(a) Upon the issuance of a certificate of fitness by the board and the issuance of a license and a certificate of registration by the division as provided in chapter 1 of this title, the person receiving the same shall be entitled to practice in any county of this state osteopathic medicine, which is defined as a separate, complete and independent school of medicine and surgery utilizing full methods of diagnosis and treatment of physical and mental health and disease, including the prescription and administration of drugs, medicines and biologicals, operative surgery, obstetrics and radiological and other electromagnetic emissions, which places special emphasis on the interrelationship of the musculoskeletal system to other body systems as taught and practiced by recognized associated colleges of osteopathic medicine. The practice of osteopathic medicine also includes determining, using clinical judgment, whether a treatment or procedure is clinically appropriate for the symptoms and diagnosis of another person's medical condition. This subsection (a) does not create a private right of action. This subsection (a) does not apply to a nonclinical ministerial or administrative task related to a determination of clinical appropriateness or to a decision made by a state employee acting in an official capacity during a contested case procedure conducted pursuant to title 4, chapter 5, part 3.
(b) (1) The provisions of chapter 6, part 6 of this title relative to cross-referral arrangements and physician ownership and investment interests in and referrals to a health care entity shall apply to any person practicing osteopathic medicine in this state.(2) Any osteopathic physician who makes or causes to be made a referral prohibited pursuant to subdivision (b)(1) is in violation of this chapter as of the dates specified in chapter 6, part 6 of this title. Willful violations of subdivision (b)(1) are considered unprofessional conduct, subject to licensure sanctions by the board of osteopathic examination, including suspension, revocation or other restriction deemed appropriate by the board. In addition, the board is authorized to impose civil penalties of an amount up to five thousand dollars ($5,000) for each prohibited referral.
(1) The provisions of chapter 6, part 6 of this title relative to cross-referral arrangements and physician ownership and investment interests in and referrals to a health care entity shall apply to any person practicing osteopathic medicine in this state.
(2) Any osteopathic physician who makes or causes to be made a referral prohibited pursuant to subdivision (b)(1) is in violation of this chapter as of the dates specified in chapter 6, part 6 of this title. Willful violations of subdivision (b)(1) are considered unprofessional conduct, subject to licensure sanctions by the board of osteopathic examination, including suspension, revocation or other restriction deemed appropriate by the board. In addition, the board is authorized to impose civil penalties of an amount up to five thousand dollars ($5,000) for each prohibited referral.
(c) When medical training and specialty board certification are considerations in the credentialing of osteopathic physicians, no state board, commission or department, created or existing, or hospital, health care facility, medical staff, professional service corporation or professional limited liability corporation, health maintenance organization, preferred provider organization, independent practice association, managed care organization, health plan or any other insurance provider shall discriminate, on the basis of education, against eligible osteopathic physicians who have:(1) Graduated from medical school and postdoctoral programs approved by either the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or(2) Been awarded board eligibility or board certification by specialty boards recognized by either the American Osteopathic Association or the American Board of Medical Specialties.
(1) Graduated from medical school and postdoctoral programs approved by either the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or
(2) Been awarded board eligibility or board certification by specialty boards recognized by either the American Osteopathic Association or the American Board of Medical Specialties.