As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 232

Representatives Sears, Milkovich 

Cosponsors: Representatives Gonzales, Hackett, Stebelton, Smith, Johnson, DeVitis, Letson, Stinziano, Wachtmann, Cera, Pelanda, Stautberg, Barnes, Bishoff, Brown, Amstutz, Anielski, Beck, Buchy, Burkley, Damschroder, Green, Grossman, Hagan, C., McClain, Sears, Slaby Speaker Batchelder 

Senators Brown, Burke, Eklund, Hite, LaRose, Lehner, Manning, Patton, Sawyer, Skindell, Smith, Tavares, Widener 

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A BILL

To amend sections 1701.03, 1705.03, 1705.04, 1705.53,

1

1785.01, 1785.02, 1785.03, 2152.72, 2305.234,

2

2305.51, 2317.02, 2921.22, 2925.01, 2951.041,

3

3107.014, 3701.046, 3701.74, 3709.161, 3721.21,

4

3923.28, 3923.281, 3923.282, 3923.29, 3923.30,

5

3963.01, 4723.16, 4725.33, 4729.161, 4731.226,

6

4731.65, 4732.28, 4734.17, 4734.41, 4755.471,

7

4757.01, 4757.02, 4757.03, 4757.04, 4757.10,

8

4757.11, 4757.16, 4757.21, 4757.22, 4757.23,

9

4757.26, 4757.27, 4757.28, 4757.29, 4757.30,

10

4757.31, 4757.33, 4757.34, 4757.36, 4757.38,

11

4757.41, 4757.43, 4758.40, 4758.41, 4758.55,

12

4758.561, 4758.59, 4758.61, 4769.01, 5101.61, and

13

5123.61; to enact sections 4755.111, 4757.13,

14

4757.321, and 4757.37; and to repeal section

15

4757.12 of the Revised Code to modify the laws

16

governing professional counselors, social workers,

17

and marriage and family therapists.

18

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1701.03, 1705.03, 1705.04, 1705.53,	19
1785.01, 1785.02, 1785.03, 2152.72, 2305.234, 2305.51, 2317.02,	20
2921.22, 2925.01, 2951.041, 3107.014, 3701.046, 3701.74, 3709.161,	21
3721.21, 3923.28, 3923.281, 3923.282, 3923.29, 3923.30, 3963.01,	22
4723.16, 4725.33, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17,	23
4734.41, 4755.471, 4757.01, 4757.02, 4757.03, 4757.04, 4757.10,	24
4757.11, 4757.16, 4757.21, 4757.22, 4757.23, 4757.26, 4757.27,	25
4757.28, 4757.29, 4757.30, 4757.31, 4757.33, 4757.34, 4757.36,	26
4757.38, 4757.41, 4757.43, 4758.40, 4758.41, 4758.55, 4758.561,	27
4758.59, 4758.61, 4769.01, 5101.61, and 5123.61 be amended and	28
sections 4755.111 4757.13, 4757.321, and 4757.37 of the Revised	29
Code be enacted to read as follows:	30

Sec. 1701.03.  (A) A corporation may be formed under this	31
chapter for any purpose or combination of purposes for which	32
individuals lawfully may associate themselves, except that, if the	33
Revised Code contains special provisions pertaining to the	34
formation of any designated type of corporation other than a	35
professional association, as defined in section 1785.01 of the	36
Revised Code, a corporation of that type shall be formed in	37
accordance with the special provisions.	38

(B) On and after July 1, 1994, a corporation may be formed	39
under this chapter for the purpose of carrying on the practice of	40
any profession, including, but not limited to, a corporation for	41
the purpose of providing public accounting or certified public	42
accounting services, a corporation for the erection, owning, and	43
conducting of a sanitarium for receiving and caring for patients,	44
medical and hygienic treatment of patients, and instruction of	45
nurses in the treatment of disease and in hygiene, a corporation	46
for the purpose of providing architectural, landscape	47
architectural, professional engineering, or surveying services or	48
any combination of those types of services, and a corporation for	49
the purpose of providing a combination of the professional	50
services, as defined in section 1785.01 of the Revised Code, of	51
optometrists authorized under Chapter 4725. of the Revised Code,	52
chiropractors authorized under Chapter 4734. of the Revised Code	53
to practice chiropractic or acupuncture, psychologists authorized	54
under Chapter 4732. of the Revised Code, registered or licensed	55
practical nurses authorized under Chapter 4723. of the Revised	56
Code, pharmacists authorized under Chapter 4729. of the Revised	57
Code, physical therapists authorized under sections 4755.40 to	58
4755.56 of the Revised Code, occupational therapists authorized	59
under sections 4755.04 to 4755.13 of the Revised Code,	60
mechanotherapists authorized under section 4731.151 of the Revised	61
Code, and doctors of medicine and surgery, osteopathic medicine	62
and surgery, or podiatric medicine and surgery authorized under	63
Chapter 4731. of the Revised Code, and licensed professional	64
clinical counselors, licensed professional counselors, independent	65
social workers, social workers, independent marriage and family	66
therapists, or marriage and family therapists authorized under	67
Chapter 4757. of the Revised Code.	68

