Bill Text: OH HB251 | 2011-2012 | 129th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-03-22 - Effective Date [HB251 Detail]

Download: Ohio-2011-HB251-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 251

Representative Schuring 

Cosponsors: Representatives Adams, J., Murray, Fedor, Phillips, Fende, Yuko, Hagan, R., Letson 

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A BILL

To amend sections 4731.22, 4731.36, 4734.31, 4762.01,

1

4762.02, 4762.03, 4762.031, 4762.04, 4762.05,

2

4762.06, 4762.08, 4762.09, 4762.10, 4762.11,

3

4762.12, 4762.13, 4762.131, 4762.132, 4762.14,

4

4762.15, 4762.16, 4762.17, 4762.18, 4762.19, and

5

4762.22 of the Revised Code to regulate the

6

practice of Oriental medicine and to modify the

7

laws governing the practice of acupuncture.

8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4731.22, 4731.36, 4734.31, 4762.01,	9
4762.02, 4762.03, 4762.031, 4762.04, 4762.05, 4762.06, 4762.08,	10
4762.09, 4762.10, 4762.11, 4762.12, 4762.13, 4762.131, 4762.132,	11
4762.14, 4762.15, 4762.16, 4762.17, 4762.18, 4762.19, and 4762.22	12
of the Revised Code be amended to read as follows:	13

Sec. 4731.22.  (A) The state medical board, by an affirmative	14
vote of not fewer than six of its members, may revoke or may	15
refuse to grant a certificate to a person found by the board to	16
have committed fraud during the administration of the examination	17
for a certificate to practice or to have committed fraud,	18
misrepresentation, or deception in applying for or securing any	19
certificate to practice or certificate of registration issued by	20
the board.	21

(B) The board, by an affirmative vote of not fewer than six	22
members, shall, to the extent permitted by law, limit, revoke, or	23
suspend an individual's certificate to practice, refuse to	24
register an individual, refuse to reinstate a certificate, or	25
reprimand or place on probation the holder of a certificate for	26
one or more of the following reasons:	27

(1) Permitting one's name or one's certificate to practice or	28
certificate of registration to be used by a person, group, or	29
corporation when the individual concerned is not actually	30
directing the treatment given;	31

(2) Failure to maintain minimal standards applicable to the	32
selection or administration of drugs, or failure to employ	33
acceptable scientific methods in the selection of drugs or other	34
modalities for treatment of disease;	35

(3) Selling, giving away, personally furnishing, prescribing,	36
or administering drugs for other than legal and legitimate	37
therapeutic purposes or a plea of guilty to, a judicial finding of	38
guilt of, or a judicial finding of eligibility for intervention in	39
lieu of conviction of, a violation of any federal or state law	40
regulating the possession, distribution, or use of any drug;	41

(4) Willfully betraying a professional confidence.

42

For purposes of this division, "willfully betraying a	43
professional confidence" does not include providing any	44
information, documents, or reports to a child fatality review	45
board under sections 307.621 to 307.629 of the Revised Code and	46
does not include the making of a report of an employee's use of a	47
drug of abuse, or a report of a condition of an employee other	48
than one involving the use of a drug of abuse, to the employer of	49
the employee as described in division (B) of section 2305.33 of	50
the Revised Code. Nothing in this division affects the immunity	51
from civil liability conferred by that section upon a physician	52
who makes either type of report in accordance with division (B) of	53
that section. As used in this division, "employee," "employer,"	54
and "physician" have the same meanings as in section 2305.33 of	55
the Revised Code.	56

(5) Making a false, fraudulent, deceptive, or misleading	57
statement in the solicitation of or advertising for patients; in	58
relation to the practice of medicine and surgery, osteopathic	59
medicine and surgery, podiatric medicine and surgery, or a limited	60
branch of medicine; or in securing or attempting to secure any	61
certificate to practice or certificate of registration issued by	62
the board.	63

As used in this division, "false, fraudulent, deceptive, or	64
misleading statement" means a statement that includes a	65
misrepresentation of fact, is likely to mislead or deceive because	66
of a failure to disclose material facts, is intended or is likely	67
to create false or unjustified expectations of favorable results,	68
or includes representations or implications that in reasonable	69
probability will cause an ordinarily prudent person to	70
misunderstand or be deceived.	71

(6) A departure from, or the failure to conform to, minimal	72
standards of care of similar practitioners under the same or	73
similar circumstances, whether or not actual injury to a patient	74
is established;	75

(7) Representing, with the purpose of obtaining compensation	76
or other advantage as personal gain or for any other person, that	77
an incurable disease or injury, or other incurable condition, can	78
be permanently cured;	79

(8) The obtaining of, or attempting to obtain, money or	80
anything of value by fraudulent misrepresentations in the course	81
of practice;	82

(9) A plea of guilty to, a judicial finding of guilt of, or a	83
judicial finding of eligibility for intervention in lieu of	84
conviction for, a felony;	85

(10) Commission of an act that constitutes a felony in this	86
state, regardless of the jurisdiction in which the act was	87
committed;	88

(11) A plea of guilty to, a judicial finding of guilt of, or	89
a judicial finding of eligibility for intervention in lieu of	90
conviction for, a misdemeanor committed in the course of practice;	91

(12) Commission of an act in the course of practice that	92
constitutes a misdemeanor in this state, regardless of the	93
jurisdiction in which the act was committed;	94

(13) A plea of guilty to, a judicial finding of guilt of, or	95
a judicial finding of eligibility for intervention in lieu of	96
conviction for, a misdemeanor involving moral turpitude;	97

(14) Commission of an act involving moral turpitude that	98
constitutes a misdemeanor in this state, regardless of the	99
jurisdiction in which the act was committed;	100

(15) Violation of the conditions of limitation placed by the	101
board upon a certificate to practice;	102

(16) Failure to pay license renewal fees specified in this	103
chapter;	104

(17) Except as authorized in section 4731.31 of the Revised	105
Code, engaging in the division of fees for referral of patients,	106
or the receiving of a thing of value in return for a specific	107
referral of a patient to utilize a particular service or business;	108

(18) Subject to section 4731.226 of the Revised Code,	109
violation of any provision of a code of ethics of the American	110
medical association, the American osteopathic association, the	111
American podiatric medical association, or any other national	112
professional organizations that the board specifies by rule. The	113
state medical board shall obtain and keep on file current copies	114
of the codes of ethics of the various national professional	115
organizations. The individual whose certificate is being suspended	116
or revoked shall not be found to have violated any provision of a	117
code of ethics of an organization not appropriate to the	118
individual's profession.	119

For purposes of this division, a "provision of a code of	120
ethics of a national professional organization" does not include	121
any provision that would preclude the making of a report by a	122
physician of an employee's use of a drug of abuse, or of a	123
condition of an employee other than one involving the use of a	124
drug of abuse, to the employer of the employee as described in	125
division (B) of section 2305.33 of the Revised Code. Nothing in	126
this division affects the immunity from civil liability conferred	127
by that section upon a physician who makes either type of report	128
in accordance with division (B) of that section. As used in this	129
division, "employee," "employer," and "physician" have the same	130
meanings as in section 2305.33 of the Revised Code.	131

(19) Inability to practice according to acceptable and	132
prevailing standards of care by reason of mental illness or	133
physical illness, including, but not limited to, physical	134
deterioration that adversely affects cognitive, motor, or	135
perceptive skills.	136

In enforcing this division, the board, upon a showing of a	137
possible violation, may compel any individual authorized to	138
practice by this chapter or who has submitted an application	139
pursuant to this chapter to submit to a mental examination,	140
physical examination, including an HIV test, or both a mental and	141
a physical examination. The expense of the examination is the	142
responsibility of the individual compelled to be examined. Failure	143
to submit to a mental or physical examination or consent to an HIV	144
test ordered by the board constitutes an admission of the	145
allegations against the individual unless the failure is due to	146
circumstances beyond the individual's control, and a default and	147
final order may be entered without the taking of testimony or	148
presentation of evidence. If the board finds an individual unable	149
to practice because of the reasons set forth in this division, the	150
board shall require the individual to submit to care, counseling,	151
or treatment by physicians approved or designated by the board, as	152
a condition for initial, continued, reinstated, or renewed	153
authority to practice. An individual affected under this division	154
shall be afforded an opportunity to demonstrate to the board the	155
ability to resume practice in compliance with acceptable and	156
prevailing standards under the provisions of the individual's	157
certificate. For the purpose of this division, any individual who	158
applies for or receives a certificate to practice under this	159
chapter accepts the privilege of practicing in this state and, by	160
so doing, shall be deemed to have given consent to submit to a	161
mental or physical examination when directed to do so in writing	162
by the board, and to have waived all objections to the	163
admissibility of testimony or examination reports that constitute	164
a privileged communication.	165

(20) Except when civil penalties are imposed under section	166
4731.225 or 4731.281 of the Revised Code, and subject to section	167
4731.226 of the Revised Code, violating or attempting to violate,	168
directly or indirectly, or assisting in or abetting the violation	169
of, or conspiring to violate, any provisions of this chapter or	170
any rule promulgated by the board.	171

This division does not apply to a violation or attempted	172
violation of, assisting in or abetting the violation of, or a	173
conspiracy to violate, any provision of this chapter or any rule	174
adopted by the board that would preclude the making of a report by	175
a physician of an employee's use of a drug of abuse, or of a	176
condition of an employee other than one involving the use of a	177
drug of abuse, to the employer of the employee as described in	178
division (B) of section 2305.33 of the Revised Code. Nothing in	179
this division affects the immunity from civil liability conferred	180
by that section upon a physician who makes either type of report	181
in accordance with division (B) of that section. As used in this	182
division, "employee," "employer," and "physician" have the same	183
meanings as in section 2305.33 of the Revised Code.	184

(21) The violation of section 3701.79 of the Revised Code or	185
of any abortion rule adopted by the public health council pursuant	186
to section 3701.341 of the Revised Code;	187

(22) Any of the following actions taken by the agency	188
responsible for regulating the practice of medicine and surgery,	189
osteopathic medicine and surgery, podiatric medicine and surgery,	190
or the limited branches of medicine in another jurisdiction, for	191
any reason other than the nonpayment of fees: the limitation,	192
revocation, or suspension of an individual's license to practice;	193
acceptance of an individual's license surrender; denial of a	194
license; refusal to renew or reinstate a license; imposition of	195
probation; or issuance of an order of censure or other reprimand;	196

(23) The violation of section 2919.12 of the Revised Code or	197
the performance or inducement of an abortion upon a pregnant woman	198
with actual knowledge that the conditions specified in division	199
(B) of section 2317.56 of the Revised Code have not been satisfied	200
or with a heedless indifference as to whether those conditions	201
have been satisfied, unless an affirmative defense as specified in	202
division (H)(2) of that section would apply in a civil action	203
authorized by division (H)(1) of that section;	204

(24) The revocation, suspension, restriction, reduction, or	205
termination of clinical privileges by the United States department	206
of defense or department of veterans affairs or the termination or	207
suspension of a certificate of registration to prescribe drugs by	208
the drug enforcement administration of the United States	209
department of justice;	210

(25) Termination or suspension from participation in the	211
medicare or medicaid programs by the department of health and	212
human services or other responsible agency for any act or acts	213
that also would constitute a violation of division (B)(2), (3),	214
(6), (8), or (19) of this section;	215

(26) Impairment of ability to practice according to	216
acceptable and prevailing standards of care because of habitual or	217
excessive use or abuse of drugs, alcohol, or other substances that	218
impair ability to practice.	219

For the purposes of this division, any individual authorized	220
to practice by this chapter accepts the privilege of practicing in	221
this state subject to supervision by the board. By filing an	222
application for or holding a certificate to practice under this	223
chapter, an individual shall be deemed to have given consent to	224
submit to a mental or physical examination when ordered to do so	225
by the board in writing, and to have waived all objections to the	226
admissibility of testimony or examination reports that constitute	227
privileged communications.	228

If it has reason to believe that any individual authorized to	229
practice by this chapter or any applicant for certification to	230
practice suffers such impairment, the board may compel the	231
individual to submit to a mental or physical examination, or both.	232
The expense of the examination is the responsibility of the	233
individual compelled to be examined. Any mental or physical	234
examination required under this division shall be undertaken by a	235
treatment provider or physician who is qualified to conduct the	236
examination and who is chosen by the board.	237

Failure to submit to a mental or physical examination ordered	238
by the board constitutes an admission of the allegations against	239
the individual unless the failure is due to circumstances beyond	240
the individual's control, and a default and final order may be	241
entered without the taking of testimony or presentation of	242
evidence. If the board determines that the individual's ability to	243
practice is impaired, the board shall suspend the individual's	244
certificate or deny the individual's application and shall require	245
the individual, as a condition for initial, continued, reinstated,	246
or renewed certification to practice, to submit to treatment.	247

Before being eligible to apply for reinstatement of a	248
certificate suspended under this division, the impaired	249
practitioner shall demonstrate to the board the ability to resume	250
practice in compliance with acceptable and prevailing standards of	251
care under the provisions of the practitioner's certificate. The	252
demonstration shall include, but shall not be limited to, the	253
following:	254

(a) Certification from a treatment provider approved under	255
section 4731.25 of the Revised Code that the individual has	256
successfully completed any required inpatient treatment;	257

(b) Evidence of continuing full compliance with an aftercare	258
contract or consent agreement;	259

(c) Two written reports indicating that the individual's	260
ability to practice has been assessed and that the individual has	261
been found capable of practicing according to acceptable and	262
prevailing standards of care. The reports shall be made by	263
individuals or providers approved by the board for making the	264
assessments and shall describe the basis for their determination.	265

