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Sub. H. B. No. 251 As Enrolled
(129th General Assembly)
(Substitute House Bill Number 251)
AN ACT
To amend sections 4731.02, 4731.06, 4731.07, 4731.22,
4731.36, 4734.31, 4762.01, 4762.02, 4762.03,
4762.031, 4762.04, 4762.05, 4762.06, 4762.08,
4762.09, 4762.10, 4762.11, 4762.12, 4762.13,
4762.131, 4762.132, 4762.14, 4762.15, 4762.16,
4762.17, 4762.18, 4762.19, and 4762.22 and to
repeal section 4731.04 of the Revised Code to
regulate the practice of Oriental medicine, to
modify the laws governing the practice of
acupuncture, and to revise certain laws governing
the State Medical Board.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 4731.02, 4731.06, 4731.07, 4731.22,
4731.36, 4734.31, 4762.01, 4762.02, 4762.03, 4762.031, 4762.04,
4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 4762.11, 4762.12,
4762.13, 4762.131, 4762.132, 4762.14, 4762.15, 4762.16, 4762.17,
4762.18, 4762.19, and 4762.22 of the Revised Code be amended to
read as follows:
Sec. 4731.02. The state medical board shall organize by the
election of a president and a, supervising member, who and
secretary. Each officer shall be members a member of the board,
and a. The secretary, who shall be a physician in good standing in
his the physician's profession. Each of the officers shall serve
for a term of one year, and they. The officers may administer
oaths.
Sec. 4731.06. The state medical board shall meet in March,
June, September, and December of at least four times each year,
and at such times and places as the board may direct. Six members
of the board shall constitute a quorum. The board shall have a
seal and shall prescribe rules for its government.
Sec. 4731.07. (A) The state medical board shall keep a record
of its proceedings. It The minutes of a meeting of the board
shall, on approval by the board, constitute an official record of
its proceedings.
(B) The board shall also keep a register of applicants for
certificates of registration and certificates to practice issued
under this chapter and Chapters 4730., 4760., 4762., and 4774. of
the Revised Code and licenses issued under Chapter 4778. of the
Revised Code. The register shall show the name of the applicant
and whether the applicant was granted or refused a certificate or
license. With respect to applicants to practice medicine and
surgery or osteopathic medicine and surgery, the register shall
show the name of the institution that granted the applicant the
degree of doctor of medicine or osteopathic medicine. The books
and records of the board shall be prima-facie evidence of matters
therein contained.
Sec. 4731.22. (A) The state medical board, by an affirmative
vote of not fewer than six of its members, may revoke or may
refuse to grant a certificate to a person found by the board to
have committed fraud during the administration of the examination
for a certificate to practice or to have committed fraud,
misrepresentation, or deception in applying for or securing any
certificate to practice or certificate of registration issued by
the board.
(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, refuse to
register an individual, refuse to reinstate a certificate, or
reprimand or place on probation the holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice or
certificate of registration to be used by a person, group, or
corporation when the individual concerned is not actually
directing the treatment given;
(2) Failure to maintain minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable scientific methods in the selection of drugs or other
modalities for treatment of disease;
(3) Selling, giving away, personally furnishing, prescribing,
or administering drugs for other than legal and legitimate
therapeutic purposes or a plea of guilty to, a judicial finding of
guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction of, a violation of any federal or state law
regulating the possession, distribution, or use of any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional confidence" does not include providing any
information, documents, or reports to a child fatality review
board under sections 307.621 to 307.629 of the Revised Code and
does not include the making of a report of an employee's use of a
drug of abuse, or a report of a condition of an employee other
than one involving the use of a drug of abuse, to the employer of
the employee as described in division (B) of section 2305.33 of
the Revised Code. Nothing in this division affects the immunity
from civil liability conferred by that section upon a physician
who makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients; in
relation to the practice of medicine and surgery, osteopathic
medicine and surgery, podiatric medicine and surgery, or a limited
branch of medicine; or in securing or attempting to secure any
certificate to practice or certificate of registration issued by
the board.
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.
(6) A departure from, or the failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances, whether or not actual injury to a patient
is established;
(7) Representing, with the purpose of obtaining compensation
or other advantage as personal gain or for any other person, that
an incurable disease or injury, or other incurable condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) 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;
(10) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(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 misdemeanor committed in the course of practice;
(12) 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;
(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 involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(15) Violation of the conditions of limitation placed by the
board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Except as authorized in section 4731.31 of the Revised
Code, engaging in the division of fees for referral of patients,
or the receiving of a thing of value in return for a specific
referral of a patient to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code,
violation of any provision of a code of ethics of the American
medical association, the American osteopathic association, the
American podiatric medical association, or any other national
professional organizations that the board specifies by rule. The
state medical board shall obtain and keep on file current copies
of the codes of ethics of the various national professional
organizations. The individual whose certificate is being suspended
or revoked shall not be found to have violated any provision of a
code of ethics of an organization not appropriate to the
individual's profession.
For purposes of this division, a "provision of a code of
ethics of a national professional organization" does not include
any provision that would preclude the making of a report by a
physician of an employee's use of a drug of abuse, or of a
condition of an employee other than one involving the use of a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in
this division affects the immunity from civil liability conferred
by that section upon a physician who makes either type of report
in accordance with division (B) of that section. As used in this
division, "employee," "employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a showing of a
possible violation, may compel any individual authorized to
practice by this chapter or who has submitted an application
pursuant to this chapter to submit to a mental examination,
physical examination, including an HIV test, or both a mental and
a 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 individual unable
to practice because of the reasons set forth in this division, the
board shall require the individual to submit to care, counseling,
or treatment by physicians approved or designated by the board, as
a condition for initial, continued, reinstated, or renewed
authority to practice. An individual affected under this division
shall be afforded an opportunity to demonstrate to the board the
ability to resume practice in compliance with acceptable and
prevailing standards under the provisions of the individual's
certificate. For the purpose of this division, any individual who
applies for or receives a certificate to practice under this
chapter accepts the privilege of practicing 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, and to have waived all objections to the
admissibility of testimony or examination reports that constitute
a privileged communication.
