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Ohio Revised Code

Ohio Rev. Code § 4731.34 (2026)

Unauthorized practice

✓ current as of May 2026
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Effective:
April 10, 2001
Latest Legislation:
House Bill 585 - 123rd General Assembly
PDF:
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(A) A person shall be regarded as practicing medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, within the meaning ofthis chapter, who does any of the following:

(1) Uses the words or letters, "Dr.," "Doctor," "M.D.," physician," "D.O.," "D.P.M.," or any other title in connection with the person's name in any way that represents the person as engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches;

(2) Advertises, solicits, or represents in any way that the person is practicing medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches;

(3) In person or, regardless of the person's location, through the use of any communication, including oral, written, or electronic communication, does any of the following:

(a) Examines or diagnoses for compensation of any kind, direct or indirect;

(b) Prescribes, advises, recommends, administers, or dispenses for compensation of any kind, direct or indirect, a drug or medicine, appliance, mold or cast, application, operation, or treatment, of whatever nature, for the cure or relief of a wound, fracture or bodily injury, infirmity, or disease.

(B) The treatment of human ills through prayer alone by a practitioner of the Christian Science church, in accordance with the tenets and creed of such church, shall not be regarded as the practice of medicine, provided that sanitary and public health laws shall be complied with, no practices shall be used that may be dangerous or detrimental to life or health, and no person shall be denied the benefits of accepted medical and surgical practices.

(C) The use of words, letters, or titles in any connection or under any circumstances as to induce the belief that the person who uses them is engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches, is prima-facie evidence of the intent of such person to represent the person as engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1956–2022 · leading case: State v. Annable, 2011 Ohio 2029 (Ohio Ct. App. 2011).
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State v. Annable, 2011 Ohio 2029 (Ohio Ct. App. 2011). · cites it 8× “The crime of practicing medicine without a license is set forth under R.C. 4731.41; R.C. 4731.”
Wilson v. Marino, 843 N.E.2d 849 (Ohio Ct. App. 2005). · cites it 4× “” R.C. 4731.34; State v. Crock (June 28, 2000), 7th Dist.”
Berdyck v. Shinde, 613 N.E.2d 1014 (Ohio 1993). “The most frequently applied example of persons of superior knowledge and skill who are held to a standard of good practice is that of physicians. The practice of medicine, which includes the diagnosis of an adverse health condition and the prescription of a course of treatment…”
Berdyck v. Shinde, 1993 Ohio 183 (Ohio 1993). “The practice of medicine, which includes the diagnosis of an adverse health condition and the prescription of a course of treatment for its management and care, is limited by law to licensed physicians.”
Rush v. Akron Gen. Hosp., 171 N.E.2d 378 (Ohio Ct. App. 1957). “The trial court erred in refusing to charge the jury that violation of §§4731.34 and 4731.41 R. C., constituted negligence per se.”
State v. Brien, 139 N.E.2d 640 (Ohio Ct. App. 1956). · cites it 6× “’ ’ Section 4731.34, Revised Code, provides: “A person shall be regarded as practicing medicine, surgery, or midwifery, within the meaning of Sections 4731.”
State ex rel. Right to Life Action Coalition of Ohio v. Capital Care of Toledo, L.L.C., 2022 Ohio 3266 (Ohio Ct. App. 2022). “The complaint articulated claims for unauthorized practice of medicine in violation of R.C. 4731.34; practicing medicine without a license in violation of R.”
Matthews v. Walker, 296 N.E.2d 569 (Ohio Ct. App. 1973). · cites it 2× “Such limited branch *134 es of medicine or surgery shall include chiropractic, napra-pathy, spondylotherapy, mechanotherapy, neuropathy, elec-trotherapy, hydrotherapy, suggestivetherapy, psychotherapy, magnetic healing, chiropody, Swedish movements, massage, and such other…”
City of Cincinnati v. Vilardo, 214 N.E.2d 683 (Ohio Ct. App. 1965). · cites it 4× “The above statute in its pertinent portion provides that “no person shall practice medicine or surgery, or any of its branches without a certificate from the state medical board * * The practice of medicine, surgery or midwifery is defined in Section 4731.34 of the Bevised Code.…”
Alloush v. Physician Cardiovascular Venture, L.L.C., 2013 Ohio 2400 (Ohio Ct. App. 2013). “” See R.C. 4731.34(A)(3)(a) and (b) (“[a] person shall be regarded as practicing medicine * * * who * * * [e]xamines or diagnoses for compensation of any kind” and/or “[p]rescribes * * * for compensation of any kind, direct or indirect, a drug or medicine”).”
State v. Baylor, 439 N.E.2d 461 (Ohio Ct. App. 1981). · cites it 6× “) Those acts which are specifically to be considered as the practice of medicine are defined separately in R.C. 4731.34. They include the use of any title in connection with a person’s name which represents that person to be in the practice of medicine or the treatment or…”
Barry v. State Med. Bd., 6 Ohio App. Unrep. 293 (Ohio Ct. App. 1990). · cites it 6× “THE COURT OF COMMON PLEAS ERRED IN INTERPRETING R.C. 4731.34 CONCERNING THE DEFINITION OF THE PRACTICE OF MEDICINE.”
Show all 13 citing cases →
— Ohio Rev. Code § 4731.34(A)(3)(a) — 1 case
Alloush v. Physician Cardiovascular Venture, L.L.C., 2013 Ohio 2400 (Ohio Ct. App. 2013). “” See R.C. 4731.34(A)(3)(a) and (b) (“[a] person shall be regarded as practicing medicine * * * who * * * [e]xamines or diagnoses for compensation of any kind” and/or “[p]rescribes * * * for compensation of any kind, direct or indirect, a drug or medicine”).”
— Ohio Rev. Code § 4731.34(A)(3)(b) — 1 case
Wilson v. Marino, 843 N.E.2d 849 (Ohio Ct. App. 2005). “” R.C. 4731.34; State v. Crock (June 28, 2000), 7th Dist.”
— Ohio Rev. Code § 4731.34(B) — 1 case
State v. Annable, 2011 Ohio 2029 (Ohio Ct. App. 2011). “The crime of practicing medicine without a license is set forth under R.C. 4731.41; R.C. 4731.”
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