The board may reinstate a certificate suspended under this	266
division after that demonstration and after the individual has	267
entered into a written consent agreement.	268

When the impaired practitioner resumes practice, the board	269
shall require continued monitoring of the individual. The	270
monitoring shall include, but not be limited to, compliance with	271
the written consent agreement entered into before reinstatement or	272
with conditions imposed by board order after a hearing, and, upon	273
termination of the consent agreement, submission to the board for	274
at least two years of annual written progress reports made under	275
penalty of perjury stating whether the individual has maintained	276
sobriety.	277

(27) A second or subsequent violation of section 4731.66 or	278
4731.69 of the Revised Code;	279

(28) Except as provided in division (N) of this section:

280

(a) Waiving the payment of all or any part of a deductible or	281
copayment that a patient, pursuant to a health insurance or health	282
care policy, contract, or plan that covers the individual's	283
services, otherwise would be required to pay if the waiver is used	284
as an enticement to a patient or group of patients to receive	285
health care services from that individual;	286

(b) Advertising that the individual will waive the payment of	287
all or any part of a deductible or copayment that a patient,	288
pursuant to a health insurance or health care policy, contract, or	289
plan that covers the individual's services, otherwise would be	290
required to pay.	291

(29) Failure to use universal blood and body fluid	292
precautions established by rules adopted under section 4731.051 of	293
the Revised Code;	294

(30) Failure to provide notice to, and receive acknowledgment	295
of the notice from, a patient when required by section 4731.143 of	296
the Revised Code prior to providing nonemergency professional	297
services, or failure to maintain that notice in the patient's	298
file;	299

(31) Failure of a physician supervising a physician assistant	300
to maintain supervision in accordance with the requirements of	301
Chapter 4730. of the Revised Code and the rules adopted under that	302
chapter;	303

(32) Failure of a physician or podiatrist to enter into a	304
standard care arrangement with a clinical nurse specialist,	305
certified nurse-midwife, or certified nurse practitioner with whom	306
the physician or podiatrist is in collaboration pursuant to	307
section 4731.27 of the Revised Code or failure to fulfill the	308
responsibilities of collaboration after entering into a standard	309
care arrangement;	310

(33) Failure to comply with the terms of a consult agreement	311
entered into with a pharmacist pursuant to section 4729.39 of the	312
Revised Code;	313

(34) Failure to cooperate in an investigation conducted by	314
the board under division (F) of this section, including failure to	315
comply with a subpoena or order issued by the board or failure to	316
answer truthfully a question presented by the board at a	317
deposition or in written interrogatories, except that failure to	318
cooperate with an investigation shall not constitute grounds for	319
discipline under this section if a court of competent jurisdiction	320
has issued an order that either quashes a subpoena or permits the	321
individual to withhold the testimony or evidence in issue;	322

(35) Failure to supervise an oriental medicine practitioner	323
or acupuncturist in accordance with Chapter 4762. of the Revised	324
Code and the board's rules for providing that supervision of an	325
acupuncturist;	326

(36) Failure to supervise an anesthesiologist assistant in	327
accordance with Chapter 4760. of the Revised Code and the board's	328
rules for supervision of an anesthesiologist assistant;	329

(37) Assisting suicide as defined in section 3795.01 of the	330
Revised Code;	331

(38) Failure to comply with the requirements of section	332
2317.561 of the Revised Code;	333

(39) Failure to supervise a radiologist assistant in	334
accordance with Chapter 4774. of the Revised Code and the board's	335
rules for supervision of radiologist assistants;	336

(40) Performing or inducing an abortion at an office or	337
facility with knowledge that the office or facility fails to post	338
the notice required under section 3701.791 of the Revised Code.	339

(C) Disciplinary actions taken by the board under divisions	340
(A) and (B) of this section shall be taken pursuant to an	341
adjudication under Chapter 119. of the Revised Code, except that	342
in lieu of an adjudication, the board may enter into a consent	343
agreement with an individual to resolve an allegation of a	344
violation of this chapter or any rule adopted under it. A consent	345
agreement, when ratified by an affirmative vote of not fewer than	346
six members of the board, shall constitute the findings and order	347
of the board with respect to the matter addressed in the	348
agreement. If the board refuses to ratify a consent agreement, the	349
admissions and findings contained in the consent agreement shall	350
be of no force or effect.	351

If the board takes disciplinary action against an individual	352
under division (B) of this section for a second or subsequent plea	353
of guilty to, or judicial finding of guilt of, a violation of	354
section 2919.123 of the Revised Code, the disciplinary action	355
shall consist of a suspension of the individual's certificate to	356
practice for a period of at least one year or, if determined	357
appropriate by the board, a more serious sanction involving the	358
individual's certificate to practice. Any consent agreement	359
entered into under this division with an individual that pertains	360
to a second or subsequent plea of guilty to, or judicial finding	361
of guilt of, a violation of that section shall provide for a	362
suspension of the individual's certificate to practice for a	363
period of at least one year or, if determined appropriate by the	364
board, a more serious sanction involving the individual's	365
certificate to practice.	366

(D) For purposes of divisions (B)(10), (12), and (14) of this	367
section, the commission of the act may be established by a finding	368
by the board, pursuant to an adjudication under Chapter 119. of	369
the Revised Code, that the individual committed the act. The board	370
does not have jurisdiction under those divisions if the trial	371
court renders a final judgment in the individual's favor and that	372
judgment is based upon an adjudication on the merits. The board	373
has jurisdiction under those divisions if the trial court issues	374
an order of dismissal upon technical or procedural grounds.	375

(E) The sealing of conviction records by any court shall have	376
no effect upon a prior board order entered under this section or	377
upon the board's jurisdiction to take action under this section	378
if, based upon a plea of guilty, a judicial finding of guilt, or a	379
judicial finding of eligibility for intervention in lieu of	380
conviction, the board issued a notice of opportunity for a hearing	381
prior to the court's order to seal the records. The board shall	382
not be required to seal, destroy, redact, or otherwise modify its	383
records to reflect the court's sealing of conviction records.	384

(F)(1) The board shall investigate evidence that appears to	385
show that a person has violated any provision of this chapter or	386
any rule adopted under it. Any person may report to the board in a	387
signed writing any information that the person may have that	388
appears to show a violation of any provision of this chapter or	389
any rule adopted under it. In the absence of bad faith, any person	390
who reports information of that nature or who testifies before the	391
board in any adjudication conducted under Chapter 119. of the	392
Revised Code shall not be liable in damages in a civil action as a	393
result of the report or testimony. Each complaint or allegation of	394
a violation received by the board shall be assigned a case number	395
and shall be recorded by the board.	396

(2) Investigations of alleged violations of this chapter or	397
any rule adopted under it shall be supervised by the supervising	398
member elected by the board in accordance with section 4731.02 of	399
the Revised Code and by the secretary as provided in section	400
4731.39 of the Revised Code. The president may designate another	401
member of the board to supervise the investigation in place of the	402
supervising member. No member of the board who supervises the	403
investigation of a case shall participate in further adjudication	404
of the case.	405

(3) In investigating a possible violation of this chapter or	406
any rule adopted under this chapter, the board may administer	407
oaths, order the taking of depositions, issue subpoenas, and	408
compel the attendance of witnesses and production of books,	409
accounts, papers, records, documents, and testimony, except that a	410
subpoena for patient record information shall not be issued	411
without consultation with the attorney general's office and	412
approval of the secretary and supervising member of the board.	413
Before issuance of a subpoena for patient record information, the	414
secretary and supervising member shall determine whether there is	415
probable cause to believe that the complaint filed alleges a	416
violation of this chapter or any rule adopted under it and that	417
the records sought are relevant to the alleged violation and	418
material to the investigation. The subpoena may apply only to	419
records that cover a reasonable period of time surrounding the	420
alleged violation.	421

On failure to comply with any subpoena issued by the board	422
and after reasonable notice to the person being subpoenaed, the	423
board may move for an order compelling the production of persons	424
or records pursuant to the Rules of Civil Procedure.	425

A subpoena issued by the board may be served by a sheriff,	426
the sheriff's deputy, or a board employee designated by the board.	427
Service of a subpoena issued by the board may be made by	428
delivering a copy of the subpoena to the person named therein,	429
reading it to the person, or leaving it at the person's usual	430
place of residence. When the person being served is a person whose	431
practice is authorized by this chapter, service of the subpoena	432
may be made by certified mail, restricted delivery, return receipt	433
requested, and the subpoena shall be deemed served on the date	434
delivery is made or the date the person refuses to accept	435
delivery.	436

A sheriff's deputy who serves a subpoena shall receive the	437
same fees as a sheriff. Each witness who appears before the board	438
in obedience to a subpoena shall receive the fees and mileage	439
provided for under section 119.094 of the Revised Code.	440

(4) All hearings and investigations of the board shall be	441
considered civil actions for the purposes of section 2305.252 of	442
the Revised Code.	443

(5) Information received by the board pursuant to an	444
investigation is confidential and not subject to discovery in any	445
civil action.	446

The board shall conduct all investigations and proceedings in	447
a manner that protects the confidentiality of patients and persons	448
who file complaints with the board. The board shall not make	449
public the names or any other identifying information about	450
patients or complainants unless proper consent is given or, in the	451
case of a patient, a waiver of the patient privilege exists under	452
division (B) of section 2317.02 of the Revised Code, except that	453
consent or a waiver of that nature is not required if the board	454
possesses reliable and substantial evidence that no bona fide	455
physician-patient relationship exists.	456

The board may share any information it receives pursuant to	457
an investigation, including patient records and patient record	458
information, with law enforcement agencies, other licensing	459
boards, and other governmental agencies that are prosecuting,	460
adjudicating, or investigating alleged violations of statutes or	461
administrative rules. An agency or board that receives the	462
information shall comply with the same requirements regarding	463
confidentiality as those with which the state medical board must	464
comply, notwithstanding any conflicting provision of the Revised	465
Code or procedure of the agency or board that applies when it is	466
dealing with other information in its possession. In a judicial	467
proceeding, the information may be admitted into evidence only in	468
accordance with the Rules of Evidence, but the court shall require	469
that appropriate measures are taken to ensure that confidentiality	470
is maintained with respect to any part of the information that	471
contains names or other identifying information about patients or	472
complainants whose confidentiality was protected by the state	473
medical board when the information was in the board's possession.	474
Measures to ensure confidentiality that may be taken by the court	475
include sealing its records or deleting specific information from	476
its records.	477

(6) On a quarterly basis, the board shall prepare a report	478
that documents the disposition of all cases during the preceding	479
three months. The report shall contain the following information	480
for each case with which the board has completed its activities:	481

(a) The case number assigned to the complaint or alleged	482
violation;	483

(b) The type of certificate to practice, if any, held by the	484
individual against whom the complaint is directed;	485

(c) A description of the allegations contained in the	486
complaint;	487

(d) The disposition of the case.

488

The report shall state how many cases are still pending and	489
shall be prepared in a manner that protects the identity of each	490
person involved in each case. The report shall be a public record	491
under section 149.43 of the Revised Code.	492

(G) If the secretary and supervising member determine that	493
there is clear and convincing evidence that an individual has	494
violated division (B) of this section and that the individual's	495
continued practice presents a danger of immediate and serious harm	496
to the public, they may recommend that the board suspend the	497
individual's certificate to practice without a prior hearing.	498
Written allegations shall be prepared for consideration by the	499
board.	500

The board, upon review of those allegations and by an	501
affirmative vote of not fewer than six of its members, excluding	502
the secretary and supervising member, may suspend a certificate	503
without a prior hearing. A telephone conference call may be	504
utilized for reviewing the allegations and taking the vote on the	505
summary suspension.	506

The board shall issue a written order of suspension by	507
certified mail or in person in accordance with section 119.07 of	508
the Revised Code. The order shall not be subject to suspension by	509
the court during pendency of any appeal filed under section 119.12	510
of the Revised Code. If the individual subject to the summary	511
suspension requests an adjudicatory hearing by the board, the date	512
set for the hearing shall be within fifteen days, but not earlier	513
than seven days, after the individual requests the hearing, unless	514
otherwise agreed to by both the board and the individual.	515

Any summary suspension imposed under this division shall	516
remain in effect, unless reversed on appeal, until a final	517
adjudicative order issued by the board pursuant to this section	518
and Chapter 119. of the Revised Code becomes effective. The board	519
shall issue its final adjudicative order within seventy-five days	520
after completion of its hearing. A failure to issue the order	521
within seventy-five days shall result in dissolution of the	522
summary suspension order but shall not invalidate any subsequent,	523
final adjudicative order.	524

(H) If the board takes action under division (B)(9), (11), or	525
(13) of this section and the judicial finding of guilt, guilty	526
plea, or judicial finding of eligibility for intervention in lieu	527
of conviction is overturned on appeal, upon exhaustion of the	528
criminal appeal, a petition for reconsideration of the order may	529
be filed with the board along with appropriate court documents.	530
Upon receipt of a petition of that nature and supporting court	531
documents, the board shall reinstate the individual's certificate	532
to practice. The board may then hold an adjudication under Chapter	533
119. of the Revised Code to determine whether the individual	534
committed the act in question. Notice of an opportunity for a	535
hearing shall be given in accordance with Chapter 119. of the	536
Revised Code. If the board finds, pursuant to an adjudication held	537
under this division, that the individual committed the act or if	538
no hearing is requested, the board may order any of the sanctions	539
identified under division (B) of this section.	540

