reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.17 | Supervised Practice.

Effective:
March 27, 2020
Latest Legislation:
House Bill 197 - 133rd General Assembly
All of the following apply to the practice of respiratory care by a person who holds a license or limited permit issued under this chapter:
(A) The person shall practice only pursuant to a prescription or other order for respiratory care issued by any of the following:
(1) A physician;
(2) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a current, valid license issued under Chapter 4723. of the Revised Code to practice nursing as an advanced practice registered nurse and has entered into a standard care arrangement with a physician;
(3) A certified registered nurse anesthetist who holds a current, valid license issued under Chapter 4723. of the Revised Code to practice nursing as an advanced practice registered nurse and acts in compliance with sections 4723.43, 4723.433, and 4723.434 of the Revised Code;
(4) A physician assistant who holds a valid prescriber number issued by the state medical board, has been granted physician-delegated prescriptive authority, and has entered into a supervision agreement that allows the physician assistant to prescribe or order respiratory care services.
(B) The person shall practice only under the supervision of any of the following:
(1) A physician;
(2) A certified nurse practitioner, certified nurse-midwife, or clinical nurse specialist;
(3) A physician assistant who is authorized to prescribe or order respiratory care services as provided in division (A)(4) of this section.
(C)(1) When practicing under the prescription or order of a certified nurse practitioner, certified nurse midwife, or clinical nurse specialist or under the supervision of such a nurse, the person's administration of medication that requires a prescription is limited to the drugs that the nurse is authorized to prescribe pursuant to section 4723.481 of the Revised Code.
(2) When practicing under the order of a certified registered nurse anesthetist, the person's administration of medication is limited to the drugs that the nurse is authorized to order or direct the person to administer, as provided in sections 4723.43, 4723.433, and 4723.434 of the Revised Code.
(3) When practicing under the prescription or order of a physician assistant or under the supervision of a physician assistant, the person's administration of medication that requires a prescription is limited to the drugs that the physician assistant is authorized to prescribe pursuant to the physician assistant's physician-delegated prescriptive authority.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.18 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
The state medical board shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.19 | Reporting Impairment; Liability.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
A respiratory care professional, professional association or society of respiratory care professionals, physician, or professional association or society of physicians that believes a violation of division (A)(14) or (18) of section 4761.09 of the Revised Code has occurred shall report the information upon which the belief is based to the monitoring organization conducting the confidential monitoring program established under section 4731.25 of the Revised Code. If any such report is made to the state medical board, it shall be referred to the monitoring organization unless the board is aware that the individual who is the subject of the report does not meet the program eligibility requirements of section 4731.252 of the Revised Code.
An individual or entity that reports to the board, reports to the monitoring organization described in section 4731.25 of the Revised Code, or refers an impaired respiratory care professional to a treatment provider approved under section 4731.251 of the Revised Code shall not be subject to suit for civil damages as a result of the report, referral, or provision of the information.
In the absence of fraud or bad faith, a professional association or society of respiratory care professionals that sponsors a committee or program to provide peer assistance to a respiratory care professional with substance abuse problems, a representative or agent of such a committee or program, a representative or agent of the monitoring organization described in section 4731.25 of the Revised Code, and a member of the state medical board shall not be held liable in damages to any person by reason of actions taken to refer a respiratory care professional to a treatment provider approved under section 4731.251 of the Revised Code for examination or treatment.
Last updated September 5, 2023 at 2:56 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.30 | Telehealth Services.

Effective:
March 23, 2022
Latest Legislation:
House Bill 122 - 134th General Assembly
A respiratory care professional may provide telehealth services in accordance with section 4743.09 of the Revised Code.
Last updated January 27, 2022 at 3:37 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.99 | Penalty.

Effective:
March 5, 1996
Latest Legislation:
Senate Bill 143 - 121st General Assembly
Whoever violates division (A) of section 4761.10 of the Revised Code is guilty of a minor misdemeanor on a first offense. On a second offense, the person is guilty of a misdemeanor of the fourth degree. On each subsequent offense, the person is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.01 | Acupuncturists Definitions.

