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H. B. No. 442 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Slesnick, Wachtmann, Hagan, Letson, Goodwin, Adams, J., Ujvagi
A BILL
To amend section 4759.02 and to enact sections
4783.01 to 4783.05 of the Revised Code regarding
the provision of complementary or alternative
health services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4759.02 be amended and sections
4783.01, 4783.02, 4783.03, 4783.04, and 4783.05 of the Revised
Code be enacted to read as follows:
Sec. 4759.02. (A) Except as otherwise provided in this
section or in section 4759.10 of the Revised Code, no person shall
practice, offer to practice, or hold himself the person's self
forth to practice dietetics unless he the person has been licensed
under section 4759.06 of the Revised Code.
(B) Except for a licensed dietitian holding an inactive
license who does not practice or offer to practice dietetics, or a
person licensed under section 4759.06 of the Revised Code, or as
otherwise provided in this section or in section 4759.10 of the
Revised Code:
(1) No, no person shall use the title "dietitian"; and
(2) No person except for a person licensed under Chapters
4701. to 4755. of the Revised Code, when acting within the scope
of their practice, shall use any other title, designation, words,
letters, abbreviation, or insignia or combination of any title,
designation, words, letters, abbreviation, or insignia tending to
indicate that the person is practicing dietetics."
(C) Notwithstanding division (B) of this section, a person
who is a dietitian registered by the commission on dietetic
registration and who does not violate division (A) of this section
may use the designation "registered dietitian" and the
abbreviation "R.D."
(D) Division (A) of this section does not apply to:
(1) A student enrolled in an academic program that is in
compliance with division (A)(5) of section 4759.06 of the Revised
Code who is engaging in the practice of dietetics under the
supervision of a dietitian licensed under section 4759.06 of the
Revised Code or a dietitian registered by the commission on
dietetic registration, as part of the academic program;
(2) A person participating in the pre-professional experience
required by division (A)(6) of section 4759.06 of the Revised
Code;
(3) A person holding a limited permit under division (F) of
section 4759.06 of the Revised Code.
(E) Divisions (A) and (B) of this section do not apply to a
person who performs no more than fifteen days of dietetic practice
in the state and who meets at least one of the following
requirements:
(1) The Ohio board of dietetics determines that he the person
is licensed in another state with licensure requirements
equivalent to or more stringent than those set forth in this
chapter;
(2) He The person is a dietitian registered by the commission
on dietetic registration and resides in another state that either
has no dietitian licensure requirements or has licensure
requirements less stringent than those set forth in this chapter.
Sec. 4783.01. As used in this chapter:
(A) "Bodywork" means any of the following:
(1) The practice of manually massaging only the hands, feet,
or ears;
(3) Cranial sacral therapy;
(5) The use of touch, words, or directed movement to deepen
awareness of existing patterns of body movement, or to suggest new
possibilities of movement, including the Feldenkrais method of
somatic education, the Rolf institute's Rolf movement integration,
and the Trager approach;
(6) The use of touch to affect the body's energy systems,
acupoints, or qi meridians, including Asian bodywork therapy,
acupressure, jin shin do, reiki, qigong, shiatsu, touch for
health, and tui na.
(B) "Complementary or alternative health care practitioner"
means an individual who provides complementary or alternative
health care services to a client and who either is not a licensed
health care professional or, if an individual is a licensed health
care professional, the individual is not holding the individual's
self out as a licensed health care professional when providing
services.