(I) The certificate to practice issued to an individual under	541
this chapter and the individual's practice in this state are	542
automatically suspended as of the date of the individual's second	543
or subsequent plea of guilty to, or judicial finding of guilt of,	544
a violation of section 2919.123 of the Revised Code, or the date	545
the individual pleads guilty to, is found by a judge or jury to be	546
guilty of, or is subject to a judicial finding of eligibility for	547
intervention in lieu of conviction in this state or treatment or	548
intervention in lieu of conviction in another jurisdiction for any	549
of the following criminal offenses in this state or a	550
substantially equivalent criminal offense in another jurisdiction:	551
aggravated murder, murder, voluntary manslaughter, felonious	552
assault, kidnapping, rape, sexual battery, gross sexual	553
imposition, aggravated arson, aggravated robbery, or aggravated	554
burglary. Continued practice after suspension shall be considered	555
practicing without a certificate.	556

The board shall notify the individual subject to the	557
suspension by certified mail or in person in accordance with	558
section 119.07 of the Revised Code. If an individual whose	559
certificate is automatically suspended under this division fails	560
to make a timely request for an adjudication under Chapter 119. of	561
the Revised Code, the board shall do whichever of the following is	562
applicable:	563

(1) If the automatic suspension under this division is for a	564
second or subsequent plea of guilty to, or judicial finding of	565
guilt of, a violation of section 2919.123 of the Revised Code, the	566
board shall enter an order suspending the individual's certificate	567
to practice for a period of at least one year or, if determined	568
appropriate by the board, imposing a more serious sanction	569
involving the individual's certificate to practice.	570

(2) In all circumstances in which division (I)(1) of this	571
section does not apply, enter a final order permanently revoking	572
the individual's certificate to practice.	573

(J) If the board is required by Chapter 119. of the Revised	574
Code to give notice of an opportunity for a hearing and if the	575
individual subject to the notice does not timely request a hearing	576
in accordance with section 119.07 of the Revised Code, the board	577
is not required to hold a hearing, but may adopt, by an	578
affirmative vote of not fewer than six of its members, a final	579
order that contains the board's findings. In that final order, the	580
board may order any of the sanctions identified under division (A)	581
or (B) of this section.	582

(K) Any action taken by the board under division (B) of this	583
section resulting in a suspension from practice shall be	584
accompanied by a written statement of the conditions under which	585
the individual's certificate to practice may be reinstated. The	586
board shall adopt rules governing conditions to be imposed for	587
reinstatement. Reinstatement of a certificate suspended pursuant	588
to division (B) of this section requires an affirmative vote of	589
not fewer than six members of the board.	590

(L) When the board refuses to grant a certificate to an	591
applicant, revokes an individual's certificate to practice,	592
refuses to register an applicant, or refuses to reinstate an	593
individual's certificate to practice, the board may specify that	594
its action is permanent. An individual subject to a permanent	595
action taken by the board is forever thereafter ineligible to hold	596
a certificate to practice and the board shall not accept an	597
application for reinstatement of the certificate or for issuance	598
of a new certificate.	599

(M) Notwithstanding any other provision of the Revised Code,	600
all of the following apply:	601

(1) The surrender of a certificate issued under this chapter	602
shall not be effective unless or until accepted by the board.	603
Reinstatement of a certificate surrendered to the board requires	604
an affirmative vote of not fewer than six members of the board.	605

(2) An application for a certificate made under the	606
provisions of this chapter may not be withdrawn without approval	607
of the board.	608

(3) Failure by an individual to renew a certificate of	609
registration in accordance with this chapter shall not remove or	610
limit the board's jurisdiction to take any disciplinary action	611
under this section against the individual.	612

(N) Sanctions shall not be imposed under division (B)(28) of	613
this section against any person who waives deductibles and	614
copayments as follows:	615

(1) In compliance with the health benefit plan that expressly	616
allows such a practice. Waiver of the deductibles or copayments	617
shall be made only with the full knowledge and consent of the plan	618
purchaser, payer, and third-party administrator. Documentation of	619
the consent shall be made available to the board upon request.	620

(2) For professional services rendered to any other person	621
authorized to practice pursuant to this chapter, to the extent	622
allowed by this chapter and rules adopted by the board.	623

(O) Under the board's investigative duties described in this	624
section and subject to division (F) of this section, the board	625
shall develop and implement a quality intervention program	626
designed to improve through remedial education the clinical and	627
communication skills of individuals authorized under this chapter	628
to practice medicine and surgery, osteopathic medicine and	629
surgery, and podiatric medicine and surgery. In developing and	630
implementing the quality intervention program, the board may do	631
all of the following:	632

(1) Offer in appropriate cases as determined by the board an	633
educational and assessment program pursuant to an investigation	634
the board conducts under this section;	635

(2) Select providers of educational and assessment services,	636
including a quality intervention program panel of case reviewers;	637

(3) Make referrals to educational and assessment service	638
providers and approve individual educational programs recommended	639
by those providers. The board shall monitor the progress of each	640
individual undertaking a recommended individual educational	641
program.	642

(4) Determine what constitutes successful completion of an	643
individual educational program and require further monitoring of	644
the individual who completed the program or other action that the	645
board determines to be appropriate;	646

(5) Adopt rules in accordance with Chapter 119. of the	647
Revised Code to further implement the quality intervention	648
program.	649

An individual who participates in an individual educational	650
program pursuant to this division shall pay the financial	651
obligations arising from that educational program.	652

Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the Revised	653
Code shall not prohibit service in case of emergency, domestic	654
administration of family remedies, or provision of assistance to	655
another individual who is self-administering drugs.	656

Sections 4731.01 to 4731.47 of the Revised Code shall not	657
apply to any of the following:	658

(1) A commissioned medical officer of the United States armed	659
forces, as defined in section 5903.11 of the Revised Code, or an	660
employee of the veterans administration of the United States or	661
the United States public health service in the discharge of the	662
officer's or employee's professional duties;	663

(2) A dentist authorized under Chapter 4715. of the Revised	664
Code to practice dentistry when engaged exclusively in the	665
practice of dentistry or when administering anesthetics in the	666
practice of dentistry;	667

(3) A physician or surgeon in another state or territory who	668
is a legal practitioner of medicine or surgery therein when	669
providing consultation to an individual holding a certificate to	670
practice issued under this chapter who is responsible for the	671
examination, diagnosis, and treatment of the patient who is the	672
subject of the consultation, if one of the following applies:	673

(a) The physician or surgeon does not provide consultation in	674
this state on a regular or frequent basis.	675

(b) The physician or surgeon provides the consultation	676
without compensation of any kind, direct or indirect, for the	677
consultation.	678

(c) The consultation is part of the curriculum of a medical	679
school or osteopathic medical school of this state or a program	680
described in division (A)(2) of section 4731.291 of the Revised	681
Code.	682

(4) A physician or surgeon in another state or territory who	683
is a legal practitioner of medicine or surgery therein and	684
provided services to a patient in that state or territory, when	685
providing, not later than one year after the last date services	686
were provided in another state or territory, follow-up services in	687
person or through the use of any communication, including oral,	688
written, or electronic communication, in this state to the patient	689
for the same condition;	690

(5) A physician or surgeon residing on the border of a	691
contiguous state and authorized under the laws thereof to practice	692
medicine and surgery therein, whose practice extends within the	693
limits of this state. Such practitioner shall not either in person	694
or through the use of any communication, including oral, written,	695
or electronic communication, open an office or appoint a place to	696
see patients or receive calls within the limits of this state.	697

(6) A board, committee, or corporation engaged in the conduct	698
described in division (A) of section 2305.251 of the Revised Code	699
when acting within the scope of the functions of the board,	700
committee, or corporation;	701

(7) The conduct of an independent review organization	702
accredited by the superintendent of insurance under section	703
3901.80 of the Revised Code for the purpose of external reviews	704
conducted under sections 1751.84, 1751.85, 3923.67, 3923.68,	705
3923.76, and 3923.77 of the Revised Code.	706

(B) Sections 4731.51 to 4731.61 of the Revised Code do not	707
apply to any graduate of a podiatric school or college while	708
performing those acts that may be prescribed by or incidental to	709
participation in an accredited podiatric internship, residency, or	710
fellowship program situated in this state approved by the state	711
medical board.	712

(C) This chapter does not apply to an oriental medicine	713
practitioner or acupuncturist who complies with Chapter 4762. of	714
the Revised Code.	715

(D) This chapter does not prohibit the administration of	716
drugs by any of the following:	717

(1) An individual who is licensed or otherwise specifically	718
authorized by the Revised Code to administer drugs;	719

(2) An individual who is not licensed or otherwise	720
specifically authorized by the Revised Code to administer drugs,	721
but is acting pursuant to the rules for delegation of medical	722
tasks adopted under section 4731.053 of the Revised Code;	723

(3) An individual specifically authorized to administer drugs	724
pursuant to a rule adopted under the Revised Code that is in	725
effect on the effective date of this amendment, as long as the	726
rule remains in effect, specifically authorizing an individual to	727
administer drugs.	728

(E) The exemptions described in divisions (A)(3), (4), and	729
(5) of this section do not apply to a physician or surgeon whose	730
certificate to practice issued under this chapter is under	731
suspension or has been revoked or permanently revoked by action of	732
the state medical board.	733

Sec. 4734.31.  (A) The state chiropractic board may take any	734
of the actions specified in division (B) of this section against	735
an individual who has applied for or holds a license to practice	736
chiropractic in this state if any of the reasons specified in	737
division (C) of this section for taking action against an	738
individual are applicable. Except as provided in division (D) of	739
this section, actions taken against an individual shall be taken	740
in accordance with Chapter 119. of the Revised Code. The board may	741
specify that any action it takes is a permanent action. The	742
board's authority to take action against an individual is not	743
removed or limited by the individual's failure to renew a license.	744

(B) In its imposition of sanctions against an individual, the	745
board may do any of the following:	746

(1) Refuse to issue, renew, restore, or reinstate a license	747
to practice chiropractic or a certificate to practice acupuncture;	748

(2) Reprimand or censure a license holder;

749

(3) Place limits, restrictions, or probationary conditions on	750
a license holder's practice;	751

(4) Impose a civil fine of not more than five thousand	752
dollars according to a schedule of fines specified in rules that	753
the board shall adopt in accordance with Chapter 119. of the	754
Revised Code.	755

(5) Suspend a license to practice chiropractic or a	756
certificate to practice acupuncture for a limited or indefinite	757
period;	758

(6) Revoke a license to practice chiropractic or a	759
certificate to practice acupuncture.	760

(C) The board may take the actions specified in division (B)	761
of this section for any of the following reasons:	762

(1) A plea of guilty to, a judicial finding of guilt of, or a	763
judicial finding of eligibility for intervention in lieu of	764
conviction for, a felony in any jurisdiction, in which case a	765
certified copy of the court record shall be conclusive evidence of	766
the conviction;	767

(2) Commission of an act that constitutes a felony in this	768
state, regardless of the jurisdiction in which the act was	769
committed;	770

(3) A plea of guilty to, a judicial finding of guilt of, or a	771
judicial finding of eligibility for intervention in lieu of	772
conviction for, a misdemeanor involving moral turpitude, as	773
determined by the board, in which case a certified copy of the	774
court record shall be conclusive evidence of the matter;	775

(4) Commission of an act involving moral turpitude that	776
constitutes a misdemeanor in this state, regardless of the	777
jurisdiction in which the act was committed;	778

(5) A plea of guilty to, a judicial finding of guilt of, or a	779
judicial finding of eligibility for intervention in lieu of	780
conviction for, a misdemeanor committed in the course of practice,	781
in which case a certified copy of the court record shall be	782
conclusive evidence of the matter;	783

(6) Commission of an act in the course of practice that	784
constitutes a misdemeanor in this state, regardless of the	785
jurisdiction in which the act was committed;	786

(7) A violation or attempted violation of this chapter or the	787
rules adopted under it governing the practice of chiropractic and	788
the practice of acupuncture by a chiropractor licensed under this	789
chapter;	790

(8) Failure to cooperate in an investigation conducted by the	791
board, including failure to comply with a subpoena or order issued	792
by the board or failure to answer truthfully a question presented	793
by the board at a deposition or in written interrogatories, except	794
that failure to cooperate with an investigation shall not	795
constitute grounds for discipline under this section if the board	796
or a court of competent jurisdiction has issued an order that	797
either quashes a subpoena or permits the individual to withhold	798
the testimony or evidence in issue;	799

(9) Engaging in an ongoing professional relationship with a	800
person or entity that violates any provision of this chapter or	801
the rules adopted under it, unless the chiropractor makes a good	802
faith effort to have the person or entity comply with the	803
provisions;	804

(10) Retaliating against a chiropractor for the	805
chiropractor's reporting to the board or any other agency with	806
jurisdiction any violation of the law or for cooperating with the	807
board of another agency in the investigation of any violation of	808
the law;	809

(11) Aiding, abetting, assisting, counseling, or conspiring	810
with any person in that person's violation of any provision of	811
this chapter or the rules adopted under it, including the practice	812
of chiropractic without a license, the practice of acupuncture	813
without a certificate, or aiding, abetting, assisting, counseling,	814
or conspiring with any person in that person's unlicensed practice	815
of any other health care profession that has licensing	816
requirements;	817

(12) With respect to a report or record that is made, filed,	818
or signed in connection with the practice of chiropractic or	819
acupuncture, knowingly making or filing a report or record that is	820
false, intentionally or negligently failing to file a report or	821
record required by federal, state, or local law or willfully	822
impeding or obstructing the required filing, or inducing another	823
person to engage in any such acts;	824