(20) Except when civil penalties are imposed under section
4731.225 or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or attempting to violate,
directly or indirectly, or assisting in or abetting the violation
of, or conspiring to violate, any provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making of a report by
a physician of an employee's use of a drug of abuse, or of a
condition of an employee other than one involving the use of a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in
this division affects the immunity from civil liability conferred
by that section upon a physician who makes either type of report
in accordance with division (B) of that section. As used in this
division, "employee," "employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or
of any abortion rule adopted by the director of health pursuant to
section 3701.341 of the Revised Code;
(22) Any of the following actions taken by an agency
responsible for authorizing, certifying, or regulating an
individual to practice a health care occupation or provide health
care services in this state or 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;
(23) The violation of section 2919.12 of the Revised Code or
the performance or inducement of an abortion upon a pregnant woman
with actual knowledge that the conditions specified in division
(B) of section 2317.56 of the Revised Code have not been satisfied
or with a heedless indifference as to whether those conditions
have been satisfied, unless an affirmative defense as specified in
division (H)(2) of that section would apply in a civil action
authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction, or
termination of clinical privileges by the United States department
of defense or department of veterans affairs or the termination or
suspension of a certificate of registration to prescribe drugs by
the drug enforcement administration of the United States
department of justice;
(25) Termination or suspension from participation in the
medicare or medicaid programs by the department of health and
human services or other responsible agency for any act or acts
that also would constitute a violation of division (B)(2), (3),
(6), (8), or (19) of this section;
(26) 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.
For the purposes of this division, any individual authorized
to practice by this chapter accepts the privilege of practicing in
this state subject to supervision by the board. By filing an
application for or holding a certificate to practice under this
chapter, an individual shall be deemed to have given consent to
submit to a mental or physical examination when ordered to do so
by the board in writing, and to have waived all objections to the
admissibility of testimony or examination reports that constitute
privileged communications.
If it has reason to believe that any individual authorized to
practice by this chapter or any applicant for certification to
practice 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 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, 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 initial, continued, reinstated,
or renewed certification to practice, to submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the impaired
practitioner shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards of
care under the provisions of the practitioner's certificate. The
demonstration shall include, but shall not be limited to, 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 the
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner 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.
(27) A second or subsequent violation of section 4731.66 or
4731.69 of the Revised Code;
(28) Except as provided in division (N) 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 individual'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 individual;
(b) Advertising that the individual 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 individual's services, otherwise would be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(30) Failure to provide notice to, and receive acknowledgment
of the notice from, a patient when required by section 4731.143 of
the Revised Code prior to providing nonemergency professional
services, or failure to maintain that notice in the patient's
file;
(31) Failure of a physician supervising a physician assistant
to maintain supervision in accordance with the requirements of
Chapter 4730. of the Revised Code and the rules adopted under that
chapter;
(32) Failure of a physician or podiatrist to enter into a
standard care arrangement with a clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner with whom
the physician or podiatrist is in collaboration pursuant to
section 4731.27 of the Revised Code or failure to fulfill the
responsibilities of collaboration after entering into a standard
care arrangement;
(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, 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;
(35) Failure to supervise an oriental medicine practitioner
or acupuncturist in accordance with Chapter 4762. of the Revised
Code and the board's rules for providing that supervision of an
acupuncturist;
(36) Failure to supervise an anesthesiologist assistant in
accordance with Chapter 4760. of the Revised Code and the board's
rules for supervision of an anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(38) Failure to comply with the requirements of section
2317.561 of the Revised Code;
(39) Failure to supervise a radiologist assistant in
accordance with Chapter 4774. of the Revised Code and the board's
rules for supervision of radiologist assistants;
(40) Performing or inducing an abortion at an office or
facility with knowledge that the office or facility fails to post
the notice required under section 3701.791 of the Revised Code;
(41) Failure to comply with the standards and procedures
established in rules under section 4731.054 of the Revised Code
for the operation of or the provision of care at a pain management
clinic;
(42) Failure to comply with the standards and procedures
established in rules under section 4731.054 of the Revised Code
for providing supervision, direction, and control of individuals
at a pain management clinic;
(43) Failure to comply with the requirements of section
4729.79 of the Revised Code, unless the state board of pharmacy no
longer maintains a drug database pursuant to section 4729.75 of
the Revised Code;
(44) Failure to comply with the requirements of section
2919.171 of the Revised Code or failure to submit to the
department of health in accordance with a court order a complete
report as described in section 2919.171 of the Revised Code;
(45) Failure to supervise a genetic counselor holding a
supervised practice license in accordance with Chapter 4778. of
the Revised Code and the board's rules for supervision of the
genetic counselor;
(46) Failure to fulfill the responsibilities of collaboration
after entering into a collaborative agreement with a genetic
counselor under division (B) of section 4778.11 of the Revised
Code or failure to comply with the board's rules regarding such
agreements.
(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 individual 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.
A telephone conference call may be utilized for ratification
of a consent agreement that revokes or suspends an individual's
certificate to practice. The telephone conference call shall be
considered a special meeting under division (F) of section 121.22
of the Revised Code.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) 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 individual committed the act. The board
does not have jurisdiction under those divisions if the trial
court renders a final judgment in the individual's favor and that
judgment is based upon an adjudication on the merits. The board
has jurisdiction under those divisions if 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 this section or
upon the board's jurisdiction to take action under 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)(1) The board shall investigate evidence that appears to
show that a person has violated any provision of this chapter or
any rule adopted under it. Any person may report to the board in a
signed writing any information that the person may have that
appears to show a violation of any provision of this chapter or
any rule adopted under it. In the absence of bad faith, any person
who reports information of that nature or who testifies before the
board in any adjudication conducted under Chapter 119. of the
Revised Code shall not be liable in damages in a civil action as a
result of the report or testimony. Each complaint or allegation of
a violation received by the board shall be assigned a case number
and shall be recorded by the board.
(2) Investigations of alleged violations of this chapter or
any rule adopted under it shall be supervised by the supervising
member elected by the board in accordance with section 4731.02 of
the Revised Code and by the secretary as provided in section
4731.39 of the Revised Code. The president may designate another
member of the board to supervise the investigation in place of the
supervising member. No member of the board who supervises the
investigation of a case shall participate in further adjudication
of the case.
(3) In investigating a possible violation of this chapter or
any rule adopted under this chapter, the board may administer
oaths, order the taking of depositions, inspect and copy any
books, accounts, papers, records, or documents, issue subpoenas,
and compel the attendance of witnesses and production of books,
accounts, papers, records, documents, and testimony, except that a
subpoena for patient record information shall not be issued
without consultation with the attorney general's office and
approval of the secretary and supervising member of the board.
