reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.151 | Legacied Naprapaths and Mechanotherapists.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) Naprapaths who received a certificate to practice from the state medical board prior to March 2, 1992, may continue to practice naprapathy, as defined in rules adopted by the board. Such naprapaths shall practice in accordance with rules adopted by the board.
(B)(1) As used in this division:
(a) "Mechanotherapy" means all of the following:
(i) Examining patients by verbal inquiry;
(ii) Examination of the musculoskeletal system by hand;
(iii) Visual inspection and observation;
(iv) Diagnosing a patient's condition only as to whether the patient has a disorder of the musculoskeletal system;
(v) In the treatment of patients, employing the techniques of advised or supervised exercise; electrical neuromuscular stimulation; massage or manipulation; or air, water, heat, cold, sound, or infrared ray therapy only to those disorders of the musculoskeletal system that are amenable to treatment by such techniques and that are identifiable by examination performed in accordance with division (B)(1)(a)(i) of this section and diagnosable in accordance with division (B)(1)(a)(ii) of this section.
(b) "Educational requirements" means the completion of a course of study appropriate for certification to practice mechanotherapy on or before November 3, 1985, as determined by rules adopted under this chapter.
(2) Mechanotherapists who received a certificate to practice from the board prior to March 2, 1992, may continue to practice mechanotherapy, as defined in rules adopted by the board. Such mechanotherapists shall practice in accordance with rules adopted by the board.
A person authorized by this division to practice as a mechanotherapist may examine, diagnose, and assume responsibility for the care of patients with due regard for first aid and the hygienic and nutritional care of the patients. Roentgen rays shall be used by a mechanotherapist only for diagnostic purposes.
(3) A person who holds a certificate to practice mechanotherapy and completed educational requirements in mechanotherapy on or before November 3, 1985, is entitled to use the title "doctor of mechanotherapy" and is a "physician" who performs "medical services" for the purposes of Chapters 4121. and 4123. of the Revised Code and the medicaid program, and shall receive payment or reimbursement as provided under those chapters and that program.
(C) Chapter 4796. of the Revised Code does not apply to a certificate to practice naprapathy or mechanotherapy issued under this section.
Last updated December 29, 2023 at 6:23 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.155 | Rules Regarding Continuing Education.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The state medical board may adopt rules that establish continuing education requirements for renewal under section 4731.15 of the Revised Code of a license to practice a limited branch of medicine. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
(B)(1) If the board adopts rules establishing continuing education requirements for holders of licenses to practice a limited branch of medicine, the board may require a holder to certify to the board that the holder has satisfied the continuing education requirements.
(2) The board may require a random sample of license holders to submit materials documenting that the continuing education requirements adopted under this section have been satisfied.
Division (B)(2) of this section does not limit the board's authority to conduct investigations pursuant to section 4731.22 of the Revised Code.
(3) If, through a random sample conducted under division (B)(2) of this section or any other means, the board finds that an individual who certified completion of the number of hours and type of continuing education required to renew, reinstate, or restore a license to practice did not complete the requisite continuing education, the board may do either of the following:
(a) Take disciplinary action against the individual under section 4731.22 of the Revised Code, impose a civil penalty, or both;
(b) Permit the individual to agree in writing to complete the continuing education and pay a civil penalty.
(4) The board's finding in any disciplinary action taken under division (B)(3)(a) of this section shall be made pursuant to an adjudication under Chapter 119. of the Revised Code and by an affirmative vote of not fewer than six of its members.
(5) A civil penalty imposed under division (B)(3)(a) of this section or paid under division (B)(3)(b) of this section shall be in an amount specified by the board of not more than five thousand dollars. The board shall deposit civil penalties in accordance with section 4731.24 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.16 | Determination of Standards; Examinations.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
(A) The state medical board shall determine the standing of the schools, colleges, or institutions giving instruction in the limited branch of medicine of massage therapy.