(13) Making a false, fraudulent, or deceitful statement to	825
the board or any agent of the board during any investigation or	826
other official proceeding conducted by the board under this	827
chapter or in any filing that must be submitted to the board;	828

(14) Attempting to secure a license to practice chiropractic	829
or certificate to practice acupuncture or to corrupt the outcome	830
of an official board proceeding through bribery or any other	831
improper means;	832

(15) Willfully obstructing or hindering the board or any	833
agent of the board in the discharge of the board's duties;	834

(16) Habitually using drugs or intoxicants to the extent that	835
the person is rendered unfit for the practice of chiropractic or	836
acupuncture;	837

(17) Inability to practice chiropractic or acupuncture	838
according to acceptable and prevailing standards of care by reason	839
of chemical dependency, mental illness, or physical illness,	840
including conditions in which physical deterioration has adversely	841
affected the person's cognitive, motor, or perceptive skills and	842
conditions in which a chiropractor's continued practice may pose a	843
danger to the chiropractor or the public;	844

(18) Any act constituting gross immorality relative to the	845
person's practice of chiropractic or acupuncture, including acts	846
involving sexual abuse, sexual misconduct, or sexual exploitation;	847

(19) Exploiting a patient for personal or financial gain;

848

(20) Failing to maintain proper, accurate, and legible	849
records in the English language documenting each patient's care,	850
including, as appropriate, records of the following: dates of	851
treatment, services rendered, examinations, tests, x-ray reports,	852
referrals, and the diagnosis or clinical impression and clinical	853
treatment plan provided to the patient;	854

(21) Except as otherwise required by the board or by law,	855
disclosing patient information gained during the chiropractor's	856
professional relationship with a patient without obtaining the	857
patient's authorization for the disclosure;	858

(22) Commission of willful or gross malpractice, or willful	859
or gross neglect, in the practice of chiropractic or acupuncture;	860

(23) Failing to perform or negligently performing an act	861
recognized by the board as a general duty or the exercise of due	862
care in the practice of chiropractic or acupuncture, regardless of	863
whether injury results to a patient from the failure to perform or	864
negligent performance of the act;	865

(24) Engaging in any conduct or practice that impairs or may	866
impair the ability to practice chiropractic or acupuncture safely	867
and skillfully;	868

(25) Practicing, or claiming to be capable of practicing,	869
beyond the scope of the practice of chiropractic or acupuncture as	870
established under this chapter and the rules adopted under this	871
chapter;	872

(26) Accepting and performing professional responsibilities	873
as a chiropractor or chiropractor with a certificate to practice	874
acupuncture when not qualified to perform those responsibilities,	875
if the person knew or had reason to know that the person was not	876
qualified to perform them;	877

(27) Delegating any of the professional responsibilities of a	878
chiropractor or chiropractor with a certificate to practice	879
acupuncture to an employee or other individual when the delegating	880
chiropractor knows or had reason to know that the employee or	881
other individual is not qualified by training, experience, or	882
professional licensure to perform the responsibilities;	883

(28) Delegating any of the professional responsibilities of a	884
chiropractor or chiropractor with a certificate to practice	885
acupuncture to an employee or other individual in a negligent	886
manner or failing to provide proper supervision of the employee or	887
other individual to whom the responsibilities are delegated;	888

(29) Failing to refer a patient to another health care	889
practitioner for consultation or treatment when the chiropractor	890
knows or has reason to know that the referral is in the best	891
interest of the patient;	892

(30) Obtaining or attempting to obtain any fee or other	893
advantage by fraud or misrepresentation;	894

(31) Making misleading, deceptive, false, or fraudulent	895
representations in the practice of chiropractic or acupuncture;	896

(32) Being guilty of false, fraudulent, deceptive, or	897
misleading advertising or other solicitations for patients or	898
knowingly having professional connection with any person that	899
advertises or solicits for patients in such a manner;	900

(33) Violation of a provision of any code of ethics	901
established or adopted by the board under section 4734.16 of the	902
Revised Code;	903

(34) Failing to meet the examination requirements for receipt	904
of a license specified under section 4734.20 of the Revised Code;	905

(35) Actions taken for any reason, other than nonpayment of	906
fees, by the chiropractic or acupuncture licensing authority of	907
another state or country;	908

(36) Failing to maintain clean and sanitary conditions at the	909
clinic, office, or other place in which chiropractic services or	910
acupuncture services are provided;	911

(37) Except as provided in division (G) of this section:

912

(a) Waiving the payment of all or any part of a deductible or	913
copayment that a patient, pursuant to a health insurance or health	914
care policy, contract, or plan that covers the chiropractor's	915
services, otherwise would be required to pay if the waiver is used	916
as an enticement to a patient or group of patients to receive	917
health care services from that chiropractor;	918

(b) Advertising that the chiropractor will waive the payment	919
of all or any part of a deductible or copayment that a patient,	920
pursuant to a health insurance or health care policy, contract, or	921
plan that covers the chiropractor's services, otherwise would be	922
required to pay.	923

(38) Failure to supervise an oriental medicine practitioner	924
performing acupuncture or an acupuncturist in accordance with the	925
provisions of section 4762.11 of the Revised Code that are	926
applicable to thea supervising chiropractor of an acupuncturist.	927

(D) The adjudication requirements of Chapter 119. of the	928
Revised Code apply to the board when taking actions against an	929
individual under this section, except as follows:	930

(1) An applicant is not entitled to an adjudication for	931
failing to meet the conditions specified under section 4734.20 of	932
the Revised Code for receipt of a license that involve the board's	933
examination on jurisprudence or the examinations of the national	934
board of chiropractic examiners.	935

(2) A person is not entitled to an adjudication if the person	936
fails to make a timely request for a hearing, in accordance with	937
Chapter 119. of the Revised Code.	938

(3) In lieu of an adjudication, the board may accept the	939
surrender of a license to practice chiropractic or certificate to	940
practice acupuncture from a chiropractor.	941

(4) In lieu of an adjudication, the board may enter into a	942
consent agreement with an individual to resolve an allegation of a	943
violation of this chapter or any rule adopted under it. A consent	944
agreement, when ratified by the board, shall constitute the	945
findings and order of the board with respect to the matter	946
addressed in the agreement. If the board refuses to ratify a	947
consent agreement, the admissions and findings contained in the	948
consent agreement shall be of no force or effect.	949

(E) This section does not require the board to hire, contract	950
with, or retain the services of an expert witness when the board	951
takes action against a chiropractor concerning compliance with	952
acceptable and prevailing standards of care in the practice of	953
chiropractic or acupuncture. As part of an action taken concerning	954
compliance with acceptable and prevailing standards of care, the	955
board may rely on the knowledge of its members for purposes of	956
making a determination of compliance, notwithstanding any expert	957
testimony presented by the chiropractor that contradicts the	958
knowledge and opinions of the members of the board.	959

(F) The sealing of conviction records by a court shall have	960
no effect on a prior board order entered under this section or on	961
the board's jurisdiction to take action under this section if,	962
based on a plea of guilty, a judicial finding of guilt, or a	963
judicial finding of eligibility for intervention in lieu of	964
conviction, the board issued a notice of opportunity for a hearing	965
prior to the court's order to seal the records. The board shall	966
not be required to seal, destroy, redact, or otherwise modify its	967
records to reflect the court's sealing of conviction records.	968

(G) Actions shall not be taken pursuant to division (C)(37)	969
of this section against any chiropractor who waives deductibles	970
and copayments as follows:	971

(1) In compliance with the health benefit plan that expressly	972
allows a practice of that nature. Waiver of the deductibles or	973
copayments shall be made only with the full knowledge and consent	974
of the plan purchaser, payer, and third-party administrator.	975
Documentation of the consent shall be made available to the board	976
upon request.	977

(2) For professional services rendered to any other person	978
licensed pursuant to this chapter, to the extent allowed by this	979
chapter and the rules of the board.	980

Sec. 4762.01.  As used in this chapter:

981

(A) "Acupuncture" means a form of health care performed by	982
the insertion and removal of specialized needles, with or without	983
the applicationuse of moxibustion or electrical stimulation	984
supplemental techniques, to specific areas of the human body.	985

(B) "Chiropractor" means an individual licensed under Chapter	986
4734. of the Revised Code to engage in the practice of	987
chiropractic.	988

(C) "Herbal therapy" means the use of herbs, vitamins,	989
minerals, organ extracts, homeopathics, or physiologic materials	990
for energetic or physiologic therapy.	991

(D) "Moxibustion" means the use of an herbal heat source on	992
one or more acupuncture points.	993

(D)(E) "Oriental medicine" means a form of health care in	994
which acupuncture is performed with or without the use of herbal	995
therapy. "Physician" means an individual authorized under Chapter	996
4731. of the Revised Code to practice medicine and surgery,	997
osteopathic medicine and surgery, or podiatry.	998

(F) "Supplemental techniques" means the use of traditional	999
and modern oriental therapeutics, heat therapy, moxibustion,	1000
acupressure and other forms of Chinese massage, and counseling	1001
that includes the provision of information regarding lifestyle	1002
modifications and the therapeutic use of foods and supplements,	1003
including homeopathics, glandulars, vitamins, and minerals.	1004

Sec. 4762.02.  (A) Except as provided in division (B), (C),	1005
or (D) of this section, no person shall engagedo either of the	1006
following:	1007

(1) Engage in the practice of oriental medicine unless the	1008
person holds a valid certificate to practice as an oriental	1009
medicine practitioner issued by the state medical board under this	1010
chapter;	1011

(2) Engage in the practice of acupuncture unless the person	1012
holds a valid certificate to practice as an acupuncturist issued	1013
by the state medical board under this chapter.	1014

(B) Division (A) of this section does not apply to the	1015
following:	1016

(1) Aa physician;.

1017

(2)(C) Division (A)(1) of this section does not apply to the	1018
following:	1019

(1) A person who engages in activities included in the	1020
practice of oriental medicine as part of a training program in	1021
oriental medicine, but only if both of the following conditions	1022
are met:	1023

(a) The training program is operated by an educational	1024
institution that holds an effective certificate of authorization	1025
issued by the Ohio board of regents under section 1713.02 of the	1026
Revised Code or a school that holds an effective certificate of	1027
registration issued by the state board of career colleges and	1028
schools under section 3332.05 of the Revised Code.	1029

(b) The person engages in the activities under the general	1030
supervision of an oriental medicine practitioner who holds a	1031
certificate to practice issued under this chapter and is not	1032
practicing within the supervisory period required by section	1033
4762.10 of the Revised Code.	1034

(2) To the extent that acupuncture is a component of oriental	1035
medicine, an acupuncturist holding a certificate to practice	1036
issued under this chapter.	1037

(D) Division (A)(2) of this section does not apply to the	1038
following:	1039

(1) A person who performs acupuncture as part of a training	1040
program in acupuncture, but only if both of the following	1041
conditions are met:	1042

(a) The training program is operated by an educational	1043
institution that holds an effective certificate of authorization	1044
issued by the Ohio board of regents under section 1713.02 of the	1045
Revised Code or a school that holds an effective certificate of	1046
registration issued by the state board of career colleges and	1047
schools under section 3332.05 of the Revised Code.	1048

(b) The person performs the acupuncture under the general	1049
supervision of an acupuncturist who holds a certificate to	1050
practice as an acupuncturist issued under this chapter and is not	1051
practicing within the supervisory period required by section	1052
4762.10 of the Revised Code.	1053

(3)(2) An oriental medicine practitioner holding a	1054
certificate to practice issued under this chapter.	1055

(3) A chiropractor who holds a certificate to practice	1056
acupuncture issued by the state chiropractic board under section	1057
4734.283 of the Revised Code.	1058

Sec. 4762.03.  (A) An individual seeking a certificate to	1059
practice as an acupuncturistissued under this chapter shall file	1060
with the state medical board a written application on a form	1061
prescribed and supplied by the board. The application shall	1062
include all of the following:	1063

(1) Evidence satisfactory to the board that the applicant is	1064
at least eighteen years of age and of good moral character;	1065

(2) Evidence(a) For an applicant seeking a certificate to	1066
practice as an oriental medicine practitioner, evidence	1067
satisfactory to the board that the applicant holds a current and	1068
active designation from the national certification commission for	1069
acupuncture and oriental medicine as either a diplomate in	1070
oriental medicine or a diplomate of acupuncture and Chinese	1071
herbology;	1072

(b) For an applicant seeking a certificate to practice as an	1073
acupuncturist, evidence satisfactory to the board that the	1074
applicant has been designated as a diplomate in acupuncture by	1075
holds a current and active designation from the national	1076
certification commission for acupuncture and oriental medicine and	1077
that the designation is current and activeas a diplomate in	1078
acupuncture;	1079

(3) Any other information the board requires.