Before issuance of a subpoena for patient record information, the
secretary and supervising member shall determine whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that
the records sought are relevant to the alleged violation and
material to the investigation. The subpoena may apply only to
records that cover a reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena issued by the board
and after reasonable notice to the person being subpoenaed, the
board may move for an order compelling the production of persons
or records pursuant to the Rules of Civil Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the board.
Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual
place of residence. When the person being served is a person whose
practice is authorized by this chapter, service of the subpoena
may be made by certified mail, restricted delivery, return receipt
requested, and the subpoena shall be deemed served on the date
delivery is made or the date the person refuses to accept
delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a sheriff. Each witness who appears before the board
in obedience to a subpoena shall receive the fees and mileage
provided for under section 119.094 of the Revised Code.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action.
The board shall conduct all investigations and proceedings in
a manner that protects the confidentiality of patients and persons
who file complaints with the board. The board shall not make
public the names or any other identifying information about
patients or complainants unless proper consent is given or, in the
case of a patient, a waiver of the patient privilege exists under
division (B) of section 2317.02 of the Revised Code, except that
consent or a waiver of that nature is not required if the board
possesses reliable and substantial evidence that no bona fide
physician-patient relationship exists.
The board may share any information it receives pursuant to
an investigation, including patient records and patient record
information, with law enforcement agencies, other licensing
boards, and other governmental agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as those with which the state medical board must
comply, notwithstanding any conflicting provision of the Revised
Code or procedure of the agency or board that applies when it is
dealing with other information in its possession. In a judicial
proceeding, the information may be admitted into evidence only in
accordance with the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants whose confidentiality was protected by the state
medical board when the information was in the board's possession.
Measures to ensure confidentiality that may be taken by the court
include sealing its records or deleting specific information from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if any, held by the
individual against whom the complaint is directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending and
shall be prepared in a manner that protects the identity of each
person involved in each case. The report shall be a public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine both of
the following, they may recommend that the board suspend an
individual's certificate to practice without a prior hearing:
(1) That there is clear and convincing evidence that an
individual has violated division (B) of this section;
(2) That the individual's continued practice presents a
danger of immediate and serious harm to the public.
Written allegations shall be prepared for consideration by
the board. The board, upon review of those 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 individual subject to the summary
suspension 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 individual requests the hearing, unless
otherwise agreed to by both the board and the individual.
Any 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 seventy-five days
after completion of its hearing. A failure to issue the order
within seventy-five 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)(9), (11), or
(13) 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 of that nature and supporting court
documents, the board shall reinstate the individual's 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 an opportunity for a
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, the board may order any of the sanctions
identified under division (B) of this section.
(I) The certificate to practice issued to an individual under
this chapter and the individual's practice in this state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date
the individual 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 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 automatically suspended under this division fails
to make a timely request for an adjudication under Chapter 119. of
the Revised Code, the board shall do whichever of the following is
applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this
section does not apply, enter a final order permanently revoking
the individual's certificate to practice.
(J) If the board is required by Chapter 119. of the Revised
Code to give notice of an opportunity for a hearing and if 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 that 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 from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be reinstated. The
board shall adopt rules 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 an
applicant, revokes an individual's certificate to practice,
refuses to register an applicant, or refuses to reinstate an
individual's certificate to practice, 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 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 issued under this chapter
shall not be effective unless or until accepted by the board. A
telephone conference call may be utilized for acceptance of the
surrender of an individual's certificate to practice. The
telephone conference call shall be considered a special meeting
under division (F) of section 121.22 of the Revised Code.
Reinstatement of a certificate surrendered to the board requires
an affirmative vote of not fewer than six members of the board.
(2) An application for a certificate made under the
provisions of this chapter may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate of
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action
under this section against the individual.
(N) Sanctions shall not be imposed under division (B)(28) of
this section against any person who waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that expressly
allows such a practice. 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
authorized to practice pursuant to this chapter, to the extent
allowed by this chapter and rules adopted by the board.
(O) Under the board's investigative duties described in this
section and subject to division (F) of this section, the board
shall develop and implement a quality intervention program
designed to improve through remedial education the clinical and
communication skills of individuals authorized under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational and assessment program pursuant to an investigation
the board conducts under this section;
(2) Select providers of educational and assessment services,
including a quality intervention program panel of case reviewers;
(3) Make referrals to educational and assessment service
providers and approve individual educational programs recommended
by those providers. The board shall monitor the progress of each
individual undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the individual who completed the program or other action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to further implement the quality intervention
program.
An individual who participates in an individual educational
program pursuant to this division shall pay the financial
obligations arising from that educational program.
Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the Revised
Code shall not prohibit service in case of emergency, domestic
administration of family remedies, or provision of assistance to
another individual who is self-administering drugs.
Sections 4731.01 to 4731.47 of the Revised Code shall not
apply to any of the following:
(1) A commissioned medical officer of the United States armed
forces, as defined in section 5903.11 of the Revised Code, or an
employee of the veterans administration of the United States or
the United States public health service in the discharge of the
officer's or employee's professional duties;
(2) A dentist authorized under Chapter 4715. of the Revised
Code to practice dentistry when engaged exclusively in the
practice of dentistry or when administering anesthetics in the
practice of dentistry;
(3) A physician or surgeon in another state or territory who
is a legal practitioner of medicine or surgery therein when
providing consultation to an individual holding a certificate to
practice issued under this chapter who is responsible for the
examination, diagnosis, and treatment of the patient who is the
subject of the consultation, if one of the following applies:
(a) The physician or surgeon does not provide consultation in
this state on a regular or frequent basis.
(b) The physician or surgeon provides the consultation
without compensation of any kind, direct or indirect, for the
consultation.
(c) The consultation is part of the curriculum of a medical
school or osteopathic medical school of this state or a program
described in division (A)(2) of section 4731.291 of the Revised
Code.
(4) A physician or surgeon in another state or territory who
is a legal practitioner of medicine or surgery therein and
provided services to a patient in that state or territory, when
providing, not later than one year after the last date services
were provided in another state or territory, follow-up services in
person or through the use of any communication, including oral,
written, or electronic communication, in this state to the patient
for the same condition;
(5) A physician or surgeon residing on the border of a
contiguous state and authorized under the laws thereof to practice
medicine and surgery therein, whose practice extends within the
limits of this state. Such practitioner shall not either in person
or through the use of any communication, including oral, written,
or electronic communication, open an office or appoint a place to
see patients or receive calls within the limits of this state.
(6) A board, committee, or corporation engaged in the conduct
described in division (A) of section 2305.251 of the Revised Code
when acting within the scope of the functions of the board,
committee, or corporation;
(7) The conduct of an independent review organization
accredited by the superintendent of insurance under section
3922.13 of the Revised Code for the purpose of external reviews
conducted under Chapter 3922. of the Revised Code.