(B) The board may administer an examination of competency to practice the limited branch of medicine of massage therapy. If it administers an examination, the board shall establish by rule a fee to cover the cost of administering the examination.
If it does not administer an examination, the board shall adopt rules under section 4731.05 of the Revised Code that specify both of the following:
(1) An examination acceptable to the board as an examination of competency to practice the limited branch of medicine of massage therapy;
(2) The score that constitutes evidence of passing the examination.
Last updated March 22, 2023 at 12:23 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.17 | Issuance of License.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
(A) The state medical board shall review all applications received under section 4731.19 of the Revised Code. The board shall determine whether an applicant meets the requirements for a license to practice the limited branch of medicine of massage therapy.
(B) If the board determines that the applicant meets the requirements for a license and that the documentation required for a license is acceptable, the board shall issue to the applicant the license to practice. Each license shall be signed by the president and secretary of the board and attested by its seal.
(C) A license to practice a limited branch of medicine shall authorize the holder to practice the limited branch of medicine for which the license was issued. No person who holds a license to practice a limited branch of medicine issued by the board shall do any of the following:
(1) Practice a limited branch of medicine other than the limited branch of medicine for which the license was issued;
(2) Treat infectious, contagious, or venereal diseases;
(3) Prescribe or administer drugs;
(4) Perform surgery or practice medicine in any other form.
Last updated March 22, 2023 at 12:23 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.171 | License Applicant to Comply With Rc Chapter 4776.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263, House Bill 442 - 133rd General Assembly
In addition to any other eligibility requirement set forth in this chapter, each applicant for a license to practice massage therapy shall comply with sections 4776.01 to 4776.04 of the Revised Code.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated October 9, 2021 at 5:06 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.20 | State Medical Board - Powers and Duties.

Effective:
April 10, 2001
Latest Legislation:
House Bill 585 - 123rd General Assembly
The powers and duties conferred by this chapter on the state medical board, including all of the board's officers, for purposes of regulating the practices of medicine and surgery, osteopathic medicine and surgery, and podiatric medicine and surgery, shall apply in the same manner, with any modifications the board considers necessary, for purposes of regulating the practices of limited branches of medicine, including the power of the board to take disciplinary actions under section 4731.22 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.21 | Limitations Prescribed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 4731.15 to 4731.20, inclusive, of the Revised Code do not amend sections 4731.34, 4731.36, and 4731.41 of the Revised Code or limit their application unless otherwise specifically provided.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.221 | Suspending License or Certificate of Mentally Ill or Mentally Incompetent Practitioner.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
If the state medical board has reason to believe that any person who has been granted a license or certificate under this chapter is mentally ill or mentally incompetent, it may file in the probate court of the county in which such 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 or certificate under this chapter is adjudged by a probate court to be mentally ill or mentally incompetent, the person's license or certificate shall be automatically suspended until such 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 such 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 such 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 or certificate in the margin of the court's record of such license or certificate.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.222 | Determining Applicant's Fitness to Resume 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 or certificate 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 or certificate pursuant to this chapter who for more than two years has not been engaged in the practice of medicine and surgery, osteopathic medicine and surgery, podiatric medicine and surgery, or a limited branch of medicine as any of the following:
(a) An active practitioner;
(b) A participant in a program of graduate medical education, as defined in section 4731.04 of the Revised Code;
(c) A participant in a podiatric internship, residency, or clinical fellowship program;
(d) A student in a college of podiatry determined by the state medical board to be in good standing;
(e) A student in a school, college, or institution giving instruction in a limited branch of medicine determined by the board to be in good standing under section 4731.16 of the Revised Code.
(3) An applicant seeking to reactivate a license placed on retired status.
(B) Before issuing a license or certificate to an applicant subject to this section, or before restoring a license or certificate 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 medical 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, in accordance with section 4731.09, 4731.19, or 4731.52 of the Revised Code. The board shall not issue , restore, or reactivate a license or certificate under this section unless the applicant complies with sections 4776.01 to 4776.04 of the Revised Code.
