FEDERATION OF
CHIROPRACTIC LICENSING BOARDS
76th
Educational Conference & Annual Meeting
Knickerbocker
Hotel
Chicago, Illinois
May 3, 2002
Legislative
Counsel
Ohio State
Chiropractic Board
The Ohio example, Amended Substitute House Bill 506:
v
Unlicensed Practice (Civil
Remedy) & Cost Recovery
§ 4734.49 Injunction against violation; unlicensed
practice constitutes public nuisance.
Text
of Statute
(A)
The attorney general, the prosecuting attorney of the county in which a
violation of this chapter is committed or is threatened to be committed or in
which the offender resides, the state chiropractic board, or any other person
having knowledge of a person committing or threatening to commit a violation of
this chapter may, in accordance with the provisions of the Revised Code
governing injunctions, maintain an action in the name of this state to enjoin
the person from committing the violation by applying for an injunction in any
court of competent jurisdiction. 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. If the court grants a final or permanent injunction that
is a final appealable order, the court may award to the person or entity that
maintained the action an amount not exceeding five thousand dollars to cover
reasonable attorney's fees, investigative costs, and other costs related to the
investigation or prosecution of the case. Injunction proceedings brought under
this section shall be in addition to, and not in lieu of, all penalties and
other remedies provided in this chapter.
(B) The practice of chiropractic by any person not
at that time holding a valid and current license issued under this chapter is
hereby declared to be inimical to the public welfare and to constitute a public
nuisance.
HISTORY:
148 v H 506. Eff 4-10-2001.
v
Unlicensed
Practice (Criminal Remedy)
§ 4734.99 Penalties.
Text
of Statute
(A)
Whoever violates section 4734.14
of the Revised Code is guilty of a felony of the fifth degree on a first
offense, unless the offender previously has been convicted of or has pleaded
guilty to a violation of section 2911.01,
2911.02,
2911.11,
2911.12,
2911.13,
2913.02,
2913.40,
2913.47,
2913.48,
2913.51,
2921.13,
4715.09,
4723.03,
4725.02,
4725.41,
4729.27,
4729.28,
4729.36,
4729.51,
4729.61,
4730.02,
4731.41,
4731.43, 4731.46, 4731.47, 4731.60, 4732.21, 4741.18, 4741.19, 4755.48,
4757.02, 4759.02, 4761.10, or 4773.02 of the Revised Code or an offense under
an existing or former law of this state, another state, or the United States
that is or was substantially equivalent to a violation of any of those
sections, in which case the offender is guilty of a felony of the fourth
degree. For each subsequent offense, the offender is guilty of a felony of the
fourth degree.
(B) Whoever violates section 4734.161
[4734.16.1] of the Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates division (A), (B), (C), or (D)
of section 4734.32
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.
HISTORY:
136 v S 75 (Eff 11-3-75); 146 v S 2 (Eff 7-1-96); 148 v H 148 (Eff 10-14-99);
148 v H 506. Eff 4-10-2001.
v First Amendment Rights vs.
Advertising Regulation
The
authority this act grants to the State Chiropractic Board to adopt rules under
Chapter 4734. of the Revised Code shall not be construed to allow the Board to
prohibit or restrict commercial speech by time, place, or medium of
solicitation on behalf of chiropractors.
v Multidisciplinary Practices
§ 4734.17 Authorized forms of business entities for
providing services.
Text
of Statute
(A)
An individual whom the state chiropractic board licenses to engage in the
practice of chiropractic may render the professional services of a chiropractor
within this state through a corporation formed under division (B) of section 1701.03
of the Revised Code, a limited liability company formed under Chapter 1705.
of the Revised Code, a partnership, or a professional association formed under
Chapter 1785.
of the Revised Code. This division does not preclude a chiropractor from
rendering professional services as a chiropractor through another form of
business entity, including, but not limited to, a nonprofit corporation or
foundation, or in another manner that is authorized by or in accordance with
this chapter, another chapter of the Revised Code, or rules of the state
chiropractic board adopted pursuant to this chapter.