(B) Sections 4731.51 to 4731.61 of the Revised Code do not
apply to any graduate of a podiatric school or college while
performing those acts that may be prescribed by or incidental to
participation in an accredited podiatric internship, residency, or
fellowship program situated in this state approved by the state
medical board.
(C) This chapter does not apply to an oriental medicine
practitioner or acupuncturist who complies with Chapter 4762. of
the Revised Code.
(D) This chapter does not prohibit the administration of
drugs by any of the following:
(1) An individual who is licensed or otherwise specifically
authorized by the Revised Code to administer drugs;
(2) An individual who is not licensed or otherwise
specifically authorized by the Revised Code to administer drugs,
but is acting pursuant to the rules for delegation of medical
tasks adopted under section 4731.053 of the Revised Code;
(3) An individual specifically authorized to administer drugs
pursuant to a rule adopted under the Revised Code that is in
effect on the effective date of this amendment April 4, 2001, as
long as the rule remains in effect, specifically authorizing an
individual to administer drugs.
(E) The exemptions described in divisions (A)(3), (4), and
(5) of this section do not apply to a physician or surgeon whose
certificate to practice issued under this chapter is under
suspension or has been revoked or permanently revoked by action of
the state medical board.
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 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 oriental medicine practitioner
performing acupuncture or an acupuncturist in accordance with the
provisions of section 4762.11 of the Revised Code that are
applicable to the a 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. 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 use of moxibustion or electrical stimulation
supplemental techniques, 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) "General nonmedical nutritional information" means
information on any of the following:
(1) Principles of good nutrition and food preparation;
(2) Foods to be included in the normal daily diet;
(3) Essential nutrients needed by the human body and
recommended amounts of those nutrients;
(4) Foods and supplements that are good sources of essential
nutrients;
(5) The actions of nutrients on the human body and the
effects of nutrient deficiency and nutrient excess.
(D) "Herbal therapy" means the use of foods, herbs, vitamins,
minerals, organ extracts, and homeopathy.
(E) "Homeopathy" means a noninvasive system of natural and
alternative medicine that seeks to stimulate the human body's
ability to heal itself through the use of small doses of highly
diluted substances prepared from animal, vegetable, or mineral
sources.
(F) "Moxibustion" means the use of an herbal heat source on
one or more acupuncture points.
(D)(G) "Oriental medicine" means a form of health care in
which acupuncture is performed with or without the use of herbal
therapy.
(H) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatry podiatric medicine
and surgery.
(I) "Supplemental techniques" means the use of general
nonmedical nutritional information, traditional and modern
oriental therapeutics, heat therapy, moxibustion, acupressure and
other forms of Chinese massage, and educational information
regarding lifestyle modifications.
Sec. 4762.02. (A) Except as provided in division (B), (C),
or (D) of this section, no person shall engage do either of the
following:
(1) Engage in the practice of oriental medicine unless the
person holds a valid certificate to practice as an oriental
medicine practitioner issued by the state medical board under this
chapter;
(2) Engage in the practice of acupuncture unless the person
holds a valid certificate to practice as an acupuncturist issued
by the state medical board under this chapter.
(B) Division (A) of this section does not apply to the
following:
(1) A a physician;.
(2)(C) Division (A)(1) of this section does not apply to the
following:
(1) A person who engages in activities included in the
practice of oriental medicine as part of a training program in
oriental medicine, but only if both of the following conditions
are met:
(a) The training program is 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.
(b) The person engages in the activities under the general
supervision of an individual who holds a certificate to practice
as an oriental medicine practitioner issued under this chapter and
is not practicing within the supervisory period required by
section 4762.10 of the Revised Code.
(2) To the extent that acupuncture is a component of oriental
medicine, an individual who holds a certificate to practice as an
acupuncturist issued under this chapter or a chiropractor who
holds a certificate to practice acupuncture issued by the state
chiropractic board under section 4734.283 of the Revised Code.
(D) Division (A)(2) of this section does not apply to the
following:
(1) A person who performs acupuncture as part of a training
program in acupuncture, but only if both of the following
conditions are met:
(a) The training program is 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.
(b) The person performs the acupuncture under the general
supervision of an acupuncturist who holds a certificate to
practice as an acupuncturist issued under this chapter and is not
practicing within the supervisory period required by section
4762.10 of the Revised Code.
(3)(2) An individual who holds a certificate to practice as
an oriental medicine practitioner issued under this chapter.
(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. 4762.03. (A) An individual seeking a certificate to
practice as an oriental medicine practitioner or 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
(B) To be eligible for the certificate to practice, an
applicant shall meet all of the following conditions, as
applicable:
(1) Evidence The applicant shall submit evidence satisfactory
to the board that the applicant is at least eighteen years of age
and of good moral character;.
(2) Evidence In the case of an applicant seeking a
certificate to practice as an oriental medicine practitioner, the
applicant shall submit evidence satisfactory to the board of both
of the following:
(a) That the applicant holds a current and active designation
from the national certification commission for acupuncture and
oriental medicine as either a diplomate in oriental medicine or
diplomate of acupuncture and Chinese herbology;
(b) That the applicant has successfully completed, in the
two-year period immediately preceding application for the
certificate to practice, one course approved by the commission on
federal food and drug administration dispensary and compounding
guidelines and procedures.
(3) In the case of an applicant seeking a certificate to
practice as an acupuncturist, the applicant shall submit 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;
(3) Any as a diplomate in acupuncture.
(4) The applicant shall demonstrate to the board proficiency
in spoken English by either passing the examination described in
section 4731.142 of the Revised Code or submitting evidence
satisfactory to the board that the applicant was required to
demonstrate proficiency in spoken English as a condition of
obtaining designation from the national certification commission
for acupuncture and oriental medicine as a diplomate in oriental
medicine, diplomate of acupuncture and Chinese herbology, or
diplomate in acupuncture.
(5) The applicant shall submit to the board any other
information the board requires.
(6) The applicant shall pay to the board a fee of one hundred
dollars, no part of which may be returned to the applicant.
(B)(C) 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. 4762.031. In addition to any other eligibility
requirement set forth in this chapter, each applicant for a
certificate to practice as an oriental medicine practitioner or
certificate to practice as an acupuncturist shall comply with
sections 4776.01 to 4776.04 of the Revised Code. The state medical
board shall not grant to an applicant a certificate to practice as
an acupuncturist 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.