Effective:
March 22, 2013
Latest Legislation:
House Bill 251 - 129th General Assembly
As used in this chapter:
(A) "Acupuncture" means a form of health care performed by the insertion and removal of specialized needles, with or without the use of supplemental techniques, to specific areas of the human body.
(B) "Chiropractor" means an individual licensed under Chapter 4734. of the Revised Code to engage in the practice of chiropractic.
(C) "General nonmedical nutritional information" means information on any of the following:
(1) Principles of good nutrition and food preparation;
(2) Foods to be included in the normal daily diet;
(3) Essential nutrients needed by the human body and recommended amounts of those nutrients;
(4) Foods and supplements that are good sources of essential nutrients;
(5) The actions of nutrients on the human body and the effects of nutrient deficiency and nutrient excess.
(D) "Herbal therapy" means the use of foods, herbs, vitamins, minerals, organ extracts, and homeopathy.
(E) "Homeopathy" means a noninvasive system of natural and alternative medicine that seeks to stimulate the human body's ability to heal itself through the use of small doses of highly diluted substances prepared from animal, vegetable, or mineral sources.
(F) "Moxibustion" means the use of an herbal heat source on one or more acupuncture points.
(G) "Oriental medicine" means a form of health care in which acupuncture is performed with or without the use of herbal therapy.
(H) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery.
(I) "Supplemental techniques" means the use of general nonmedical nutritional information, traditional and modern oriental therapeutics, heat therapy, moxibustion, acupressure and other forms of Chinese massage, and educational information regarding lifestyle modifications.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.011 | Oriental Medicine Practitioners Exempt.