This chapter does not restrict, limit, or otherwise affect	69
the authority or responsibilities of any agency, board,	70
commission, department, office, or other entity to license,	71
register, and otherwise regulate the professional conduct of	72
individuals or organizations of any kind rendering professional	73
services, as defined in section 1785.01 of the Revised Code, in	74
this state or to regulate the practice of any profession that is	75
within the jurisdiction of the agency, board, commission,	76
department, office, or other entity, notwithstanding that an	77
individual is a director, officer, employee, or other agent of a	78
corporation formed under this chapter and is rendering	79
professional services or engaging in the practice of a profession	80
through a corporation formed under this chapter or that the	81
organization is a corporation formed under this chapter.	82

(C) Nothing in division (A) or (B) of this section precludes	83
the organization of a professional association in accordance with	84
this chapter and Chapter 1785. of the Revised Code or the	85
formation of a limited liability company under Chapter 1705. of	86
the Revised Code with respect to a business, as defined in section	87
1705.01 of the Revised Code.	88

(D) No corporation formed for the purpose of providing a	89
combination of the professional services, as defined in section	90
1785.01 of the Revised Code, of optometrists authorized under	91
Chapter 4725. of the Revised Code, chiropractors authorized under	92
Chapter 4734. of the Revised Code to practice chiropractic or	93
acupuncture, psychologists authorized under Chapter 4732. of the	94
Revised Code, registered or licensed practical nurses authorized	95
under Chapter 4723. of the Revised Code, pharmacists authorized	96
under Chapter 4729. of the Revised Code, physical therapists	97
authorized under sections 4755.40 to 4755.56 of the Revised Code,	98
occupational therapists authorized under sections 4755.04 to	99
4755.13 of the Revised Code, mechanotherapists authorized under	100
section 4731.151 of the Revised Code, and doctors of medicine and	101
surgery, osteopathic medicine and surgery, or podiatric medicine	102
and surgery authorized under Chapter 4731. of the Revised Code,	103
and licensed professional clinical counselors, licensed	104
professional counselors, independent social workers, social	105
workers, independent marriage and family therapists, or marriage	106
and family therapists authorized under Chapter 4757. of the	107
Revised Code shall control the professional clinical judgment	108
exercised within accepted and prevailing standards of practice of	109
a licensed, certificated, or otherwise legally authorized	110
optometrist, chiropractor, chiropractor practicing acupuncture	111
through the state chiropractic board, psychologist, nurse,	112
pharmacist, physical therapist, occupational therapist,	113
mechanotherapist, or doctor of medicine and surgery, osteopathic	114
medicine and surgery, or podiatric medicine and surgery, licensed	115
professional clinical counselor, licensed professional counselor,	116
independent social worker, social worker, independent marriage and	117
family therapist, or marriage and family therapist in rendering	118
care, treatment, or professional advice to an individual patient.	119

This division does not prevent a hospital, as defined in	120
section 3727.01 of the Revised Code, insurer, as defined in	121
section 3999.36 of the Revised Code, or intermediary organization,	122
as defined in section 1751.01 of the Revised Code, from entering	123
into a contract with a corporation described in this division that	124
includes a provision requiring utilization review, quality	125
assurance, peer review, or other performance or quality standards.	126
Those activities shall not be construed as controlling the	127
professional clinical judgment of an individual practitioner	128
listed in this division.	129

Sec. 1705.03.  (A) A limited liability company may sue and be	130
sued.	131

(B) Unless otherwise provided in its articles of	132
organization, a limited liability company may take property of any	133
description or any interest in property of any description by	134
gift, devise, or bequest and may make donations for the public	135
welfare or for charitable, scientific, or educational purposes.	136

(C) In carrying out the purposes stated in its articles of	137
organization or operating agreement and subject to limitations	138
prescribed by law or in its articles of organization or its	139
operating agreement, a limited liability company may do all of the	140
following:	141

(1) Purchase or otherwise acquire, lease as lessee or lessor,	142
invest in, hold, use, encumber, sell, exchange, transfer, and	143
dispose of property of any description or any interest in property	144
of any description;	145

(2) Make contracts;

146

(3) Form or acquire the control of other domestic or foreign	147
limited liability companies;	148

(4) Be a shareholder, partner, member, associate, or	149
participant in other profit or nonprofit enterprises or ventures;	150

(5) Conduct its affairs in this state and elsewhere;

151

(6) Render in this state and elsewhere a professional	152
service, the kinds of professional services authorized under	153
Chapters 4703. and 4733. of the Revised Code, or a combination of	154
the professional services of optometrists authorized under Chapter	155
4725. of the Revised Code, chiropractors authorized under Chapter	156
4734. of the Revised Code to practice chiropractic or acupuncture,	157
psychologists authorized under Chapter 4732. of the Revised Code,	158
registered or licensed practical nurses authorized under Chapter	159
4723. of the Revised Code, pharmacists authorized under Chapter	160
4729. of the Revised Code, physical therapists authorized under	161
sections 4755.40 to 4755.56 of the Revised Code, occupational	162
therapists authorized under sections 4755.04 to 4755.13 of the	163
Revised Code, mechanotherapists authorized under section 4731.151	164
of the Revised Code, and doctors of medicine and surgery,	165
osteopathic medicine and surgery, or podiatric medicine and	166
surgery authorized under Chapter 4731. of the Revised Code, and	167
licensed professional clinical counselors, licensed professional	168
counselors, independent social workers, social workers,	169
independent marriage and family therapists, or marriage and family	170
therapists authorized under Chapter 4757. of the Revised Code;	171