Sec. 4762.04. If the state medical board determines under
section 4762.03 of the Revised Code that an applicant meets the
requirements for a certificate to practice as an oriental medicine
practitioner or certificate to practice as an acupuncturist, the
secretary of the board shall register the applicant as an oriental
medicine practitioner or acupuncturist, as appropriate, and issue
to the applicant a the appropriate certificate to practice as an
acupuncturist. The certificate 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 oriental medicine practitioner or
certificate to practice as an acupuncturist, the state medical
board shall issue a duplicate certificate to replace one that is
missing or damaged, to reflect a name change, 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 oriental medicine practitioner or 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. The state medical board shall send renewal
notices at least one month prior to the expiration date.
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 oriental medicine practitioner or
certificate to practice as an acupuncturist.
(B)(1) To be eligible for renewal of a certificate to
practice as an oriental medicine practitioner, an applicant shall
certify to the board both of the following, as applicable:
(a) That the applicant has maintained a current and active
designation from the national certification commission for
acupuncture and oriental medicine as either a diplomate in
oriental medicine or diplomate of acupuncture and Chinese
herbology;
(b) 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 four years immediately preceding the expiration
date of the applicant's current and active designation from the
commission as a diplomate in oriental medicine or diplomate of
acupuncture and Chinese herbology.
(2) To be eligible for renewal, of a certificate to practice
as an acupuncturist must, an applicant shall certify to the board
that the acupuncturist has maintained the acupuncturist's
a
current and active designation as a diplomate in acupuncture by
from the national certification commission for acupuncture and
oriental medicine as a diplomate in acupuncture.
(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.
(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 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 oriental medicine practitioner 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 oriental medicine practitioner:
"Oriental Medicine Practitioner," "Licensed Oriental Medicine
Practitioner," "L.O.M.," "Diplomate in Oriental Medicine
(NCCAOM)," "Dipl. O.M. (NCCAOM)," "National Board Certified in
Oriental Medicine (NCCAOM)," "Acupuncturist," "Licensed
Acupuncturist," "L.Ac. and L.C.H.," "Diplomate of Acupuncture and
Chinese Herbology (NCCAOM)," "Dipl. Ac. and Dipl. C.H. (NCCAOM),"
or "National Board Certified in Acupuncture and Chinese Herbology
(NCCAOM)." The person shall not use other titles, initials, or
abbreviations in conjunction with the person's practice of
oriental medicine, including the title "doctor."
(B) 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 in Acupuncture (NCCAOM)," "Dipl. Ac. (NCCAOM)," or
"National Board Certified in Acupuncture (NCCAOM)." The person
shall not use other titles, initials, or abbreviations in
conjunction with the person's practice of acupuncture, including
the title "doctor."
Sec. 4762.09. An
acupuncturist individual who holds a
certificate to practice as an oriental medicine practitioner or
certificate to practice as an acupuncturist issued under this
chapter shall conspicuously display at the
acupuncturist's
individual's primary place of business both of the following:
(A) The acupuncturist's individual's certificate, as evidence
that the
acupuncturist individual is authorized to practice
acupuncture in this state;
(B) A notice specifying that the practice of oriental
medicine or acupuncture, as applicable, under the certificate is
regulated by the state medical board and the address and telephone
number of the board's office.
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 The following, as applicable, apply to an individual
who holds a certificate to practice as an oriental medicine
practitioner or certificate to practice as an acupuncturist:
(A) On receipt of an initial certificate to practice, the
practice of an the oriental medicine practitioner or 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 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 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, the.
The supervisory period shall begin on the date the initial
certificate is granted and end one year thereafter. If, except
that if the oriental medicine practitioner or acupuncturist is
subject to disciplinary action during that year to disciplinary
action taken by the state medical board pursuant to section
4762.13 of the Revised Code, the supervision shall continue until
the practitioner or acupuncturist has not been subject to any
disciplinary action for one year.
(C)(B) During an acupuncturist's the supervisory period, both
of the following apply to the an oriental medicine practitioner's
or acupuncturist's practice in addition to the applicable
requirements of division divisions (D) and (E) of this section:
(1) The An oriental medicine practitioner shall perform
oriental medicine or acupuncture for a patient only if the patient
has received a written referral or prescription for oriental
medicine or acupuncture from a physician or for acupuncture from a
chiropractor. An 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 oriental medicine
practitioner or 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
practitioner's or acupuncturist's course of treatment.
(2) The oriental medicine practitioner or acupuncturist shall
perform
oriental medicine or acupuncture under the general
supervision of the patient's referring or prescribing physician or
chiropractor, except that an oriental medicine practitioner using
herbal therapy in the treatment of a patient shall not provide
herbal therapy under the general supervision of a chiropractor.
General supervision does not require that the oriental medicine
practitioner or acupuncturist and supervising physician or
chiropractor practice in the same office.
(D)(C) After an acupuncturist's the supervisory period has
ended, both of the following apply to the an oriental medicine
practitioner's or acupuncturist's practice in addition to the
applicable requirements of division divisions (D) and (E) of this
section:
(1) Before treating a patient for a particular condition, the
an oriental medicine practitioner or 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
oriental medicine or 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)(C)(1) of this section or the an oriental medicine
practitioner or acupuncturist otherwise determines that the
patient has not undergone the diagnostic examination specified in
that division, the practitioner or acupuncturist shall provide to
the patient a written recommendation to undergo a diagnostic
examination by a physician or chiropractor.
(E)(D) In the an individual's practice of oriental medicine
or acupuncture pursuant to a certificate to practice issued under
this chapter, all of the following apply:
(1) Prior to treating a patient, the acupuncturist
individual shall advise the patient that oriental medicine or
acupuncture, as applicable, is not a substitute for conventional
medical diagnosis and treatment.
(2) On initially meeting a patient in person, the
acupuncturist individual shall provide in writing the
acupuncturist's individual's name, business address, and business
telephone number, and information on oriental medicine or
acupuncture, as applicable, including the techniques that are
used.
(3) While treating a patient, the acupuncturist individual
shall not make a diagnosis. If a patient's condition is not
improving or a patient requires emergency medical treatment, the
acupuncturist individual shall consult promptly with a physician.
(4) The acupuncturist individual 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. The individual shall include in a patient's records
the written referral or prescription pursuant to which the
acupuncturist is treating the patient is treated during a
supervisory period and any written referral or prescription for
oriental medicine or acupuncture received for a patient being
treated after the supervisory period.