Last updated August 18, 2023 at 10:12 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.223 | Reporting Convictions.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 260 - 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 or certificate 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, or for a second or subsequent time pleads guilty to, or is subject to a judicial finding of guilt of, a violation of section 2919.123 or 2919.124 of the Revised Code, the prosecutor in the case, on forms prescribed and provided by the state medical board, shall promptly notify the board of the conviction or guilty plea. 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 or certificate under section 4731.22 of the Revised Code.
(C) The prosecutor in any case against any person holding a valid license or certificate 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 or certificate 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 4731 | Physicians; Limited Practitioners › Section 4731.225 | Civil Penalty.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) If the holder of a license or certificate issued under this chapter violates division (A), (B), or (C) of section 4731.66 or section 4731.69 of the Revised Code, or if any other person violates division (B) or (C) of section 4731.66 or section 4731.69 of the Revised Code, the state medical board, pursuant to an adjudication under Chapter 119. of the Revised Code and an affirmative vote of not fewer than six of its members, shall:
(1) For a first violation, impose a civil penalty of not more than five thousand dollars;
(2) For each subsequent violation, impose a civil penalty of not more than twenty thousand dollars and, if the violator is a license or certificate holder, proceed under division (B)(27) of section 4731.22 of the Revised Code.
(B)(1) If the holder of a license or certificate issued under this chapter violates any section of this chapter other than section 4731.281 or 4731.282 of the Revised Code or the sections specified in division (A) of this section, or violates any rule adopted under this chapter, the 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 (B)(2) of this section. The civil penalty may be in addition to any other action the board may take under section 4731.22 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.
(C) 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)(26) of section 4731.22 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 4731 | Physicians; Limited Practitioners › Section 4731.227 | Using Alternative Medical Treatments.

Effective:
April 6, 2017
Latest Legislation:
House Bill 290 - 131st General Assembly
An individual authorized to practice medicine and surgery or osteopathic medicine and surgery may use alternative medical treatments if the individual has provided the information necessary to obtain informed consent from the patient and the treatment meets the standards enforced by the state medical board pursuant to section 4731.22 of the Revised Code and any rules adopted by the board.
As used in this section, "alternative medical treatment" means care that is complementary to or different from conventional medical care but is reasonable when the benefits and risks of the alternative medical treatment and the conventional medical care are compared. "Alternative medical treatment" does not include treatment with an investigational drug, product, or device under section 4731.97 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.229 | Effect of Disciplinary Action on Certificate to Recommend.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
Any disciplinary action taken on an individual's license to practice by the state medical board under section 4731.22 of the Revised Code operates automatically on the individual's certificate to recommend and remains in effect for as long as the action remains in effect on the license to practice.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.23 | Designating Attorney Hearing Examiner.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A)(1)(a) The state medical board shall designate one or more attorneys at law who have been admitted to the practice of law, and who are classified as either administrative law attorney examiners or as administrative law attorney examiner administrators under the state job classification plan adopted under section 124.14 of the Revised Code, as hearing examiners, subject to Chapter 119. of the Revised Code, to conduct any hearing which the medical board is empowered to hold or undertake pursuant to Chapter 119. of the Revised Code.
(b) Notwithstanding the requirement of division (A)(1)(a) of this section that the board designate as a hearing examiner an attorney who is classified as either an administrative law attorney examiner or an administrative law attorney examiner administrator, the board may, subject to section 127.16 of the Revised Code, enter into a personal service contract with an attorney admitted to the practice of law in this state to serve on a temporary basis as a hearing examiner.
(2) The hearing examiner shall hear and consider the oral and documented evidence introduced by the parties and issue in writing proposed findings of fact and conclusions of law to the board for their consideration within thirty days following the close of the hearing.
(B) The board shall be given copies of the transcript of the record hearing and all exhibits and documents presented by the parties at the hearing.
(C) The board shall, upon the favorable vote of three members, allow the parties or their counsel the opportunity to present oral arguments on the proposed findings of fact and conclusions of law of the hearing examiner prior to the board's final action.
