To amend sections 4762.01, 4762.03, 4762.05, 4762.06, 4762.08, 4762.10, 4762.13, 4762.131, and 4762.19 and to enact section 4762.041 of the Revised Code to allow acupuncturists to practice with herbs.

Section 1.  That sections 4762.01, 4762.03, 4762.05, 4762.06, 4762.08, 4762.10, 4762.13, 4762.131, and 4762.19 be amended and section 4762.041 of the Revised Code be enacted to read as follows:

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) "Certificate endorsement" means the designation issued by the state medical board and included on a certificate to practice as an acupuncturist issued under this chapter demonstrating the board's determination that the certificate holder has met the requirements specified in section 4762.041 of the Revised Code and is authorized to include the following, as applicable, in the practice of acupuncture:

(1) The use of patent herbs, in the case of a person who has met the requirements specified in division (A)(1) or (2) of section 4762.041 of the Revised Code;

(2) The use of materia medica, in the case of a person who has met the requirements specified in division (A)(3) of section 4762.041 of the Revised Code.

(C) "Chiropractor" means an individual licensed under Chapter 4734. of the Revised Code to engage in the practice of chiropractic.

(C)(D)(1) "Materia medica" means herbs, including patent herbs; vitamins; minerals; organ extracts; homeopathics; or physiologic materials, any of which are used for energetic or physiologic therapy and in accordance with both of the following:

(a) Traditional or modern oriental medicine theory;

(b) Standards for oriental medicine or Chinese herbology, as those standards are established by the national certification commission for acupuncture and oriental medicine.

(2) The use of "materia medica" includes recommending, advising, or furnishing nonfraudulent information about herbs, vitamins, amino acids, carbohydrates, sugars, enzymes, food concentrates, food, food supplements, or dietary supplements.

(E) "Moxibustion" means the use of an herbal heat source on one or more acupuncture points.

(D)(F) "Patent herb" means an herb that is manufactured in the form of a pill, capsule, or tincture.

(G) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry.

Sec. 4762.03.  (A) An individual seeking a certificate to practice as an acupuncturist shall file with the state medical 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 is at least eighteen years of age and of good moral character;

(2) Evidence satisfactory to the board that the applicant has been designated as a diplomate in acupuncture by holds a current and active designation from the national certification commission for acupuncture and oriental medicine and that the designation is current and active; as a diplomate in acupuncture or a diplomate in oriental medicine.

(3) Any other information the board requires.

(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 not later than sixty days after receiving a complete application. The affirmative vote of not fewer than six 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, the applicant shall pay the board a fee of one hundred dollars, no part of which shall be returned.

Sec. 4762.041. (A)(1) In the case of a person who holds a certificate to practice as an acupuncturist issued under this chapter on or before the effective date of this section, the person may apply to the state medical board for a certificate endorsement to include the use of patent herbs in the practice of acupuncture.

To be eligible for the certificate endorsement, the person's application shall include evidence of both of the following:

(a) That the person holds a certificate to practice as an acupuncturist and it is in good standing;

(b) That the person has successfully completed both of the following through either an acupuncture education program accredited by the accreditation commission for acupuncture and oriental medicine or a continuing education study program approved by the national certification commission for acupuncture and oriental medicine:

(i) At least one hundred hours of classroom study;

(ii) In addition to the classroom study specified in division (A)(1)(b)(i) of this section, at least one fifteen-hour class in herb and drug interactions and contraindications.

(2) In the case of a person who was enrolled in a program of study at a school accredited by the accreditation commission for acupuncture and oriental medicine not more than six months prior to the effective date of this section, but during that time did not complete the coursework necessary to obtain designation as a diplomate in Chinese herbology or oriental medicine from the national certification commission for acupuncture and oriental medicine, the person may apply for a certificate endorsement to include the use of patent herbs in the practice of acupuncture by meeting the same educational requirements that an applicant must meet under division (A)(1)(b) of this section. The application may be submitted after receiving a certificate to practice as an acupuncturist or at the time of applying for a certificate to practice as an acupuncturist.

To be eligible for the certificate endorsement, the person's application shall include evidence of the following:

(a) If applicable, that the person holds a certificate to practice as an acupuncturist and it is in good standing;

(b) That the person has successfully completed the educational requirements specified in division (A)(1)(b) of this section.