(E) In an individual's practice of oriental medicine by using
herbal therapy in the treatment of a patient, all of the following
apply:
(1) The oriental medicine practitioner shall provide to the
patient counseling and treatment instructions. The treatment
instructions shall do all of the following:
(a) Explain the need for herbal therapy;
(b) Instruct the patient how to take the herbal therapy;
(c) Explain possible contraindications to the herbal therapy
and provide sources of care in case of an adverse reaction;
(d) Instruct the patient to inform the patient's other health
care providers, including the patient's pharmacist, of the herbal
therapy that has been provided to the patient.
(2) The oriental medicine practitioner shall document all of
the following in the patient's record:
(a) The type, amount, and strength of herbal therapy
recommended for the patient's use;
(b) The counseling and treatment instructions provided to the
patient under division (E)(1) of this section;
(c) Any adverse reaction reported by the patient in
conjunction with the use of herbal therapy.
(3) The oriental medicine practitioner shall report to the
state medical board any adverse reactions reported by the patient
under division (E)(2)(c) of this section.
Sec. 4762.11. All of the following apply to a supervising
physician or chiropractor supervising an acupuncturist, as
applicable, during the an oriental medicine practitioner's or
acupuncturist's supervisory period required by section 4762.10 of
the Revised Code:
(A) Before making a physician makes the referral or issues a
prescription for oriental medicine or 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. Before a
chiropractor makes a referral or issues a prescription for
oriental medicine or acupuncture, 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 oriental medicine or
acupuncture;
(2) A time by which or the intervals at which the oriental
medicine practitioner or 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 oriental medicine
practitioner's or acupuncturist's course of treatment.
(C) The In the case of a physician, the physician shall place
conditions or restrictions on the oriental medicine practitioner's
or 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 practitioner's or 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 oriental medicine practitioner
or acupuncturist. If the physician or chiropractor is not on the
premises at which oriental medicine or acupuncture is performed,
the physician or chiropractor shall be readily available to the
practitioner or 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 practitioner or acupuncturist is
practicing.
(E) A chiropractor shall not supervise an oriental medicine
practitioner in the practitioner's use of herbal therapy in the
treatment of a patient.
Sec. 4762.12. In the case of a patient with a claim under
Chapter 4121. or 4123. of the Revised Code, an acupuncturist's a
supervising physician or chiropractor is eligible to be reimbursed
for referring the patient to an oriental medicine practitioner or
acupuncturist or for prescribing oriental medicine or acupuncture
for the patient only if the physician has attained knowledge in
the treatment of patients with oriental medicine or acupuncture,
or
the chiropractor has attained knowledge in the treatment of
patients with acupuncture, as demonstrated by successful
completion of a relevant course of study in acupuncture
administered by a college of medicine, osteopathic medicine,
podiatric medicine, or chiropractic acceptable to the bureau of
workers' compensation or administered by another entity acceptable
to the bureau.
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 oriental medicine
practitioner or 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 oriental
medicine practitioner or 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 oriental medicine or
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 oriental medicine practitioner or
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) Failure to maintain a current and active designation as
a diplomate in oriental medicine, diplomate of acupuncture and
Chinese herbology, or diplomate in acupuncture, as applicable,
from the national certification commission for acupuncture and
oriental medicine, including revocation by the commission of the
individual's designation, failure by the individual to meet the
commission's requirements for redesignation, or failure to notify
the board that the appropriate designation has not been
maintained.
(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 oriental medicine practitioner or 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 or entered into a consent agreement
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 oriental medicine practitioner or acupuncturist
unable to practice because of the reasons set forth in division
(B)(5) of this section, the board shall require the acupuncturist
individual 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 oriental medicine
practitioner or 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 individual resumes practice,
the board shall require continued monitoring of the
acupuncturist
individual. 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 individual has maintained sobriety.
(G) If the secretary and supervising member determine that
there both of the following, they may recommend that the board
suspend an individual's certificate to practice without a prior
hearing:
(1) That there is clear and convincing evidence that an
oriental medicine practitioner or acupuncturist has violated
division (B) of this section and that;
(2) 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
Written allegations shall be prepared for consideration by
the board. The
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 oriental medicine practitioner or
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 is requested, 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 oriental medicine
practitioner or acupuncturist and the practitioner's or
acupuncturist's practice in this state are automatically suspended
as of the date the practitioner or 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 oriental medicine practitioner or
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 oriental
medicine practitioner or 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 oriental medicine practitioner or certificate to
practice as an acupuncturist issued pursuant to this chapter.
Sec. 4762.132. If the state medical board has reason to
believe that any person who has been granted under this chapter a
certificate to practice as an oriental medicine practitioner or
certificate to practice as an acupuncturist is mentally ill or
mentally incompetent, it may file in the probate court of the
county in which the person has a legal residence an affidavit in
the form prescribed in section 5122.11 of the Revised Code and
signed by the board secretary or a member of the board secretary's
staff, whereupon the same proceedings shall be had as provided in
Chapter 5122. of the Revised Code. The attorney general may
represent the board in any proceeding commenced under this
section.
If any person who has been granted a certificate is adjudged
by a probate court to be mentally ill or mentally incompetent, the
person's certificate shall be automatically suspended until the
person has filed with the state medical board a certified copy of
an adjudication by a probate court of the person's subsequent
restoration to competency or has submitted to the board proof,
satisfactory to the board, that the person has been discharged as
having a restoration to competency in the manner and form provided
in section 5122.38 of the Revised Code. The judge of the probate
court shall forthwith notify the state medical board of an
adjudication of mental illness or mental incompetence, and shall
note any suspension of a certificate in the margin of the court's
record of such certificate.
Sec. 4762.14. (A) The state medical board shall investigate
evidence that appears to show that any person has violated this
chapter or the rules adopted under it. Any person may report to
the board in a signed writing any information the person has that
appears to show a violation of any provision of this chapter or
the rules adopted under it. In the absence of bad faith, a person
who reports such information or testifies before the board in an
adjudication conducted under Chapter 119. of the Revised Code
shall not be liable for civil damages as a result of reporting the
information or providing testimony. Each complaint or allegation
of a violation received by the board shall be assigned a case
number and be recorded by the board.
(B) Investigations of alleged violations of this chapter or
rules adopted under it shall be supervised by the supervising
member elected by the board in accordance with section 4731.02 of
the Revised Code and by the secretary as provided in section
4762.15 of the Revised Code. The board's president may designate
another member of the board to supervise the investigation in
place of the supervising member. A member of the board who
supervises the investigation of a case shall not participate in
further adjudication of the case.
