130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

H. B. No. 259  As Passed by the House
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 



A BILL
To amend section 4759.02 and to enact sections 4783.01 to 4783.05 of the Revised Code regarding the provision of complementary or alternative health services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4759.02 be amended and sections 4783.01, 4783.02, 4783.03, 4783.04, and 4783.05 of the Revised Code be enacted to read as follows:
Sec. 4759.02.  (A) Except as otherwise provided in this section or in section 4759.10 of the Revised Code, no person shall practice, offer to practice, or hold himself the person's self forth to practice dietetics unless he the person has been licensed under section 4759.06 of the Revised Code.
(B) Except for a licensed dietitian holding an inactive license who does not practice or offer to practice dietetics, or a person licensed under section 4759.06 of the Revised Code, or as otherwise provided in this section or in section 4759.10 of the Revised Code:
(1) No, no person shall use the title "dietitian"; and
(2) No person except for a person licensed under Chapters 4701. to 4755. of the Revised Code, when acting within the scope of their practice, shall use any other title, designation, words, letters, abbreviation, or insignia or combination of any title, designation, words, letters, abbreviation, or insignia tending to indicate that the person is practicing dietetics."
(C) Notwithstanding division (B) of this section, a person who is a dietitian registered by the commission on dietetic registration and who does not violate division (A) of this section may use the designation "registered dietitian" and the abbreviation "R.D."
(D) Division (A) of this section does not apply to:
(1) A student enrolled in an academic program that is in compliance with division (A)(5) of section 4759.06 of the Revised Code who is engaging in the practice of dietetics under the supervision of a dietitian licensed under section 4759.06 of the Revised Code or a dietitian registered by the commission on dietetic registration, as part of the academic program;
(2) A person participating in the pre-professional experience required by division (A)(6) of section 4759.06 of the Revised Code;
(3) A person holding a limited permit under division (F) of section 4759.06 of the Revised Code.
(E) Divisions (A) and (B) of this section do not apply to a person who performs no more than fifteen days of dietetic practice in the state and who meets at least one of the following requirements:
(1) The Ohio board of dietetics determines that he the person is licensed in another state with licensure requirements equivalent to or more stringent than those set forth in this chapter;
(2) He The person is a dietitian registered by the commission on dietetic registration and resides in another state that either has no dietitian licensure requirements or has licensure requirements less stringent than those set forth in this chapter.
Sec. 4783.01.  As used in this chapter:
(A) "Bodywork" means any of the following:
(1) The practice of manually massaging only the hands, feet, or ears;
(2) Reflexology;
(3) Cranial sacral therapy;
(4) Ortho-bionomy;
(5) The use of touch, words, or directed movement to deepen awareness of existing patterns of body movement, or to suggest new possibilities of movement, including the Feldenkrais method of somatic education, the Rolf institute's Rolf movement integration, and the Trager approach;
(6) The use of touch to affect the body's energy systems, acupoints, or qi meridians, including Asian bodywork therapy, acupressure, jin shin do, reiki, qigong, shiatsu, touch for health, and tui na.
(B) "Complementary or alternative health care practitioner" means an individual who provides complementary or alternative health care services to a client and who is either of the following:
(1) An individual who is not a licensed health care professional;
(2) An individual who is a licensed health care professional but does not hold the individual's self out as a licensed health care professional when providing the services.