(7) Borrow money;

172

(8) Issue, sell, and pledge its notes, bonds, and other	173
evidences of indebtedness;	174

(9) Secure any of its obligations by mortgage, pledge, or	175
deed of trust of all or any of its property;	176

(10) Guarantee or secure obligations of any person;

177

(11) Do all things permitted by law and exercise all	178
authority within or incidental to the purposes stated in its	179
articles of organization.	180

(D) In addition to the authority conferred by division (C) of	181
this section and irrespective of the purposes stated in its	182
articles of organization or operating agreement but subject to any	183
limitations stated in those articles or its operating agreement, a	184
limited liability company may invest funds not currently needed in	185
its business in any securities if the investment does not cause	186
the company to acquire control of another enterprise whose	187
activities and operations are not incidental to the purposes	188
stated in the articles of organization of the company.	189

(E)(1) No lack of authority or limitation upon the authority	190
of a limited liability company shall be asserted in any action	191
except as follows:	192

(a) By the state in an action by it against the company;

193

(b) By or on behalf of the company in an action against a	194
manager, an officer, or any member as a member;	195

(c) By a member as a member in an action against the company,	196
a manager, an officer, or any member as a member;	197

(d) In an action involving an alleged improper issue of a	198
membership interest in the company.	199

(2) Division (E)(1) of this section applies to any action	200
commenced in this state upon any contract made in this state by a	201
foreign limited liability company.	202

Sec. 1705.04.  (A) One or more persons, without regard to	203
residence, domicile, or state of organization, may form a limited	204
liability company. The articles of organization shall be signed	205
and filed with the secretary of state and shall set forth all of	206
the following:	207

(1) The name of the company;

208

(2) Except as provided in division (B) of this section, the	209
period of its duration, which may be perpetual;	210

(3) Any other provisions that are from the operating	211
agreement or that are not inconsistent with applicable law and	212
that the members elect to set out in the articles for the	213
regulation of the affairs of the company.	214

The legal existence of the company begins upon the filing of	215
the articles of organization or on a later date specified in the	216
articles of organization that is not more than ninety days after	217
the filing.	218

(B) If the articles of organization or operating agreement do	219
not set forth the period of the duration of the limited liability	220
company, its duration shall be perpetual.	221

(C) If a limited liability company is formed under this	222
chapter for the purpose of rendering a professional service, the	223
kinds of professional services authorized under Chapters 4703. and	224
4733. of the Revised Code, or a combination of the professional	225
services of optometrists authorized under Chapter 4725. of the	226
Revised Code, chiropractors authorized under Chapter 4734. of the	227
Revised Code to practice chiropractic or acupuncture,	228
psychologists authorized under Chapter 4732. of the Revised Code,	229
registered or licensed practical nurses authorized under Chapter	230
4723. of the Revised Code, pharmacists authorized under Chapter	231
4729. of the Revised Code, physical therapists authorized under	232
sections 4755.40 to 4755.56 of the Revised Code, occupational	233
therapists authorized under sections 4755.04 to 4755.13 of the	234
Revised Code, mechanotherapists authorized under section 4731.151	235
of the Revised Code, and doctors of medicine and surgery,	236
osteopathic medicine and surgery, or podiatric medicine and	237
surgery authorized under Chapter 4731. of the Revised Code, and	238
licensed professional clinical counselors, licensed professional	239
counselors, independent social workers, social workers,	240
independent marriage and family therapists, or marriage and family	241
therapists authorized under Chapter 4757. of the Revised Code the	242
following apply:	243

(1) Each member, employee, or other agent of the company who	244
renders a professional service in this state and, if the	245
management of the company is not reserved to its members, each	246
manager of the company who renders a professional service in this	247
state shall be licensed, certificated, or otherwise legally	248
authorized to render in this state the same kind of professional	249
service; if applicable, the kinds of professional services	250
authorized under Chapters 4703. and 4733. of the Revised Code; or,	251
if applicable, any of the kinds of professional services of	252
optometrists authorized under Chapter 4725. of the Revised Code,	253
chiropractors authorized under Chapter 4734. of the Revised Code	254
to practice chiropractic or acupuncture, psychologists authorized	255
under Chapter 4732. of the Revised Code, registered or licensed	256
practical nurses authorized under Chapter 4723. of the Revised	257
Code, pharmacists authorized under Chapter 4729. of the Revised	258
Code, physical therapists authorized under sections 4755.40 to	259
4755.56 of the Revised Code, occupational therapists authorized	260
under sections 4755.04 to 4755.13 of the Revised Code,	261
mechanotherapists authorized under section 4731.151 of the Revised	262
Code, or doctors of medicine and surgery, osteopathic medicine and	263
surgery, or podiatric medicine and surgery authorized under	264
Chapter 4731. of the Revised Code, or licensed professional	265
clinical counselors, licensed professional counselors, independent	266
social workers, social workers, independent marriage and family	267
therapists, or marriage and family therapists authorized under	268
Chapter 4757. of the Revised Code.	269

