) of section
1701.06 of the Revised Code do not apply to professional associations. If any
provision of this chapter conflicts with any provision of Chapter 1701. of the
Revised Code, the provisions of this chapter shall take precedence. A
professional association for the practice of medicine
and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery or for the combined practice of
optometry, chiropractic, acupuncture through the state chiropractic board, psychology, nursing, pharmacy, physical therapy,
mechanotherapy, medicine and surgery,
osteopathic medicine and surgery, or podiatric
medicine and surgery may provide in its articles of
incorporation or bylaws that its directors may have terms of office not
exceeding six years.
Sec. 3715.87. (A) As used in this section and in sections
3715.871, 3715.872, and 3715.873 of the Revised Code: (1) "Health care facility" has the same meaning as in section 1337.11 of the Revised Code. (2) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code. (2)(3) "Nonprofit clinic" means a charitable nonprofit
corporation organized and operated pursuant to Chapter 1702. of
the Revised Code, or any charitable organization not organized and
not operated for profit, that provides health care services to
indigent and uninsured persons as defined in section 2305.234 of
the Revised Code. "Nonprofit clinic" does not include a hospital
as defined in section 3727.01 of the Revised Code, a facility
licensed under Chapter 3721. of the Revised Code, or a facility
that is operated for profit.
(3)(4) "Prescription drug" means any drug to which the following
applies:
(a) Under the "Food, Drug, and Cosmetic Act," 52 Stat. 1040
(1938), 21 U.S.C.A. 301, as amended, the drug is required to bear
a label containing the legend, "Caution: Federal law prohibits
dispensing without prescription" or "Caution: Federal law
restricts this drug to use by or on the order of a licensed
veterinarian" or any similar restrictive statement, or the drug
may be dispensed only upon a prescription. (b) Under Chapter 3715. or 3719. of the Revised Code, the
drug may be dispensed only upon a prescription. (B) The state board of pharmacy shall establish a drug
repository
program to accept and dispense prescription drugs
donated or given for the
purpose of being dispensed to individuals who are
residents of this state and meet
eligibility
standards established
in rules adopted by the board
under section 3715.873 of the
Revised Code. Only drugs
in their
original sealed and
tamper-evident unit dose packaging
may be
accepted and dispensed.
The packaging
must be unopened,
except
that drugs packaged in
single unit doses
may be accepted
and
dispensed when the outside
packaging is opened
if the single
unit
dose packaging is
undisturbed. Drugs donated by individuals
bearing an expiration
date that is less than six months from the
date the drug is
donated shall not be accepted or dispensed. A
drug shall
not be
accepted or dispensed if there is reason to
believe that it is
adulterated as described in section 3715.63 of
the Revised Code.
Subject to the limitation limitations specified in this
division, unused drugs
dispensed for purposes of the medicaid
program may be accepted and
dispensed under the drug repository
program.
Sec. 3715.871. (A) Any person, including a pharmacy, drug manufacturer,
or any health care
facility as defined in section 1337.11 of the
Revised Code, or any government entity may
donate or give prescription drugs to the drug repository
program. The
drugs must be donated or given at a pharmacy, hospital, or
nonprofit
clinic that
elects to participate in the drug repository
program and meets criteria for participation in the program
established in rules adopted by the state board of pharmacy under
section 3715.873 of the Revised Code.
Participation in the program
by pharmacies, hospitals, and nonprofit clinics
is voluntary.
Nothing in this or any other section of the Revised
Code requires
a pharmacy, hospital, or nonprofit clinic to participate in the
program. (B) A pharmacy, hospital, or nonprofit clinic eligible to
participate in the program shall dispense drugs
donated or given under
this
section to individuals who are residents of this state and meet
the eligibility
standards
established in rules adopted by the
board under
section 3715.873
of the Revised Code or to other
government
entities and nonprofit
private entities to be dispensed
to
individuals who meet the
eligibility standards. A drug may be
dispensed only pursuant to a
prescription issued by a licensed
health professional authorized
to prescribe drugs, as defined in
section 4729.01 of the Revised
Code. A pharmacy, hospital, or
nonprofit
clinic
that accepts
donated or given drugs shall comply with all
applicable
federal laws and
laws of this state dealing with
storage and
distribution of
dangerous drugs and shall inspect all
drugs prior
to dispensing
them to determine that they are not
adulterated. The
pharmacy,
hospital, or nonprofit clinic may
charge individuals receiving
donated or given drugs a handling fee
established in accordance with rules
adopted by the board under
section 3715.873 of
the Revised Code. Drugs donated or given to the
repository may not be
resold.
Sec. 3715.872. (A) As used in this section, "health care
professional" means any of the following who provide medical,
dental, or other health-related diagnosis, care, or treatment: (1) Individuals authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery; (2) Registered nurses and licensed practical nurses licensed
under Chapter 4723. of the Revised Code; (3) Physician assistants authorized to practice under Chapter
4730. of the Revised Code; (4) Dentists and dental hygienists licensed under Chapter
4715. of the Revised Code; (5) Optometrists licensed under Chapter 4725. of the Revised
Code; (6) Pharmacists licensed under Chapter 4729. of the Revised
Code. (B) The state board of pharmacy; the director of health;
any For matters related to donating, giving, accepting, or dispensing drugs under the drug repository program, all of the following apply: (1) Any
person, including a pharmacy, drug
manufacturer, or health care facility, or any government
entity
that
donates or gives drugs to the drug
repository program; any
pharmacy,
hospital,
nonprofit clinic, or health care
professional that
accepts or
dispenses drugs under the program;
and any pharmacy,
hospital, or
nonprofit
clinic that employs a health care
professional who
accepts or
dispenses drugs under the program
shall not, in the
absence of bad
faith, be subject to any of the
following for
matters related to
donating, accepting, or
dispensing drugs under
the program:
criminal prosecution;
liability in tort or other
civil action for
injury, death, or loss
to person or property; or
professional
disciplinary action. A (2) A pharmacy, hospital, or nonprofit clinic that accepts or dispenses drugs under the program shall not be subject to liability in tort or other civil action for injury, death, or loss to person or property, unless an action or omission of the pharmacy, hospital, or nonprofit clinic constitutes willful and wanton misconduct.