(3) In the case of a person to whom division (A)(1) or (2) of this section does not apply, the person may apply for a certificate endorsement to include the use of materia medica in the practice of acupuncture. The application may be submitted after receiving a certificate to practice as an acupuncturist or at the time of applying for a certificate to practice as an acupuncturist.

To be eligible for the endorsement, the person's application shall include evidence of the following:

(a) If applicable, that the person holds a certificate to practice as an acupuncturist and it is in good standing;

(b) That the person has obtained designation as a diplomate in Chinese herbology or oriental medicine from the national certification commission for acupuncture and oriental medicine and the designation is current and valid.

(B) If the board determines that an applicant meets the applicable requirements specified in division (A) of this section, the board shall issue to the applicant the appropriate certificate endorsement to include the use of patent herbs or materia medica in the practice of acupuncture. If necessary, the board shall issue to the applicant a new certificate to practice as an acupuncturist.

If an applicant applies for an initial certificate endorsement at the time of applying under section 4762.03 of the Revised Code for an initial certificate to practice or under section 4762.06 of the Revised Code for renewal of a certificate to practice, the board shall not charge a fee for issuing the endorsement. If the applicant applies for an initial certificate endorsement at any other time, the board shall charge a fee for issuing the endorsement that is the same amount as the fee for issuing a duplicate certificate under section 4762.05 of the Revised Code.

(C) A certificate endorsement shall expire biennially and may be renewed in accordance with section 4762.06 of the Revised Code.

Sec. 4762.05.  Upon application by the holder of a certificate to practice as an acupuncturist, the state medical board shall issue a duplicate certificate to practice to replace one that is missing or damaged, to reflect a name change, to include a certificate endorsement issued under section 4762.041 of the Revised Code, or for any other reasonable cause. The fee for a duplicate certificate is thirty-five dollars.

Sec. 4762.06.  (A) A person seeking to renew a certificate to practice as an acupuncturist shall, on or before the thirty-first day of January of each even-numbered year, apply for renewal of the certificate. If a person seeks to renew a certificate endorsement issued under section 4762.041 of the Revised Code, the person shall apply for renewal of the endorsement with the certificate renewal application. The state medical board shall send certificate renewal notices at least one month prior to the expiration date. If applicable, the board shall include in the certificate renewal notice a notice to renew the certificate holder's certificate endorsement.

Applications shall be submitted to the board on forms the board shall prescribe and supply. Each application shall be accompanied by a biennial renewal fee of one hundred dollars.

The applicant shall report any criminal offense that constitutes grounds for refusing to issue a certificate under section 4762.13 of the Revised Code to which the applicant has pleaded guilty, of which the applicant has been found guilty, or for which the applicant has been found eligible for intervention in lieu of conviction, since last signing an application for a certificate to practice as an acupuncturist.

(B) To be eligible for renewal of a certificate to practice, an acupuncturist the applicant must certify to the board that the acupuncturist applicant has maintained the acupuncturist's designation as a diplomate in acupuncture or oriental medicine, as applicable, by the national certification commission for acupuncture and oriental medicine.

To be eligible for renewal of a certificate endorsement, the applicant must certify to the board that the applicant has successfully completed one six-hour course in herb and drug interaction approved by the national certification commission for acupuncture and oriental medicine in the six years immediately preceding the certificate endorsement expiration date.

(C) If an applicant submits a complete renewal application and qualifies for renewal pursuant to division (B) of this section, the board shall issue to the applicant a renewed certificate to practice as an acupuncturist and, if applicable, include the renewed certificate endorsement on the certificate.

(D) A certificate to practice that is not renewed on or before its expiration date is automatically suspended on its expiration date. If a certificate has been suspended pursuant to this division for two years or less, the board shall reinstate the certificate upon an applicant's submission of a renewal application, the biennial renewal fee, and the applicable monetary penalty. The penalty for reinstatement is twenty-five dollars. If

A certificate endorsement that is not renewed on or before its expiration date is automatically suspended on its expiration date. The board shall reinstate the endorsement upon an applicant's submission of a renewal application and payment of a monetary penalty of twenty-five dollars. A certificate to practice renewed in accordance with this section shall not be invalidated if the certificate holder does not renew an endorsement in accordance with this section.

