Bill Text: OH HB259 | 2011-2012 | 129th General Assembly | Engrossed

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Bill Title: Regarding the provision of complementary or alternative health services.

Spectrum: Slight Partisan Bill (Democrat 13-6)

Status: (Engrossed - Dead) 2012-05-29 - Introduced to Senate [HB259 Detail]

Download: Ohio-2011-HB259-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

H. B. No. 259

Representatives Adams, J., Yuko 

Cosponsors: Representatives Wachtmann, Buchy, Antonio, Hall, Hagan, R., Barnes, Boyd, Celeste, Clyde, Fedor, Goyal, Heard, Martin, Milkovich, O'Brien, Pelanda, Phillips 

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A BILL

To amend section 4759.02 and to enact sections

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4783.01 to 4783.05 of the Revised Code regarding

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the provision of complementary or alternative

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health services.

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

Section 1. That section 4759.02 be amended and sections	5
4783.01, 4783.02, 4783.03, 4783.04, and 4783.05 of the Revised	6
Code be enacted to read as follows:	7

Sec. 4759.02.  (A) Except as otherwise provided in this	8
section or in section 4759.10 of the Revised Code, no person shall	9
practice, offer to practice, or hold himselfthe person's self	10
forth to practice dietetics unless hethe person has been licensed	11
under section 4759.06 of the Revised Code.	12

(B) Except for a licensed dietitian holding an inactive	13
license who does not practice or offer to practice dietetics, or a	14
person licensed under section 4759.06 of the Revised Code, or as	15
otherwise provided in this section or in section 4759.10 of the	16
Revised Code:	17

(1) No, no person shall use the title "dietitian"; and

18

(2) No person except for a person licensed under Chapters	19
4701. to 4755. of the Revised Code, when acting within the scope	20
of their practice, shall use any other title, designation, words,	21
letters, abbreviation, or insignia or combination of any title,	22
designation, words, letters, abbreviation, or insignia tending to	23
indicate that the person is practicing dietetics."	24

(C) Notwithstanding division (B) of this section, a person	25
who is a dietitian registered by the commission on dietetic	26
registration and who does not violate division (A) of this section	27
may use the designation "registered dietitian" and the	28
abbreviation "R.D."	29

(D) Division (A) of this section does not apply to:

30

(1) A student enrolled in an academic program that is in	31
compliance with division (A)(5) of section 4759.06 of the Revised	32
Code who is engaging in the practice of dietetics under the	33
supervision of a dietitian licensed under section 4759.06 of the	34
Revised Code or a dietitian registered by the commission on	35
dietetic registration, as part of the academic program;	36

(2) A person participating in the pre-professional experience	37
required by division (A)(6) of section 4759.06 of the Revised	38
Code;	39

(3) A person holding a limited permit under division (F) of	40
section 4759.06 of the Revised Code.	41

(E) Divisions (A) and (B) of this section do not apply to a	42
person who performs no more than fifteen days of dietetic practice	43
in the state and who meets at least one of the following	44
requirements:	45

(1) The Ohio board of dietetics determines that hethe person	46
is licensed in another state with licensure requirements	47
equivalent to or more stringent than those set forth in this	48
chapter;	49

(2) HeThe person is a dietitian registered by the commission	50
on dietetic registration and resides in another state that either	51
has no dietitian licensure requirements or has licensure	52
requirements less stringent than those set forth in this chapter.	53

Sec. 4783.01.  As used in this chapter:

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(A) "Bodywork" means any of the following:

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(1) The practice of manually massaging only the hands, feet,	56
or ears;	57

(2) Reflexology;

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(3) Cranial sacral therapy;

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(4) Ortho-bionomy;

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(5) The use of touch, words, or directed movement to deepen	61
awareness of existing patterns of body movement, or to suggest new	62
possibilities of movement, including the Feldenkrais method of	63
somatic education, the Rolf institute's Rolf movement integration,	64
and the Trager approach;	65

(6) The use of touch to affect the body's energy systems,	66
acupoints, or qi meridians, including Asian bodywork therapy,	67
acupressure, jin shin do, reiki, qigong, shiatsu, touch for	68
health, and tui na.	69

(B) "Complementary or alternative health care practitioner"	70
means an individual who provides complementary or alternative	71
health care services to a client and who is either of the	72
following:	73

(1) An individual who is not a licensed health care	74
professional;	75

(2) An individual who is a licensed health care professional	76
but does not hold the individual's self out as a licensed health	77
care professional when providing the services.	78

(C) "Complementary or alternative health care services" means	79
the broad domain of health care and healing practices that may or	80
may not be provided in addition to or in place of prevailing or	81
conventional treatment options, as long as those health care and	82
healing practices do not include any of the activities prohibited	83
under section 4783.02 of the Revised Code. "Complementary or	84
alternative health care services" includes, but is not limited to,	85
all of the following:	86