(3) A health care professional who accepts or dispenses drugs under the program on behalf of a pharmacy, hospital, or nonprofit clinic, and the pharmacy, hospital, or nonprofit clinic that employs or otherwise uses the services of the health care professional, shall not be subject to liability in tort or other civil action for injury, death, or loss to person or property, unless an action or omission of the health care professional, pharmacy, hospital, or nonprofit clinic constitutes willful and wanton misconduct. (4) The state board of pharmacy and the director of health shall not be subject to liability in tort or other civil action for injury, death, or loss to person or property, unless an action or omission of the board or director constitutes willful and wanton misconduct. (C) In addition to the immunity granted under division (B)(1) of this section, any person, including a pharmacy, drug manufacturer, or health care facility, and any government entity that donates or gives drugs to the program shall not be subject to criminal prosecution for the donation, giving, acceptance, or dispensing of drugs under the program, unless an action or omission of the person or government entity does not comply with the provisions of this chapter or the rules adopted under it.
(D) In the case of a drug manufacturer shall not, in the absence of bad faith, be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a, the immunities granted under divisions (B)(1) and (C) of this section apply with respect to any drug manufactured by the drug manufacturer that is donated or given by any person or government entity under the program, including but not limited to liability for failure to transfer or communicate product or consumer information or the expiration date of the donated drug donated or given.
Sec. 3715.873. In consultation with the director of health,
the state board of pharmacy shall adopt rules governing the drug
repository program that establish all of the following: (A) Eligibility criteria for pharmacies, hospitals, and
nonprofit clinics to receive and dispense donated drugs donated or given under the
program; (B) Standards and procedures for accepting, safely storing,
and dispensing donated drugs donated or given; (C) Standards and procedures for inspecting donated drugs donated or given
to determine that the original unit dose packaging is sealed and
tamper-evident and that the drugs are unadulterated, safe, and
suitable for dispensing; (D) Eligibility standards based on economic need for
individuals to receive drugs; (E) A means, such as an identification card, by which an
individual who is eligible to receive donated drugs under the program may
demonstrate eligibility to the pharmacy, hospital, or nonprofit
clinic
dispensing the drugs; (F) A form that an individual receiving a drug from under the
repository program must sign before receiving the drug to confirm that the
individual understands the immunity provisions of the program; (G) A formula to determine the amount of a handling fee that
pharmacies, hospitals, and nonprofit clinics may charge to drug
recipients to
cover restocking and dispensing costs; (H) In addition, for drugs donated or given to the repository program by
individuals: (1) A list of drugs, arranged either by category or by
individual drug, that the repository program will accept from individuals; (2) A list of drugs, arranged either by category or by
individual drug, that the repository program will not accept from
individuals. The list must include a statement as to why the drug
is ineligible for donation to be donated or given. (3) A form each donor must sign stating that the donor is
the owner of the drugs and intends to voluntarily donate them to
the repository program. (I) In addition, for drugs donated to the repository program by
health care facilities: (1) A list of drugs, arranged either by category or by
individual drug, that the repository program will accept from health care
facilities; (2) A list of drugs, arranged either by category or by
individual drug, that the repository program will not accept from health
care facilities. The list must include a statement as to why the
drug is ineligible for donation to be donated or given. (J) Any other standards and procedures the board considers
appropriate. The rules shall be adopted in accordance with Chapter 119.
of the Revised Code.
Sec. 4723.16. (A) An individual whom the board of
nursing licenses, certificates, or otherwise legally authorizes to engage
in the practice of nursing as a registered nurse or as a licensed practical
nurse may render the professional services of a registered or licensed
practical nurse 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 from rendering
professional services as a registered or licensed practical nurse 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 board of
nursing 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 or acupuncture under
Chapter 4734. of the Revised Code; (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 this chapter; (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 4755.56 of the
Revised
Code; (7) Occupational therapists who are licensed to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the
Revised
Code; (9) Doctors of medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery who are
licensed, certificated, or otherwise legally authorized for their respective
practices under
Chapter 4731. of the Revised
Code. This division shall apply notwithstanding a provision
of a code of ethics applicable to a nurse
that
prohibits a registered or licensed practical nurse from
engaging in the practice of nursing as a registered nurse or as a licensed
practical nurse in combination with a person who is
licensed, certificated, or otherwise legally authorized to
practice optometry, chiropractic, acupuncture through the state chiropractic board, psychology, pharmacy, physical therapy, occupational 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 to engage in the
practice of nursing as a registered nurse or as a licensed practical nurse.
Sec. 4725.33. (A) An individual whom the state
board of
optometry licenses to
engage
in the practice of optometry may render the professional services of an
optometrist 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 optometrist from rendering
professional services as an optometrist 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
board of optometry 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 or acupuncture under
Chapter 4734. of the Revised Code; (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 4755.56
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 code of ethics applicable to an optometrist
that
prohibits an optometrist from engaging in
the practice of optometry in combination with a person who is
licensed, certificated, or otherwise legally authorized to
practice chiropractic, acupuncture through the state chiropractic board, 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 to engage in the
practice of optometry.