(2) Each member, employee, or other agent of the company who	270
renders a professional service in another state and, if the	271
management of the company is not reserved to its members, each	272
manager of the company who renders a professional service in	273
another state shall be licensed, certificated, or otherwise	274
legally authorized to render that professional service in the	275
other state.	276

(D) Except for the provisions of this chapter pertaining to	277
the personal liability of members, employees, or other agents of a	278
limited liability company and, if the management of the company is	279
not reserved to its members, the personal liability of managers of	280
the company, this chapter does not restrict, limit, or otherwise	281
affect the authority or responsibilities of any agency, board,	282
commission, department, office, or other entity to license,	283
certificate, register, and otherwise regulate the professional	284
conduct of individuals or organizations of any kind rendering	285
professional services in this state or to regulate the practice of	286
any profession that is within the jurisdiction of the agency,	287
board, commission, department, office, or other entity,	288
notwithstanding that the individual is a member or manager of a	289
limited liability company and is rendering the professional	290
services or engaging in the practice of the profession through the	291
limited liability company or that the organization is a limited	292
liability company.	293

(E) No limited liability company formed for the purpose of	294
providing a combination of the professional services, as defined	295
in section 1785.01 of the Revised Code, of optometrists authorized	296
under Chapter 4725. of the Revised Code, chiropractors authorized	297
under Chapter 4734. of the Revised Code to practice chiropractic	298
or acupuncture, psychologists authorized under Chapter 4732. of	299
the Revised Code, registered or licensed practical nurses	300
authorized under Chapter 4723. of the Revised Code, pharmacists	301
authorized under Chapter 4729. of the Revised Code, physical	302
therapists authorized under sections 4755.40 to 4755.56 of the	303
Revised Code, occupational therapists authorized under sections	304
4755.04 to 4755.13 of the Revised Code, mechanotherapists	305
authorized under section 4731.151 of the Revised Code, and doctors	306
of medicine and surgery, osteopathic medicine and surgery, or	307
podiatric medicine and surgery authorized under Chapter 4731. of	308
the Revised Code, and licensed professional clinical counselors,	309
licensed professional counselors, independent social workers,	310
social workers, independent marriage and family therapists, or	311
marriage and family therapists authorized under Chapter 4757. of	312
the Revised Code shall control the professional clinical judgment	313
exercised within accepted and prevailing standards of practice of	314
a licensed, certificated, or otherwise legally authorized	315
optometrist, chiropractor, chiropractor practicing acupuncture	316
through the state chiropractic board, psychologist, nurse,	317
pharmacist, physical therapist, occupational therapist,	318
mechanotherapist, or doctor of medicine and surgery, osteopathic	319
medicine and surgery, or podiatric medicine and surgery, licensed	320
professional clinical counselor, licensed professional counselor,	321
independent social worker, social worker, independent marriage and	322
family therapist, or marriage and family therapist in rendering	323
care, treatment, or professional advice to an individual patient.	324

This division does not prevent a hospital, as defined in	325
section 3727.01 of the Revised Code, insurer, as defined in	326
section 3999.36 of the Revised Code, or intermediary organization,	327
as defined in section 1751.01 of the Revised Code, from entering	328
into a contract with a limited liability company described in this	329
division that includes a provision requiring utilization review,	330
quality assurance, peer review, or other performance or quality	331
standards. Those activities shall not be construed as controlling	332
the professional clinical judgment of an individual practitioner	333
listed in this division.	334

Sec. 1705.53.  Subject to any contrary provisions of the Ohio	335
Constitution, the laws of the state under which a foreign limited	336
liability company is organized govern its organization and	337
internal affairs and the liability of its members. A foreign	338
limited liability company may not be denied a certificate of	339
registration as a foreign limited liability company in this state	340
because of any difference between the laws of the state under	341
which it is organized and the laws of this state. However, a	342
foreign limited liability company that applies for registration	343
under this chapter to render a professional service in this state,	344
as a condition to obtaining and maintaining a certificate of	345
registration, shall comply with the requirements of division (C)	346
of section 1705.04 of the Revised Code and shall comply with the	347
requirements of Chapters 4703. and 4733. of the Revised Code if	348
the kinds of professional services authorized under those chapters	349
are to be rendered or with the requirements of Chapters 4723.,	350
4725., 4729., 4731., 4732., 4734., and 4755., and 4757. of the	351
Revised Code if a combination of the professional services of	352
optometrists authorized under Chapter 4725. of the Revised Code,	353
chiropractors authorized under Chapter 4734. of the Revised Code	354
to practice chiropractic or acupuncture, psychologists authorized	355
under Chapter 4732. of the Revised Code, registered or licensed	356
practical nurses authorized under Chapter 4723. of the Revised	357
Code, pharmacists authorized under Chapter 4729. of the Revised	358
Code, physical therapists authorized under sections 4755.40 to	359
4755.56 of the Revised Code, occupational therapists authorized	360
under sections 4755.04 to 4755.13 of the Revised Code,	361
mechanotherapists authorized under section 4731.151 of the Revised	362
Code, and doctors of medicine and surgery, osteopathic medicine	363
and surgery, or podiatric medicine and surgery authorized under	364
Chapter 4731. of the Revised Code, and licensed professional	365
clinical counselors, licensed professional counselors, independent	366
social workers, social workers, independent marriage and family	367
therapists, or marriage and family therapists authorized under	368
Chapter 4757. of the Revised Code are to be rendered.	369