If a certificate has been suspended pursuant to this division for more than two years, it may be restored upon an applicant's submission of a restoration application, the biennial registration fee, and the applicable monetary penalty and compliance with sections 4776.01 to 4776.04 of the Revised Code. The board shall not restore a certificate to practice unless the board, in its discretion, decides that the results of the criminal records check do not make the applicant ineligible for a certificate issued pursuant to section 4762.04 of the Revised Code. The penalty for restoration is fifty dollars.

Sec. 4762.08. (A) A person who holds a certificate to practice as an acupuncturist issued under this chapter may use the following titles, initials, or abbreviations, or the equivalent of such titles, initials, or abbreviations, to identify the person as an acupuncturist: "Acupuncturist," "Licensed Acupuncturist," "L.Ac.," "Diplomate of Acupuncture (NCCAOM)," "Dipl. Ac. (NCCAOM)," "Diplomate of Oriental Medicine (NCCAOM)," or "National Board Certified in Acupuncture (NCCAOM)." The Except as provided in division (B) of this section, the person shall not use other titles, initials, or abbreviations in conjunction with the person's practice of acupuncture, including the title "doctor."

(B) A person who obtains a certificate endorsement under division (A)(1) or (2) of section 4762.041 of the Revised Code to include the use of patent herbs in the practice of acupuncture may use the phrase "Endorsed by the state of Ohio to practice with patent herbs" in conjunction with any of the titles, initials, or abbreviations specified in division (A) of this section.

A person who obtains a certificate endorsement under division (A)(3) of section 4762.041 of the Revised Code to include the use of materia medica in the practice of acupuncture may use the phrase "Endorsed by the state of Ohio to practice with materia medica" in conjunction with any of the titles, initials, or abbreviations specified in division (A) of this section. The person may also use the title "Diplomate of Chinese Herbology (NCCAOM)" or an equivalent title, initial, or abbreviation to identify the person as a Chinese herbologist.

Sec. 4762.10.  (A) As used in this section, "disciplinary action" means an action taken by the state medical board pursuant to section 4762.13 of the Revised Code.

(B) The practice of an acupuncturist is subject to a supervisory period if either of the following applies:

(1) Except as otherwise provided in division (B)(1) of this section, if an acupuncturist practicing on the effective date of this amendment August 22, 2008, has practiced for less than one year and is not subject to any disciplinary action, supervision shall be for a period beginning on the effective date of this amendment August 22, 2008, and ending when the acupuncturist has practiced for one year from the date the initial certificate was granted. If the acupuncturist is subject to disciplinary action during that period, the supervision shall continue until the acupuncturist has not been subject to any disciplinary action for one year.

(2) Except as otherwise provided in division (B)(2) of this section, if an acupuncturist is granted an initial certificate to practice on or after the effective date of this amendment August 22, 2008, the supervisory period shall begin on the date the certificate is granted and end one year thereafter. If the acupuncturist is subject to disciplinary action during that year, the supervision shall continue until the acupuncturist has not been subject to any disciplinary action for one year.

(C) During an acupuncturist's supervisory period, both of the following apply to the acupuncturist's practice in addition to the requirements of division (E) of this section:

(1) The acupuncturist shall perform acupuncture for a patient only if the patient has received a 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.

(2) 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.

(D) After an acupuncturist's supervisory period has ended, both of the following apply to the acupuncturist's practice in addition to the applicable requirements of division (E) of this section:

(1) Before treating a patient for a particular condition, the acupuncturist shall confirm whether the patient has undergone within the past six months a diagnostic examination that was related to the condition for which the patient is seeking acupuncture and was performed by a physician or chiropractor acting within the physician physician's or chiropractor's scope of practice. Confirmation that the diagnostic examination was performed may be made by obtaining from the patient a signed form stating that the patient has undergone the examination.

(2) If the patient does not provide the signed form specified in division (D)(1) of this section or the acupuncturist otherwise determines that the patient has not undergone the diagnostic examination specified in that division, the acupuncturist shall provide to the patient a written recommendation to undergo a diagnostic examination by a physician or chiropractor.