Sec. 4729.161. (A) An individual registered with the state
board of
pharmacy to engage
in the practice of pharmacy may render the professional services of
a pharmacist 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 from rendering
professional services as a pharmacist 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
board of pharmacy 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 or acupuncture under
Chapter 4734. of the Revised Code; (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 4755.56 of the Revised Code; (7) Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the
Revised
Code; (9) 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 code of ethics applicable to a pharmacist
that
prohibits a pharmacist from engaging in
the practice of pharmacy in combination with a person who is
licensed, certificated, or otherwise legally authorized to
practice optometry, chiropractic, acupuncture through the state chiropractic board, psychology, nursing, physical therapy, occupational 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 to engage in the
practice of pharmacy.
Sec. 4731.226. (A)(1) An individual whom the state medical board
licenses, certificates, or otherwise legally authorizes to engage in the
practice of medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery may render the
professional services of a doctor of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery 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. Division
(A)(1) of this section
does not preclude an individual of that nature from rendering
professional services as a doctor of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery 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 medical board adopted pursuant to this chapter. (2) An individual
whom the state medical board authorizes to engage in the practice of
mechanotherapy may render the professional services of a
mechanotherapist 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. Division
(A)(2) of this section does not
preclude an individual of that nature from rendering
professional services as a mechanotherapist 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 medical 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 or acupuncture under
Chapter 4734. of the Revised Code; (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 4755.56 of the
Revised
Code; (7) Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the
Revised
Code; (9) Doctors of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery who are authorized for their respective practices under this chapter. (C) Division (B) of this
section shall apply notwithstanding a provision of a code of ethics
described in
division (B)(18) of section 4731.22 of the Revised
Code
that prohibits either of the following: (1) A doctor of
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery from engaging in the doctor's
authorized practice in combination with a person who is
licensed, certificated, or otherwise legally authorized to
engage in the practice of optometry, chiropractic, acupuncture through the state chiropractic board, psychology, nursing,
pharmacy, physical therapy, occupational therapy, or mechanotherapy, but
who is not also licensed, certificated, or otherwise legally authorized to
practice medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery. (2) A
mechanotherapist from engaging in the practice of mechanotherapy
in combination with a person who is licensed, certificated, or
otherwise legally authorized to engage in the practice of
optometry, chiropractic, acupuncture through the state chiropractic board, psychology, nursing, pharmacy, physical
therapy, occupational therapy, medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery, but who is not also licensed,
certificated, or otherwise legally authorized to engage in the
practice of mechanotherapy.
Sec. 4731.23. (A)(1)(a) The state medical board shall designate
an attorney one or more attorneys at law who has have been admitted to the practice of law,
and who is are classified as either an administrative law attorney
examiner examiners or as an administrative law attorney examiner
administrator administrators under the state job classification plan adopted
under section 124.14 of the Revised Code, as a hearing examiner examiners,
subject to Chapter 119. of the Revised Code, to conduct any
hearing which the medical board is empowered to hold or undertake
pursuant to Chapter 119. of the Revised Code. Such (b) Notwithstanding the requirement of division (A)(1)(a) of this section that the board designate as a hearing examiner an attorney who is classified as either an administrative law attorney examiner or an administrative law attorney examiner administrator, the board may, subject to controlling board approval, enter into a personal service contract with an attorney admitted to the practice of law in this state to serve on a temporary basis as a hearing examiner. (2) The hearing
examiner shall hear and consider the oral and documented evidence
introduced by the parties and issue in writing proposed findings
of fact and conclusions of law to the board for their
consideration within thirty days following the close of the
hearing. (B) The board shall be given copies of the transcript of
the record hearing and all exhibits and documents presented by
the parties at the hearing. (C) The board shall, upon the favorable vote of three
members, allow the parties or their counsel the opportunity to
present oral arguments on the proposed findings of fact and
conclusions of law of the hearing examiner prior to the board's
final action. (D) The board shall render a decision and take action
within sixty days following the receipt of the hearing examiner's
proposed findings of fact and conclusions of law or within any
longer period mutually agreed upon by the board and the
certificate holder. (E) The final decision of the board in any hearing which
the board is empowered to undertake shall be in writing and
contain findings of fact and conclusions of law. Copies of the
decision shall be delivered to the parties personally or by
certified mail. The decision shall be final upon delivery or
mailing, except that the certificate holder may appeal in the
manner provided by Chapter 119. of the Revised Code.