Sec. 1785.01.  As used in this chapter:

370

(A) "Professional service" means any type of professional	371
service that may be performed only pursuant to a license,	372
certificate, or other legal authorization issued pursuant to	373
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730.,	374
4731., 4732., 4733., 4734., or 4741., sections 4755.04 to 4755.13,	375
or 4755.40 to 4755.564755., or 4757. of the Revised Code to	376
certified public accountants, licensed public accountants,	377
architects, attorneys, dentists, nurses, optometrists,	378
pharmacists, physician assistants, doctors of medicine and	379
surgery, doctors of osteopathic medicine and surgery, doctors of	380
podiatric medicine and surgery, practitioners of the limited	381
branches of medicine specified in section 4731.15 of the Revised	382
Code, mechanotherapists, psychologists, professional engineers,	383
chiropractors, chiropractors practicing acupuncture through the	384
state chiropractic board, veterinarians, occupational therapists,	385
physical therapists, and occupational therapists, licensed	386
professional clinical counselors, licensed professional	387
counselors, independent social workers, social workers,	388
independent marriage and family therapists, and marriage and	389
family therapists.	390

(B) "Professional association" means an association organized	391
under this chapter for the sole purpose of rendering one of the	392
professional services authorized under Chapter 4701., 4703.,	393
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,	394
4734., or 4741., sections 4755.04 to 4755.13, or 4755.40 to	395
4755.564755., or 4757. of the Revised Code, a combination of the	396
professional services authorized under Chapters 4703. and 4733. of	397
the Revised Code, or a combination of the professional services of	398
optometrists authorized under Chapter 4725. of the Revised Code,	399
chiropractors authorized under Chapter 4734. of the Revised Code	400
to practice chiropractic or acupuncture, psychologists authorized	401
under Chapter 4732. of the Revised Code, registered or licensed	402
practical nurses authorized under Chapter 4723. of the Revised	403
Code, pharmacists authorized under Chapter 4729. of the Revised	404
Code, physical therapists authorized under sections 4755.40 to	405
4755.56 of the Revised Code, occupational therapists authorized	406
under sections 4755.04 to 4755.13 of the Revised Code,	407
mechanotherapists authorized under section 4731.151 of the Revised	408
Code, and doctors of medicine and surgery, osteopathic medicine	409
and surgery, or podiatric medicine and surgery authorized under	410
Chapter 4731. of the Revised Code, and licensed professional	411
clinical counselors, licensed professional counselors, independent	412
social workers, social workers, independent marriage and family	413
therapists, or marriage and family therapists authorized under	414
Chapter 4757. of the Revised Code.	415

Sec. 1785.02.  An individual or group of individuals each of	416
whom is licensed, certificated, or otherwise legally authorized to	417
render within this state the same kind of professional service, a	418
group of individuals each of whom is licensed, certificated, or	419
otherwise legally authorized to render within this state the	420
professional service authorized under Chapter 4703. or 4733. of	421
the Revised Code, or a group of individuals each of whom is	422
licensed, certificated, or otherwise legally authorized to render	423
within this state the professional service of optometrists	424
authorized under Chapter 4725. of the Revised Code, chiropractors	425
authorized under Chapter 4734. of the Revised Code to practice	426
chiropractic or acupuncture, psychologists authorized under	427
Chapter 4732. of the Revised Code, registered or licensed	428
practical nurses authorized under Chapter 4723. of the Revised	429
Code, pharmacists authorized under Chapter 4729. of the Revised	430
Code, physical therapists authorized under sections 4755.40 to	431
4755.56 of the Revised Code, occupational therapists authorized	432
under sections 4755.04 to 4755.13 of the Revised Code,	433
mechanotherapists authorized under section 4731.151 of the Revised	434
Code, or doctors of medicine and surgery, osteopathic medicine and	435
surgery, or podiatric medicine and surgery authorized under	436
Chapter 4731. of the Revised Code, or licensed professional	437
clinical counselors, licensed professional counselors, independent	438
social workers, social workers, independent marriage and family	439
therapists, or marriage and family therapists authorized under	440
Chapter 4757. of the Revised Code may organize and become a	441
shareholder or shareholders of a professional association. Any	442
group of individuals described in this section who may be	443
rendering one of the professional services as an organization	444
created otherwise than pursuant to this chapter may incorporate	445
under and pursuant to this chapter by amending the agreement	446
establishing the organization in a manner that the agreement as	447
amended constitutes articles of incorporation prepared and filed	448
in the manner prescribed in section 1785.08 of the Revised Code	449
and by otherwise complying with the applicable requirements of	450
this chapter.	451