Effective:
April 12, 2021
Latest Legislation:
House Bill 442 - 133rd General Assembly
On and after the effective date of this section, this chapter no longer applies to oriental medicine practitioners.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.02 | License to Practice.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Except as provided in division (B) or (C) of this section, no person shall engage in the practice of acupuncture unless the person holds a valid license to practice as an acupuncturist issued by the state medical board under this chapter.
(B) Division (A) of this section does not apply to the following:
(1) A physician;
(2) A person who performs acupuncture as part of a training program in acupuncture, but only if both of the following conditions are met:
(a) The training program is operated by an educational institution that holds an effective certificate of authorization issued by the chancellor of higher education under section 1713.02 of the Revised Code or a school that holds an effective certificate of registration issued by the state board of career colleges and schools under section 3332.05 of the Revised Code.
(b) The person performs the acupuncture under the general supervision of an acupuncturist who holds a license to practice as an acupuncturist issued under this chapter.
(3) A chiropractor who holds a certificate to practice acupuncture issued by the state chiropractic board under section 4734.283 of the Revised Code.
(C)(1) A person who holds a valid license to practice as an acupuncturist issued by the state medical board under this chapter is permitted to engage in the practice of herbal therapy if the person has obtained designation from the national certification commission for acupuncture and oriental medicine as either a diplomate of chinese herbology or a diplomate of oriental medicine, or if the person holds an equivalent certification or credential as determined by the state medical board.
(2) Nothing in this chapter shall be construed to prohibit a nonlicensed person from selling or utilizing herbal therapy, so long as that person does not represent the person as licensed to practice herbal therapy.
(3) Nothing in this chapter shall be construed to prevent or restrict any person who is licensed by this state from practicing herbal therapy in a manner that is included in the scope of practice established by the license held.
Last updated October 3, 2023 at 4:50 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.031 | License Applicant to Comply With Rc Chapter 4776.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
In addition to any other eligibility requirement set forth in this chapter, each applicant for a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist shall comply with sections 4776.01 to 4776.04 of the Revised Code.
Last updated October 9, 2021 at 4:55 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.04 | Issuing License to Practice.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
If the state medical board determines under section 4762.03 of the Revised Code that an applicant meets the requirements for a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist, the secretary of the board shall register the applicant as an oriental medicine practitioner or acupuncturist, as appropriate, and issue to the applicant the appropriate license to practice. The license shall be valid for a two-year period unless revoked or suspended, shall expire on the date that is two years after the date of issuance, and may be renewed for additional two-year periods in accordance with section 4762.06 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.05 | Replacement License.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
Upon application by the holder of a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist, the state medical board shall issue a duplicate license to replace one that is missing or damaged, to reflect a name change, or for any other reasonable cause. The fee for a duplicate license is thirty-five dollars.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.061 | Prerequisites to Resumption of Practice.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) This section applies to all of the following:
(1) An applicant seeking restoration of a license issued under this chapter that has been in a suspended or inactive state for any cause for more than two years;
(2) An applicant seeking issuance of a license pursuant to this chapter who for more than two years has not been engaged in the practice of oriental medicine or acupuncture as either of the following:
(a) An active practitioner;
(b) A participant in a training program as described in section 4762.02 of the Revised Code.
(3) An applicant seeking to reactivate a license to practice as an acupuncturist placed on retired status.
(B) Before issuing a license to an applicant subject to this section, or before restoring a license to good standing or reactivating a license placed on retired status for an applicant subject to this section, the state medical board may impose terms and conditions including any one or more of the following:
(1) Requiring the applicant to pass an oral or written examination, or both, to determine the applicant's present fitness to resume practice;
(2) Requiring the applicant to obtain additional training and to pass an examination upon completion of such training;
(3) Requiring an assessment of the applicant's physical skills for purposes of determining whether the applicant's coordination, fine motor skills, and dexterity are sufficient for performing evaluations and procedures in a manner that meets the minimal standards of care;
(4) Requiring an assessment of the applicant's skills in recognizing and understanding diseases and conditions;
(5) Requiring the applicant to undergo a comprehensive physical examination, which may include an assessment of physical abilities, evaluation of sensory capabilities, or screening for the presence of neurological disorders;
(6) Restricting or limiting the extent, scope, or type of practice of the applicant.
The board shall consider the moral background and the activities of the applicant during the period of suspension, inactivity, or retirement. The board shall not issue, restore, or reactivate a license under this section unless the applicant complies with sections 4776.01 to 4776.04 of the Revised Code.
Last updated August 18, 2023 at 10:22 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.08 | Authorized Titles, Initials and Abbreviations or Equivalent.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) A person who holds a license to practice as an oriental medicine practitioner issued under this chapter may use the following titles, initials, or abbreviations, or the equivalent of such titles, initials, or abbreviations, to identify the person as an oriental medicine practitioner: "Oriental Medicine Practitioner," "Licensed Oriental Medicine Practitioner," "L.O.M.," "Diplomate in Oriental Medicine (NCCAOM)," "Dipl. O.M. (NCCAOM)," "National Board Certified in Oriental Medicine (NCCAOM)," "Acupuncturist," "Licensed Acupuncturist," "L.Ac. and L.C.H.," "Diplomate of Acupuncture and Chinese Herbology (NCCAOM)," "Dipl. Ac. and Dipl. C.H. (NCCAOM)," or "National Board Certified in Acupuncture and Chinese Herbology (NCCAOM)." The person shall not use other titles, initials, or abbreviations in conjunction with the person's practice of oriental medicine, including the title "doctor."
(B) A person who holds a license to practice as an acupuncturist issued under this chapter may use the following titles, initials, or abbreviations, or the equivalent of such titles, initials, or abbreviations, to identify the person as an acupuncturist: "Acupuncturist," "Licensed Acupuncturist," "L.Ac.," "Diplomate in Acupuncture (NCCAOM)," "Dipl. Ac. (NCCAOM)," or "National Board Certified in Acupuncture (NCCAOM)." The person shall not use other titles, initials, or abbreviations in conjunction with the person's practice of acupuncture, including the title "doctor."
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.09 | Display of License and Notice of Regulation.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
An individual who holds a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist issued under this chapter shall conspicuously display at the individual's primary place of business both of the following:
(A) The individual's license, as evidence that the individual is authorized to practice in this state;
(B) A notice specifying that the practice of oriental medicine or acupuncture, as applicable, under the license is regulated by the state medical board and the address and telephone number of the board's office.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.131 | Effect of Child Support Default on License.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the state medical board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist issued pursuant to this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.132 | Mental Illness or Incompetence of License Holder.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
If the state medical board has reason to believe that any person who has been granted under this chapter a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist is mentally ill or mentally incompetent, it may file in the probate court of the county in which the person has a legal residence an affidavit in the form prescribed in section 5122.11 of the Revised Code and signed by the board secretary or a member of the board secretary's staff, whereupon the same proceedings shall be had as provided in Chapter 5122. of the Revised Code. The attorney general may represent the board in any proceeding commenced under this section.
If any person who has been granted a license is adjudged by a probate court to be mentally ill or mentally incompetent, the person's license shall be automatically suspended until the person has filed with the state medical board a certified copy of an adjudication by a probate court of the person's subsequent restoration to competency or has submitted to the board proof, satisfactory to the board, that the person has been discharged as having a restoration to competency in the manner and form provided in section 5122.38 of the Revised Code. The judge of the probate court shall forthwith notify the state medical board of an adjudication of mental illness or mental incompetence, and shall note any suspension of a license in the margin of the court's record of such license.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.133 | Violation by Oriental Medicine Practitioners or Acupuncturists; Civil Penalties.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A)(1) If an oriental medicine practitioner or acupuncturist violates any section of this chapter or any rule adopted under this chapter, the state medical board may, pursuant to an adjudication under Chapter 119. of the Revised Code and an affirmative vote of not fewer than six of its members, impose a civil penalty. The amount of the civil penalty shall be determined by the board in accordance with the guidelines adopted under division (A)(2) of this section. The civil penalty may be in addition to any other action the board may take under section 4762.13 of the Revised Code.
(2) The board shall adopt and may amend guidelines regarding the amounts of civil penalties to be imposed under this section. Adoption or amendment of the guidelines requires the approval of not fewer than six board members.
Under the guidelines, no civil penalty amount shall exceed twenty thousand dollars.
(B) Amounts received from payment of civil penalties imposed under this section shall be deposited by the board in accordance with section 4731.24 of the Revised Code. Amounts received from payment of civil penalties imposed for violations of division (B)(6) of section 4762.13 of the Revised Code shall be used by the board solely for investigations, enforcement, and compliance monitoring.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.15 | Prosecutor to Notify Board of Convictions.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(B) Whenever any person holding a valid license to practice as an oriental medicine practitioner or valid license to practice as an acupuncturist issued pursuant to this chapter pleads guilty to, is subject to a judicial finding of guilt of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction for a violation of Chapter 2907., 2925., or 3719. of the Revised Code or of any substantively comparable ordinance of a municipal corporation in connection with the person's practice, the prosecutor in the case, on forms prescribed and provided by the state medical board, shall promptly notify the board of the conviction. Within thirty days of receipt of that information, the board shall initiate action in accordance with Chapter 119. of the Revised Code to determine whether to suspend or revoke the license under section 4762.13 of the Revised Code.
(C) The prosecutor in any case against any person holding a valid license issued pursuant to this chapter, on forms prescribed and provided by the state medical board, shall notify the board of any of the following:
(1) A plea of guilty to, a finding of guilt by a jury or court of, or judicial finding of eligibility for intervention in lieu of conviction for a felony, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a felony charge;
(2) A plea of guilty to, a finding of guilt by a jury or court of, or judicial finding of eligibility for intervention in lieu of conviction for a misdemeanor committed in the course of practice, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor, if the alleged act was committed in the course of practice;
(3) A plea of guilty to, a finding of guilt by a jury or court of, or judicial finding of eligibility for intervention in lieu of conviction for a misdemeanor involving moral turpitude, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor involving moral turpitude.
The report shall include the name and address of the license holder, the nature of the offense for which the action was taken, and the certified court documents recording the action.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.17 | Enforcement by Secretary of State Medical Board.