1080

(B) The board shall review all applications received under	1081
this section. The board shall determine whether an applicant meets	1082
the requirements to receive a certificate to practice not later	1083
than sixty days after receiving a complete application. The	1084
affirmative vote of not fewer than six members of the board is	1085
required to determine that an applicant meets the requirements for	1086
a certificate.	1087

(C) At the time of making application for a certificate to	1088
practice, the applicant shall pay the board a fee of one hundred	1089
dollars, no part of which shall be returned.	1090

Sec. 4762.031.  In addition to any other eligibility	1091
requirement set forth in this chapter, each applicant for a	1092
certificate to practice as an acupuncturistissued under this	1093
chapter shall comply with sections 4776.01 to 4776.04 of the	1094
Revised Code. The state medical board shall not grant to an	1095
applicant a certificate to practice as an acupuncturist unless the	1096
board, in its discretion, decides that the results of the criminal	1097
records check do not make the applicant ineligible for a	1098
certificate issued pursuant to section 4762.04 of the Revised	1099
Code.	1100

Sec. 4762.04.  If the state medical board determines under	1101
section 4762.03 of the Revised Code that an applicant meets the	1102
requirements for a certificate to practice as an acupuncturist	1103
issued under this chapter, the secretary of the board shall	1104
register the applicant as an oriental medicine practitioner or	1105
acupuncturist, as appropriate, and issue to the applicant a	1106
certificate to practice as an acupuncturist. The certificate shall	1107
expire biennially and may be renewed in accordance with section	1108
4762.06 of the Revised Code.	1109

Sec. 4762.05.  Upon application by the holder of a	1110
certificate to practice as an acupuncturistissued under this	1111
chapter, the state medical board shall issue a duplicate	1112
certificate to replace one that is missing or damaged, to reflect	1113
a name change, or for any other reasonable cause. The fee for a	1114
duplicate certificate is thirty-five dollars.	1115

Sec. 4762.06.  (A) A person seeking to renew a certificate to	1116
practice as an acupuncturistissued under this chapter shall, on	1117
or before the thirty-first day of January of each even-numbered	1118
year, apply for renewal of the certificate. The state medical	1119
board shall send renewal notices at least one month prior to the	1120
expiration date.	1121

Applications shall be submitted to the board on forms the	1122
board shall prescribe and supply. Each application shall be	1123
accompanied by a biennial renewal fee of one hundred dollars.	1124

The applicant shall report any criminal offense that	1125
constitutes grounds for refusing to issue a certificate under	1126
section 4762.13 of the Revised Code to which the applicant has	1127
pleaded guilty, of which the applicant has been found guilty, or	1128
for which the applicant has been found eligible for intervention	1129
in lieu of conviction, since last signing an application for a	1130
certificate to practice as an acupuncturistissued under this	1131
chapter.	1132

(B)(1) To be eligible for renewal, an acupuncturist must	1133
applicant shall do all of the following:	1134

(a)(i) For renewal of an oriental medicine certificate,	1135
certify to the board that the oriental medicine practitioner holds	1136
a current and active designation from the national certification	1137
commission for acupuncture and oriental medicine as either a	1138
diplomate in oriental medicine or a diplomate of acupuncture and	1139
Chinese herbology;	1140

(ii) For renewal of an acupuncture certificate, certify to	1141
the board that the acupuncturist has maintained the	1142
acupuncturist'sholds a current and active designation as a	1143
diplomate in acupuncture byfrom the national certification	1144
commission for acupuncture and oriental medicine as a diplomate in	1145
acupuncture;	1146

(b) Except as provided in division (B)(2) of this section,	1147
certify to the board that the applicant has successfully completed	1148
one six-hour course in herb and drug interaction approved by the	1149
national certification commission for acupuncture and oriental	1150
medicine in the six years immediately preceding the certificate's	1151
expiration date;	1152

(c) Except as provided in division (B)(2) of this section and	1153
only for the initial renewal of a certificate to practice, certify	1154
to the board that the applicant has successfully completed one	1155
course on federal food and drug administration dispensary and	1156
compounding guidelines and procedures.	1157

(2) An acupuncturist who seeks to renew a certificate to	1158
practice on or before January 31, 2012, shall certify to the board	1159
the educational requirements under divisions (B)(1)(b) and (c) of	1160
this section on or before January 31, 2014.	1161

(C) If an applicant submits a complete renewal application	1162
and qualifies for renewal pursuant to division (B) of this	1163
section, the board shall issue to the applicant a renewed	1164
certificate to practice as an acupuncturist.	1165

(D) A certificate to practice that is not renewed on or	1166
before its expiration date is automatically suspended on its	1167
expiration date. If a certificate has been suspended pursuant to	1168
this division for two years or less, the board shall reinstate the	1169
certificate upon an applicant's submission of a renewal	1170
application, the biennial renewal fee, and the applicable monetary	1171
penalty. The penalty for reinstatement is twenty-five dollars. If	1172
a certificate has been suspended pursuant to this division for	1173
more than two years, it may be restored upon an applicant's	1174
submission of a restoration application, the biennial registration	1175
fee, and the applicable monetary penalty and compliance with	1176
sections 4776.01 to 4776.04 of the Revised Code. The board shall	1177
not restore a certificate to practice unless the board, in its	1178
discretion, decides that the results of the criminal records check	1179
do not make the applicant ineligible for a certificate issued	1180
pursuant to section 4762.04 of the Revised Code. The penalty for	1181
restoration is fifty dollars.	1182

Sec. 4762.08. (A) A person who holds a certificate to	1183
practice as an oriental medicine practitioner issued under this	1184
chapter may use the following titles, initials, or abbreviations,	1185
or the equivalent of such titles, initials, or abbreviations, to	1186
identify the person as an oriental medicine practitioner:	1187
"Oriental Medicine Practitioner," "Licensed Oriental Medicine	1188
Practitioner," "L.O.M.," "Diplomate in Oriental Medicine	1189
(NCCAOM)," "Dipl. O.M. (NCCAOM)," "National Board Certified in	1190
Oriental Medicine (NCCAOM)," "Acupuncturist," "Licensed	1191
Acupuncturist," "L.Ac. and L.C.H.," "Diplomate of Acupuncture and	1192
Chinese Herbology (NCCAOM)," "Dipl. Ac. and Dipl. C.H. (NCCAOM),"	1193
or "National Board Certified in Acupuncture and Chinese Herbology	1194
(NCCAOM)." The person shall not use other titles, initials, or	1195
abbreviations in conjunction with the person's practice of	1196
oriental medicine, including the title "doctor."	1197

(B) A person who holds a certificate to practice as an	1198
acupuncturist issued under this chapter may use the following	1199
titles, initials, or abbreviations, or the equivalent of such	1200
titles, initials, or abbreviations, to identify the person as an	1201
acupuncturist: "Acupuncturist," "Licensed Acupuncturist," "L.Ac.,"	1202
"Diplomate ofin Acupuncture (NCCAOM)," "Dipl. Ac. (NCCAOM)," or	1203
"National Board Certified in Acupuncture (NCCAOM)." The person	1204
shall not use other titles, initials, or abbreviations in	1205
conjunction with the person's practice of acupuncture, including	1206
the title "doctor."	1207

Sec. 4762.09.  An oriental medicine practitioner or	1208
acupuncturist who holdsholding a certificate to practice issued	1209
under this chapter shall conspicuously display at the	1210
acupuncturist'sindividual's primary place of business both of the	1211
following:	1212

(A) The acupuncturist'sindividual's certificate, as evidence	1213
that the acupuncturistindividual is authorized to practice	1214
acupuncture in this state;	1215

(B) A notice specifying that the practice of oriental	1216
medicine or acupuncture, as applicable, under the certificate is	1217
regulated by the state medical board and the address and telephone	1218
number of the board's office.	1219

Sec. 4762.10.  (A) As used in this section, "disciplinary	1220
action" means an action taken by the state medical board pursuant	1221
to section 4762.13 of the Revised Code.	1222

(B) The practice of an oriental medicine practitioner and an	1223
acupuncturist is subject to a supervisory period if either of the	1224
following applies:	1225

(1) Except as otherwise provided in division (B)(1) of this	1226
section, if an acupuncturist practicing on the effective date of	1227
this amendmentAugust 22, 2008, has practiced for less than one	1228
year and is not subject to any disciplinary action, supervision	1229
shall be for a period beginning on the effective date of this	1230
amendmentAugust 22, 2008, and ending when the acupuncturist has	1231
practiced for one year from the date the initial certificate was	1232
granted. If the acupuncturist is subject to disciplinary action	1233
during that period, the supervision shall continue until the	1234
acupuncturist has not been subject to any disciplinary action for	1235
one year.	1236

(2) Except as otherwise provided in division (B)(2) of this	1237
section, if an acupuncturista certificate holder is granted an	1238
initial certificate to practice on or after the effective date of	1239
this amendmentsection, as amended by this act, the supervisory	1240
period shall begin on the date the certificate is granted and end	1241
one year thereafter. If the acupuncturistcertificate holder is	1242
subject to disciplinary action during that year, the supervision	1243
shall continue until the acupuncturistcertificate holder has not	1244
been subject to any disciplinary action for one year.	1245

(C) During an acupuncturist'sa certificate holder's	1246
supervisory period, both of the following apply to the	1247
acupuncturist'scertificate holder's practice in addition to the	1248
requirements of division (E) of this section:	1249

(1) TheAn oriental medicine practitioner shall perform	1250
oriental medicine or acupuncture for a patient only if the patient	1251
has received a written referral or prescription for oriental	1252
medicine or acupuncture from a physician or for acupuncture from a	1253
chiropractor. An acupuncturist shall perform acupuncture for a	1254
patient only if the patient has received a written referral or	1255
prescription for acupuncture from a physician or chiropractor. As	1256
specified in the referral or prescription, the acupuncturist	1257
certificate holder shall provide reports to the physician or	1258
chiropractor on the patient's condition or progress in treatment	1259
and comply with the conditions or restrictions on the	1260
acupuncturist'scertificate holder's course of treatment.	1261

(2) The acupuncturistcertificate holder shall perform	1262
oriental medicine or acupuncture under the general supervision of	1263
the patient's referring or prescribing physician or chiropractor.	1264
General supervision does not require that the acupuncturist	1265
certificate holder and physician or chiropractor practice in the	1266
same office.	1267

(D) After an acupuncturist'sa certificate holder's	1268
supervisory period has ended, both of the following apply to the	1269
acupuncturist'scertificate holder's practice in addition to the	1270
applicable requirements of division (E) of this section:	1271

(1) Before treating a patient for a particular condition, the	1272
acupuncturistcertificate holder shall confirm whether the patient	1273
has undergone within the past six months a diagnostic examination	1274
that was related to the condition for which the patient is seeking	1275
oriental medicine or acupuncture and was performed by a physician	1276
or chiropractor acting within the physicianphysician's or	1277
chiropractor's scope of practice. Confirmation that the diagnostic	1278
examination was performed may be made by obtaining from the	1279
patient a signed form stating that the patient has undergone the	1280
examination.	1281

(2) If the patient does not provide the signed form specified	1282
in division (D)(1) of this section or the acupuncturist	1283
certificate holder otherwise determines that the patient has not	1284
undergone the diagnostic examination specified in that division,	1285
the acupuncturistcertificate holder shall provide to the patient	1286
a written recommendation to undergo a diagnostic examination by a	1287
physician or chiropractor.	1288

(E) In the practice of oriental medicine and acupuncture	1289
pursuant to a certificate to practice issued under this chapter,	1290
all of the following apply:	1291

(1) Prior to treating a patient, the acupuncturist	1292
certificate holder shall advise the patient that oriental medicine	1293
or acupuncture, as appropriate, is not a substitute for	1294
conventional medical diagnosis and treatment.	1295

(2) On initially meeting a patient in person, the	1296
acupuncturistcertificate holder shall provide in writing the	1297
acupuncturist'scertificate holder's name, business address, and	1298
business telephone number, and information on oriental medicine or	1299
acupuncture, as appropriate, including the techniques that are	1300
used.	1301

(3) While treating a patient, the acupuncturistcertificate	1302
holder shall not make a diagnosis. If a patient's condition is not	1303
improving or a patient requires emergency medical treatment, the	1304
acupuncturistcertificate holder shall consult promptly with a	1305
physician.	1306

(4) The acupuncturistcertificate holder shall maintain	1307
records for each patient treated. The records shall be	1308
confidential and shall be retained for not less than three years	1309
following termination of treatment.	1310

During an acupuncturist'sa certificate holder's supervisory	1311
period, the acupuncturistcertificate holder shall include in a	1312
patient's records the written referral or prescription pursuant to	1313
which the acupuncturistcertificate holder is treating the	1314
patient.	1315

(5) An individual performing acupuncture pursuant to a	1316
certificate to practice as an acupuncturist, rather than a	1317
certificate to practice oriental medicine, shall not perform	1318
acupuncture with the use of herbal therapy.	1319

(6) An individual who holds a certificate to practice	1320
oriental medicine may administer or dispense, during the use of	1321
herbal therapy, therapeutic herbs that contain ingredients that	1322
are similar or equivalent to active ingredients found in a drug	1323
approved by the federal food and drug administration.	1324

Sec. 4762.11.  All of the following apply to a supervising	1325
physician or chiropractor supervising an acupuncturist during the	1326
acupuncturist's supervisory period required by section 4762.10 of	1327
the Revised Code:	1328

(A) Before making the referral or prescription for oriental	1329
medicine or acupuncture, the physician shall perform a medical	1330
diagnostic examination of the patient or review the results of a	1331
medical diagnostic examination recently performed by another	1332
physician, or, in the case of a chiropractor, the chiropractor	1333
shall perform a chiropractic diagnostic examination of the patient	1334
or review the results of a chiropractic diagnostic examination	1335
recently performed by another chiropractor.	1336

(B) The physician or chiropractor shall make the referral or	1337
prescription in writing and specify in the referral or	1338
prescription all of the following:	1339

(1) The physician's or chiropractor's diagnosis of the	1340
ailment or condition that is to be treated by oriental medicine or	1341
acupuncture;	1342

(2) A time by which or the intervals at which the oriental	1343
medicine practitioner or acupuncturist holding a certificate to	1344
practice issued under this chapter must provide reports to the	1345
physician or chiropractor regarding the patient's condition or	1346
progress in treatment;	1347

(3) The conditions or restrictions placed in accordance with	1348
division (C) of this section on the acupuncturist'scertificate	1349
holder's course of treatment.	1350