(D) The board shall render a decision and take action within sixty days following the receipt of the hearing examiner's proposed findings of fact and conclusions of law or within any longer period mutually agreed upon by the board and the license or certificate holder.
(E) The final decision of the board in any hearing which the board is empowered to undertake shall be in writing and contain findings of fact and conclusions of law. Copies of the decision shall be delivered to the parties personally or by certified mail. The decision shall be final upon delivery or mailing, except that the license or certificate holder may appeal in the manner provided by Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.24 | State Medical Board Operating Fund - Receipts of State Medical Board.

Effective:
February 8, 2018
Latest Legislation:
House Bill 145 - 132nd General Assembly
Except as provided in sections 4731.281 and 4731.40 of the Revised Code, all receipts of the state medical board, from any source, shall be deposited in the state treasury. The funds shall be deposited to the credit of the state medical board operating fund, which is hereby created. Except as provided in sections 4730.252, 4731.225, 4731.24, 4759.071, 4760.133, 4761.091, 4762.133, 4774.133, and 4778.141 of the Revised Code, all funds deposited into the state treasury under this section shall be used solely for the administration and enforcement of this chapter and Chapters 4730., 4759., 4760., 4761., 4762., 4774., and 4778. of the Revised Code by the board.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.241 | Solicitation and Acceptance of Funds for Programs Related to Patient Safety and Education, Supply and Demand of Health Care Professionals, and Information Sharing.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) The state medical board may solicit and accept grants and services from public and private sources for the purpose of developing and maintaining programs that address patient safety and education, supply and demand of health care professionals, and information sharing with the public and the individuals regulated by the board. The board shall not solicit or accept a grant or service that would interfere with the board's independence or objectivity, as determined by the board.
Money received by the board under this division shall be deposited into the state treasury to the credit of the medical board education and patient safety fund, which is hereby created. The money shall be used solely in accordance with this section.
(B) The board may accept from the state, a political subdivision of the state, or the federal government money that results from a fine, civil penalty, or seizure or forfeiture of property. Money received by the board under this division shall be deposited in accordance with section 4731.24 of the Revised Code. The money shall be used solely to further the investigation, enforcement, and compliance activities of the board.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.252 | Practitioner Eligibility.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) A practitioner is eligible to participate in the confidential monitoring program established under section 4731.25 of the Revised Code if both of the following are the case:
(1) The practitioner is or may be impaired.
(2) At the time the practitioner seeks to participate in the program, the practitioner is not under the terms of a consent agreement with, or an order issued by, the board for impairment.
(B) All of the following apply to a practitioner who participates in the program:
(1) The practitioner must comply with all terms and conditions for continued participation in and successful completion of the program.
(2) On acceptance into the program, the practitioner must suspend practice if the monitoring organization, evaluator, or treatment provider recommends such a suspension.
(3) The practitioner is responsible for all costs associated with participation.
(4) The practitioner is deemed to have waived any right to confidentiality that would prevent the monitoring organization conducting the program or a treatment provider from making reports required by section 4731.25 of the Revised Code.
Last updated August 28, 2023 at 10:31 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.254 | Liability.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
In the absence of fraud or bad faith, no monitoring organization that conducts the confidential monitoring program established under section 4731.25 of the Revised Code and no agent, employee, member, or representative of such organization shall be liable in damages in a civil action or subject to criminal prosecution for performing any of the duties required by that section, the contract with the state medical board, or sections 4731.251 to 4731.255 of the Revised Code.
In the absence of fraud or bad faith, no person or organization that has been approved as a treatment provider under section 4731.251 of the Revised Code, no member of such an organization, and no employee, representative, or agent of the treatment provider shall be held liable in damages to any person by reason of actions taken or recommendations made by the treatment provider or its employees, representatives, or agents.