Effective:
March 22, 2013
Latest Legislation:
House Bill 251 - 129th General Assembly
The secretary of the state medical board shall enforce the laws relating to the practice of oriental medicine and acupuncture. If the secretary has knowledge or notice of a violation of this chapter or the rules adopted under it, the secretary shall investigate the matter, and, upon probable cause appearing, file a complaint and prosecute the offender. When requested by the secretary, the prosecuting attorney of the proper county shall take charge of and conduct the prosecution.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.18 | Injunctions.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Subject to division (E) of this section, the attorney general, the prosecuting attorney of any county in which the offense was committed or the offender resides, the state medical board, or any other person having knowledge of a person engaged either directly or by complicity in the practice of oriental medicine or acupuncture without having first obtained a license to do so pursuant to this chapter, may, in accord with provisions of the Revised Code governing injunctions, maintain an action in the name of the state to enjoin any person from engaging either directly or by complicity in the unlawful practice of oriental medicine or acupuncture by applying for an injunction in any court of competent jurisdiction.
(B) Prior to application for an injunction under division (A) of this section, the secretary of the state medical board shall notify the person allegedly engaged either directly or by complicity in the unlawful practice of oriental medicine or acupuncture by registered mail that the secretary has received information indicating that this person is so engaged. The person shall answer the secretary within thirty days showing that the person is either properly licensed for the stated activity or that the person is not in violation of this chapter. If the answer is not forthcoming within thirty days after notice by the secretary, the secretary shall request that the attorney general, the prosecuting attorney of the county in which the offense was committed or the offender resides, or the state medical board proceed as authorized in this section.
(C) Upon the filing of a verified petition in court, the court shall conduct a hearing on the petition and shall give the same preference to this proceeding as is given all proceedings under Chapter 119. of the Revised Code, irrespective of the position of the proceeding on the calendar of the court.
(D) Injunction proceedings as authorized by this section shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter.
(E) An injunction proceeding permitted by division (A) of this section may not be maintained against a person described in division (B) of section 4762.02 of the Revised Code or a chiropractor who holds a valid certificate to practice acupuncture issued under section 4734.283 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.19 | Administrative Rules.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The state medical board may adopt any rules necessary to govern the practice of acupuncture, the use of herbal therapy by licensed acupuncturists, and the administration and enforcement of this chapter. Rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
Last updated October 3, 2023 at 4:25 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.20 | Fees in Excess of Statutory Amounts.