(C) "Complementary or alternative health care services" means
the broad domain of health care and healing practices that may or
may not be provided in addition to or in place of prevailing or
conventional treatment options, as long as those health care and
healing practices do not include any of the activities prohibited
under section 4783.02 of the Revised Code. "Complementary or
alternative health care services" includes, but is not limited to,
all of the following:
(4) Culturally traditional healing practices and healing
traditions, including such practices and traditions that employ
the use of plant medicines and foods, prayer, ceremony, or song;
(5) Detoxification practices and therapies;
(10) Healing practices utilizing food, dietary supplements,
nutrients, and the physical forces of heat, cold, water, touch,
and light;
(12) Herbology or herbalism;
(15) Mind-body healing practices;
(18) Noninvasive instrumentalities;
(19) Polarity, polarity therapy, or polarity bodywork
therapy;
(20) Holistic kinesiology and other muscle testing
techniques;
(D) "Dangerous drug," "drug," and "licensed health
professional authorized to prescribe drugs" have the same meanings
as in section 4729.01 of the Revised Code.
(E) "Licensed health care professional" means an individual
who holds a current, valid license or certificate issued under
Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734.,
4755., 4759., 4762., or 4779. of the Revised Code.
(F) "Executive agency" means a board, commission, agency,
department, or similar entity that is part of the executive branch
of state government.
Sec. 4783.02. No complementary or alternative health care
practitioner shall do any of the following:
(A) Perform surgery or any other procedure that punctures the
skin;
(B) Perform any adjustment of the articulation of the joints
or spine of any individual;
(C) Use or recommend any procedure involving ionizing
radiation as defined in section 4773.01 of the Revised Code;
(D) Provide a medical diagnosis of a disease;
(E) Provide diagnosis or treatment of a physical or mental
health condition of an individual if the diagnosis or treatment
poses to that individual a recognizable and imminent risk of
significant and discernible direct physical or mental harm;
(F) Counsel any individual to disregard the instruction or
counsel of a licensed health care professional;
(G) Counsel any individual to discontinue use of any
dangerous drug, drug, or therapeutic device prescribed to the
individual by a licensed health professional authorized to
prescribe drugs;
(H) Administer or prescribe any dangerous drug;
(I) Hold out, state, indicate, advertise, or otherwise imply
to any person that the practitioner is licensed by this state to
practice as a licensed health care professional unless the
practitioner is licensed;
(J) Perform or provide enteral or parenteral nutrition;
(L) Set a fracture of a bone;
(M) Perform bodywork or similar complementary or alternative
health care services in a manner that would constitute the
practice of massage therapy as regulated by the state medical
board under section 4731.15 of the Revised Code;
(N) Provide or perform an abortion;
(O) Insert intrauterine devices;
(P) Provide complementary or alternative health care services
to a person who is less than eighteen years of age without the
consent of the person's parent or legal guardian, except when the
person who is less than eighteen years of age is emancipated.
Sec. 4783.03. A complementary or alternative health care
practitioner shall do all of the following:
(A) Prior to providing complementary or alternative health
care services to an individual for the first time, provide a
plainly worded, written document to the recipient of the services
that discloses all of the following information:
(1) The nature of services to be provided;
(2) The degrees, training, experience, credentials, or other
qualifications held by the practitioner with regard to the
services to be provided;
(3) If the practitioner is not a licensed health care
professional, the following statement, printed clearly in not less
than eleven-point font, that reads verbatim:
"I AM NOT LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED BY THE
STATE OF OHIO TO PRACTICE A HEALTH CARE PROFESSION. I AM NOT A
MEDICAL DOCTOR, PHYSICIAN, OR ANY OTHER HEALTH CARE PROFESSIONAL
LICENSED BY THE STATE. THE STATE HAS NOT ADOPTED ANY EDUCATIONAL
OR TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR
ALTERNATIVE HEALTH CARE PRACTITIONERS."
(4) If the practitioner also is a licensed health care
professional, the following statement, printed clearly in not less
than eleven-point font, that reads:
"I HOLD THE FOLLOWING LICENSES AND CERTIFICATIONS ISSUED BY
THE STATE OF OHIO: (list of licenses and certificates). HOWEVER, I
AM PROVIDING MY SERVICES TO YOU AS A COMPLEMENTARY OR ALTERNATIVE
HEALTH CARE PRACTITIONER AND I AM NOT PROVIDING SERVICES AS A
LICENSED HEALTH CARE PROFESSIONAL. THE STATE HAS NOT ADOPTED ANY
EDUCATION OR TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR
ALTERNATIVE HEALTH CARE PRACTITIONERS."