(E) In the practice of acupuncture pursuant to a certificate to practice issued under this chapter, all of the following apply:

(1) Prior to treating a patient, the acupuncturist shall advise the patient that acupuncture is not a substitute for conventional medical diagnosis and treatment.

(2) 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.

(3) 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 a physician.

(4) The acupuncturist shall maintain records for each patient treated. The records shall be confidential and shall be retained for not less than three years following termination of treatment.

During an acupuncturist's supervisory period, the acupuncturist shall include in a patient's records the written referral or prescription pursuant to which the acupuncturist is treating the patient.

Sec. 4762.13.  (A) The state medical board, by an affirmative vote of not fewer than six members, may revoke or may refuse to grant a certificate to practice as an acupuncturist to a person found by the board to have committed fraud, misrepresentation, or deception in applying for or securing the certificate.

(B) The board, by an affirmative vote of not fewer than six members, shall, to the extent permitted by law, limit, revoke, or suspend an individual's certificate to practice as an acupuncturist, refuse to issue a certificate to an applicant, refuse to reinstate a certificate, or reprimand or place on probation the holder of a certificate for any of the following reasons:

(1) Permitting the holder's name or certificate to be used by another person;

(2) Failure to comply with the requirements of this chapter, Chapter 4731. of the Revised Code, or any rules adopted by the board;

(3) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, Chapter 4731. of the Revised Code, or the rules adopted by the board;

(4) A departure from, or failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances whether or not actual injury to the patient is established;

(5) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including physical deterioration that adversely affects cognitive, motor, or perceptive skills;

(6) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;

(7) Willfully betraying a professional confidence;

(8) Making a false, fraudulent, deceptive, or misleading statement in soliciting or advertising for patients or in securing or attempting to secure a certificate to practice as an acupuncturist.

As used in this division, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.

(9) Representing, with the purpose of obtaining compensation or other advantage personally or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured;

(10) The obtaining of, or attempting to obtain, money or a thing of value by fraudulent misrepresentations in the course of practice;

(11) 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;

(12) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;

(13) 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;

(14) 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;

(15) 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;

(16) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;

(17) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for violating any state or federal law regulating the possession, distribution, or use of any drug, including trafficking in drugs;

(18) Any of the following actions taken by the state agency responsible for regulating the practice of acupuncture in another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;

(19) Violation of the conditions placed by the board on a certificate to practice as an acupuncturist;

(20) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code;

(21) Failure to cooperate in an investigation conducted by the board under section 4762.14 of the Revised Code, 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 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;

(22) Failure to comply with the standards of the national certification commission for acupuncture and oriental medicine regarding professional ethics, commitment to patients, commitment to the profession, and commitment to the public;

(23) Failure to have adequate professional liability insurance coverage in accordance with section 4762.22 of the Revised Code;

(24) Practicing acupuncture by including the use of patent herbs or materia medica without obtaining the applicable certificate endorsement under section 4762.041 of the Revised Code.

(C) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with an acupuncturist or applicant to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of 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.

(D) For purposes of divisions (B)(12), (15), and (16) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the applicant or certificate holder committed the act in question. The board shall have no jurisdiction under these divisions in cases where the trial court renders a final judgment in the certificate holder's favor and that judgment is based upon an adjudication on the merits. The board shall have jurisdiction under these divisions in cases where the trial court issues an order of dismissal upon technical or procedural grounds.

(E) The sealing of conviction records by any court shall have no effect upon a prior board order entered under the provisions of this section or upon the board's jurisdiction to take action under the provisions of this section if, based upon 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.

(F) For purposes of this division, any individual who holds a certificate to practice issued under this chapter, or applies for a certificate to practice, 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 and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.

(1) In enforcing division (B)(5) of this section, the board, upon a showing of a possible violation, may compel any individual who holds a certificate to practice issued under this chapter or who has applied for a certificate pursuant to this chapter to submit to a mental examination, physical examination, including an HIV test, or both a mental and physical examination. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test 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, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds an acupuncturist unable to practice because of the reasons set forth in division (B)(5) of this section, the board shall require the acupuncturist to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for an initial, continued, reinstated, or renewed certificate to practice. An individual affected by this division shall be afforded an opportunity to demonstrate to the board the ability to resume practicing in compliance with acceptable and prevailing standards of care.