Effective:
August 10, 2000
Latest Legislation:
House Bill 341 - 123rd General Assembly
The state medical board, subject to the approval of the controlling board, may establish fees in excess of the amounts specified in this chapter, except that the fees may not exceed the specified amounts by more than fifty per cent.
All fees, penalties, and other funds received by the board under this chapter shall be deposited in accordance with section 4731.24 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.21 | Immunity of Board for Performing Official Duties.

Effective:
August 10, 2000
Latest Legislation:
House Bill 341 - 123rd General Assembly
In the absence of fraud or bad faith, the state medical board, a current or former board member, an agent of the board, a person formally requested by the board to be the board's representative, or an employee of the board shall not be held liable in damages to any person as the result of any act, omission, proceeding, conduct, or decision related to official duties undertaken or performed pursuant to this chapter. If any such person asks to be defended by the state against any claim or action arising out of any act, omission, proceeding, conduct, or decision related to the person's official duties, and if the request is made in writing at a reasonable time before trial and the person requesting defense cooperates in good faith in the defense of the claim or action, the state shall provide and pay for the person's defense and shall pay any resulting judgment, compromise, or settlement. At no time shall the state pay any part of a claim or judgment that is for punitive or exemplary damages.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.22 | Minimum Professional Liability Insurance Required.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
An individual who holds a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist issued under this chapter shall have professional liability insurance coverage in an amount that is not less than five hundred thousand dollars.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.23 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The state medical board shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4762 | Acupuncturists and Oriental Medicine Practitioners › Section 4762.99 | Penalty.

Effective:
August 10, 2000
Latest Legislation:
House Bill 341 - 123rd General Assembly
(A) Whoever violates section 4762.02 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense; on each subsequent offense, the person is guilty of a felony of the fourth degree.
(B) Whoever violates division (A), (B), (C), or (D) of section 4762.16 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense the person is guilty of a misdemeanor of the fourth degree, except that an individual guilty of a subsequent offense shall not be subject to imprisonment, but to a fine alone of up to one thousand dollars for each offense.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.08 | Certificate, Registration or License Term.

