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CSI Referrals

In 2015, the United States Supreme Court ruled that the North Carolina State Board of Dental Examiners (NC Board), which was made up primarily of dentists, was subject to federal antitrust law when the NC Board excluded non-dentists from the teeth whitening business. The Court determined that the NC Board was not adequately subject to "active supervision" by the state for its actions which were subject to state or federal antitrust law.

As a result of the Supreme Court decision, the Ohio General Assembly enacted ORC 107.56. This new section of code provides a mechanism through which boards or commissions, or someone affected by an action by a board or commission, may refer to the CSI Office the action that may be subject to state or federal antitrust law. The CSI Office, after review of the matter, will approve or disapprove the action.

Active Referrals

State Medical Board

Case Number: 18 04 SR
Referral Topic: Proposed light based medical procedures rules
Date Referred to CSI Referral: 6/15/2018
Referral for 18 04 SR  
Referral Response for 18 04 SR: N/A

Determinations

State Medical Board of Ohio

Case Number: 18 01 R
Referral Topic: Dietetics Advisory Council Rules
Date Referred to CSI Referral: 2/1/2018
Referral for 18 01 R  
Referral Response for 18 01 R  
CSI Determination for 18 01 R  


Case Number: 18 03 R
Referral Topic: Medical Board arbitrarily limits massage therapists working with chiropractic physicians
Date Referred to CSI Referral: 4/6/2018
Referral for 18 03 R  
Referral Response for 18 03 R  

CSI Determination for 18 03 


Case Number: 18 05 R
Referral Topic: Dietetics Advisory Council Rules
Date Referred to CSI Referral: 8/16/2018
Referral for 18 05 R  
Referral Response for 18 05 R  
CSI Determination for 18 05 R


State Cosmetology and Barber Board

Case Number: 18 07 SR
Referral Topic: Unlicensed Home Salons and Barber Shops
Date Referred to CSI Referral: 10/4/2018
Referral for 18 07 SR  
Referral Response for 18 07 SR: N/A
CSI Determination for 18 07 SR  


Case Number: 18 08 SR
Referral Topic: Unlicensed Salons (COS)
Date Referred to CSI Referral: 10/4/2018
Referral for 18 08 SR  
Referral Response for 18 08 SR: N/A
CSI Determination for 18 08 SR  


Case Number: 18 09 SR
Referral Topic: Unlicensed Tanning Facilities (COS)
Date Referred to CSI Referral: 10/4/2018
Referral for 18 09 SR  
Referral Response for 18 09 SR: N/A
CSI Determination for 18 09 SR  


Case Number: 18 10 SR
Referral Topic: Unlicensed Individuals (COS)
Date Referred to CSI Referral: 10/4/2018
Referral for 18 10 SR  
Referral Response for 18 10 SR: N/A
CSI Determination for 18 10 SR  


Case Number: 18 11 SR
Referral Topic: Unlicensed Individuals (BBR)
Date Referred to CSI Referral: 10/4/2018
Referral for 18 11 SR  
Referral Response for 18 11 SR: N/A
CSI Determination for 18 11 SR  


Case Number: 18 12 SR
Referral Topic: Unlicensed Shops (BBR)
Date Referred to CSI Referral: 10/4/2018
Referral for 18 12 SR  
Referral Response for 18 12 SR: N/A
CSI Determination for 18 12 SR  


State Dental Board 

Case Number: 18 13 SR
Referral Topic: Specialty recognition and advertising rules
Date Referred to CSI Referral: 10/4/2018
Referral for 18 13 SR  
Referral Response for 18 13 SR: N/A

CSI Determination for 18 13 SR

Referral Analysis Forms

Boards and Commissions

Persons Affected by Board or Commission Action

FAQs

Who can refer an action or proposed action to the Common Sense Initiative (CSI)?

Any state board or commission that licenses or otherwise regulates an occupation or industry to which one or more members of the body belongs, or a person who is affected by an action or proposed action of such a state board or commission.

What can be reviewed by CSI?

As described in Ohio Revised Code (ORC) section 107.56, any action or proposed action that has any of the following effects:

  • Fixing prices, limiting price competition, or increasing prices in this state for the goods or services that are provided by the occupation or industry regulated by the board or commission;
  • Dividing, allocating, or assigning customers, potential customers, or geographic markets in this state among members of the occupation or industry regulated by the board or commission;
  • Excluding present or potential competitors from the occupation or industry regulated by the board or commission;
  • Limiting the output or supply in this state of any good or service provided by the members of the occupation or industry regulated by the board or commission; and
  • Any other activity that could be subject to state or federal antitrust law if the action were undertaken by a private person.

What cannot be reviewed by CSI?

Denial of license applications or taking disciplinary actions because of an applicant’s or licensee’s lack of compliance with or violation of state law

How do I initiate a referral?

Gather all the facts and pertinent documentation and provide the information requested on the appropriate Referral Analysis form. There is a Referral Analysis form specific to boards and commissions and a form specific to persons affected by board or commissions’ actions. Send the completed Referral Analysis form and any relevant documentation to the CSI Office at CSIReferrals@governor.ohio.gov. If you are an individual submitting a referral, you must first send a copy of the information to the subject board or commission, and then send your referral to CSI along with evidence that you also notified the board or commission. The CSI email address is CSIReferrals@governor.ohio.gov.

Are there any timing limitations?

Yes. If you are an individual making a referral to CSI, you must do so within 30 days after receiving notice of the action or proposed action by a state board or commission.

What does CSI determine in its review?

CSI determines whether the referred action is supported by, and consistent with, a clearly articulated state policy as expressed in statute or rule. If such a clearly articulated state policy supports the action or proposed action, CSI then must determine whether that state policy is merely a pretext that enables the board or commission to regulate in a way that leads to anticompetitive conduct that could be subject to state or federal antitrust law.

What does CSI determine about the referral?

CSI will either approve the action or proposed action and the board or commission may proceed, or it will disapprove the action which will then render the action void.

How will I know when CSI has made a decision on the referral?

The CSI Office will post the Referral Analysis and the Memorandum of Decision on its web site. Further, anyone may inquire about a particular referral by contacting the CSI Office.

How does the CSI review impact legal action?

A person having standing to commence and prosecute a state or federal antitrust action against a board or commission shall exhaust the remedies provided by this section before commencing such an action. This requirement does not apply to the attorney general, a county prosecuting attorney, or any assistant prosecutor designated to assist a county prosecuting attorney.

What statute and rules apply to referrals?

Ohio Revised Code 107.56 defines the actions reviewed by CSI and pending Ohio Administrative Code (OAC) 107-3  defines the scope, purpose and procedures for referrals.