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of
the Revised Code: (A)(1) "Clinical laboratory services" means either of the following: (a) Any examination of materials derived from the human
body for the purpose of providing information for the diagnosis,
prevention, or treatment of any disease or impairment or for the
assessment of health; (b) Procedures to determine, measure, or otherwise
describe the presence or absence of various substances or
organisms in the body. (2) "Clinical laboratory services" does not include the
mere collection or preparation of specimens. (B) "Designated health services" means any of the
following: (1) Clinical laboratory services; (2) Home health care services; (3) Outpatient prescription drugs. (C) "Fair market value" means the value in arms-length
transactions, consistent with general market value and: (1) With respect to rentals or leases, the value of rental
property for general commercial purposes, not taking into account
its intended use; (2) With respect to a lease of space, not adjusted to
reflect the additional value the prospective lessee or lessor
would attribute to the proximity or convenience to the lessor if
the lessor is a potential source of referrals to the lessee. (D) "Governmental health care program" means
any program
providing health care benefits that is administered by the
federal government, this state, or a political subdivision of
this state, including the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, health care coverage for public
employees, health care benefits administered by the bureau of
workers' compensation, the medical assistance program established
under Chapter 5111. of the Revised Code, and the disability medical
assistance program established
under Chapter 5115. of the Revised Code. (E)(1) "Group practice" means a group of two
or more
holders of certificates under this chapter legally organized as a
partnership, professional corporation or association, limited liability
company, foundation, nonprofit corporation, faculty practice plan,
or similar group practice entity, including an organization comprised of a
nonprofit medical clinic that contracts with a professional
corporation or association of physicians to provide medical
services exclusively to patients of the clinic in order to comply
with section 1701.03 of the Revised Code
and including a corporation, limited liability company,
partnership, or professional association described in division
(B) of section 4731.226 of the Revised Code formed
for the purpose of providing a combination of the professional services of
optometrists who are licensed, certificated, or otherwise legally authorized
to practice optometry under Chapter 4725. of the Revised
Code, chiropractors who
are licensed, certificated, or otherwise legally authorized to practice
chiropractic or acupuncture under Chapter 4734. of the Revised Code,
psychologists who are licensed, certificated, or
otherwise legally authorized to practice psychology under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses who are licensed, certificated, or otherwise
legally authorized to practice nursing under
Chapter 4723. of the Revised Code,
pharmacists who are licensed,
certificated, or otherwise legally authorized to practice
pharmacy under Chapter 4729. of
the Revised Code, physical
therapists who are licensed, certificated, or otherwise legally
authorized to practice physical therapy under sections 4755.40
to 4755.56 of the Revised
Code, occupational therapists who are licensed, certificated, or otherwise legally authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code,
mechanotherapists who are licensed, certificated, or
otherwise legally authorized to practice mechanotherapy under
section 4731.151 of the Revised
Code,
and doctors of
medicine and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery who are licensed, certificated, or otherwise legally authorized
for their respective practices under this chapter, to which all of the
following apply: (a) Each physician who is a member of the group practice
provides substantially the full range of services that the
physician routinely provides, including medical care,
consultation, diagnosis, or treatment, through the joint use of
shared office space, facilities, equipment, and personnel. (b) Substantially all of the services of the members of the group are
provided
through the group and
are billed in the name of the group and amounts so received are
treated as receipts of the group. (c) The overhead expenses of and the income from the
practice are distributed in accordance with methods previously
determined by members of the group. (d) The group practice meets any other requirements that
the state medical board applies in rules adopted under section
4731.70 of the Revised Code. (2) In the case of a faculty practice plan associated with
a hospital with a medical residency training program in which
physician members may provide a variety of specialty services and
provide professional services both within and outside the group,
as well as perform other tasks such as research, the criteria in
division (E)(1) of this section apply only
with respect to
services rendered within the faculty practice plan. (F) "Home health care services" and
"immediate family" have the same meanings as in
the rules adopted under section 4731.70 of the Revised Code. (G) "Hospital" has the same meaning as in section
3727.01 of the Revised Code. (H) A "referral" includes both of the following: (1) A request by a holder of a certificate under this
chapter for an item or service, including a request for a
consultation with another physician and any test or procedure
ordered by or to be performed by or under the supervision of the
other physician; (2) A request for or establishment of a plan of care by a
certificate holder that includes the provision of designated health services. (I) "Third-party payer" has the same meaning
as in section 3901.38 of the Revised Code.
Sec. 4732.28. (A) An individual whom the state board of
psychology licenses, certificates, or otherwise legally authorizes to engage
in the practice of psychology may render the professional services of a
psychologist 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 from rendering
professional services as a psychologist 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
board of psychology 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 or acupuncture under
Chapter 4734. of the Revised Code; (3) Psychologists who are authorized to practice
psychology under this chapter; (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 4755.56 of the
Revised
Code; (7) Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the
Revised
Code; (9) 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 code of ethics applicable to a psychologist
that
prohibits a psychologist from engaging in
the practice of psychology in combination with a person who is
licensed, certificated, or otherwise legally authorized to
practice optometry, chiropractic, acupuncture through the state chiropractic board, nursing, pharmacy, physical therapy, occupational 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 to engage in the
practice of psychology.
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 acupuncture under this chapter and
to administer and enforce this chapter. The
rules shall be
adopted in accordance
with Chapter 119. of the Revised Code.
Sec. 4734.141. Except for individuals described in section 4762.02 of the Revised Code, no person who holds a license to practice chiropractic issued by the state chiropractic board shall engage in the practice of acupuncture unless the person holds a valid certificate to practice acupuncture issued by the board under section 4734.283 of the Revised Code. Sec. 4734.142. No person who holds a certificate to practice acupuncture issued by the state chiropractic board under section 4734.283 of the Revised Code shall do any of the following:
(A) Perform an acupuncture service that is beyond the scope of the person's education, training, and experience;
(B) Advertise or otherwise represent to the public that the person is engaged in the practice of oriental medicine;
(C) Permit an employee or assistant, other than an individual described in section 4762.02 of the Revised Code, to do either of the following:
(1) Insert, stimulate, or remove acupuncture needles;
Sec. 4734.15. (A) The license provided for
in this
chapter
shall entitle the holder thereof to practice chiropractic
in this
state. 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, any or all of
which is included in the practice of
chiropractic. (2) The practice of chiropractic does not permit the a
chiropractor to treat infectious, contagious, or venereal
disease,
to perform surgery or acupuncture, or to prescribe or
administer
drugs for treatment. (3) Except as provided in division (B) of this section, the practice of chiropractic does not permit a chiropractor to perform acupuncture. (4) A chiropractor may use roentgen rays
only for
diagnostic purposes.
(4)(5) The practice of chiropractic does
not include the
performance of abortions.