Effective:
December 14, 2018
Latest Legislation:
House Bill 213 - 132nd General Assembly
On and after December 22, 1992, each certificate, registration, and license issued under this chapter, other than a temporary certificate or license issued under division (E)(2) of section 4763.05 of the Revised Code, is valid for a period of one year from its date of issuance. The superintendent of real estate shall provide renewal notices to certificate holders, registrants, and licensees no later than thirty days prior to the expiration of the certificate, registration, or license. The superintendent shall issue to each person initially certified, registered, or licensed under this chapter a certificate, registration, or license in the form and size the superintendent prescribes. The initial certificate, registration, and license shall indicate the name of the certificate holder, registrant, or licensee, bear the signatures of the members of the real estate appraiser board, be issued under the seal prescribed in section 121.20 of the Revised Code, and contain a certificate, registration, or license number assigned by the superintendent. The superintendent shall issue to each person who renews a certificate, registration, or license a renewal certificate, registration, or license in the size and form the superintendent prescribes. The renewal certificate, registration, or license shall contain the name of the certificate holder, registrant, or licensee and the expiration and number of the certificate, registration, or license. Each certificate holder and licensee shall place the certificate holder's or licensee's certificate or license number adjacent to the title "state-licensed residential real estate appraiser," "state-certified residential real estate appraiser," or "state-certified general real estate appraiser," when issuing an appraisal report or in a contract or other instrument used in conducting real estate appraisal activities as required by section 4763.12 of the Revised Code. If a state-registered real estate appraiser assistant participated in the appraisal or specialized service report, the certificate holder or licensee shall also place the registrant's name, registration number, and the title "state-registered real estate appraiser assistant" on the report.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.09 | Fees.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) The real estate appraiser board shall adopt rules, in accordance with Chapter 119. of the Revised Code, for the establishment of the following fees:
(1) The examination fee required under division (A) of section 4763.05 of the Revised Code, up to a maximum of one hundred fifty dollars, which fee shall be nonrefundable;
(2) The initial state-certified general real estate appraiser and state-certified residential real estate appraiser certification and state-licensed residential real estate appraiser license fees, and the annual renewal thereof, up to a maximum of one hundred seventy-five dollars each;
(3) The initial real estate appraiser assistant registration fee, and the annual renewal thereof, up to a maximum of one hundred dollars;
(4) The late filing fee for renewal of a certification, registration, or license, which shall be one-half of the certification, registration, and licensure fees established pursuant to divisions (A)(2) and (3) of this section;
(5) The amount to be charged to cover the cost of the issuance of a temporary certificate or license under division (E)(2) of section 4763.05 of the Revised Code;
(6) Other reasonable fees as needed, including any annual pass-through charges imposed by the federal government.
(B) An applicant for certification or licensure under this chapter shall pay the examination fee directly to a testing service if so prescribed and in such amount as the superintendent of real estate prescribes. The balance, if any, of the examination fee shall accompany the application.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.10 | Refusal to Issue or Renew Certificate, Registration or License.

Effective:
March 5, 1996
Latest Legislation:
House Bill 304 - 121st General Assembly
(A) The superintendent of real estate may refuse to issue a certificate, registration, or license to an applicant based upon any act or omission for which a certificate holder, registrant, or licensee may be disciplined under section 4763.11 of the Revised Code or refuse to renew a certificate, registration, or license of a current certificate holder, registrant, or licensee for failing to comply with this chapter. If the superintendent refuses to issue or renew a certificate, registration, or license, the superintendent shall notify the applicant, certificate holder, registrant, or licensee of the basis for the refusal. Except as provided in division (B) of this section, the notice shall comply with division (B) of section 4763.11 of the Revised Code and the hearing shall be conducted in accordance with Chapter 119. of the Revised Code. An applicant, certificate holder, registrant, or licensee may appeal the superintendent's decision to the real estate appraiser board which shall provide the applicant, certificate holder, registrant, or licensee with the opportunity to be heard in person or by counsel, or both. All appeals shall be conducted in accordance with Chapter 119. of the Revised Code, except that, notwithstanding any provision to the contrary in Chapter 119. of the Revised Code, an applicant, certificate holder, registrant, or licensee may appeal the decision of the board to any court of common pleas.
(B) The superintendent is not required to afford a hearing to an applicant who is refused a certificate or license because of failure to pass the examination required by section 4763.05 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.14 | Record Retention and Maintenance.

Effective:
December 14, 2018
Latest Legislation:
House Bill 213 - 132nd General Assembly
A person licensed, registered, or certified under this chapter shall retain for a period of five years the original or a true copy of each written contract for the person's services relating to real estate appraisal work, all appraisal reports, and all work file documentation and data assembled in preparing those reports. The retention period begins on the date the appraisal report is submitted to the client unless, prior to expiration of the retention period, the certificate holder, registrant, or licensee is notified that the appraisal or report is the subject of or is otherwise involved in pending litigation, in which case the retention period shall commence two years from the date of final disposition of the litigation.
A certificate holder, registrant, and a licensee shall make available all records required to be maintained under this section for inspection and copying by the superintendent of real estate or the real estate appraiser board, or both, upon reasonable notice to the certificate holder, registrant, or licensee.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.15 | Real Estate Appraiser Operating Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Except for moneys required to be transferred into the real estate appraiser recovery fund pursuant to section 4763.16 of the Revised Code, the superintendent of real estate may deposit all fees collected under this chapter into the state treasury to the credit of the real estate operating fundcreated under section 4735.211 of the Revised Code. All operating expenses of the real estate appraiser board and the superintendent of real estate relating to the administration and enforcement of this chapter and Chapter 4768. of the Revised Code shall be paid from the real estate operating fund.
Last updated October 3, 2023 at 4:28 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.17 | Liability for Damages.