(C) In investigating a possible violation of this chapter or
the rules adopted under it, the board may administer oaths, order
the taking of depositions, issue subpoenas, and compel the
attendance of witnesses and production of books, accounts, papers,
records, documents, and testimony, except that a subpoena for
patient record information shall not be issued without
consultation with the attorney general's office and approval of
the secretary and supervising member of the board. Before issuance
of a subpoena for patient record information, the secretary and
supervising member shall determine whether there is probable cause
to believe that the complaint filed alleges a violation of this
chapter or the rules adopted under it and that the records sought
are relevant to the alleged violation and material to the
investigation. The subpoena may apply only to records that cover a
reasonable period of time surrounding the alleged violation.
On failure to comply with any subpoena issued by the board
and after reasonable notice to the person being subpoenaed, the
board may move for an order compelling the production of persons
or records pursuant to the Rules of Civil Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the board.
Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual
place of residence. When the person being served is an oriental
medicine practitioner or acupuncturist, service of the subpoena
may be made by certified mail, restricted delivery, return receipt
requested, and the subpoena shall be deemed served on the date
delivery is made or the date the person refuses to accept
delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a sheriff. Each witness who appears before the board
in obedience to a subpoena shall receive the fees and mileage
provided for under section 119.094 of the Revised Code.
(D) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(E) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action.
The board shall conduct all investigations and proceedings in
a manner that protects the confidentiality of patients and persons
who file complaints with the board. The board shall not make
public the names or any other identifying information about
patients or complainants unless proper consent is given.
The board may share any information it receives pursuant to
an investigation, including patient records and patient record
information, with law enforcement agencies, other licensing
boards, and other governmental agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as those with which the state medical board must
comply, notwithstanding any conflicting provision of the Revised
Code or procedure of the agency or board that applies when it is
dealing with other information in its possession. In a judicial
proceeding, the information may be admitted into evidence only in
accordance with the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants whose confidentiality was protected by the state
medical board when the information was in the board's possession.
Measures to ensure confidentiality that may be taken by the court
include sealing its records or deleting specific information from
its records.
(F) The state medical board shall develop requirements for
and provide appropriate initial training and continuing education
for investigators employed by the board to carry out its duties
under this chapter. The training and continuing education may
include enrollment in courses operated or approved by the Ohio
peace officer training council that the board considers
appropriate under conditions set forth in section 109.79 of the
Revised Code.
(G) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(1) The case number assigned to the complaint or alleged
violation;
(2) The type of certificate to practice, if any, held by the
individual against whom the complaint is directed;
(3) A description of the allegations contained in the
complaint;
(4) The disposition of the case.
The report shall state how many cases are still pending, and
shall be prepared in a manner that protects the identity of each
person involved in each case. The report is a public record for
purposes of section 149.43 of the Revised Code.
Sec. 4762.15. (A) As used in this section, "prosecutor" has
the same meaning as in section 2935.01 of the Revised Code.
(B) Whenever any person holding a valid certificate to
practice as an oriental medicine practitioner or valid certificate
to practice as an acupuncturist issued pursuant to this chapter
pleads guilty to, is subject to a judicial finding of guilt of, or
is subject to a judicial finding of eligibility for intervention
in lieu of conviction for a violation of Chapter 2907., 2925., or
3719. of the Revised Code or of any substantively comparable
ordinance of a municipal corporation in connection with the
person's practice, the prosecutor in the case, on forms prescribed
and provided by the state medical board, shall promptly notify the
board of the conviction. Within thirty days of receipt of that
information, the board shall initiate action in accordance with
Chapter 119. of the Revised Code to determine whether to suspend
or revoke the certificate under section 4762.13 of the Revised
Code.
(C) The prosecutor in any case against any person holding a
valid certificate to practice issued pursuant to this chapter, on
forms prescribed and provided by the state medical board, shall
notify the board of any of the following:
(1) A plea of guilty to, a finding of guilt by a jury or
court of, or judicial finding of eligibility for intervention in
lieu of conviction for a felony, or a case in which the trial
court issues an order of dismissal upon technical or procedural
grounds of a felony charge;
(2) A plea of guilty to, a finding of guilt by a jury or
court of, or judicial finding of eligibility for intervention in
lieu of conviction for a misdemeanor committed in the course of
practice, or a case in which the trial court issues an order of
dismissal upon technical or procedural grounds of a charge of a
misdemeanor, if the alleged act was committed in the course of
practice;
(3) A plea of guilty to, a finding of guilt by a jury or
court of, or judicial finding of eligibility for intervention in
lieu of conviction for a misdemeanor involving moral turpitude, or
a case in which the trial court issues an order of dismissal upon
technical or procedural grounds of a charge of a misdemeanor
involving moral turpitude.
The report shall include the name and address of the
certificate holder, the nature of the offense for which the action
was taken, and the certified court documents recording the action.
Sec. 4762.16. (A) Within sixty days after the imposition of
any formal disciplinary action taken by any health care facility,
including a hospital, health care facility operated by a health
insuring corporation, ambulatory surgical center, or similar
facility, against any individual holding a valid certificate to
practice as an oriental medicine practitioner or valid certificate
to practice as an acupuncturist, the chief administrator or
executive officer of the facility shall report to the state
medical board the name of the individual, the action taken by the
facility, and a summary of the underlying facts leading to the
action taken. Upon request, the board shall be provided certified
copies of the patient records that were the basis for the
facility's action. Prior to release to the board, the summary
shall be approved by the peer review committee that reviewed the
case or by the governing board of the facility.
The filing of a report with the board or decision not to file
a report, investigation by the board, or any disciplinary action
taken by the board, does not preclude a health care facility from
taking disciplinary action against an oriental medicine
practitioner or acupuncturist.
In the absence of fraud or bad faith, no individual or entity
that provides patient records to the board shall be liable in
damages to any person as a result of providing the records.