(B) A chiropractor who holds a valid certificate to practice acupuncture issued under section 4734.283 of the Revised Code is authorized to perform acupuncture.
(C) An individual holding a valid, current license to
practice chiropractic is entitled to use
the
title
"doctor,"
"doctor of chiropractic,"
"chiropractic physician," or
"chiropractic" and is a
"physician"
for the purposes of Chapter
4123. 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 and acupuncture under this chapter. 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. 4734.17. (A) An individual whom the
state
chiropractic
board licenses to engage
in the
practice of
chiropractic or certifies to practice acupuncture may render the professional services of a
chiropractor or chiropractor certified to practice acupuncture 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 a
chiropractor from rendering
professional services as a
chiropractor or chiropractor certified to practice acupuncture
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 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 or acupuncture 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 4755.56 of the
Revised
Code; (7) Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the
Revised
Code; (9) 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 any
code of ethics established or adopted under section
4734.16 of
the Revised Code that
prohibits an individual from engaging in the
practice
of chiropractic or acupuncture in combination with an individual who
is
licensed, certificated, or
otherwise authorized for the practice
of optometry, psychology, nursing,
pharmacy, physical therapy, occupational therapy,
mechanotherapy, medicine and
surgery, osteopathic medicine and
surgery, or podiatric medicine
and surgery, but who is not also
licensed 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 and acupuncture under this chapter.
Sec. 4734.211. (A) In consultation with the state medical board, the state chiropractic board shall approve courses of study in acupuncture that prepare a chiropractor licensed under this chapter to receive a certificate to practice acupuncture issued under section 4732.283 of the Revised Code. (B) To be approved, a course of study must require the successful completion of at least three hundred hours of instruction. Of the three hundred hours of instruction, at least two hundred hours must consist of direct clinical instruction that covers all of the following: (1) Application of acupuncture techniques;
(2) An introduction to traditional Chinese acupuncture;
(4) Applications of acupuncture in modern western medicine;
(5) Guidelines on safety in acupuncture;
(6) Treatment techniques. (C) In determining whether to approve a course of study, the state chiropractic board shall take into consideration the qualifications of the entity that administers the course of study. The board may approve a course of study that is administered by any of the following:
(1) A school or college of chiropractic that has been approved by a national entity acceptable to the board;
(2) An institution with an acupuncture program that is accredited by the accreditation commission for acupuncture and oriental medicine;
(3) A school or college of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;
(5) An institution that holds a certificate of authorization from the board of regents;
(6) An institution that holds program authorization from the state board of career colleges and schools under section 3332.05 of the Revised Code.
Sec. 4734.28. As used in sections 4734.28 to 4734.286 of the Revised Code:
(A) "Acupuncture" means a form of health care performed by the insertion and removal of specialized needles, with or without the application of moxibustion or electrical stimulation, to specific areas of the human body.
(B) "Moxibustion" means the use of an herbal heat source on one or more acupuncture points.
Sec. 4734.281. Except in cases where a chiropractor holds a certificate issued under section 4762.04 of the Revised Code or is an individual described in division (B) of section 4762.02 of the Revised Code, a chiropractor licensed under this chapter shall not engage in the practice of acupuncture unless the chiropractor holds a valid certificate to practice acupuncture issued by the state chiropractic board under this chapter.
Sec. 4734.282. (A) A chiropractor licensed under this chapter seeking a certificate to practice acupuncture shall file with the state chiropractic board a written application on a form prescribed and supplied by the board. The application shall include all of the following:
(1) Evidence satisfactory to the board that the applicant's license is current and valid and that the applicant is in good standing with the board;
(2) Evidence satisfactory to the board that the applicant has completed a course of study in acupuncture approved by the board in accordance with section 4734.211 of the Revised Code. (3) Evidence satisfactory to the board that the applicant has passed the acupuncture examination administered by the national board of chiropractic examiners or a person that administers the examinations on the national board's behalf.
(B) The board shall review all applications received under this section. The board shall determine whether an applicant meets the requirements to receive a certificate to practice acupuncture not later than sixty days after receiving a complete application. The affirmative vote of not fewer than three members of the board is required to determine that an applicant meets the requirements for a certificate.
(C) At the time of making application for a certificate to practice acupuncture, the applicant shall pay the board a fee in an amount determined by the board pursuant to rules adopted under section 4734.10 of the Revised Code, no part of which shall be returned.
Sec. 4734.283. If the state chiropractic board determines under section 4734.282 of the Revised Code that an applicant meets the requirements for a certificate to practice acupuncture, the executive director of the board shall issue to the applicant a certificate to practice acupuncture. The certificate shall expire annually. It may be renewed in accordance with section 4734.284 of the Revised Code.
Sec. 4734.284. A chiropractor seeking to renew a certificate to practice acupuncture shall follow the standard renewal procedures of Chapter 4745. of the Revised Code and do all of the following:
(A) Furnish the state chiropractic board with satisfactory evidence that the chiropractor completed, during the twenty-four months immediately preceding renewal, at least twelve hours of acupuncture continuing education provided by an entity that administers a course of study approved under section 4734.211 of the Revised Code;
(B) Certify to the board that the chiropractor remains in good standing with the board and has not engaged in any conduct for which the board may take action under division (C) of section 4734.31 of the Revised Code;
(C) Pay a renewal fee in an amount determined by the board pursuant to rules adopted under section 4734.10 of the Revised Code.
Sec. 4734.285. A chiropractor who holds a certificate to practice acupuncture issued under this chapter may represent or advertise the chiropractor to be a "chiropractor certified by the state chiropractic board to practice acupuncture." Unless the chiropractor holds a license issued under section 4762.04 of the Revised Code, the chiropractor shall not represent or advertise the chiropractor as holding any of the titles listed in section 4762.08 of the Revised Code.