Sec. 1785.03.  A professional association may render a	452
particular professional service only through officers, employees,	453
and agents who are themselves duly licensed, certificated, or	454
otherwise legally authorized to render the professional service	455
within this state. As used in this section, "employee" does not	456
include clerks, bookkeepers, technicians, or other individuals who	457
are not usually and ordinarily considered by custom and practice	458
to be rendering a particular professional service for which a	459
license, certificate, or other legal authorization is required and	460
does not include any other person who performs all of that	461
person's employment under the direct supervision and control of an	462
officer, agent, or employee who renders a particular professional	463
service to the public on behalf of the professional association.	464

No professional association formed for the purpose of	465
providing a combination of the professional services, as defined	466
in section 1785.01 of the Revised Code, of optometrists authorized	467
under Chapter 4725. of the Revised Code, chiropractors authorized	468
under Chapter 4734. of the Revised Code to practice chiropractic	469
or acupuncture, psychologists authorized under Chapter 4732. of	470
the Revised Code, registered or licensed practical nurses	471
authorized under Chapter 4723. of the Revised Code, pharmacists	472
authorized under Chapter 4729. of the Revised Code, physical	473
therapists authorized under sections 4755.40 to 4755.56 of the	474
Revised Code, occupational therapists authorized under sections	475
4755.04 to 4755.13 of the Revised Code, mechanotherapists	476
authorized under section 4731.151 of the Revised Code, and doctors	477
of medicine and surgery, osteopathic medicine and surgery, or	478
podiatric medicine and surgery authorized under Chapter 4731. of	479
the Revised Code, and licensed professional clinical counselors,	480
licensed professional counselors, independent social workers,	481
social workers, independent marriage and family therapists, or	482
marriage and family therapists authorized under Chapter 4757. of	483
the Revised Code shall control the professional clinical judgment	484
exercised within accepted and prevailing standards of practice of	485
a licensed, certificated, or otherwise legally authorized	486
optometrist, chiropractor, chiropractor practicing acupuncture	487
through the state chiropractic board, psychologist, nurse,	488
pharmacist, physical therapist, occupational therapist,	489
mechanotherapist, or doctor of medicine and surgery, osteopathic	490
medicine and surgery, or podiatric medicine and surgery, licensed	491
professional clinical counselor, licensed professional counselor,	492
independent social worker, social worker, independent marriage and	493
family therapist, or marriage and family therapist in rendering	494
care, treatment, or professional advice to an individual patient.	495

This division does not prevent a hospital, as defined in	496
section 3727.01 of the Revised Code, insurer, as defined in	497
section 3999.36 of the Revised Code, or intermediary organization,	498
as defined in section 1751.01 of the Revised Code, from entering	499
into a contract with a professional association described in this	500
division that includes a provision requiring utilization review,	501
quality assurance, peer review, or other performance or quality	502
standards. Those activities shall not be construed as controlling	503
the professional clinical judgment of an individual practitioner	504
listed in this division.	505

Sec. 2152.72.  (A) This section applies only to a child who	506
is or previously has been adjudicated a delinquent child for an	507
act to which any of the following applies:	508

(1) The act is a violation of section 2903.01, 2903.02,	509
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	510
2907.05 of the Revised Code.	511

(2) The act is a violation of section 2923.01 of the Revised	512
Code and involved an attempt to commit aggravated murder or	513
murder.	514

(3) The act would be a felony if committed by an adult, and	515
the court determined that the child, if an adult, would be guilty	516
of a specification found in section 2941.141, 2941.144, or	517
2941.145 of the Revised Code or in another section of the Revised	518
Code that relates to the possession or use of a firearm during the	519
commission of the act for which the child was adjudicated a	520
delinquent child.	521

(4) The act would be an offense of violence that is a felony	522
if committed by an adult, and the court determined that the child,	523
if an adult, would be guilty of a specification found in section	524
2941.1411 of the Revised Code or in another section of the Revised	525
Code that relates to the wearing or carrying of body armor during	526
the commission of the act for which the child was adjudicated a	527
delinquent child.	528

(B)(1) Except as provided in division (E) of this section, a	529
public children services agency, private child placing agency,	530
private noncustodial agency, or court, the department of youth	531
services, or another private or government entity shall not place	532
a child in a certified foster home or for adoption until it	533
provides the foster caregivers or prospective adoptive parents	534
with all of the following:	535

(a) A written report describing the child's social history;

536

(b) A written report describing all the acts committed by the	537
child the entity knows of that resulted in the child being	538
adjudicated a delinquent child and the disposition made by the	539
court, unless the records pertaining to the acts have been sealed	540
pursuant to section 2151.356 of the Revised Code;	541