(1) Anthroposophy;

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(2) Aromatherapy;

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(3) Ayurveda;

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(4) Culturally traditional healing practices and healing	90
traditions, including such practices and traditions that employ	91
the use of plant medicines and foods, prayer, ceremony, or song;	92

(5) Detoxification practices and therapies;

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(6) Energetic healing;

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(7) Folk practices;

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(8) Gerson therapy;

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(9) Colostrum therapy;

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(10) Healing practices utilizing food, dietary supplements,	98
nutrients, and the physical forces of heat, cold, water, touch,	99
and light;	100

(11) Healing touch;

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(12) Herbology or herbalism;

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(13) Homeopathy;

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(14) Meditation;

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(15) Mind-body healing practices;

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(16) Naturopathy;

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(17) Iridology;

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(18) Noninvasive instrumentalities;

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(19) Polarity, polarity therapy, or polarity bodywork	109
therapy;	110

(20) Holistic kinesiology and other muscle testing	111
techniques;	112

(21) Bodywork.

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(D) "Dangerous drug," "drug," and "licensed health	114
professional authorized to prescribe drugs" have the same meanings	115
as in section 4729.01 of the Revised Code.	116

(E) "Licensed health care professional" means an individual	117
who holds a current, valid license or certificate issued under	118
Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734.,	119
4755., 4759., 4762., or 4779. of the Revised Code.	120

(F) "Executive agency" means a board, commission, agency,	121
department, or similar entity that is part of the executive branch	122
of state government.	123

Sec. 4783.02.  No complementary or alternative health care	124
practitioner shall do any of the following:	125

(A) Perform surgery or any other procedure that punctures the	126
skin;	127

(B) Perform any adjustment of the articulation of the joints	128
or spine of any individual;	129

(C) Use or recommend any procedure involving ionizing	130
radiation as defined in section 4773.01 of the Revised Code;	131

(D) Provide a medical diagnosis of a disease;

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(E) Provide diagnosis or treatment of a physical or mental	133
health condition of an individual if the diagnosis or treatment	134
poses to that individual a recognizable and imminent risk of	135
significant and discernible direct physical or mental harm;	136

(F) Recommend that an individual discontinue any of the	137
following:	138

(1) Medical care;

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(2) Medical treatment;

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(3) Use of any dangerous drug, drug, or therapeutic device	141
prescribed to the individual by a licensed health professional	142
authorized to prescribe drugs.	143

(G) Administer or prescribe any dangerous drug;

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(H) Hold out, state, indicate, advertise, or otherwise imply	145
to any person that the practitioner is licensed by this state to	146
practice as a licensed health care professional unless the	147
practitioner is a licensed health care professional;	148

(I) Perform or provide enteral or parenteral nutrition;

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(J) Promise a cure;

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(K) Set a fracture of a bone;

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(L) Perform bodywork or similar complementary or alternative	152
health care services in a manner that would constitute the	153
practice of massage therapy as regulated by the state medical	154
board under section 4731.15 of the Revised Code;	155

(M) Provide or perform an abortion;

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(N) Insert intrauterine devices;

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(O) Provide complementary or alternative health care services	158
to an individual who is less than eighteen years of age without	159
the consent of the individual's parent or legal guardian, except	160
when the individual who is less than eighteen years of age is	161
emancipated.	162

Sec. 4783.03.  (A) Before providing complementary or	163
alternative health care services to an individual for the first	164
time, a complementary or alternative health care practitioner	165
shall provide a plainly worded, written document to the recipient	166
of the services that discloses all of the following information:	167

(1) The nature of services to be provided;

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(2) The degrees, training, experience, credentials, or other	170
qualifications held by the practitioner with regard to the	171
services to be provided;	172

(3) If the practitioner is not a licensed health care	173
professional, a statement, printed clearly in not less than	174
eleven-point font, that reads as follows:	175

"THE STATE OF OHIO HAS NOT ADOPTED ANY EDUCATIONAL OR	176
TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR ALTERNATIVE	177
HEALTH CARE PRACTITIONERS. UNDER OHIO LAW, AN UNLICENSED	178
COMPLEMENTARY OR ALTERNATIVE HEALTH CARE PRACTITIONER MAY NOT	179
PROVIDE A MEDICAL DIAGNOSIS OR RECOMMEND THAT A PERSON DISCONTINUE	180
A MEDICALLY PRESCRIBED TREATMENT."	181

(4) If the practitioner is a licensed health care	182
professional, a statement, printed clearly in not less than	183
eleven-point font, that reads as follows:	184