(C) "Complementary or alternative health care services" means the broad domain of health care and healing practices that may or may not be provided in addition to or in place of prevailing or conventional treatment options, as long as those health care and healing practices do not include any of the activities prohibited under section 4783.02 of the Revised Code. "Complementary or alternative health care services" includes, but is not limited to, all of the following:
(1) Anthroposophy;
(2) Aromatherapy;
(3) Ayurveda;
(4) Culturally traditional healing practices and healing traditions, including such practices and traditions that employ the use of plant medicines and foods, prayer, ceremony, or song;
(5) Detoxification practices and therapies;
(6) Energetic healing;
(7) Folk practices;
(8) Gerson therapy;
(9) Colostrum therapy;
(10) Healing practices utilizing food, dietary supplements, nutrients, and the physical forces of heat, cold, water, touch, and light;
(11) Healing touch;
(12) Herbology or herbalism;
(13) Homeopathy;
(14) Meditation;
(15) Mind-body healing practices;
(16) Naturopathy;
(17) Iridology;
(18) Noninvasive instrumentalities;
(19) Polarity, polarity therapy, or polarity bodywork therapy;
(20) Holistic kinesiology and other muscle testing techniques;
(21) Bodywork.
(D) "Dangerous drug," "drug," and "licensed health professional authorized to prescribe drugs" have the same meanings as in section 4729.01 of the Revised Code.
(E) "Licensed health care professional" means an individual who holds a current, valid license or certificate issued under Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code.
(F) "Executive agency" means a board, commission, agency, department, or similar entity that is part of the executive branch of state government.
Sec. 4783.02.  No complementary or alternative health care practitioner shall do any of the following:
(A) Perform surgery or any other procedure that punctures the skin;
(B) Perform any adjustment of the articulation of the joints or spine of any individual;
(C) Use or recommend any procedure involving ionizing radiation as defined in section 4773.01 of the Revised Code;
(D) Provide a medical diagnosis of a disease;
(E) Provide diagnosis or treatment of a physical or mental health condition of an individual if the diagnosis or treatment poses to that individual a recognizable and imminent risk of significant and discernible direct physical or mental harm;
(F) Recommend that an individual discontinue any of the following:
(1) Medical care;
(2) Medical treatment;
(3) Use of any dangerous drug, drug, or therapeutic device prescribed to the individual by a licensed health professional authorized to prescribe drugs.
(G) Administer or prescribe any dangerous drug;
(H) Hold out, state, indicate, advertise, or otherwise imply to any person that the practitioner is licensed by this state to practice as a licensed health care professional unless the practitioner is a licensed health care professional;
(I) Perform or provide enteral or parenteral nutrition;
(J) Promise a cure;
(K) Set a fracture of a bone;
(L) Perform bodywork or similar complementary or alternative health care services in a manner that would constitute the practice of massage therapy as regulated by the state medical board under section 4731.15 of the Revised Code;
(M) Provide or perform an abortion;
(N) Insert intrauterine devices;
(O) Provide complementary or alternative health care services to an individual who is less than eighteen years of age without the consent of the individual's parent or legal guardian, except when the individual who is less than eighteen years of age is emancipated.
Sec. 4783.03.  (A) Before providing complementary or alternative health care services to an individual for the first time, a complementary or alternative health care practitioner shall provide a plainly worded, written document to the recipient of the services that discloses all of the following information:
(1) The nature of services to be provided;
(2) The degrees, training, experience, credentials, or other qualifications held by the practitioner with regard to the services to be provided;
(3) If the practitioner is not a licensed health care professional, a statement, printed clearly in not less than eleven-point font, that reads as follows:
"THE STATE OF OHIO HAS NOT ADOPTED ANY EDUCATIONAL OR TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR ALTERNATIVE HEALTH CARE PRACTITIONERS. UNDER OHIO LAW, AN UNLICENSED COMPLEMENTARY OR ALTERNATIVE HEALTH CARE PRACTITIONER MAY NOT PROVIDE A MEDICAL DIAGNOSIS OR RECOMMEND THAT A PERSON DISCONTINUE A MEDICALLY PRESCRIBED TREATMENT."
(4) If the practitioner is a licensed health care professional, a statement, printed clearly in not less than eleven-point font, that reads as follows:
"I HOLD THE FOLLOWING LICENSES AND CERTIFICATIONS ISSUED BY THE STATE OF OHIO: (list of licenses and certificates). HOWEVER, I AM PROVIDING MY SERVICES TO YOU AS A COMPLEMENTARY OR ALTERNATIVE HEALTH CARE PRACTITIONER AND I AM NOT PROVIDING SERVICES AS A LICENSED HEALTH CARE PROFESSIONAL. THE STATE HAS NOT ADOPTED ANY EDUCATION OR TRAINING REQUIREMENTS FOR UNLICENSED COMPLEMENTARY OR ALTERNATIVE HEALTH CARE PRACTITIONERS."
