Ohio Rev. Code » Chapter 4731
Ohio Revised Code

Ohio Rev. Code § 4731.341 (2026)

Injunctions

✓ current as of May 2026
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Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
PDF:
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(A) The practice of medicine in all of its branches or the treatment of human ailments without the use of drugs or medicines and without operative surgery by any person not at that time holding a valid and current license or certificate as provided by Chapter 4723., 4725., or 4731. of the Revised Code is hereby declared to be inimical to the public welfare and to constitute a public nuisance.

(B) The attorney general, the prosecuting attorney of any county in which the offense was committed or the offender resides, the state medical board, or any other person having knowledge of a person who either directly or by complicity is in violation of division (A) of this section, may on or after January 1, 1969, in accord with provisions of the Revised Code governing injunctions, maintain an action in the name of the state to enjoin any person from engaging either directly or by complicity in the unlawful activity by applying for an injunction in the Franklin county court of common pleas or any other court of competent jurisdiction.

Prior to application for such injunction, the secretary of the state medical board shall notify the person allegedly engaged either directly or by complicity in the unlawful activity by registered mail that the secretary has received information indicating that this person is so engaged. Said person shall answer the secretary within thirty days showing either that the person is properly licensed or certified for the stated activity or that the person is not in violation of Chapter 4723. or 4731. of the Revised Code. If the answer is not forthcoming within thirty days after notice by the secretary, the secretary shall request that the attorney general, the prosecuting attorney of the county in which the offense was committed or the offender resides, or the state medical board proceed as authorized in this section.

Upon the filing of a verified petition in court, the court shall conduct a hearing on the petition and shall give the same preference to this proceeding as is given all proceedings under Chapter 119. of the Revised Code, irrespective of the position of the proceeding on the calendar of the court.

Such injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in Chapters 4723. and 4731. of the Revised Code.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1983–2024 · leading case: 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).
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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). · cites it 21× “41; and injunctive relief pursuant to R.C. 4731.341. Added to the pleading following the prayer for relief, Right to Life included this paragraph: Declaratory Relief Should this Court determine extraordinary Injunctive Relief is not in order, Plaintiffs petition the Court to…”
State Med. Bd. v. Mt. Sinai Hosp., 456 N.E.2d 577 (Ohio Ct. App. 1983). · cites it 16× “The court below dismissed this complaint for failure to comply with the administrative procedure pursuant to R.C. 4731.341 which provides for enjoining the unlawful practice of medicine.”
State ex rel. Right to Life Action Coalition of Ohio v. Capital Care of Toledo, L.L.C., 2024 Ohio 609 (Ohio Ct. App. 2024). · cites it 18× “The Trial Court ignored the plain language of the enabling statute {R.C. 4731.341} regarding Plaintiff’s/Appellant’s KNOWLEDGE of the then Existing Activity as the key elements necessary for JURISDICTION.”
State Ex Rel. Lakeland Anesthesia Grp., Inc. v. Ohio State Med. Bd., 600 N.E.2d 270 (Ohio Ct. App. 1991). “60, which prohibit anyone who is not licensed by the board from practicing medicine, osteopathic medicine, or podiatrist medicine, respectively.”
Ohio Rev. Code § 4731.341(A): 1 case
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). “41; and injunctive relief pursuant to R.C. 4731.341. Added to the pleading following the prayer for relief, Right to Life included this paragraph: Declaratory Relief Should this Court determine extraordinary Injunctive Relief is not in order, Plaintiffs petition the Court to…”
Ohio Rev. Code § 4731.341(B): 2 cases
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). “41; and injunctive relief pursuant to R.C. 4731.341. Added to the pleading following the prayer for relief, Right to Life included this paragraph: Declaratory Relief Should this Court determine extraordinary Injunctive Relief is not in order, Plaintiffs petition the Court to…”
State ex rel. Right to Life Action Coalition of Ohio v. Capital Care of Toledo, L.L.C., 2024 Ohio 609 (Ohio Ct. App. 2024). “The Trial Court ignored the plain language of the enabling statute {R.C. 4731.341} regarding Plaintiff’s/Appellant’s KNOWLEDGE of the then Existing Activity as the key elements necessary for JURISDICTION.”
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