(C) The physician shall place conditions or restrictions on	1351
the acupuncturist'scertificate holder's course of treatment in	1352
compliance with accepted or prevailing standards of medical care,	1353
or, in the case of a chiropractor, the chiropractor shall place	1354
conditions or restrictions on the acupuncturist'scertificate	1355
holder's course of treatment in compliance with accepted or	1356
prevailing standards of chiropractic care.	1357

(D) The physician or chiropractor shall be personally	1358
available for consultation with the acupuncturistcertificate	1359
holder. If the physician or chiropractor is not on the premises at	1360
which oriental medicine or acupuncture is performed, the physician	1361
or chiropractor shall be readily available to the acupuncturist	1362
certificate holder through some means of telecommunication and be	1363
in a location that under normal circumstances is not more than	1364
sixty minutes travel time away from the location where the	1365
acupuncturistcertificate holder is practicing.	1366

Sec. 4762.12.  In the case of a patient with a claim under	1367
Chapter 4121. or 4123. of the Revised Code, an acupuncturist'sa	1368
supervising physician or chiropractor is eligible to be reimbursed	1369
for referring the patient to an oriental medicine practitioner or	1370
acupuncturist or for prescribing oriental medicine or acupuncture	1371
for the patient only if the physician has attained knowledge in	1372
the treatment of patients with oriental medicine or acupuncture,	1373
or the chiropractor has attained knowledge in the treatment of	1374
patients with acupuncture, as demonstrated by successful	1375
completion of a relevant course of study in acupuncture	1376
administered by a college of medicine, osteopathic medicine,	1377
podiatric medicine, or chiropractic acceptable to the bureau of	1378
workers' compensation or administered by another entity acceptable	1379
to the bureau.	1380

Sec. 4762.13.  (A) The state medical board, by an affirmative	1381
vote of not fewer than six members, may revoke or may refuse to	1382
grant a certificate to practice as an oriental medicine	1383
practitioner or as an acupuncturist to a person found by the board	1384
to have committed fraud, misrepresentation, or deception in	1385
applying for or securing the certificate.	1386

(B) The board, by an affirmative vote of not fewer than six	1387
members, shall, to the extent permitted by law, limit, revoke, or	1388
suspend an individual's certificate to practice as an	1389
acupuncturist, refuse to issue a certificate to an applicant,	1390
refuse to reinstate a certificate, or reprimand or place on	1391
probation the holder of a certificate for any of the following	1392
reasons:	1393

(1) Permitting the holder's name or certificate to be used by	1394
another person;	1395

(2) Failure to comply with the requirements of this chapter,	1396
Chapter 4731. of the Revised Code, or any rules adopted by the	1397
board;	1398

(3) Violating or attempting to violate, directly or	1399
indirectly, or assisting in or abetting the violation of, or	1400
conspiring to violate, any provision of this chapter, Chapter	1401
4731. of the Revised Code, or the rules adopted by the board;	1402

(4)(a) A departure from, or failure to conform to, minimal	1403
standards of care of similar practitioners under the same or	1404
similar circumstances whether or not actual injury to the patient	1405
is established;	1406

(b) Failure to use herbal therapy in accordance with	1407
traditional or modern oriental medical theory and certification	1408
standards established by the national certification commission for	1409
acupuncture and oriental medicine;	1410

(5) Inability to practice according to acceptable and	1411
prevailing standards of care by reason of mental illness or	1412
physical illness, including physical deterioration that adversely	1413
affects cognitive, motor, or perceptive skills;	1414

(6) Impairment of ability to practice according to acceptable	1415
and prevailing standards of care because of habitual or excessive	1416
use or abuse of drugs, alcohol, or other substances that impair	1417
ability to practice;	1418

(7) Willfully betraying a professional confidence;

1419

(8) Making a false, fraudulent, deceptive, or misleading	1420
statement in soliciting or advertising for patients or in securing	1421
or attempting to secure a certificate to practice as an	1422
acupuncturist.	1423

As used in this division, "false, fraudulent, deceptive, or	1424
misleading statement" means a statement that includes a	1425
misrepresentation of fact, is likely to mislead or deceive because	1426
of a failure to disclose material facts, is intended or is likely	1427
to create false or unjustified expectations of favorable results,	1428
or includes representations or implications that in reasonable	1429
probability will cause an ordinarily prudent person to	1430
misunderstand or be deceived.	1431

(9) Representing, with the purpose of obtaining compensation	1432
or other advantage personally or for any other person, that an	1433
incurable disease or injury, or other incurable condition, can be	1434
permanently cured;	1435

(10) The obtaining of, or attempting to obtain, money or a	1436
thing of value by fraudulent misrepresentations in the course of	1437
practice;	1438

(11) A plea of guilty to, a judicial finding of guilt of, or	1439
a judicial finding of eligibility for intervention in lieu of	1440
conviction for, a felony;	1441

(12) Commission of an act that constitutes a felony in this	1442
state, regardless of the jurisdiction in which the act was	1443
committed;	1444

(13) A plea of guilty to, a judicial finding of guilt of, or	1445
a judicial finding of eligibility for intervention in lieu of	1446
conviction for, a misdemeanor committed in the course of practice;	1447

(14) A plea of guilty to, a judicial finding of guilt of, or	1448
a judicial finding of eligibility for intervention in lieu of	1449
conviction for, a misdemeanor involving moral turpitude;	1450

(15) Commission of an act in the course of practice that	1451
constitutes a misdemeanor in this state, regardless of the	1452
jurisdiction in which the act was committed;	1453

(16) Commission of an act involving moral turpitude that	1454
constitutes a misdemeanor in this state, regardless of the	1455
jurisdiction in which the act was committed;	1456

(17) A plea of guilty to, a judicial finding of guilt of, or	1457
a judicial finding of eligibility for intervention in lieu of	1458
conviction for violating any state or federal law regulating the	1459
possession, distribution, or use of any drug, including	1460
trafficking in drugs;	1461

(18) Any of the following actions taken by the state agency	1462
responsible for regulating the practice of oriental medicine or	1463
acupuncture in another jurisdiction, for any reason other than the	1464
nonpayment of fees: the limitation, revocation, or suspension of	1465
an individual's license to practice; acceptance of an individual's	1466
license surrender; denial of a license; refusal to renew or	1467
reinstate a license; imposition of probation; or issuance of an	1468
order of censure or other reprimand;	1469

(19) Violation of the conditions placed by the board on a	1470
certificate to practice as an acupuncturist;	1471

(20) Failure to use universal blood and body fluid	1472
precautions established by rules adopted under section 4731.051 of	1473
the Revised Code;	1474

(21) Failure to cooperate in an investigation conducted by	1475
the board under section 4762.14 of the Revised Code, including	1476
failure to comply with a subpoena or order issued by the board or	1477
failure to answer truthfully a question presented by the board at	1478
a deposition or in written interrogatories, except that failure to	1479
cooperate with an investigation shall not constitute grounds for	1480
discipline under this section if a court of competent jurisdiction	1481
has issued an order that either quashes a subpoena or permits the	1482
individual to withhold the testimony or evidence in issue;	1483

(22) FailureExcept when action is taken under division (C)	1484
of this section, failure to comply with the standards of the	1485
national certification commission for acupuncture and oriental	1486
medicine regarding professional ethics, commitment to patients,	1487
commitment to the profession, and commitment to the public;	1488

(23) Failure to have adequate professional liability	1489
insurance coverage in accordance with section 4762.22 of the	1490
Revised Code.	1491

(C) The board, by an affirmative vote of not fewer than six	1492
members, shall, to the extent permitted by law, permanently revoke	1493
a certificate to practice issued under this chapter if the	1494
certificate holder's designation as a diplomate in oriental	1495
medicine, diplomate of acupuncture and Chinese herbology, or	1496
diplomate in acupuncture, has been revoked by the national	1497
certification commission for acupuncture and oriental medicine for	1498
a violation of professional ethics.	1499

The board, by an affirmative vote of not fewer than six	1500
members, may revoke a certificate to practice oriental medicine if	1501
the board determines a professional ethics violation exists but	1502
the violation is not covered by the national certification	1503
commission for acupuncture and oriental medicine standards for	1504
professional ethics. If the board takes this action, the board may	1505
determine whether the individual who is subject to the revocation	1506
is eligible to apply for a certificate to practice acupuncture.	1507

(D) Disciplinary actions taken by the board under divisions	1508
(A) and, (B), and (C) of this section shall be taken pursuant to	1509
an adjudication under Chapter 119. of the Revised Code, except	1510
that in lieu of an adjudication, the board may enter into a	1511
consent agreement with an acupuncturista certificate holder or	1512
applicant to resolve an allegation of a violation of this chapter	1513
or any rule adopted under it. A consent agreement, when ratified	1514
by an affirmative vote of not fewer than six members of the board,	1515
shall constitute the findings and order of the board with respect	1516
to the matter addressed in the agreement. If the board refuses to	1517
ratify a consent agreement, the admissions and findings contained	1518
in the consent agreement shall be of no force or effect.	1519

(D)(E) For purposes of divisions (B)(12), (15), and (16) of	1520
this section, the commission of the act may be established by a	1521
finding by the board, pursuant to an adjudication under Chapter	1522
119. of the Revised Code, that the applicant or certificate holder	1523
committed the act in question. The board shall have no	1524
jurisdiction under these divisions in cases where the trial court	1525
renders a final judgment in the certificate holder's favor and	1526
that judgment is based upon an adjudication on the merits. The	1527
board shall have jurisdiction under these divisions in cases where	1528
the trial court issues an order of dismissal upon technical or	1529
procedural grounds.	1530

(E)(F) The sealing of conviction records by any court shall	1531
have no effect upon a prior board order entered under the	1532
provisions of this section or upon the board's jurisdiction to	1533
take action under the provisions of this section if, based upon a	1534
plea of guilty, a judicial finding of guilt, or a judicial finding	1535
of eligibility for intervention in lieu of conviction, the board	1536
issued a notice of opportunity for a hearing prior to the court's	1537
order to seal the records. The board shall not be required to	1538
seal, destroy, redact, or otherwise modify its records to reflect	1539
the court's sealing of conviction records.	1540

(F)(G) For purposes of this division, any individual who	1541
holds a certificate to practice issued under this chapter, or	1542
applies for a certificate to practice, shall be deemed to have	1543
given consent to submit to a mental or physical examination when	1544
directed to do so in writing by the board and to have waived all	1545
objections to the admissibility of testimony or examination	1546
reports that constitute a privileged communication.	1547

(1) In enforcing division (B)(5) of this section, the board,	1548
upon a showing of a possible violation, may compel any individual	1549
who holds a certificate to practice issued under this chapter or	1550
who has applied for a certificate pursuant to this chapter to	1551
submit to a mental examination, physical examination, including an	1552
HIV test, or both a mental and physical examination. The expense	1553
of the examination is the responsibility of the individual	1554
compelled to be examined. Failure to submit to a mental or	1555
physical examination or consent to an HIV test ordered by the	1556
board constitutes an admission of the allegations against the	1557
individual unless the failure is due to circumstances beyond the	1558
individual's control, and a default and final order may be entered	1559
without the taking of testimony or presentation of evidence. If	1560
the board finds an acupuncturista certificate holder unable to	1561
practice because of the reasons set forth in division (B)(5) of	1562
this section, the board shall require the acupuncturist	1563
certificate holder to submit to care, counseling, or treatment by	1564
physicians approved or designated by the board, as a condition for	1565
an initial, continued, reinstated, or renewed certificate to	1566
practice. An individual affected by this division shall be	1567
afforded an opportunity to demonstrate to the board the ability to	1568
resume practicing in compliance with acceptable and prevailing	1569
standards of care.	1570

(2) For purposes of division (B)(6) of this section, if the	1571
board has reason to believe that any individual who holds a	1572
certificate to practice issued under this chapter or any applicant	1573
for a certificate suffers such impairment, the board may compel	1574
the individual to submit to a mental or physical examination, or	1575
both. The expense of the examination is the responsibility of the	1576
individual compelled to be examined. Any mental or physical	1577
examination required under this division shall be undertaken by a	1578
treatment provider or physician qualified to conduct such	1579
examination and chosen by the board.	1580

Failure to submit to a mental or physical examination ordered	1581
by the board constitutes an admission of the allegations against	1582
the individual unless the failure is due to circumstances beyond	1583
the individual's control, and a default and final order may be	1584
entered without the taking of testimony or presentation of	1585
evidence. If the board determines that the individual's ability to	1586
practice is impaired, the board shall suspend the individual's	1587
certificate or deny the individual's application and shall require	1588
the individual, as a condition for an initial, continued,	1589
reinstated, or renewed certificate, to submit to treatment.	1590

Before being eligible to apply for reinstatement of a	1591
certificate suspended under this division, the acupuncturist	1592
certificate holder shall demonstrate to the board the ability to	1593
resume practice in compliance with acceptable and prevailing	1594
standards of care. The demonstration shall include the following:	1595

(a) Certification from a treatment provider approved under	1596
section 4731.25 of the Revised Code that the individual has	1597
successfully completed any required inpatient treatment;	1598

(b) Evidence of continuing full compliance with an aftercare	1599
contract or consent agreement;	1600

(c) Two written reports indicating that the individual's	1601
ability to practice has been assessed and that the individual has	1602
been found capable of practicing according to acceptable and	1603
prevailing standards of care. The reports shall be made by	1604
individuals or providers approved by the board for making such	1605
assessments and shall describe the basis for their determination.	1606

The board may reinstate a certificate suspended under this	1607
division after such demonstration and after the individual has	1608
entered into a written consent agreement.	1609