(5) A statement that describes the following:
(a) Any agreement or other arrangement between the
practitioner and another complementary or alternative health care
practitioner or between the practitioner and a licensed health
care professional whereby that practitioner derives a financial or
other benefit;
(b) The nature of any benefit resulting from an agreement or
arrangement described in division (A)(5)(a) of this section.
(B) Obtain from the recipient of the services a written
acknowledgment that the recipient has been provided a document
disclosing all the information required to be disclosed pursuant
to division (A) of this section;
(C) Provide the recipient of the services with a copy of the
acknowledgment described in division (B) of this section;
(D) Maintain the acknowledgment described in division (B) of
this section from every recipient of the practitioner's services
for at least two years after the date that a recipient receives
services from the practitioner for the final time.
Sec. 4783.04. (A) Notwithstanding any provision of the
Revised Code to the contrary, including, but not limited to, any
provision of Chapter 4715., 4723., 4725., 4729., 4730., 4731.,
4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code, a
complementary or alternative health care practitioner is not
considered to have violated a provision of this chapter or Chapter
4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755.,
4759., 4762., or 4779. of the Revised Code unless the practitioner
commits an act described in section 4783.02 of the Revised Code or
fails to comply with section 4783.03 of the Revised Code.
(B) An executive agency that receives a complaint against a
practitioner shall do both of the following:
(1) If it determines that the subject matter of the complaint
falls under the jurisdiction of another executive agency, refer
the complaint to the appropriate executive agency.
(2) If it determines that the subject matter of the complaint
falls under its jurisdiction, conduct a preliminary investigation
of the complaint to determine whether the practitioner who is the
subject of the complaint violated section 4783.02 or failed to
comply with section 4783.03 of the Revised Code.
(C) If the preliminary investigation conducted pursuant to
division (B) of this section does not reveal that a violation or
failure to comply occurred, the executive agency shall not pursue
the matter further.
(D) If the preliminary investigation conducted pursuant to
division (B) of this section regarding an alleged failure of a
practitioner to comply with section 4783.03 of the Revised Code
reveals that the practitioner has failed to comply with that
section, the executive agency shall notify the practitioner of its
finding and request that the practitioner comply with the
requirements specified in that section.
(E) If the preliminary investigation conducted pursuant to
division (B) of this section regarding an alleged violation of
section 4783.02 of the Revised Code by a practitioner reveals that
the practitioner has engaged in an activity specified in that
section, or if a practitioner fails to comply with a request made
under division (D) of this section, the executive agency shall
address the matter in the same manner it addresses a matter
involving an individual who engages in an activity for which the
individual must have a license or certificate, including referring
the matter to the appropriate prosecutorial authority.
Sec. 4783.05. Nothing in this chapter modifies or changes the
scope of practice of any licensee or certificate holder under
Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734.,
4755., 4759., 4762., or 4779. of the Revised Code, nor does it
alter in any way the provisions of those chapters that prohibit
fraud and the exploitation of patients and that require licensees
and certificate holders to practice within their respective
standards of care.
This chapter does not apply to a person who is exempt from
the requirement to obtain a license or certificate pursuant to
Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734.,
4755., 4759., 4762., or 4779. of the Revised Code and by that
exemption is permitted to engage in the activities in which the
person wishes to engage.
This chapter does not apply to an individual authorized to
practice medicine and surgery or osteopathic medicine and surgery
under Chapter 4731. of the Revised Code who is engaging in
activities specified in section 4731.227 of the Revised Code in
accordance with that section.
This chapter does not apply to the delivery of babies or
post-delivery repairs.
Section 2. That existing section 4759.02 of the Revised Code
is hereby repealed.
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