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Sub. S. B. No. 141 As Enrolled
(129th General Assembly)
(Substitute Senate Bill Number 141)
AN ACT
To amend sections 4731.36, 4734.14, 4755.48, and
4755.99 of the Revised Code to authorize a
licensed physician, chiropractor, or physical
therapist from another state to provide services
to an out-of-state athletic team and certain
accompanying individuals when the team is
participating in a sporting event in Ohio.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 4731.36, 4734.14, 4755.48, and
4755.99 of the Revised Code be amended to read as follows:
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)(1) Subject to division (B)(2) of this section, this
chapter does not apply to a person who holds a current,
unrestricted license to practice medicine and surgery or
osteopathic medicine and surgery in another state when the person,
pursuant to a written agreement with an athletic team located in
the state in which the person holds the license, provides medical
services to any of the following while the team is traveling to or
from or participating in a sporting event in this state:
(a) A member of the athletic team;
(b) A member of the athletic team's coaching, communications,
equipment, or sports medicine staff;
(c) A member of a band or cheerleading squad accompanying the
athletic team;
(d) The athletic team's mascot.
(2) In providing medical services pursuant to division (B)(1)
of this section, the person shall not provide medical services at
a health care facility, including a hospital, an ambulatory
surgical facility, or any other facility in which medical care,
diagnosis, or treatment is provided on an inpatient or outpatient
basis.
(C) 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)(D) This chapter does not apply to an acupuncturist who
complies with Chapter 4762. of the Revised Code.
(D)(E) 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 10, 2001, as
long as the rule remains in effect, specifically authorizing an
individual to administer drugs.
(E)(F) 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. 4734.14. (A)(1) No Except as provided in division (B)
of this section, no person shall engage in the practice of
chiropractic without a current, valid license issued by the state
chiropractic board under this chapter.
(2) Except as provided in division (B)(C) of this section, no
person shall advertise or claim to be a chiropractor, doctor of
chiropractic, or chiropractic physician, or use the initials
"D.C." in connection with the person's name, unless the person
holds a current, valid license from the board.
(3) Subject to section 4734.17 of the Revised Code, no person
shall open or conduct an office or other place for the practice of
chiropractic without a license from the board.
(4) Subject to section 4734.17 of the Revised Code, no person
shall conduct an office in the name of some person who has a
license to practice chiropractic.
(5) No person shall practice chiropractic in violation of the
person's license revocation, forfeiture, or suspension or in
violation of any restriction, limitation, or condition placed on
the person's license.
(6) No person shall employ fraud or deception in applying for
or securing a license to practice chiropractic or in renewing a
license to practice chiropractic.
(7) No person shall make, issue, or publish, or cause to be
made, issued, or published, for the purpose of sale, barter, or
gift, a license, certificate, diploma, degree, or other writing or
document falsely representing the holder or receiver thereof to be
licensed under this chapter or to be a graduate of a chiropractic
school, college, or other educational institution of chiropractic,
or sell or dispose of, or offer to sell or dispose of such
license, certificate, diploma, degree, or other writing or
document containing such false representation or use the person's
name, or permit it to be used, as a subscriber to such false and
fictitious license, certificate, diploma, degree, or other writing
or document or engage in the practice of chiropractic under and by
virtue of such fraudulent license, certificate, diploma, degree,
or other writing or document.
(B)(1) Subject to division (B)(2) of this section, division
(A)(1) of this section does not apply to a person who holds a
current, unrestricted license to practice chiropractic in another
state when the person, pursuant to a written agreement with an
athletic team located in the state in which the person holds the
license, provides chiropractic services to any of the following
while the team is traveling to or from or participating in a
sporting event in this state:
(a) A member of the athletic team;
(b) A member of the athletic team's coaching, communications,
equipment, or sports medicine staff;
(c) A member of a band or cheerleading squad accompanying the
athletic team;
(d) The athletic team's mascot.
(2) In providing chiropractic services pursuant to division
(B)(1) of this section, the person shall not provide chiropractic
services at a health care facility.
(C) A person who has retired from the practice of
chiropractic in good standing and does not maintain a current,
valid license from the board may continue to claim to be a
chiropractor, doctor of chiropractic, or chiropractic physician,
or use the initials "D.C." in connection with the person's name,
if the person does not engage in the practice of chiropractic or
otherwise violate this chapter or the rules adopted under it.
A person whose license has been classified as inactive
pursuant to section 4734.26 of the Revised Code may continue to
claim to be a chiropractor, doctor of chiropractic, or
chiropractic physician, or use the initials "D.C." in connection
with the person's name, if the person does not engage in the
practice of chiropractic or otherwise violate this chapter or the
rules adopted under it.
(C)(D) In any proceeding for a violation of this section
brought against a person who is not licensed under this chapter
but is a graduate of a chiropractic college approved under section
4734.21 of the Revised Code, it shall be an affirmative defense
that the person is permitted to use the term "doctor" or the
initials "D.C." in connection with the person's name, but only to
the extent that the person does not indicate or act in a manner
implying that the person is licensed under this chapter or
otherwise violate this chapter or the rules adopted under it.
(D)(E) A document that is signed by the president or
executive director of the board and that has affixed the official
seal of the board to the effect that it appears from the records
of the board that a license to practice chiropractic in this state
has not been issued to a particular person, or that a license, if
issued, has been revoked or suspended, shall be received as
prima-facie evidence of the record of the board in any court or
before any officer of the state.