(B)
A corporation, limited liability company, partnership, or professional
association described in division (A) of this section may be formed for the
purpose of providing a combination of the professional services of the
following individuals who are licensed, certificated, or otherwise legally
authorized to practice their respective professions:
(1) Optometrists who are authorized to practice
optometry, under Chapter 4725.
of the Revised Code;
(2) Chiropractors who are authorized to practice
chiropractic under this chapter;
(3) Psychologists who are authorized to practice
psychology under Chapter 4732.
of the Revised Code;
(4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as licensed practical
nurses under Chapter 4723.
of the Revised Code;
(5) Pharmacists who are authorized to practice
pharmacy under Chapter 4729.
of the Revised Code;
(6) Physical therapists who are authorized to
practice physical therapy under sections 4755.40
to 4755.53
of the Revised Code;
(7) Mechanotherapists who are authorized to
practice mechanotherapy under section 4731.151
[4731.15.1] of the Revised Code;
(8) Doctors of medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery who are authorized for
their respective practices under Chapter 4731.
of the Revised Code.
This
division shall apply notwithstanding a provision of any code of ethics
established or adopted under section 4734.16
of the Revised Code that prohibits an individual from engaging in the practice
of chiropractic in combination with an individual who is licensed,
certificated, or otherwise authorized for the practice of optometry,
psychology, nursing, pharmacy, physical therapy, mechanotherapy, medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and surgery,
but who is not also licensed under this chapter to engage in the practice of
chiropractic.
HISTORY:
RC § 4734.09.1,
147 v S 31 (Eff 4-10-98); 147 v H 698 (Eff 3-22-99); RC § 4734.17,
148 v H 506. Eff 4-10-2001.
Not
analogous to former RC § 4734.17,
amended and renumbered RC § 4734.14
in 148 v H 506, eff 4-10-2001.
v Fraud / Fraudulent Conduct
Ohio Revised Code Section 4734.31 (C) [Grounds for discipline]
* * *
(12)
With respect to a report or record that is made, filed, or signed in connection
with the practice of chiropractic, knowingly making or filing a report or
record that is false, intentionally or negligently failing to file a report or
record required by federal, state, or local law or willfully impeding or
obstructing the required filing, or inducing another person to engage in any
such acts;
(13)
Making a false, fraudulent, or deceitful statement to the board or any agent of
the board during any investigation or other official proceeding conducted by
the board under this chapter or in any filing that must be submitted to the
board;
(14)
Attempting to secure a license or to corrupt the outcome of an official board
proceeding through bribery or any other improper means;
*
* *
(19)
Exploiting a patient for personal or financial gain
*
* *
(30)
Obtaining or attempting to obtain any fee or other advantage by fraud or
misrepresentation;
*
* *
(31) Making misleading, deceptive, false, or
fraudulent representations in the practice of chiropractic;
(32) Being guilty of false, fraudulent, deceptive,
or misleading advertising or other solicitations for patients or knowingly
having professional connection with any person that advertises or solicits for
patients in such a manner;
* * *
(37) Except as provided in division (G) of this
section:
(a) Waiving the payment of all or any part of a
deductible or copayment that a patient, pursuant to a health insurance or health
care policy, contract, or plan that covers the chiropractor's services,
otherwise would be required to pay if the waiver is used as an enticement to a
patient or group of patients to receive health care services from that
chiropractor;
(b) Advertising that the chiropractor will waive
the payment of all or any part of a deductible or copayment that a patient,
pursuant to a health insurance or health care policy, contract, or plan that
covers the chiropractor's services, otherwise would be required to pay.
v
Other Topics:
Ø
Compliance
Programs – Key Elements: 1. Auditing & monitoring the practice for
violations and deficiencies; 2. Written compliance standards and procedures for
the practice; 3. A designated compliance officer to monitor the practice; 4.
Employee training and education; 5. Appropriate response to detected
violations, including self-reporting and corrective action; 6. Developing open
lines of communication; and 7. Enforcing disciplinary standards through
guidelines.
Ø
HIPAA Privacy
Regulations;
Ø
Veterinary
Chiropractic?
###
+ Johnson & Moran Co., L.P.A., 950 Taylor Station Road, Suite D, Gahanna, Ohio 43230-6670;
(614) 416-6300; Fax: (614) 416-6305; www.JohnsonandMoran.com; MMoran@JohnsonandMoran.com.