When the impaired acupuncturistcertificate holder resumes	1610
practice, the board shall require continued monitoring of the	1611
acupuncturistcertificate holder. The monitoring shall include	1612
monitoring of compliance with the written consent agreement	1613
entered into before reinstatement or with conditions imposed by	1614
board order after a hearing, and, upon termination of the consent	1615
agreement, submission to the board for at least two years of	1616
annual written progress reports made under penalty of	1617
falsification stating whether the acupuncturistcertificate holder	1618
has maintained sobriety.	1619

(G)(H) If the secretary and supervising member determine that	1620
there is clear and convincing evidence that an acupuncturista	1621
certificate holder has violated divisiondivisions (B) or (C) of	1622
this section and that the individual's continued practice presents	1623
a danger of immediate and serious harm to the public, they may	1624
recommend that the board suspend the individual's certificate to	1625
practice without a prior hearing. Written allegations shall be	1626
prepared for consideration by the board.	1627

The board, upon review of the allegations and by an	1628
affirmative vote of not fewer than six of its members, excluding	1629
the secretary and supervising member, may suspend a certificate	1630
without a prior hearing. A telephone conference call may be	1631
utilized for reviewing the allegations and taking the vote on the	1632
summary suspension.	1633

The board shall issue a written order of suspension by	1634
certified mail or in person in accordance with section 119.07 of	1635
the Revised Code. The order shall not be subject to suspension by	1636
the court during pendency of any appeal filed under section 119.12	1637
of the Revised Code. If the acupuncturistcertificate holder	1638
requests an adjudicatory hearing by the board, the date set for	1639
the hearing shall be within fifteen days, but not earlier than	1640
seven days, after the acupuncturistcertificate holder requests	1641
the hearing, unless otherwise agreed to by both the board and the	1642
certificate holder.	1643

A summary suspension imposed under this division shall remain	1644
in effect, unless reversed on appeal, until a final adjudicative	1645
order issued by the board pursuant to this section and Chapter	1646
119. of the Revised Code becomes effective. The board shall issue	1647
its final adjudicative order within sixty days after completion of	1648
its hearing. Failure to issue the order within sixty days shall	1649
result in dissolution of the summary suspension order, but shall	1650
not invalidate any subsequent, final adjudicative order.	1651

(H)(I) If the board takes action under division (B)(11),	1652
(13), or (14) of this section, and the judicial finding of guilt,	1653
guilty plea, or judicial finding of eligibility for intervention	1654
in lieu of conviction is overturned on appeal, upon exhaustion of	1655
the criminal appeal, a petition for reconsideration of the order	1656
may be filed with the board along with appropriate court	1657
documents. Upon receipt of a petition and supporting court	1658
documents, the board shall reinstate the certificate to practice.	1659
The board may then hold an adjudication under Chapter 119. of the	1660
Revised Code to determine whether the individual committed the act	1661
in question. Notice of opportunity for hearing shall be given in	1662
accordance with Chapter 119. of the Revised Code. If the board	1663
finds, pursuant to an adjudication held under this division, that	1664
the individual committed the act, or if no hearing is requested,	1665
it may order any of the sanctions specified in division (B) of	1666
this section.	1667

(I)(J) The certificate to practice of an oriental medicine	1668
practitioner or acupuncturist and the practitioner's or	1669
acupuncturist's practice in this state are automatically suspended	1670
as of the date the practitioner or acupuncturist pleads guilty to,	1671
is found by a judge or jury to be guilty of, or is subject to a	1672
judicial finding of eligibility for intervention in lieu of	1673
conviction in this state or treatment or intervention in lieu of	1674
conviction in another jurisdiction for any of the following	1675
criminal offenses in this state or a substantially equivalent	1676
criminal offense in another jurisdiction: aggravated murder,	1677
murder, voluntary manslaughter, felonious assault, kidnapping,	1678
rape, sexual battery, gross sexual imposition, aggravated arson,	1679
aggravated robbery, or aggravated burglary. Continued practice	1680
after the suspension shall be considered practicing without a	1681
certificate.	1682

The board shall notify the individual subject to the	1683
suspension by certified mail or in person in accordance with	1684
section 119.07 of the Revised Code. If an individual whose	1685
certificate is suspended under this division fails to make a	1686
timely request for an adjudication under Chapter 119. of the	1687
Revised Code, the board shall enter a final order permanently	1688
revoking the individual's certificate to practice.	1689

(J)(K) In any instance in which the board is required by	1690
Chapter 119. of the Revised Code to give notice of opportunity for	1691
hearing and the individual subject to the notice does not timely	1692
request a hearing in accordance with section 119.07 of the Revised	1693
Code, the board is not required to hold a hearing, but may adopt,	1694
by an affirmative vote of not fewer than six of its members, a	1695
final order that contains the board's findings. In the final	1696
order, the board may order any of the sanctions identified under	1697
division (A) or, (B), or (C) of this section.	1698

(K)(L) Any action taken by the board under division (B) of	1699
this section resulting in a suspension shall be accompanied by a	1700
written statement of the conditions under which the	1701
acupuncturist's certificate to practice may be reinstated. The	1702
board shall adopt rules in accordance with Chapter 119. of the	1703
Revised Code governing conditions to be imposed for reinstatement.	1704
Reinstatement of a certificate suspended pursuant to division (B)	1705
of this section requires an affirmative vote of not fewer than six	1706
members of the board.	1707

(L)(M) When the board refuses to grant a certificate to	1708
practice as an acupuncturist to an applicant, revokes an	1709
individual's certificate, refuses to renew a certificate, or	1710
refuses to reinstate an individual's certificate, the board may	1711
specify that its action is permanent. An individual subject to a	1712
permanent action taken by the board is forever thereafter	1713
ineligible to hold a certificate to practice as an acupuncturist	1714
issued under this chapter and the board shall not accept an	1715
application for reinstatement of the certificate or for issuance	1716
of a new certificate.	1717

(M)(N) Notwithstanding any other provision of the Revised	1718
Code, all of the following apply:	1719

(1) The surrender of a certificate to practice as an	1720
acupuncturist issued under this chapter is not effective unless or	1721
until accepted by the board. Reinstatement of a certificate	1722
surrendered to the board requires an affirmative vote of not fewer	1723
than six members of the board.	1724

(2) An application made under this chapter for a certificate	1725
may not be withdrawn without approval of the board.	1726

(3) Failure by an individual to renew a certificate in	1727
accordance with section 4762.06 of the Revised Code shall not	1728
remove or limit the board's jurisdiction to take disciplinary	1729
action under this section against the individual.	1730

Sec. 4762.131.  On receipt of a notice pursuant to section	1731
2301.3733123.43 of the Revised Code, the state medical board	1732
shall comply with that sectionsections 3123.41 to 3123.50 of the	1733
Revised Code and any applicable rules adopted under section	1734
3123.63 of the Revised Code with respect to a certificate to	1735
practice as an acupuncturist issued pursuant to this chapter.	1736

Sec. 4762.132.  If the state medical board has reason to	1737
believe that any person who has been granted under this chapter a	1738
certificate to practice as an acupuncturist is mentally ill or	1739
mentally incompetent, it may file in the probate court of the	1740
county in which the person has a legal residence an affidavit in	1741
the form prescribed in section 5122.11 of the Revised Code and	1742
signed by the board secretary or a member of the board secretary's	1743
staff, whereupon the same proceedings shall be had as provided in	1744
Chapter 5122. of the Revised Code. The attorney general may	1745
represent the board in any proceeding commenced under this	1746
section.	1747

If any person who has been granted a certificate is adjudged	1748
by a probate court to be mentally ill or mentally incompetent, the	1749
person's certificate shall be automatically suspended until the	1750
person has filed with the state medical board a certified copy of	1751
an adjudication by a probate court of the person's subsequent	1752
restoration to competency or has submitted to the board proof,	1753
satisfactory to the board, that the person has been discharged as	1754
having a restoration to competency in the manner and form provided	1755
in section 5122.38 of the Revised Code. The judge of the probate	1756
court shall forthwith notify the state medical board of an	1757
adjudication of mental illness or mental incompetence, and shall	1758
note any suspension of a certificate in the margin of the court's	1759
record of such certificate.	1760

Sec. 4762.14.  (A) The state medical board shall investigate	1761
evidence that appears to show that any person has violated this	1762
chapter or the rules adopted under it. Any person may report to	1763
the board in a signed writing any information the person has that	1764
appears to show a violation of any provision of this chapter or	1765
the rules adopted under it. In the absence of bad faith, a person	1766
who reports such information or testifies before the board in an	1767
adjudication conducted under Chapter 119. of the Revised Code	1768
shall not be liable for civil damages as a result of reporting the	1769
information or providing testimony. Each complaint or allegation	1770
of a violation received by the board shall be assigned a case	1771
number and be recorded by the board.	1772

(B) Investigations of alleged violations of this chapter or	1773
rules adopted under it shall be supervised by the supervising	1774
member elected by the board in accordance with section 4731.02 of	1775
the Revised Code and by the secretary as provided in section	1776
4762.15 of the Revised Code. The board's president may designate	1777
another member of the board to supervise the investigation in	1778
place of the supervising member. A member of the board who	1779
supervises the investigation of a case shall not participate in	1780
further adjudication of the case.	1781

(C) In investigating a possible violation of this chapter or	1782
the rules adopted under it, the board may administer oaths, order	1783
the taking of depositions, issue subpoenas, and compel the	1784
attendance of witnesses and production of books, accounts, papers,	1785
records, documents, and testimony, except that a subpoena for	1786
patient record information shall not be issued without	1787
consultation with the attorney general's office and approval of	1788
the secretary and supervising member of the board. Before issuance	1789
of a subpoena for patient record information, the secretary and	1790
supervising member shall determine whether there is probable cause	1791
to believe that the complaint filed alleges a violation of this	1792
chapter or the rules adopted under it and that the records sought	1793
are relevant to the alleged violation and material to the	1794
investigation. The subpoena may apply only to records that cover a	1795
reasonable period of time surrounding the alleged violation.	1796

On failure to comply with any subpoena issued by the board	1797
and after reasonable notice to the person being subpoenaed, the	1798
board may move for an order compelling the production of persons	1799
or records pursuant to the Rules of Civil Procedure.	1800

A subpoena issued by the board may be served by a sheriff,	1801
the sheriff's deputy, or a board employee designated by the board.	1802
Service of a subpoena issued by the board may be made by	1803
delivering a copy of the subpoena to the person named therein,	1804
reading it to the person, or leaving it at the person's usual	1805
place of residence. When the person being served is an oriental	1806
medicine practitioner or acupuncturist, service of the subpoena	1807
may be made by certified mail, restricted delivery, return receipt	1808
requested, and the subpoena shall be deemed served on the date	1809
delivery is made or the date the person refuses to accept	1810
delivery.	1811

A sheriff's deputy who serves a subpoena shall receive the	1812
same fees as a sheriff. Each witness who appears before the board	1813
in obedience to a subpoena shall receive the fees and mileage	1814
provided for under section 119.094 of the Revised Code.	1815

(D) All hearings and investigations of the board shall be	1816
considered civil actions for the purposes of section 2305.252 of	1817
the Revised Code.	1818

(E) Information received by the board pursuant to an	1819
investigation is confidential and not subject to discovery in any	1820
civil action.	1821

The board shall conduct all investigations and proceedings in	1822
a manner that protects the confidentiality of patients and persons	1823
who file complaints with the board. The board shall not make	1824
public the names or any other identifying information about	1825
patients or complainants unless proper consent is given.	1826

The board may share any information it receives pursuant to	1827
an investigation, including patient records and patient record	1828
information, with law enforcement agencies, other licensing	1829
boards, and other governmental agencies that are prosecuting,	1830
adjudicating, or investigating alleged violations of statutes or	1831
administrative rules. An agency or board that receives the	1832
information shall comply with the same requirements regarding	1833
confidentiality as those with which the state medical board must	1834
comply, notwithstanding any conflicting provision of the Revised	1835
Code or procedure of the agency or board that applies when it is	1836
dealing with other information in its possession. In a judicial	1837
proceeding, the information may be admitted into evidence only in	1838
accordance with the Rules of Evidence, but the court shall require	1839
that appropriate measures are taken to ensure that confidentiality	1840
is maintained with respect to any part of the information that	1841
contains names or other identifying information about patients or	1842
complainants whose confidentiality was protected by the state	1843
medical board when the information was in the board's possession.	1844
Measures to ensure confidentiality that may be taken by the court	1845
include sealing its records or deleting specific information from	1846
its records.	1847

(F) The state medical board shall develop requirements for	1848
and provide appropriate initial training and continuing education	1849
for investigators employed by the board to carry out its duties	1850
under this chapter. The training and continuing education may	1851
include enrollment in courses operated or approved by the Ohio	1852
peace officer training council that the board considers	1853
appropriate under conditions set forth in section 109.79 of the	1854
Revised Code.	1855

(G) On a quarterly basis, the board shall prepare a report	1856
that documents the disposition of all cases during the preceding	1857
three months. The report shall contain the following information	1858
for each case with which the board has completed its activities:	1859

(1) The case number assigned to the complaint or alleged	1860
violation;	1861

(2) The type of certificate to practice, if any, held by the	1862
individual against whom the complaint is directed;	1863

(3) A description of the allegations contained in the	1864
complaint;	1865

(4) The disposition of the case.