(c) A written report describing any other violent act	542
committed by the child of which the entity is aware;	543

(d) The substantial and material conclusions and	544
recommendations of any psychiatric or psychological examination	545
conducted on the child or, if no psychological or psychiatric	546
examination of the child is available, the substantial and	547
material conclusions and recommendations of an examination to	548
detect mental and emotional disorders conducted in compliance with	549
the requirements of Chapter 4757. of the Revised Code by an	550
independent social worker, social worker, licensed professional	551
clinical counselor, orlicensed professional counselor,	552
independent marriage and family therapist, or marriage and family	553
therapist licensed under that chapter. The entity shall not	554
provide any part of a psychological, psychiatric, or mental and	555
emotional disorder examination to the foster caregivers or	556
prospective adoptive parents other than the substantial and	557
material conclusions.	558

(2) Notwithstanding sections 2151.356 to 2151.358 of the	559
Revised Code, if records of an adjudication that a child is a	560
delinquent child have been sealed pursuant to those sections and	561
an entity knows the records have been sealed, the entity shall	562
provide the foster caregivers or prospective adoptive parents a	563
written statement that the records of a prior adjudication have	564
been sealed.	565

(C)(1) The entity that places the child in a certified foster	566
home or for adoption shall conduct a psychological examination of	567
the child unless either of the following applies:	568

(a) An entity is not required to conduct the examination if	569
an examination was conducted no more than one year prior to the	570
child's placement, and division (C)(1)(b) of this section does not	571
apply.	572

(b) An entity is not required to conduct the examination if a	573
foster caregiver seeks to adopt the foster caregiver's foster	574
child, and an examination was conducted no more than two years	575
prior to the date the foster caregiver seeks to adopt the child.	576

(2) No later than sixty days after placing the child, the	577
entity shall provide the foster caregiver or prospective adoptive	578
parents a written report detailing the substantial and material	579
conclusions and recommendations of the examination conducted	580
pursuant to this division.	581

(D)(1) Except as provided in divisions (D)(2) and (3) of this	582
section, the expenses of conducting the examinations and preparing	583
the reports and assessment required by division (B) or (C) of this	584
section shall be paid by the entity that places the child in the	585
certified foster home or for adoption.	586

(2) When a juvenile court grants temporary or permanent	587
custody of a child pursuant to any section of the Revised Code,	588
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	589
Revised Code, to a public children services agency or private	590
child placing agency, the court shall provide the agency the	591
information described in division (B) of this section, pay the	592
expenses of preparing that information, and, if a new examination	593
is required to be conducted, pay the expenses of conducting the	594
examination described in division (C) of this section. On receipt	595
of the information described in division (B) of this section, the	596
agency shall provide to the court written acknowledgment that the	597
agency received the information. The court shall keep the	598
acknowledgment and provide a copy to the agency. On the motion of	599
the agency, the court may terminate the order granting temporary	600
or permanent custody of the child to that agency, if the court	601
does not provide the information described in division (B) of this	602
section.	603

(3) If one of the following entities is placing a child in a	604
certified foster home or for adoption with the assistance of or by	605
contracting with a public children services agency, private child	606
placing agency, or a private noncustodial agency, the entity shall	607
provide the agency with the information described in division (B)	608
of this section, pay the expenses of preparing that information,	609
and, if a new examination is required to be conducted, pay the	610
expenses of conducting the examination described in division (C)	611
of this section:	612

(a) The department of youth services if the placement is	613
pursuant to any section of the Revised Code including section	614
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	615
Code;	616

(b) A juvenile court with temporary or permanent custody of a	617
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	618

(c) A public children services agency or private child	619
placing agency with temporary or permanent custody of the child.	620

The agency receiving the information described in division	621
(B) of this section shall provide the entity described in division	622
divisions (D)(3)(a) to (c) of this section that sent the	623
information written acknowledgment that the agency received the	624
information and provided it to the foster caregivers or	625
prospective adoptive parents. The entity shall keep the	626
acknowledgment and provide a copy to the agency. An entity that	627
places a child in a certified foster home or for adoption with the	628
assistance of or by contracting with an agency remains responsible	629
to provide the information described in division (B) of this	630
section to the foster caregivers or prospective adoptive parents	631
unless the entity receives written acknowledgment that the agency	632
provided the information.	633

(E) If a child is placed in a certified foster home as a	634
result of an emergency removal of the child from home pursuant to	635
division (D) of section 2151.31 of the Revised Code, an emergency	636
change in the child's case plan pursuant to division (F)(3) of	637
section 2151.412 of the Revised Code, or an emergency placement by	638
the department of youth services pursuant to this chapter or	639
Chapter 5139. of the Revised Code, the entity that places the	640
child in the certified foster home shall provide the information	641
described in division (B) of this section no later than ninety-six	642
hours after the child is placed in the certified foster home.	643

(F) On receipt of the information described in divisions (B)	644
and (C) of this section, the foster caregiver or prospective	645
adoptive parents shall provide to the entity that places the child	646
in the foster caregiver's or prospective adoptive parents' home a	647
written acknowledgment that the foster caregiver or prospective	648
adoptive parents received the information. The entity shall keep	649
the acknowledgment and provide a copy to the foster caregiver or	650
prospective adoptive parents.	651