This section does not prohibit a chiropractor from using any of the titles listed in division (C) of section 4734.15 of the Revised Code.
Sec. 4734.286. (A) A chiropractor who holds a certificate to practice acupuncture issued under this chapter who intends not to practice acupuncture in this state for an extended period of time may send to the state chiropractic board written notice to that effect on or before the certificate renewal date. If the chiropractor's certificate is in good standing and the chiropractor is not under disciplinary review pursuant to section 4734.31 of the Revised Code, the board shall classify the certificate as inactive and the chiropractor may not engage in the practice of acupuncture in this state or make any representation to the public indicating that the chiropractor is actively certified to practice acupuncture under this chapter. A chiropractor whose certificate to practice acupuncture is classified as inactive is not required to pay the certificate renewal fee for the certificate.
(B) The holder of an inactive certificate to practice acupuncture may apply to the board to have the certificate restored. The board shall consider the length of inactivity and, in accordance with the conditions for issuance of a license to practice chiropractic established under section 4734.20 of the Revised Code and the requirements for issuance of a certificate to practice acupuncture established under section 4734.282 of the Revised Code, the moral character and the activities of the applicant during the inactive period. The board may impose terms and conditions on restoration of the certificate by doing any of the following: (1) Requiring the applicant to obtain training, which may include requiring the applicant to pass an examination on 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. 4734.31. (A) The
state
chiropractic board may
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 or a certificate to practice acupuncture; (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
Chapter 119. of
the
Revised Code. (5) Suspend a license to practice chiropractic or a certificate to practice acupuncture for a limited or indefinite period; (6) Revoke a license to practice chiropractic or a certificate to practice acupuncture. (C) The board may take the actions specified in division
(B)
of this section
for any of the following reasons: (1)
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 in any jurisdiction, in
which
case a
certified
copy of the court record shall be conclusive evidence of
the conviction; (2)
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 and the practice of acupuncture by a chiropractor licensed under this chapter; (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, the practice of acupuncture without a certificate, 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 or acupuncture,
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; (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 to practice chiropractic or certificate to practice acupuncture 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
that the person is rendered
unfit for the
practice of
chiropractic or acupuncture; (17) Inability to practice chiropractic or acupuncture
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 or acupuncture, 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 or gross malpractice, or
willful
or gross neglect, in the practice of chiropractic or acupuncture; (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 or acupuncture, 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 or acupuncture safely and
skillfully; (25) Practicing, or claiming to be capable of
practicing,
beyond the scope of the practice of chiropractic
or acupuncture as established
under this chapter and the rules adopted under this chapter; (26) Accepting and performing professional responsibilities
as a chiropractor or chiropractor with a certificate to practice acupuncture 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 or chiropractor with a certificate to practice acupuncture 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 or chiropractor with a certificate to practice acupuncture 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; (31) Making misleading, deceptive, false, or
fraudulent
representations in the practice of chiropractic or acupuncture; (32) Being guilty of false, fraudulent, deceptive, or
misleading
advertising or other solicitations for patients or
knowingly
having professional
connection with any person
that
advertises or solicits for patients in such a manner; (33) Violation of a
provision of any code of ethics
established or adopted by
the
board under section 4734.16 of the
Revised Code; (34) Failing to meet the examination
requirements for
receipt of a license specified under section 4734.20 of
the
Revised Code; (35) Actions taken for any reason, other
than nonpayment of
fees, by the chiropractic or acupuncture 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
or acupuncture 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 chiropractor; (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. (38) Failure to supervise an acupuncturist in accordance with the provisions of section 4762.11 of the Revised Code that are applicable to the supervising chiropractor of an acupuncturist. (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 to practice chiropractic or certificate to practice acupuncture 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 in the practice of chiropractic or acupuncture. 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 taken pursuant to division
(C)(37)
of this section against any
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
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. 4734.311. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the state chiropractic board shall
comply with sections 3123.41 to 3123.50 of the Revised Code and
any applicable rules adopted under section 3123.63 of the Revised
Code with respect to a license to practice chiropractic or certificate to practice acupuncture issued pursuant to this chapter.
Sec. 4734.34.
An individual subject to an action taken
under section 4734.31
of the Revised Code, other than permanent
revocation of a license to practice chiropractic or certificate to practice acupuncture, may apply to the state chiropractic
board
to have the individual's license or certificate restored
to good standing. 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, as
established under section
4734.20 of the Revised
Code, or the standards for issuance of a certificate to practice acupuncture, as established under section 4734.282 of the Revised Code. The
board may impose terms and
conditions
on restoration of the license or certificate by doing any of the
following: (A) Requiring the applicant to obtain training, which
may
include requiring the applicant to pass an examination upon
completion of 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.
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 to practice chiropractic is automatically
suspended as of the date of the guilty plea or
conviction. If applicable, the chiropractor's certificate issued under this chapter to practice acupuncture is automatically suspended at the same time.
Continued practice after suspension under this section shall
be
considered practicing chiropractic without a license and, if applicable, acupuncture without a certificate. 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 and, if applicable, certificate to practice acupuncture 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 and, if applicable, certificate to practice acupuncture.
Sec. 4734.37. If the state chiropractic
board determines
that there is clear and convincing evidence
that a person who has
been granted a license to practice chiropractic and, if applicable, certificate to practice acupuncture under
this chapter has committed an act
that subjects the person's
license and, if applicable, certificate to board action under
section
4734.31 of the Revised Code and that the
person's continued
practice presents a
danger of immediate and
serious harm to the
public, the board may suspend the
license and, if applicable, certificate 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 person subject to the
suspension
requests an adjudication by
the board, the date set for the
adjudication shall be
within twenty days, but not earlier than
seven days,
after the request, unless otherwise agreed to by both
the board
and the 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
4734.31
and Chapter 119. of the Revised Code becomes
effective.