"I HOLD THE FOLLOWING LICENSES AND CERTIFICATIONS ISSUED BY	185
THE STATE OF OHIO: (list of licenses and certificates). HOWEVER, I	186
AM PROVIDING MY SERVICES TO YOU AS A COMPLEMENTARY OR ALTERNATIVE	187
HEALTH CARE PRACTITIONER AND I AM NOT PROVIDING SERVICES AS A	188
LICENSED HEALTH CARE PROFESSIONAL. THE STATE HAS NOT ADOPTED ANY	189
EDUCATION OR TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR	190
ALTERNATIVE HEALTH CARE PRACTITIONERS."	191

(5) A statement that describes the following:

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(a) Any agreement or other arrangement between the	193
practitioner and another complementary or alternative health care	194
practitioner or between the practitioner and a licensed health	195
care professional whereby that practitioner derives a financial or	196
other benefit;	197

(b) The nature of any benefit resulting from an agreement or	198
arrangement described in division (A)(5)(a) of this section.	199

(B) After providing the written document required by division	200
(A) of this section to an individual who is to receive	201
complementary or alternative health care services, the	202
complementary or alternative health care practitioner shall do all	203
of the following:	204

(1) Obtain from the individual a written acknowledgment that	205
the individual has been provided a document disclosing all the	206
information required to be disclosed pursuant to division (A) of	207
this section;	208

(2) Provide the individual with a copy of the acknowledgment	209
described in division (B)(1) of this section;	210

(3) Maintain the acknowledgment described in division (B)(1)	211
of this section for at least two years after the date that the	212
individual receives services from the practitioner for the final	213
time.	214

Sec. 4783.04. (A) Notwithstanding any provision of the	215
Revised Code to the contrary, including, but not limited to, any	216
provision of Chapter 4715., 4723., 4725., 4729., 4730., 4731.,	217
4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code, a	218
complementary or alternative health care practitioner is not	219
considered to have violated a provision of this chapter or Chapter	220
4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755.,	221
4759., 4762., or 4779. of the Revised Code unless the practitioner	222
commits an act described in section 4783.02 of the Revised Code or	223
fails to comply with section 4783.03 of the Revised Code.	224

(B) An executive agency that receives a complaint against a	225
practitioner shall do both of the following:	226

(1) If it determines that the subject matter of the complaint	227
falls under the jurisdiction of another executive agency, refer	228
the complaint to the appropriate executive agency.	229

(2) If it determines that the subject matter of the complaint	230
falls under its jurisdiction, conduct a preliminary investigation	231
of the complaint to determine whether the practitioner who is the	232
subject of the complaint violated section 4783.02 of the Revised	233
Code or failed to comply with section 4783.03 of the Revised Code.	234

(C) If the preliminary investigation conducted pursuant to	235
division (B) of this section does not reveal that a violation or	236
failure to comply occurred, the executive agency shall not pursue	237
the matter further.	238

(D) If the preliminary investigation conducted pursuant to	239
division (B) of this section regarding an alleged failure of a	240
practitioner to comply with section 4783.03 of the Revised Code	241
reveals that the practitioner has failed to comply with that	242
section, the executive agency shall notify the practitioner of its	243
finding and request that the practitioner comply with the	244
requirements specified in that section.	245

(E) If the preliminary investigation conducted pursuant to	246
division (B) of this section regarding an alleged violation of	247
section 4783.02 of the Revised Code by a practitioner reveals that	248
the practitioner has engaged in an activity specified in that	249
section, or if a practitioner fails to comply with a request made	250
under division (D) of this section, the executive agency shall	251
address the matter in the same manner it addresses a matter	252
involving an individual who engages in an activity for which the	253
individual must have a license or certificate, including referring	254
the matter to the appropriate prosecutorial authority.	255

Sec. 4783.05. Nothing in this chapter modifies or changes the	256
scope of practice of any licensee or certificate holder under	257
Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734.,	258
4755., 4759., 4762., or 4779. of the Revised Code, nor does it	259
alter in any way the provisions of those chapters that prohibit	260
fraud and the exploitation of patients and that require licensees	261
and certificate holders to practice within their respective	262
standards of care.	263

This chapter does not apply to an individual who is exempt	264
from the requirement to obtain a license or certificate pursuant	265
to Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734.,	266
4755., 4759., 4762., or 4779. of the Revised Code and by that	267
exemption is permitted to engage in the activities in which the	268
individual wishes to engage.	269

This chapter does not apply to an individual authorized to	270
practice medicine and surgery or osteopathic medicine and surgery	271
under Chapter 4731. of the Revised Code who is engaging in	272
activities specified in section 4731.227 of the Revised Code in	273
accordance with that section.	274

This chapter does not apply to the delivery of babies or	275
performance of post-delivery repairs.	276

Section 2.  That existing section 4759.02 of the Revised Code	277
is hereby repealed.	278