Last updated September 13, 2023 at 11:59 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.255 | Rulemaking.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The state medical board may adopt any rules it considers necessary to implement sections 4731.25 to 4731.254 of the Revised Code, except that the board shall adopt rules establishing standards for evaluating, treating, and monitoring practitioners and applicants who are or may be impaired, including standards for the approval of evaluators and treatment providers. Any such rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Last updated September 13, 2023 at 11:48 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.26 | Duplicate Certificates.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
Upon application by the holder of a license or certificate to practice issued under this chapter, the state medical board shall issue a duplicate license or certificate to replace one missing or damaged, to reflect a name change, or for any other reasonable cause. The fee for a duplicate license or certificate to practice shall be thirty-five dollars.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.27 | Standard Care Arrangements.

Effective:
September 28, 2018
Latest Legislation:
House Bill 111 - 132nd General Assembly
(A) As used in this section, "collaboration," "physician," "standard care arrangement," and "supervision" have the same meanings as in section 4723.01 of the Revised Code.
(B) A physician or podiatrist shall enter into a standard care arrangement with each clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner with whom the physician or podiatrist is in collaboration.
The collaborating physician or podiatrist shall fulfill the responsibilities of collaboration, as specified in the arrangement and in accordance with division (A) of section 4723.431 of the Revised Code. A copy of the standard care arrangement shall be retained on file by the nurse's employer. Prior approval of the standard care arrangement by the state medical board is not required, but the board may periodically review it.
A physician or podiatrist who terminates collaboration with a certified nurse-midwife, certified nurse practitioner, or clinical nurse specialist before their standard care arrangement expires shall give the nurse the written or electronic notice of termination required by division (D)(1) of section 4723.431 of the Revised Code.
Nothing in this division prohibits a hospital from hiring a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner as an employee and negotiating standard care arrangements on behalf of the employee as necessary to meet the requirements of this section. A standard care arrangement between the hospital's employee and the employee's collaborating physician is subject to approval by the medical staff and governing body of the hospital prior to implementation of the arrangement at the hospital.
(C) A physician or podiatrist shall cooperate with the board of nursing in any investigation the board conducts with respect to a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who collaborates with the physician or podiatrist or with respect to a certified registered nurse anesthetist who practices with the supervision of the physician or podiatrist.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.294 | Special Activity Certificate.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) The state medical board may issue, without examination, a special activity certificate to any nonresident person seeking to practice medicine and surgery or osteopathic medicine and surgery in conjunction with a special activity, program, or event taking place in this state.
(B) An applicant for a special activity certificate shall submit evidence satisfactory to the board of all of the following:
(1) The applicant holds a current, unrestricted license to practice medicine and surgery or osteopathic medicine and surgery issued by another state or country and that within the two-year period immediately preceding application, the applicant has done one of the following:
(a) Actively practiced medicine and surgery or osteopathic medicine and surgery in the United States;
(b) Participated in a graduate medical education program accredited by either the accreditation council for graduate medical education of the American medical association or the American osteopathic association;
(c) Successfully passed the federation licensing examination established by the federation of state medical boards, a special examination established by the federation of state medical boards, or all parts of a standard medical licensing examination established for purposes of determining the competence of individuals to practice medicine and surgery or osteopathic medicine and surgery in the United States.
(2) The applicant meets the same educational requirements that individuals must meet under sections 4731.09 and 4731.14 of the Revised Code.
(3) The applicant's practice in conjunction with the special activity, program, or event will be in the public interest.
(C) The applicant shall pay a fee of one hundred twenty-five dollars.
(D) The holder of a special activity certificate may practice medicine and surgery or osteopathic medicine and surgery only in conjunction with the special activity, event, or program for which the certificate is issued. The board may revoke a certificate on receiving proof satisfactory to the board that the holder of the certificate has engaged in practice in this state outside the scope of the certificate or that there are grounds for action against the certificate holder under section 4731.22 of the Revised Code.
(E) A special activity certificate is valid for the shorter of thirty days or the duration of the special activity, program, or event. The certificate may not be renewed.