(5) A statement that describes the following:
(a) Any agreement or other arrangement between the practitioner and another complementary or alternative health care practitioner or between the practitioner and a licensed health care professional whereby that practitioner derives a financial or other benefit;
(b) The nature of any benefit resulting from an agreement or arrangement described in division (A)(5)(a) of this section.
(B) After providing the written document required by division (A) of this section to an individual who is to receive complementary or alternative health care services, the complementary or alternative health care practitioner shall do all of the following:
(1) Obtain from the individual a written acknowledgment that the individual has been provided a document disclosing all the information required to be disclosed pursuant to division (A) of this section;
(2) Provide the individual with a copy of the acknowledgment described in division (B)(1) of this section;
(3) Maintain the acknowledgment described in division (B)(1) of this section for at least two years after the date that the individual receives services from the practitioner for the final time.
Sec. 4783.04. (A) Notwithstanding any provision of the Revised Code to the contrary, including, but not limited to, any provision of Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code, a complementary or alternative health care practitioner is not considered to have violated a provision of this chapter or Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code unless the practitioner commits an act described in section 4783.02 of the Revised Code or fails to comply with section 4783.03 of the Revised Code.
(B) An executive agency that receives a complaint against a practitioner shall do both of the following:
(1) If it determines that the subject matter of the complaint falls under the jurisdiction of another executive agency, refer the complaint to the appropriate executive agency.
(2) If it determines that the subject matter of the complaint falls under its jurisdiction, conduct a preliminary investigation of the complaint to determine whether the practitioner who is the subject of the complaint violated section 4783.02 of the Revised Code or failed to comply with section 4783.03 of the Revised Code.
(C) If the preliminary investigation conducted pursuant to division (B) of this section does not reveal that a violation or failure to comply occurred, the executive agency shall not pursue the matter further.
(D) If the preliminary investigation conducted pursuant to division (B) of this section regarding an alleged failure of a practitioner to comply with section 4783.03 of the Revised Code reveals that the practitioner has failed to comply with that section, the executive agency shall notify the practitioner of its finding and request that the practitioner comply with the requirements specified in that section.
(E) If the preliminary investigation conducted pursuant to division (B) of this section regarding an alleged violation of section 4783.02 of the Revised Code by a practitioner reveals that the practitioner has engaged in an activity specified in that section, or if a practitioner fails to comply with a request made under division (D) of this section, the executive agency shall address the matter in the same manner it addresses a matter involving an individual who engages in an activity for which the individual must have a license or certificate, including referring the matter to the appropriate prosecutorial authority.
Sec. 4783.05. Nothing in this chapter modifies or changes the scope of practice of any licensee or certificate holder under Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code, nor does it alter in any way the provisions of those chapters that prohibit fraud and the exploitation of patients and that require licensees and certificate holders to practice within their respective standards of care.
This chapter does not apply to an individual who is exempt from the requirement to obtain a license or certificate pursuant to Chapter 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4734., 4755., 4759., 4762., or 4779. of the Revised Code and by that exemption is permitted to engage in the activities in which the individual wishes to engage.
This chapter does not apply to an individual authorized to practice medicine and surgery or osteopathic medicine and surgery under Chapter 4731. of the Revised Code who is engaging in activities specified in section 4731.227 of the Revised Code in accordance with that section.
This chapter does not apply to the delivery of babies or performance of post-delivery repairs.
Section 2.  That existing section 4759.02 of the Revised Code is hereby repealed.
Please send questions and comments to the Webmaster.
© 2014 Legislative Information Systems | Disclaimer
Index of Legislative Web Sites