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S. B. No. 141 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Schaffer, Seitz, Hughes, Hite
A BILL
To amend section 4731.36 of the Revised Code to
authorize a licensed physician from another state
to provide medical services to an out-of-state
athletic team and 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 section 4731.36 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
3901.80 of the Revised Code for the purpose of external reviews
conducted under sections 1751.84, 1751.85, 3923.67, 3923.68,
3923.76, and 3923.77 of the Revised Code.
(B)(1) Subject to division (B)(2) of this section, this
chapter does not apply to a physician licensed under the laws of
another state to practice medicine and surgery or osteopathic
medicine and surgery when the physician, pursuant to a written
agreement with an athletic team from another state, provides
medical services to either 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) An individual accompanying the athletic team.
(2) In providing medical services pursuant to division (B)(1)
of this section, the physician 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, 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.
Section 2. That existing section 4731.36 of the Revised Code
is hereby repealed.
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