1866

The report shall state how many cases are still pending, and	1867
shall be prepared in a manner that protects the identity of each	1868
person involved in each case. The report is a public record for	1869
purposes of section 149.43 of the Revised Code.	1870

Sec. 4762.15.  (A) As used in this section, "prosecutor" has	1871
the same meaning as in section 2935.01 of the Revised Code.	1872

(B) Whenever any person holding a valid certificate to	1873
practice as an acupuncturist issued pursuant to this chapter	1874
pleads guilty to, is subject to a judicial finding of guilt of, or	1875
is subject to a judicial finding of eligibility for intervention	1876
in lieu of conviction for a violation of Chapter 2907., 2925., or	1877
3719. of the Revised Code or of any substantively comparable	1878
ordinance of a municipal corporation in connection with the	1879
person's practice, the prosecutor in the case, on forms prescribed	1880
and provided by the state medical board, shall promptly notify the	1881
board of the conviction. Within thirty days of receipt of that	1882
information, the board shall initiate action in accordance with	1883
Chapter 119. of the Revised Code to determine whether to suspend	1884
or revoke the certificate under section 4762.13 of the Revised	1885
Code.	1886

(C) The prosecutor in any case against any person holding a	1887
valid certificate to practice issued pursuant to this chapter, on	1888
forms prescribed and provided by the state medical board, shall	1889
notify the board of any of the following:	1890

(1) A plea of guilty to, a finding of guilt by a jury or	1891
court of, or judicial finding of eligibility for intervention in	1892
lieu of conviction for a felony, or a case in which the trial	1893
court issues an order of dismissal upon technical or procedural	1894
grounds of a felony charge;	1895

(2) A plea of guilty to, a finding of guilt by a jury or	1896
court of, or judicial finding of eligibility for intervention in	1897
lieu of conviction for a misdemeanor committed in the course of	1898
practice, or a case in which the trial court issues an order of	1899
dismissal upon technical or procedural grounds of a charge of a	1900
misdemeanor, if the alleged act was committed in the course of	1901
practice;	1902

(3) A plea of guilty to, a finding of guilt by a jury or	1903
court of, or judicial finding of eligibility for intervention in	1904
lieu of conviction for a misdemeanor involving moral turpitude, or	1905
a case in which the trial court issues an order of dismissal upon	1906
technical or procedural grounds of a charge of a misdemeanor	1907
involving moral turpitude.	1908

The report shall include the name and address of the	1909
certificate holder, the nature of the offense for which the action	1910
was taken, and the certified court documents recording the action.	1911

Sec. 4762.16.  (A) Within sixty days after the imposition of	1912
any formal disciplinary action taken by any health care facility,	1913
including a hospital, health care facility operated by a health	1914
insuring corporation, ambulatory surgical center, or similar	1915
facility, against any individual holding a valid certificate to	1916
practice as an acupuncturistissued pursuant to this chapter, the	1917
chief administrator or executive officer of the facility shall	1918
report to the state medical board the name of the individual, the	1919
action taken by the facility, and a summary of the underlying	1920
facts leading to the action taken. Upon request, the board shall	1921
be provided certified copies of the patient records that were the	1922
basis for the facility's action. Prior to release to the board,	1923
the summary shall be approved by the peer review committee that	1924
reviewed the case or by the governing board of the facility.	1925

The filing of a report with the board or decision not to file	1926
a report, investigation by the board, or any disciplinary action	1927
taken by the board, does not preclude a health care facility from	1928
taking disciplinary action against an acupuncturista certificate	1929
holder.	1930

In the absence of fraud or bad faith, no individual or entity	1931
that provides patient records to the board shall be liable in	1932
damages to any person as a result of providing the records.	1933

(B) An oriental medicine practitioner or acupuncturist,	1934
professional association or society of oriental medicine	1935
practitioners or acupuncturists, physician, or professional	1936
association or society of physicians that believes a violation of	1937
any provision of this chapter, Chapter 4731. of the Revised Code,	1938
or rule of the board has occurred shall report to the board the	1939
information upon which the belief is based. This division does not	1940
require any treatment provider approved by the board under section	1941
4731.25 of the Revised Code or any employee, agent, or	1942
representative of such a provider to make reports with respect to	1943
an acupuncturista certificate holder participating in treatment	1944
or aftercare for substance abuse as long as the acupuncturist	1945
certificate holder maintains participation in accordance with the	1946
requirements of section 4731.25 of the Revised Code and the	1947
treatment provider or employee, agent, or representative of the	1948
provider has no reason to believe that the acupuncturist	1949
certificate holder has violated any provision of this chapter or	1950
rule adopted under it, other than being impaired by alcohol,	1951
drugs, or other substances. This division does not require	1952
reporting by any member of an impaired practitioner committee	1953
established by a health care facility or by any representative or	1954
agent of a committee or program sponsored by a professional	1955
association or society of oriental medicine practitioners or	1956
acupuncturists to provide peer assistance to oriental medicine	1957
practitioners or acupuncturists with substance abuse problems with	1958
respect to an acupuncturista certificate holder who has been	1959
referred for examination to a treatment program approved by the	1960
board under section 4731.25 of the Revised Code if the	1961
acupuncturistcertificate holder cooperates with the referral for	1962
examination and with any determination that the acupuncturist	1963
certificate holder should enter treatment and as long as the	1964
committee member, representative, or agent has no reason to	1965
believe that the acupuncturistcertificate holder has ceased to	1966
participate in the treatment program in accordance with section	1967
4731.25 of the Revised Code or has violated any provision of this	1968
chapter or rule adopted under it, other than being impaired by	1969
alcohol, drugs, or other substances.	1970

(C) Any professional association or society composed	1971
primarily of oriental medicine practitioners or acupuncturists	1972
that suspends or revokes an individual's membership for violations	1973
of professional ethics, or for reasons of professional	1974
incompetence or professional malpractice, within sixty days after	1975
a final decision, shall report to the board, on forms prescribed	1976
and provided by the board, the name of the individual, the action	1977
taken by the professional organization, and a summary of the	1978
underlying facts leading to the action taken.	1979

The filing of a report with the board or decision not to file	1980
a report, investigation by the board, or any disciplinary action	1981
taken by the board, does not preclude a professional organization	1982
from taking disciplinary action against an acupuncturist	1983
individual.	1984

(D) Any insurer providing professional liability insurance to	1985
any person holding a valid certificate to practice as an	1986
acupuncturistissued pursuant to this chapter or any other entity	1987
that seeks to indemnify the professional liability of an	1988
acupuncturista certificate holder shall notify the board within	1989
thirty days after the final disposition of any written claim for	1990
damages where such disposition results in a payment exceeding	1991
twenty-five thousand dollars. The notice shall contain the	1992
following information:	1993

(1) The name and address of the person submitting the	1994
notification;	1995

(2) The name and address of the insured who is the subject of	1996
the claim;	1997

(3) The name of the person filing the written claim;

1998

(4) The date of final disposition;

1999

(5) If applicable, the identity of the court in which the	2000
final disposition of the claim took place.	2001

(E) The board may investigate possible violations of this	2002
chapter or the rules adopted under it that are brought to its	2003
attention as a result of the reporting requirements of this	2004
section, except that the board shall conduct an investigation if a	2005
possible violation involves repeated malpractice. As used in this	2006
division, "repeated malpractice" means three or more claims for	2007
malpractice within the previous five-year period, each resulting	2008
in a judgment or settlement in excess of twenty-five thousand	2009
dollars in favor of the claimant, and each involving negligent	2010
conduct by the acupuncturista certificate holder.	2011

(F) All summaries, reports, and records received and	2012
maintained by the board pursuant to this section shall be held in	2013
confidence and shall not be subject to discovery or introduction	2014
in evidence in any federal or state civil action involving an	2015
acupuncturista certificate holder, supervising physician, or	2016
health care facility arising out of matters that are the subject	2017
of the reporting required by this section. The board may use the	2018
information obtained only as the basis for an investigation, as	2019
evidence in a disciplinary hearing against an acupuncturista	2020
certificate holder or supervising physician, or in any subsequent	2021
trial or appeal of a board action or order.	2022

The board may disclose the summaries and reports it receives	2023
under this section only to health care facility committees within	2024
or outside this state that are involved in credentialing or	2025
recredentialing an oriental medicine practitioner or acupuncturist	2026
or supervising physician or reviewing their privilege to practice	2027
within a particular facility. The board shall indicate whether or	2028
not the information has been verified. Information transmitted by	2029
the board shall be subject to the same confidentiality provisions	2030
as when maintained by the board.	2031

(G) Except for reports filed by an individual pursuant to	2032
division (B) of this section, the board shall send a copy of any	2033
reports or summaries it receives pursuant to this section to the	2034
acupuncturistcertificate holder. The acupuncturistcertificate	2035
holder shall have the right to file a statement with the board	2036
concerning the correctness or relevance of the information. The	2037
statement shall at all times accompany that part of the record in	2038
contention.	2039

(H) An individual or entity that reports to the board or	2040
refers an impaired acupuncturistcertificate holder to a treatment	2041
provider approved by the board under section 4731.25 of the	2042
Revised Code shall not be subject to suit for civil damages as a	2043
result of the report, referral, or provision of the information.	2044

(I) In the absence of fraud or bad faith, a professional	2045
association or society of oriental medicine practitioners or	2046
acupuncturists that sponsors a committee or program to provide	2047
peer assistance to an oriental medicine practitioner or	2048
acupuncturist with substance abuse problems, a representative or	2049
agent of such a committee or program, and a member of the state	2050
medical board shall not be held liable in damages to any person by	2051
reason of actions taken to refer an acupuncturista certificate	2052
holder to a treatment provider approved under section 4731.25 of	2053
the Revised Code for examination or treatment.	2054

Sec. 4762.17.  The secretary of the state medical board shall	2055
enforce the laws relating to the practice of oriental medicine and	2056
acupuncture. If the secretary has knowledge or notice of a	2057
violation of this chapter or the rules adopted under it, the	2058
secretary shall investigate the matter, and, upon probable cause	2059
appearing, file a complaint and prosecute the offender. When	2060
requested by the secretary, the prosecuting attorney of the proper	2061
county shall take charge of and conduct the prosecution.	2062

Sec. 4762.18.  (A) Subject to division (E) of this section,	2063
the attorney general, the prosecuting attorney of any county in	2064
which the offense was committed or the offender resides, the state	2065
medical board, or any other person having knowledge of a person	2066
engaged either directly or by complicity in the practice of	2067
oriental medicine or acupuncture without having first obtained a	2068
certificate to do so pursuant to this chapter, may, in accord with	2069
provisions of the Revised Code governing injunctions, maintain an	2070
action in the name of the state to enjoin any person from engaging	2071
either directly or by complicity in the unlawful practice of	2072
oriental medicine or acupuncture by applying for an injunction in	2073
any court of competent jurisdiction.	2074

(B) Prior to application for an injunction under division (A)	2075
of this section, the secretary of the state medical board shall	2076
notify the person allegedly engaged either directly or by	2077
complicity in the unlawful practice of oriental medicine or	2078
acupuncture by registered mail that the secretary has received	2079
information indicating that this person is so engaged. The person	2080
shall answer the secretary within thirty days showing that the	2081
person is either properly licensed for the stated activity or that	2082
the person is not in violation of this chapter. If the answer is	2083
not forthcoming within thirty days after notice by the secretary,	2084
the secretary shall request that the attorney general, the	2085
prosecuting attorney of the county in which the offense was	2086
committed or the offender resides, or the state medical board	2087
proceed as authorized in this section.	2088

(C) Upon the filing of a verified petition in court, the	2089
court shall conduct a hearing on the petition and shall give the	2090
same preference to this proceeding as is given all proceedings	2091
under Chapter 119. of the Revised Code, irrespective of the	2092
position of the proceeding on the calendar of the court.	2093

(D) Injunction proceedings as authorized by this section	2094
shall be in addition to, and not in lieu of, all penalties and	2095
other remedies provided in this chapter.	2096

(E) An injunction proceeding permitted by division (A) of	2097
this section may not be maintained against a person described in	2098
division (B) of section 4762.02 of the Revised Code or a	2099
chiropractor who holds a valid certificate to practice acupuncture	2100
issued under section 4734.283 of the Revised Code.	2101

Sec. 4762.19.  The state medical board may adopt any rules	2102
necessary to govern the practice of oriental medicine and	2103
acupuncture, the supervisory relationship between acupuncturists	2104
certificate holders and supervising physicians, and the	2105
administration and enforcement of this chapter. Rules adopted	2106
under this section shall be adopted in accordance with Chapter	2107
119. of the Revised Code.	2108

Sec. 4762.22. An acupuncturist who holdsThe holder of a	2109
certificate to practice issued under this chapter shall have	2110
professional liability insurance coverage in an amount that is not	2111
less than five hundred thousand dollars.	2112

Section 2. That existing sections 4731.22, 4731.36, 4734.31,	2113
4762.01, 4762.02, 4762.03, 4762.031, 4762.04, 4762.05, 4762.06,	2114
4762.08, 4762.09, 4762.10, 4762.11, 4762.12, 4762.13, 4762.131,	2115
4762.132, 4762.14, 4762.15, 4762.16, 4762.17, 4762.18, 4762.19,	2116
and 4762.22 of the Revised Code are hereby repealed.	2117

Section 3.  Section 4731.22 of the Revised Code is presented	2118
in this act as a composite of the section as amended by Am. Sub.	2119
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General	2120
Assembly. The General Assembly, applying the principle stated in	2121
division (B) of section 1.52 of the Revised Code that amendments	2122
are to be harmonized if reasonably capable of simultaneous	2123
operation, finds that the composite is the resulting version of	2124
the section in effect prior to the effective date of the section	2125
as presented in this act.	2126