(2) For purposes of division (B)(6) of this section, if the board has reason to believe that any individual who holds a certificate to practice issued under this chapter or any applicant for a certificate suffers such impairment, 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 division shall be undertaken by a treatment provider or physician qualified to conduct such examination and 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, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's certificate or deny the individual's application and shall require the individual, as a condition for an initial, continued, reinstated, or renewed certificate, to submit to treatment.

Before being eligible to apply for reinstatement of a certificate suspended under this division, the acupuncturist shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care. The demonstration shall include the following:

(a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;

(b) Evidence of continuing full compliance with an aftercare contract or consent agreement;

(c) 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 such assessments and shall describe the basis for their determination.

The board may reinstate a certificate suspended under this division after such demonstration and after the individual has entered into a written consent agreement.

When the impaired acupuncturist resumes practice, the board shall require continued monitoring of the acupuncturist. The monitoring shall include monitoring of 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 falsification stating whether the acupuncturist has maintained sobriety.

(G) If the board's secretary and supervising member determine that there is clear and convincing evidence that an acupuncturist has violated division (B) of this section and that the individual's continued practice presents a danger of immediate and serious harm to the public, they may recommend that the board suspend the individual's certificate to practice without a prior hearing. Written allegations shall be prepared for consideration by the board.

The board, upon review of the allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a certificate without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.

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 shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the acupuncturist requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the acupuncturist requests the hearing, unless otherwise agreed to by both the board and the certificate holder.

A summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within sixty days after completion of its hearing. 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.

(H) If the board takes action under division (B)(11), (13), or (14) of this section, and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, upon exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. Upon receipt of a petition and supporting court documents, the board shall reinstate the certificate to practice. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of opportunity for hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act, or if no hearing is requested, it may order any of the sanctions specified in division (B) of this section.

(I) The certificate to practice of an acupuncturist and the acupuncturist's practice in this state are automatically suspended as of the date the acupuncturist pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment or intervention in lieu of conviction in another jurisdiction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after the suspension shall be considered practicing without a certificate.

The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose certificate is suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's certificate to practice.

(J) In any instance in which the board is required by Chapter 119. of the Revised Code to give notice of opportunity for hearing and the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In the final order, the board may order any of the sanctions identified under division (A) or (B) of this section.

(K) Any action taken by the board under division (B) of this section resulting in a suspension shall be accompanied by a written statement of the conditions under which the acupuncturist's certificate to practice may be reinstated. The board shall adopt rules in accordance with Chapter 119. of the Revised Code governing conditions to be imposed for reinstatement. Reinstatement of a certificate suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board.

(L) When the board refuses to grant a certificate to practice as an acupuncturist to an applicant, revokes an individual's certificate, refuses to renew a certificate, or refuses to reinstate an individual's certificate, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a certificate to practice as an acupuncturist and the board shall not accept an application for reinstatement of the certificate or for issuance of a new certificate.

(M) Notwithstanding any other provision of the Revised Code, all of the following apply:

(1) The surrender of a certificate to practice as an acupuncturist issued under this chapter is not effective unless or until accepted by the board. Reinstatement of a certificate surrendered to the board requires an affirmative vote of not fewer than six members of the board.

(2) An application made under this chapter for a certificate may not be withdrawn without approval of the board.

(3) Failure by an individual to renew a certificate in accordance with section 4762.06 of the Revised Code shall not remove or limit the board's jurisdiction to take disciplinary action under this section against the individual.

Sec. 4762.131.  On receipt of a notice pursuant to section 2301.373 3123.43 of the Revised Code, the state medical board shall comply with that section 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 certificate to practice as an acupuncturist issued pursuant to this chapter.

Sec. 4762.19.  The state medical board may adopt any rules necessary to govern the practice of acupuncture, the use of patent herbs or materia medica in the practice of acupuncture, the supervisory relationship between acupuncturists and supervising physicians, and the administration and enforcement of this chapter. Rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

Section 2.  That existing sections 4762.01, 4762.03, 4762.05, 4762.06, 4762.08, 4762.10, 4762.13, 4762.131, and 4762.19 of the Revised Code are hereby repealed.