4762.10 Supervision by physician - patient duties.
4762.10 Supervision by physician - patient duties.
(A) As used in this section, “disciplinary action” means an action taken by the state medical board pursuant to section 4762.13 of the Revised Code.
(B) The practice of an acupuncturist is subject to a supervisory period if either of the following applies:
(1) Except as otherwise provided in division (B)(1) of this section, if an acupuncturist practicing on the effective date of this amendment has practiced for less than one year and is not subject to any disciplinary action, supervision shall be for a period beginning on the effective date of this amendment and ending when the acupuncturist has practiced for one year from the date the initial certificate was granted. If the acupuncturist is subject to disciplinary action during that period, the supervision shall continue until the acupuncturist has not been subject to any disciplinary action for one year.
(2) Except as otherwise provided in division (B)(2) of this section, if an acupuncturist is granted an initial certificate to practice on or after the effective date of this amendment, the supervisory period shall begin on the date the certificate is granted and end one year thereafter. If the acupuncturist is subject to disciplinary action during that year, the supervision shall continue until the acupuncturist has not been subject to any disciplinary action for one year.
(C) During an acupuncturist’s supervisory period, both of the following apply to the acupuncturist’s practice in addition to the requirements of division (E) of this section:
(1) The acupuncturist shall perform acupuncture for a patient only if the patient has received a written referral or prescription for acupuncture from a physician or chiropractor. As specified in the referral or prescription, the acupuncturist shall provide reports to the physician or chiropractor on the patient’s condition or progress in treatment and comply with the conditions or restrictions on the acupuncturist’s course of treatment.
(2) The acupuncturist shall perform acupuncture under the general supervision of the patient’s referring or prescribing physician or chiropractor. General supervision does not require that the acupuncturist and physician or chiropractor practice in the same office.
(D) After an acupuncturist’s supervisory period has ended, both of the following apply to the acupuncturist’s practice in addition to the applicable requirements of division (E) of this section:
(1) Before treating a patient for a particular condition, the acupuncturist shall confirm whether the patient has undergone within the past six months a diagnostic examination that was related to the condition for which the patient is seeking acupuncture and was performed by a physician or chiropractor acting within the physician or chiropractor’s scope of practice. Confirmation that the diagnostic examination was performed may be made by obtaining from the patient a signed form stating that the patient has undergone the examination.
(2) If the patient does not provide the signed form specified in division (D)(1) of this section or the acupuncturist otherwise determines that the patient has not undergone the diagnostic examination specified in that division, the acupuncturist shall provide to the patient a written recommendation to undergo a diagnostic examination by a physician or chiropractor.
(E) In the practice of acupuncture pursuant to a certificate to practice issued under this chapter, all of the following apply:
(1) Prior to treating a patient, the acupuncturist shall advise the patient that acupuncture is not a substitute for conventional medical diagnosis and treatment.
(2) On initially meeting a patient in person, the acupuncturist shall provide in writing the acupuncturist’s name, business address, and business telephone number, and information on acupuncture, including the techniques that are used.
(3) While treating a patient, the acupuncturist shall not make a diagnosis. If a patient’s condition is not improving or a patient requires emergency medical treatment, the acupuncturist shall consult promptly with a physician.
(4) The acupuncturist shall maintain records for each patient treated. The records shall be confidential and shall be retained for not less than three years following termination of treatment. During an acupuncturist’s supervisory period, the acupuncturist shall include in a patient’s records the written referral or prescription pursuant to which the acupuncturist is treating the patient.
Effective Date: 08-10-2000; 2007 SB33 08-22-2007; 2008 SB245 08-22-2008