(F) The board shall not require a person holding a special activity certificate issued under this section to obtain a certificate under Chapter 4796. of the Revised Code.
(G) The state medical board shall adopt rules in accordance with Chapter 119. of the Revised Code that specify how often an applicant may be granted a certificate under this section.
Last updated December 29, 2023 at 6:21 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.301 | Adoption of Rules Regarding Certificate to Recommend.

Effective:
September 8, 2016
Latest Legislation:
House Bill 523 - 131st General Assembly
(A) Not later than one year after the effective date of this section, the state medical board shall adopt rules establishing all of the following:
(1) The procedures when applying for a certificate to recommend under section 4731.301 of the Revised Code;
(2) The conditions that must be met to be eligible for a certificate to recommend;
(3) The schedule and procedures for renewing a certificate to recommend;
(4) The reasons for which a certificate may be suspended or revoked;
(5) The standards under which a certificate suspension may be lifted;
(6) The minimal standards of care when recommending treatment with medical marijuana.
The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
(B) In addition to the rules described in division (A) of this section, the board may adopt any other rules it considers necessary to implement sections 4731.30 and 4731.302 of the Revised Code which may include rules specifying the information that must be included in a written recommendation issued under section 4731.30 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
(C) The board shall approve one or more continuing medical education courses of study, which may be a course or courses certified by the Ohio state medical association or Ohio osteopathic association, that assist physicians holding certificates to recommend in both of the following:
(1) Diagnosing qualifying medical conditions as defined in section 3796.01 of the Revised Code;
(2) Treating qualifying medical conditions with medical marijuana.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.302 | Requests for Disease or Condition to Be Added as Qualifying Medical Condition for Medical Marijuana Treatment.

Effective:
September 8, 2016
Latest Legislation:
House Bill 523 - 131st General Assembly
(A) Any person may submit a petition to the state medical board requesting that a disease or condition be added as a qualifying medical condition for the purposes of section 3796.01 of the Revised Code. A petition shall be submitted to the board in a manner prescribed by the board. A petition shall be limited to one disease or condition and shall include a description of the disease or condition. A petition shall not seek to add a broad category of diseases or conditions.
(B) On receipt of a petition, the board shall review it to determine whether to approve or deny the addition of the disease or condition described in the petition. The board may consolidate the review of petitions for the same or similar diseases or conditions. In making its determination, the board shall do all of the following:
(1) Consult with one or more experts who specialize in the study of the disease or condition;
(2) Review any relevant medical or scientific evidence pertaining to the disease or condition;
(3) Consider whether conventional medical therapies are insufficient to treat or alleviate the disease or condition;
(4) Review evidence supporting the use of medical marijuana to treat or alleviate the disease or condition;
(5) Review any letters of support provided by physicians with knowledge of the disease or condition, including any letter provided by a physician treating the petitioner.
(C) The board shall approve or deny the petition in accordance with any rules adopted by the board under section 4731.301 of the Revised Code. The board's decision is final.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.31 | Rural Hospital May Employ a Physician.

Effective:
April 10, 2001
Latest Legislation:
House Bill 585 - 123rd General Assembly
(A) As used in this section:
(1) "Rural hospital" means a hospital agency, as defined in section 140.01 of the Revised Code, that meets all of the following criteria:
(a) Is in compliance with section 3727.02 of the Revised Code and the registration requirement of division (A) of section 3701.07 of the Revised Code;
(b) Is located in a county that has a population of less than one hundred twenty-five thousand.
(2) "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.
(B) Subject to division (C) of this section, a rural hospital or a health care facility that is owned or operated by a rural hospital may employ a physician. A hospital or facility that employs a physician in accordance with this section is not engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery in violation of section 4731.41, 4731.43, or 4731.60 of the Revised Code.
(C) No rural hospital or health care facility owned or operated by a rural hospital shall do either of the following:
(1) Control the professional clinical judgment exercised within accepted and prevailing standards of practice of a physician employed pursuant to this section in rendering care, treatment, or professional advice to an individual patient;
(2) Require that a physician be employed by the hospital or facility as a condition of granting the physician privileges to practice within the hospital or facility.
