Q:
May a licensed physician in
Ohio practice acupuncture and is the practice in any way restricted?
A:
Medical Doctors and Doctors of Osteopathic Medicine in Ohio are authorized
to use "alternative medical treatment" by section 4731.227 of the Revised
Code. That section of the code defines "alternative medical treatment" as
"care that is complementary to or different from conventional medical care
but is reasonable when the benefits and risks of the alternative medical
treatment and the conventional medical care are compared." There is no
explicit limitation on the use of any alternative modality by a licensed
physician, though a physician must continue to operate within the standard
of care as required in 4731.22(B)(6) of the Revised Code. Section
4731.227 of the Revised Code also contains explicit requirements for
informed consent regarding the use of alternative modalities. A physician
might also want to consider billing issues when using alternative
modalities as 5101:3-13-05 of the Ohio Administrative Code lists
acupuncture as a "noncovered service" for purposes of reimbursement in the
Medicaid system. Finally, while chapter 4762. of the Revised Code licenses
acupuncturists and limits the practice of acupuncture in Ohio to those who
hold an acupuncture license from the State Medical Board, section
4762.02(B) specifically exempts licensed physicians from that requirement.
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