Effective:
December 14, 2018
Latest Legislation:
House Bill 213 - 132nd General Assembly
Every partnership, corporation, or association which employs, retains, or engages the services of a person licensed, registered, or certified under this chapter, whether the certificate holder, registrant, or licensee is an independent contractor or under the supervision or control of the partnership, corporation, or association, is jointly and severally liable for any damages incurred by any person as a result of an act or omission concerning a state-certified or state-licensed real estate appraisal report prepared or facilitated in the preparation by a certificate holder, registrant, or licensee while employed, retained, or engaged by the partnership, corporation, or association.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.18 | Effect of Child Support Default on License, or Certificate.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the real estate appraiser board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license or certificate issued pursuant to this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.19 | Appraisal for Mortgage Loan by Unlicensed Person Prohibited.

Effective:
December 14, 2018
Latest Legislation:
House Bill 213 - 132nd General Assembly
(A) Subject to division (B) of this section, no person shall perform or prepare a real estate appraisal, appraisal report, or real estate appraisal review for a mortgage loan, unless the person is licensed or certified under this chapter to do the appraisal.
(B) Division (A) of this section does not apply to a lender using a market analysis or price opinion, an internal valuation analysis, or an automated valuation model or report based on an automated valuation model, and any person providing that report to the lender to validate or support the value conclusion provided by the person licensed or certified under this chapter to do the appraisal.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.20 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The real estate appraiser board shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4763 | Real Estate Appraisers › Section 4763.99 | Penalty.

Effective:
January 1, 2007
Latest Legislation:
Senate Bill 185 - 126th General Assembly
(A) Whoever violates division (B) of section 4763.12, division (B), (C), or (D) of section 4763.13, or section 4763.19 of the Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates division (E) of section 4763.12 of the Revised Code is guilty of a felony of the fifth degree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4764 | Home Inspectors › Section 4764.02 | License.

Effective:
November 1, 2019
Latest Legislation:
Senate Bill 255 - 132nd General Assembly
(A) No person shall knowingly conduct a home inspection or represent a qualification to conduct a home inspection for compensation or other valuable consideration unless that person is licensed pursuant to this chapter as a home inspector or performing a parallel inspection.
(B) No person shall perform a home inspection unless it is performed pursuant to a written contract entered into between a licensed home inspector and a client.
(C) No person shall perform a home inspection unless the home inspection conforms to requirements specified in rules adopted by the Ohio home inspector board pursuant to division (A)(10) of section 4764.05 of the Revised Code.
(D) No person shall knowingly make or cause to be made any false representation concerning a material and relevant fact relating to the person's licensure as a home inspector.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4764 | Home Inspectors › Section 4764.03 | Exceptions.

Effective:
April 5, 2019
Latest Legislation:
Senate Bill 255 - 132nd General Assembly
Section 4764.02 of the Revised Code does not apply to any person described as follows if the person is acting within the scope of practice of the person's respective profession:
(A) A person who is employed by or whose services otherwise are retained by this state or a political subdivision of this state for the purpose of enforcing building codes;
(B) A person holding a valid certificate to practice architecture issued under Chapter 4703. of the Revised Code;
(C) A person registered as a professional engineer under Chapter 4733. of the Revised Code;
(D) A heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor who is licensed under Chapter 4740. or section 3781.102 of the Revised Code or who is licensed or registered under section 715.27 of the Revised Code;
(E) A real estate broker, real estate salesperson, foreign real estate dealer, or foreign real estate salesperson who is licensed under Chapter 4735. of the Revised Code;
(F) A real estate appraiser who is licensed under Chapter 4763. of the Revised Code;
(G) A public insurance adjuster who holds a valid certificate of authority issued under Chapter 3951. of the Revised Code or an employee or representative of an insurer licensed to transact business in this state under Title XXXIX of the Revised Code who conducts an inspection of any property or structure for purposes related to the business of insurance;
(H) A commercial applicator of pesticide who is licensed under Chapter 921. of the Revised Code.