(B) An oriental medicine practitioner or acupuncturist,
professional association or society of oriental medicine
practitioners or acupuncturists, physician, or professional
association or society of physicians that believes a violation of
any provision of this chapter, Chapter 4731. of the Revised Code,
or rule of the board has occurred shall report to the board the
information upon which the belief is based. This division does not
require any treatment provider approved by the board under section
4731.25 of the Revised Code or any employee, agent, or
representative of such a provider to make reports with respect to
an oriental medicine practitioner or acupuncturist participating
in treatment or aftercare for substance abuse as long as the
practitioner or acupuncturist maintains participation in
accordance with the requirements of section 4731.25 of the Revised
Code and the treatment provider or employee, agent, or
representative of the provider has no reason to believe that the
practitioner or acupuncturist has violated any provision of this
chapter or rule adopted under it, other than being impaired by
alcohol, drugs, or other substances. This division does not
require reporting by any member of an impaired practitioner
committee established by a health care facility or by any
representative or agent of a committee or program sponsored by a
professional association or society of oriental medicine
practitioners or acupuncturists to provide peer assistance to
oriental medicine practitioners or acupuncturists with substance
abuse problems with respect to an oriental medicine practitioner
or acupuncturist who has been referred for examination to a
treatment program approved by the board under section 4731.25 of
the Revised Code if the
acupuncturist individual cooperates with
the referral for examination and with any determination that the
acupuncturist
individual should enter treatment and as long as
the committee member, representative, or agent has no reason to
believe that the acupuncturist individual has ceased to
participate in the treatment program in accordance with section
4731.25 of the Revised Code or has violated any provision of this
chapter or rule adopted under it, other than being impaired by
alcohol, drugs, or other substances.
(C) Any professional association or society composed
primarily of oriental medicine practitioners or acupuncturists
that suspends or revokes an individual's membership for violations
of professional ethics, or for reasons of professional
incompetence or professional malpractice, within sixty days after
a final decision, shall report to the board, on forms prescribed
and provided by the board, the name of the individual, the action
taken by the professional organization, and a summary of the
underlying facts leading to the action taken.
The filing of a report with the board or decision not to file
a report, investigation by the board, or any disciplinary action
taken by the board, does not preclude a professional organization
from taking disciplinary action against an acupuncturist
individual.
(D) Any insurer providing professional liability insurance to
any person holding a valid certificate to practice as an oriental
medicine practitioner or valid certificate to practice as an
acupuncturist or any other entity that seeks to indemnify the
professional liability of an oriental medicine practitioner or
acupuncturist shall notify the board within thirty days after the
final disposition of any written claim for damages where such
disposition results in a payment exceeding twenty-five thousand
dollars. The notice shall contain the following information:
(1) The name and address of the person submitting the
notification;
(2) The name and address of the insured who is the subject of
the claim;
(3) The name of the person filing the written claim;
(4) The date of final disposition;
(5) If applicable, the identity of the court in which the
final disposition of the claim took place.
(E) The board may investigate possible violations of this
chapter or the rules adopted under it that are brought to its
attention as a result of the reporting requirements of this
section, except that the board shall conduct an investigation if a
possible violation involves repeated malpractice. As used in this
division, "repeated malpractice" means three or more claims for
malpractice within the previous five-year period, each resulting
in a judgment or settlement in excess of twenty-five thousand
dollars in favor of the claimant, and each involving negligent
conduct by the oriental medicine practitioner or acupuncturist.
(F) All summaries, reports, and records received and
maintained by the board pursuant to this section shall be held in
confidence and shall not be subject to discovery or introduction
in evidence in any federal or state civil action involving an
oriental medicine practitioner, acupuncturist, supervising
physician, or health care facility arising out of matters that are
the subject of the reporting required by this section. The board
may use the information obtained only as the basis for an
investigation, as evidence in a disciplinary hearing against an
oriental medicine practitioner, acupuncturist, or supervising
physician, or in any subsequent trial or appeal of a board action
or order.
The board may disclose the summaries and reports it receives
under this section only to health care facility committees within
or outside this state that are involved in credentialing or
recredentialing an oriental medicine practitioner, acupuncturist,
or supervising physician or reviewing their privilege to practice
within a particular facility. The board shall indicate whether or
not the information has been verified. Information transmitted by
the board shall be subject to the same confidentiality provisions
as when maintained by the board.
(G) Except for reports filed by an individual pursuant to
division (B) of this section, the board shall send a copy of any
reports or summaries it receives pursuant to this section to the
acupuncturist. The oriental medicine practitioner or acupuncturist
shall have the right to file a statement with the board concerning
the correctness or relevance of the information. The statement
shall at all times accompany that part of the record in
contention.
(H) An individual or entity that reports to the board or
refers an impaired oriental medicine practitioner or impaired
acupuncturist to a treatment provider approved by the board under
section 4731.25 of the Revised Code shall not be subject to suit
for civil damages as a result of the report, referral, or
provision of the information.
(I) In the absence of fraud or bad faith, a professional
association or society of oriental medicine practitioners or
acupuncturists that sponsors a committee or program to provide
peer assistance to an oriental medicine practitioner or
acupuncturist with substance abuse problems, a representative or
agent of such a committee or program, and a member of the state
medical board shall not be held liable in damages to any person by
reason of actions taken to refer an oriental medicine practitioner
or acupuncturist to a treatment provider approved under section
4731.25 of the Revised Code for examination or treatment.
Sec. 4762.17. The secretary of the state medical board shall
enforce the laws relating to the practice of oriental medicine and
acupuncture. If the secretary has knowledge or notice of a
violation of this chapter or the rules adopted under it, the
secretary shall investigate the matter, and, upon probable cause
appearing, file a complaint and prosecute the offender. When
requested by the secretary, the prosecuting attorney of the proper
county shall take charge of and conduct the prosecution.
Sec. 4762.18. (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
oriental medicine or acupuncture without having first obtained a
certificate 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
oriental medicine or 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 oriental medicine or
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.
Sec. 4762.19. The state medical board may adopt any rules
necessary to govern the practice of oriental medicine, the
practice of acupuncture, the supervisory relationship between
oriental medicine practitioners or acupuncturists and supervising
physicians, the use of herbal therapy by oriental medicine
practitioners, 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.
Sec. 4762.22. An acupuncturist individual who holds a
certificate to practice as an oriental medicine practitioner or
certificate to practice as an acupuncturist issued under this
chapter shall have professional liability insurance coverage in an
amount that is not less than five hundred thousand dollars.
SECTION 2. That existing sections 4731.02, 4731.06, 4731.07,
4731.22, 4731.36, 4734.31, 4762.01, 4762.02, 4762.03, 4762.031,
4762.04, 4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 4762.11,
4762.12, 4762.13, 4762.131, 4762.132, 4762.14, 4762.15, 4762.16,
4762.17, 4762.18, 4762.19, and 4762.22 and section 4731.04 of the
Revised Code are hereby repealed.
SECTION 3. Section 4731.22 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 292 and Am. Sub. H.B. 487 of the 129th 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 composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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