Sec. 4755.48. (A) No person shall employ fraud or deception
in applying for or securing a license to practice physical therapy
or to be a physical therapist assistant.
(B) No person shall practice or in any way imply or claim to
the public by words, actions, or the use of letters as described
in division (C) of this section to be able to practice physical
therapy or to provide physical therapy services, including
practice as a physical therapist assistant, unless the person
holds a valid license under sections 4755.40 to 4755.56 of the
Revised Code or except for submission of claims as provided in
section 4755.56 of the Revised Code.
(C) No person shall use the words or letters, physical
therapist, physical therapy, physical therapy services,
physiotherapist, physiotherapy, physiotherapy services, licensed
physical therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T.,
D.P.T., M.S.P.T., P.T.A., physical therapy assistant, physical
therapist assistant, physical therapy technician, licensed
physical therapist assistant, L.P.T.A., R.P.T.A., or any other
letters, words, abbreviations, or insignia, indicating or implying
that the person is a physical therapist or physical therapist
assistant without a valid license under sections 4755.40 to
4755.56 of the Revised Code.
(D) No person who practices physical therapy or assists in
the provision of physical therapy treatments under the supervision
of a physical therapist shall fail to display the person's current
license granted under sections 4755.40 to 4755.56 of the Revised
Code in a conspicuous location in the place where the person
spends the major part of the person's time so engaged.
(E) Nothing in sections 4755.40 to 4755.56 of the Revised
Code shall affect or interfere with the performance of the duties
of any physical therapist or physical therapist assistant in
active service in the army, navy, coast guard, marine corps, air
force, public health service, or marine hospital service of the
United States, while so serving.
(F) Nothing in sections 4755.40 to 4755.56 of the Revised
Code shall prevent or restrict the activities or services of a
person pursing pursuing a course of study leading to a degree in
physical therapy in an accredited or approved educational program
if the activities or services constitute a part of a supervised
course of study and the person is designated by a title that
clearly indicates the person's status as a student.
(G)(1) Subject to division (G)(2) of this section, nothing in
sections 4755.40 to 4755.56 of the Revised Code shall prevent or
restrict the activities or services of any person who holds a
current, unrestricted license to practice physical therapy in
another state when that person, pursuant to contract or employment
with an athletic team located in the state in which the person
holds the license, provides physical therapy to any of the
following while the team is traveling to or from or participating
in a sporting event in this state:
(a) A member of the athletic team;
(b) A member of the athletic team's coaching, communications,
equipment, or sports medicine staff;
(c) A member of a band or cheerleading squad accompanying the
athletic team;
(d) The athletic team's mascot.
(2) In providing physical therapy pursuant to division (G)(1)
of this section, the person shall not do either of the following:
(a) Provide physical therapy at a health care facility;
(b) Provide physical therapy for more than sixty days in a
calendar year.
(H) No person shall practice physical therapy other than on
the prescription of, or the referral of a patient by, a person who
is licensed in this or another state to practice medicine and
surgery, chiropractic, dentistry, osteopathic medicine and
surgery, podiatric medicine and surgery, or to practice nursing as
a certified registered nurse anesthetist, clinical nurse
specialist, certified nurse-midwife, or certified nurse
practitioner, within the scope of such practices, and whose
license is in good standing, unless either of the following
conditions is met:
(1) The person holds a master's or doctorate degree from a
professional physical therapy program that is accredited by a
national physical therapy accreditation agency recognized by the
United States department of education.
(2) On or before December 31, 2004, the person has completed
at least two years of practical experience as a licensed physical
therapist.
(H)(I) In the prosecution of any person for violation of
division (B) or (C) of this section, it is not necessary to allege
or prove want of a valid license to practice physical therapy or
to practice as a physical therapist assistant, but such matters
shall be a matter of defense to be established by the accused.
Sec. 4755.99. (A) Whoever violates sections 4755.05 or
4755.62 or divisions (A), (B), (C), (D), or (G)(H) of section
4755.48 of the Revised Code is guilty of a minor misdemeanor. If
the offender has previously been convicted of an offense under
that section, the offender is guilty of a misdemeanor of the third
degree on a first offense and a misdemeanor of the first degree on
each subsequent offense.
(B)(1) One-half of all fines collected for violation of
section 4755.05 of the Revised Code shall be distributed to the
occupational therapy section of the Ohio occupational therapy,
physical therapy, and athletic trainers board and then paid into
the state treasury to the credit of the occupational licensing and
regulatory fund, and one-half to the treasury of the municipal
corporation in which the offense was committed, or if the offense
was committed outside the limits of a municipal corporation, to
the treasury of the county.
(2) One-half of all fines collected for violation of section
4755.48 of the Revised Code shall be distributed to the physical
therapy section of the Ohio occupational therapy, physical
therapy, and athletic trainers board and then paid into the state
treasury to the credit of the occupational licensing and
regulatory fund, and one-half to the treasury of the municipal
corporation in which the offense was committed, or if the offense
was committed outside the limits of a municipal corporation, to
the treasury of the county.
(3) One-half of all fines collected for violation of section
4755.62 of the Revised Code shall be distributed to the athletic
trainers section of the Ohio occupational therapy, physical
therapy, and athletic trainers board and then paid into the state
treasury to the credit of the occupational licensing and
regulatory fund, and one-half to the treasury of the municipal
corporation in which the offense was committed, or if the offense
was committed outside the limits of a municipal corporation, to
the treasury of the county.
SECTION 2. That existing sections 4731.36, 4734.14, 4755.48,
and 4755.99 of the Revised Code are hereby repealed.
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