Last updated July 30, 2021 at 4:19 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.34 | Unauthorized Practice.

Effective:
April 10, 2001
Latest Legislation:
House Bill 585 - 123rd General Assembly
(A) A person shall be regarded as practicing medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, within the meaning ofthis chapter, who does any of the following:
(1) Uses the words or letters, "Dr.," "Doctor," "M.D.," physician," "D.O.," "D.P.M.," or any other title in connection with the person's name in any way that represents the person as engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches;
(2) Advertises, solicits, or represents in any way that the person is practicing medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches;
(3) In person or, regardless of the person's location, through the use of any communication, including oral, written, or electronic communication, does any of the following:
(a) Examines or diagnoses for compensation of any kind, direct or indirect;
(b) Prescribes, advises, recommends, administers, or dispenses for compensation of any kind, direct or indirect, a drug or medicine, appliance, mold or cast, application, operation, or treatment, of whatever nature, for the cure or relief of a wound, fracture or bodily injury, infirmity, or disease.
(B) The treatment of human ills through prayer alone by a practitioner of the Christian Science church, in accordance with the tenets and creed of such church, shall not be regarded as the practice of medicine, provided that sanitary and public health laws shall be complied with, no practices shall be used that may be dangerous or detrimental to life or health, and no person shall be denied the benefits of accepted medical and surgical practices.
(C) The use of words, letters, or titles in any connection or under any circumstances as to induce the belief that the person who uses them is engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches, is prima-facie evidence of the intent of such person to represent the person as engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.341 | Injunctions.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The practice of medicine in all of its branches or the treatment of human ailments without the use of drugs or medicines and without operative surgery by any person not at that time holding a valid and current license or certificate as provided by Chapter 4723., 4725., or 4731. of the Revised Code is hereby declared to be inimical to the public welfare and to constitute a public nuisance.
(B) 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 who either directly or by complicity is in violation of division (A) of this section, may on or after January 1, 1969, 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 activity by applying for an injunction in the Franklin county court of common pleas or any other court of competent jurisdiction.
Prior to application for such injunction, the secretary of the state medical board shall notify the person allegedly engaged either directly or by complicity in the unlawful activity by registered mail that the secretary has received information indicating that this person is so engaged. Said person shall answer the secretary within thirty days showing either that the person is properly licensed or certified for the stated activity or that the person is not in violation of Chapter 4723. or 4731. of the Revised Code. 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.
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.
Such injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in Chapters 4723. and 4731. of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.35 | Exemption of Nurse Anesthetist and Anesthesiologist Assistant.

Effective:
April 10, 2001
Latest Legislation:
House Bill 585 - 123rd General Assembly
(A) This chapter does not apply to or prohibit in any way the administration of anesthesia by a certified registered nurse anesthetist under the direction of and in the immediate presence of an individual authorized by this chapter to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery.
(B) This chapter does not prohibit an individual from practicing as an anesthesiologist assistant in accordance with Chapter 4760. of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.38 | Approval of Vouchers.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
All vouchers of the state medical board shall be approved by the board's president, the board's executive director, or another person authorized by the board.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.39 | Enforcement.

Effective:
March 13, 2013
Latest Legislation:
Senate Bill 301 - 129th General Assembly
The secretary of the state medical board shall enforce this chapter and the rules adopted under it. If the secretary has knowledge or notice of a violation, 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 such prosecution.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4731 | Physicians; Limited Practitioners › Section 4731.391 | Use of Information Gathered and Disseminated Through Ohio Law Enforcement Gateway.

Effective:
May 20, 2011
Latest Legislation:
House Bill 93 - 129th General Assembly
The state medical board may access and view, but not alter, information gathered and disseminated through the Ohio law enforcement gateway established under section 109.57 of the Revised Code.