4731.36.
Exceptions
| (A) |
Sections 4731.01 to
4731.47 of the Revised Code
shall not prohibit service in case of emergency, domestic administration of
family remedies, or provision of assistance to another individual who is
self-administering drugs.
Sections
4731.01 to
4731.47 of the Revised Code
shall not apply to any of the following:
| (1) |
A commissioned medical officer of the armed forces of the United States or an
employee of the veterans administration of the United States or the United
States public health service in the discharge of the officer's or employee's
professional duties; |
| (2) |
A dentist authorized under Chapter 4715. of the Revised Code to practice
dentistry when engaged exclusively in the practice of dentistry or when
administering anesthetics in the practice of dentistry; |
| (3) |
A physician or surgeon in another state or territory who is a legal
practitioner of medicine or surgery therein when providing consultation to an
individual holding a license to practice issued under this chapter who
is responsible for the examination, diagnosis, and treatment of the patient who
is the subject of the consultation, if one of the following applies:
| (a) |
The physician or surgeon does not provide consultation in this state on a
regular or frequent basis. |
| (b) |
The physician or surgeon provides the consultation without compensation of any
kind, direct or indirect, for the consultation. |
| (c) |
The consultation is part of the curriculum of a medical school or osteopathic
medical school of this state or a program described in division (A)(2) of
section 4731.291 of the Revised
Code. |
|
| (4) |
A
physician or surgeon in another state or territory who is a legal practitioner
of medicine or surgery therein and provided services to a patient in that state
or territory, when providing, not later than one year after the last date
services were provided in another state or territory, follow-up services in
person or through the use of any communication, including oral, written, or
electronic communication, in this state to the patient for the same
condition; |
| (5) |
A
physician or surgeon residing on the border of a contiguous state and
authorized under the laws thereof to practice medicine and surgery therein,
whose practice extends within the limits of this state. Such practitioner shall
not either in person or through the use of any communication, including oral,
written, or electronic communication, open an office or appoint a place to see
patients or receive calls within the limits of this state. |
| (6) |
A board, committee, or corporation engaged in the conduct described in division
(A) of section 2305.251 of the Revised Code
when acting within the scope of the functions of the board, committee, or
corporation; |
| (7) |
The
conduct of an independent review organization accredited by the superintendent
of insurance under section
3922.13 of the Revised Code for
the purpose of external reviews conducted under Chapter 3922. of the Revised
Code.
As used in division
(A)(1) of this section, "armed forces of the United States" means the army, air
force, navy, marine corps, coast guard, and any other military service branch
that is designated by congress as a part of the armed forces of the United
States.
|
|
| (B) |
| (1) |
Subject to division (B)(2) of this section, this chapter does not apply to a
person who holds a current, unrestricted license to practice medicine and
surgery or osteopathic medicine and surgery in another state when the person,
pursuant to a written agreement with an athletic team located in the state in
which the person holds the license, provides medical services to any of the
following while the team is traveling to or from or participating in a sporting
event in this state:
| (a) |
A member
of the athletic team; |
| (b) |
A member of the athletic team's coaching, communications, equipment, or sports
medicine staff; |
| (c) |
A member
of a band or cheerleading squad accompanying the athletic team; |
| (d) |
The athletic team's mascot. |
|
| (2) |
In providing medical services pursuant to division (B)(1) of this section, the
person shall not provide medical services at a health care facility, including
a hospital, an ambulatory surgical facility, or any other facility in which
medical care, diagnosis, or treatment is provided on an inpatient or outpatient
basis. |
|
| (C) |
Sections
4731.51 to
4731.61 of the Revised Code do
not apply to any graduate of a podiatric school or college while performing
those acts that may be prescribed by or incidental to participation in an
accredited podiatric internship, residency, or fellowship program situated in
this state approved by the state medical board. |
| (D) |
This chapter does not apply to an oriental medicine practitioner or
acupuncturist who complies with Chapter 4762. of the Revised Code. |
| (E) |
This chapter does not prohibit the administration of drugs by any of the
following:
| (1) |
An
individual who is licensed or otherwise specifically authorized by the Revised
Code to administer drugs; |
| (2) |
An individual who is not licensed or otherwise specifically authorized by the
Revised Code to administer drugs, but is acting pursuant to the rules for
delegation of medical tasks adopted under section
4731.053 of the Revised
Code; |
| (3) |
An
individual specifically authorized to administer drugs pursuant to a rule
adopted under the Revised Code that is in effect on April 10, 2001, as long as
the rule remains in effect, specifically authorizing an individual to
administer drugs. |
|
| (F) |
The exemptions described in divisions (A)(3), (4), and (5) of this section do
not apply to a physician or surgeon whose license
to practice issued under this chapter is under suspension or has been revoked
or permanently revoked by action of the state medical board. |
Cite as (Casemaker) R.C. § 4731.36
History. Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
130th General Assembly File No. TBD, HB 488, §1,
eff. 9/16/2014.
Amended by
129th General AssemblyFile No.196, SB 141,
§1, eff.
3/27/2013.
Amended by
129th General AssemblyFile No.171, HB 251,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.48, HB 218,
§1, eff.
12/26/2011.
Effective Date: 04-09-2003
.