The board
shall issue its final adjudicative order within sixty
days after
completion of its 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. 4734.38. If any person who has been granted a
license to practice chiropractic and, if applicable, certificate to practice acupuncture
under this chapter is adjudged by
a probate court to be mentally
ill or mentally incompetent, the person's
license and, if applicable, certificate shall be
automatically suspended
until the person has filed
with the state
chiropractic board a certified copy of
an adjudication by a
probate court of being restored to
competency or has submitted to
the board proof, satisfactory to the board, of having been
discharged as
being restored to competency in the manner
and form
provided in section 5122.38 of the Revised Code. The judge of
the court shall forthwith
notify the board of an adjudication of
mental illness or mental
incompetence.
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 to practice chiropractic or certificate to practice acupuncture
under this chapter accepts the privilege of
practicing
chiropractic and, if applicable, acupuncture 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 to practice chiropractic and, if applicable, certificate to practice acupuncture 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 or certificate 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 and, if applicable, acupuncture under this chapter. 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 and, if applicable, certificate 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. 4734.47. (A) The
executive
director of the state
chiropractic board shall
function as the chief enforcement
officer of the board and shall
enforce
the laws relating to the
practice of chiropractic and acupuncture under this chapter. If the
executive director has
knowledge or
notice of a violation of those laws, the executive
director shall
investigate the
matter 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
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 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. 4734.49. (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)(1) 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.
(2) Except for the practice of acupuncture by persons described in section 4762.02 of the Revised Code and persons who hold certificates issued under section 4762.04 of the Revised Code, the practice of acupuncture by any person not at that time holding a valid and current certificate to practice acupuncture 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 to practice chiropractic or certified to practice acupuncture 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. 4734.55. The state chiropractic
board shall
provide a
duplicate license to practice chiropractic or certificate to practice acupuncture to a license or certificate holder
on payment of a
fee of
forty-five dollars. Upon written request and the payment of a fee of ninety-five
dollars, the board shall provide
to any
person a list of persons
holding
licenses to practice
chiropractic or certificates to practice acupuncture, as indicated in its
register maintained pursuant to
section 4734.04 of the Revised
Code. Upon written request from the licensee holder of a license or certificate issued under this chapter for the board's certification of information pertaining to the license or certificate,
and the payment of a
fee of twenty dollars, the board shall issue its certification of
licensure the information to the person identified by the licensee or certificate holder in the request.
Sec. 4734.99. (A) Whoever violates section 4734.14 or 4734.141
of the
Revised
Code is guilty of a felony of the
fifth degree on a
first offense, 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 4734.161 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. 4755.471. (A) An individual whom the physical therapy
section of the Ohio occupational therapy, physical therapy, and
athletic trainers board licenses, certificates, or otherwise legally
authorizes to engage
in the practice of physical therapy may render the professional services of a
physical therapist 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 from rendering
professional services as a physical therapist 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
sections 4755.40 to 4755.53 of the Revised Code, another
chapter of the Revised Code, or rules of the Ohio
occupational therapy, physical therapy, and athletic trainers board adopted
pursuant to sections 4755.40 to 4755.53 of the Revised Code. (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 or acupuncture under
Chapter 4734. of the Revised Code; (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 4755.56 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 code of ethics applicable to a physical therapist
that
prohibits a physical therapist from engaging in
the practice of physical therapy in combination with a person who is
licensed, certificated, or otherwise legally authorized to
practice optometry, chiropractic, acupuncture through the state chiropractic board, psychology, nursing, pharmacy,
mechanotherapy, medicine and
surgery,
osteopathic
medicine and surgery,
or podiatric medicine and surgery, but who is not also licensed,
certificated, or otherwise legally authorized to engage in the
practice of physical therapy.
Sec. 4762.01. As used in this chapter: (A) "Acupuncture" means a form of health care performed by the
insertion and removal of specialized needles, with or without
the application of moxibustion or electrical stimulation, to specific areas of
the human body. (B) "Chiropractor" means an individual licensed under Chapter 4734. of the Revised Code to engage in the practice of chiropractic. (C) "Moxibustion" means the use of an herbal heat source on one
or more acupuncture points. (C)(D) "Physician" means an individual authorized under
Chapter 4731. of the Revised Code to practice medicine and surgery,
osteopathic
medicine and surgery, or podiatry.
Sec. 4762.02. (A) Except as provided in division (B) of
this section, no person shall engage in the practice of
acupuncture
unless the person holds a valid certificate of
registration as an
acupuncturist issued by the
state
medical board
under this chapter. (B) Division (A) of this
section does
not apply to a the following: (2) A person who performs acupuncture as part of a
training program in
acupuncture operated by an educational
institution that holds an
effective certificate of authorization
issued by the Ohio board of
regents under section 1713.02 of the
Revised Code or a
school that
holds an effective certificate of
registration issued by the state board of
career colleges and schools under section 3332.05 of
the
Revised Code; (3) A chiropractor who holds a certificate to practice acupuncture issued by the state chiropractic board under section 4734.283 of the Revised Code.
Sec. 4762.09. An acupuncturist who holds a certificate of registration issued under this chapter shall conspicuously display at the
acupuncturist's primary place of business both of the following: (A) A The acupuncturist's certificate of registration issued by the state medical
board under this chapter, as evidence that the acupuncturist is authorized to
practice
acupuncture in this state; (B) A notice specifying that the practice of acupuncture under the certificate of registration is
regulated by the state medical board and the address and telephone
number of the board's office.
Sec. 4762.10. All of the following apply to the practice of a
person who holds a certificate of registration as an acupuncturist issued
under this chapter: (A) The acupuncturist shall perform acupuncture for a patient
only if the patient has received a physician's written referral or
prescription for acupuncture from a physician or chiropractor. As specified in the referral or
prescription, the acupuncturist shall provide reports to the
physician or chiropractor on the patient's condition or progress in treatment and
comply with the conditions or restrictions on the acupuncturist's
course of treatment. (B) The acupuncturist shall perform acupuncture
under the
general supervision of the patient's referring or prescribing physician or chiropractor.
General
supervision does not
require that the acupuncturist and physician or chiropractor practice in the same
office. (C) Prior to treating a patient, the acupuncturist shall
advise the patient that acupuncture is not a substitute for conventional
medical diagnosis and treatment. (D) On initially meeting a patient in person, the
acupuncturist shall provide in writing the acupuncturist's name, business
address, and business telephone number,
and information on acupuncture, including the
techniques that are used. (E) While treating a patient,
the acupuncturist shall not make a diagnosis. If a patient's condition
is not improving or a patient requires emergency medical treatment, the
acupuncturist shall consult promptly with the supervising a
physician. (F) An acupuncturist shall maintain records for each
patient treated.
In each patient's records,
the acupuncturist shall include the written
referral or prescription pursuant to which the acupuncturist is
treating the patient.
The records shall be confidential and shall be retained for
not less than three years following termination of treatment.
Sec. 4762.11. All of the following apply to an acupuncturist's supervising
physician or chiropractor for a
patient: (A) Before making the referral or prescription for acupuncture,
the physician
shall perform a medical diagnostic examination of the patient or review the
results of a medical diagnostic examination recently performed by another
physician, or, in the case of a chiropractor, the chiropractor shall perform a chiropractic diagnostic examination of the patient or review the results of a chiropractic diagnostic examination recently performed by another chiropractor. (B) The physician or chiropractor shall make the referral or prescription in
writing and specify in the referral or prescription all of the
following: (1) The physician's or chiropractor's diagnosis of the ailment or condition that
is to be treated by acupuncture; (2) A time by which or the intervals at which the acupuncturist
must provide reports to the physician or chiropractor regarding the patient's condition or
progress in treatment; (3) The conditions or restrictions placed in accordance with division
(C) of this section
on the acupuncturist's course of treatment. (C) The physician shall place
conditions or restrictions on the
acupuncturist's course of treatment in compliance with accepted or
prevailing standards of medical care, or, in the case of a chiropractor, the chiropractor shall place conditions or restrictions on the acupuncturist's course of treatment in compliance with accepted or prevailing standards of chiropractic care. (D) The physician or chiropractor shall
be personally available for consultation with the acupuncturist. If the
physician or chiropractor is not on the premises at which
acupuncture is performed, the physician or chiropractor shall be readily available to the
acupuncturist through
some means of telecommunication and be in a location that under normal
circumstances is not more than sixty minutes travel time away from the
location where the acupuncturist is practicing.
Sec. 4762.12. In the case of a patient with a claim under Chapter
4121. or 4123. of the Revised Code, an acupuncturist's supervising physician or chiropractor is eligible to
be reimbursed for referring the patient to an acupuncturist or prescribing
acupuncture for the patient only if the physician or chiropractor has attained knowledge in
the treatment of patients with acupuncture, demonstrated by successful
completion of a course of study in acupuncture administered by a college of
medicine, osteopathic medicine, or podiatric medicine, or chiropractic acceptable to the bureau
of workers' compensation or administered by another entity acceptable to the
bureau.
Sec. 4762.18. The (A) Subject to division (E) of this section, 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 either directly or by complicity in the practice of acupuncture
without having first obtained
a certificate of registration to do so pursuant to this chapter, may, 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 acupuncture by
applying for an injunction in any court of competent
jurisdiction. (B) Prior to application for an injunction under division (A) of this section, the secretary of
the state medical board shall notify the person allegedly engaged either
directly or by complicity in the unlawful practice of acupuncture
by
registered mail that the secretary has received information
indicating that this person is so engaged. The 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 this chapter. 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. (C) 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. (D) Injunction proceedings as authorized by this section shall be in addition to, and
not in lieu of, all penalties and other remedies provided in
this chapter.
(E) An injunction proceeding permitted by division (A) of this section may not be maintained against a person described in division (B) of section 4762.02 of the Revised Code or a chiropractor who holds a valid certificate to practice acupuncture issued under section 4734.283 of the Revised Code.
Section 2. That existing sections 1701.03, 1705.03, 1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 1785.08, 3715.87, 3715.871, 3715.872, 3715.873, 4723.16, 4725.33, 4729.161, 4731.226, 4731.23, 4731.65, 4732.28, 4734.10, 4734.15, 4734.16, 4734.17, 4734.19, 4734.31, 4734.311, 4734.34, 4734.36, 4734.37, 4734.38, 4734.39, 4734.47, 4734.49, 4734.50, 4734.55, 4734.99, 4755.471, 4762.01, 4762.02, 4762.09, 4762.10, 4762.11, 4762.12, and 4762.18 of the Revised Code are hereby repealed. Section 3. Section 4725.33 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 553 and Sub. H.B. 698 of the 122nd General Assembly. Section 4734.311 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Sub. H.B. 506 and Am. Sub. S.B. 180 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composites are the resulting
version of
the sections in effect prior to the effective date of
the sections
as presented in this act.
|