(G) No person employed by an entity subject to this section	652
and made responsible by that entity for the child's placement in a	653
certified foster home or for adoption shall fail to provide the	654
foster caregivers or prospective adoptive parents with the	655
information required by divisions (B) and (C) of this section.	656

(H) It is not a violation of any duty of confidentiality	657
provided for in the Revised Code or a code of professional	658
responsibility for a person or government entity to provide the	659
substantial and material conclusions and recommendations of a	660
psychiatric or psychological examination, or an examination to	661
detect mental and emotional disorders, in accordance with division	662
(B)(1)(d) or (C) of this section.	663

(I) As used in this section:

664

(1) "Body armor" has the same meaning as in section 2941.1411	665
of the Revised Code.	666

(2) "Firearm" has the same meaning as in section 2923.11 of	667
the Revised Code.	668

Sec. 2305.234.  (A) As used in this section:

669

(1) "Chiropractic claim," "medical claim," and "optometric	670
claim" have the same meanings as in section 2305.113 of the	671
Revised Code.	672

(2) "Dental claim" has the same meaning as in section	673
2305.113 of the Revised Code, except that it does not include any	674
claim arising out of a dental operation or any derivative claim	675
for relief that arises out of a dental operation.	676

(3) "Governmental health care program" has the same meaning	677
as in section 4731.65 of the Revised Code.	678

(4) "Health care facility or location" means a hospital,	679
clinic, ambulatory surgical facility, office of a health care	680
professional or associated group of health care professionals,	681
training institution for health care professionals, or any other	682
place where medical, dental, or other health-related diagnosis,	683
care, or treatment is provided to a person.	684

(5) "Health care professional" means any of the following who	685
provide medical, dental, or other health-related diagnosis, care,	686
or treatment:	687

(a) Physicians authorized under Chapter 4731. of the Revised	688
Code to practice medicine and surgery or osteopathic medicine and	689
surgery;	690

(b) Registered nurses and licensed practical nurses licensed	691
under Chapter 4723. of the Revised Code and individuals who hold a	692
certificate of authority issued under that chapter that authorizes	693
the practice of nursing as a certified registered nurse	694
anesthetist, clinical nurse specialist, certified nurse-midwife,	695
or certified nurse practitioner;	696

(c) Physician assistants authorized to practice under Chapter	697
4730. of the Revised Code;	698

(d) Dentists and dental hygienists licensed under Chapter	699
4715. of the Revised Code;	700

(e) Physical therapists, physical therapist assistants,	701
occupational therapists, and occupational therapy assistants, and	702
athletic trainers licensed under Chapter 4755. of the Revised	703
Code;	704

(f) Chiropractors licensed under Chapter 4734. of the Revised	705
Code;	706

(g) Optometrists licensed under Chapter 4725. of the Revised	707
Code;	708

(h) Podiatrists authorized under Chapter 4731. of the Revised	709
Code to practice podiatry;	710

(i) Dietitians licensed under Chapter 4759. of the Revised	711
Code;	712

(j) Pharmacists licensed under Chapter 4729. of the Revised	713
Code;	714

(k) Emergency medical technicians-basic, emergency medical	715
technicians-intermediate, and emergency medical	716
technicians-paramedic, certified under Chapter 4765. of the	717
Revised Code;	718

(l) Respiratory care professionals licensed under Chapter	719
4761. of the Revised Code;	720

(m) Speech-language pathologists and audiologists licensed	721
under Chapter 4753. of the Revised Code;	722

(n) ProfessionalLicensed professional clinical counselors,	723
licensed professional counselors, independent social workers,	724
social workers, independent marriage and family therapists, and	725
marriage and family therapists, licensed under Chapter 4757. of	726
the Revised Code;	727

(o) Psychologists licensed under Chapter 4732. of the Revised	728
Code;	729

(p) Independent chemical dependency counselors, chemical	730
dependency counselors III, chemical dependency counselors II, and	731
chemical dependency counselors I, licensed under Chapter 4758. of	732
the Revised CodeIndividuals licensed or certified under Chapter	733
4758. of the Revised Code who are acting within the scope of their	734
license or certificate as members of the profession of chemical	735
dependency counseling or alcohol and other drug prevention	736
services.	737

(6) "Health care worker" means a person other than a health	738
care professional who provides medical, dental, or other	739
health-related care or treatment under the direction of a health	740
care professional with the authority to direct that individual's	741
activities, including medical technicians, medical assistants,	742
dental assistants, orderlies, aides, and individuals acting in	743
similar capacities.	744

(7) "Indigent and uninsured person" means a person who meets	745
all of the following requirements:	746

(a) The person's income is not greater than two hundred per	747
cent of the current poverty line as defined by the United States	748
office of management and budget and revised in accordance with	749
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	750
95 Stat. 511, 42 U.S.C. 9902, as amended.	751

(b) The person is not eligible for the medicaid program or	752
any other governmental health care program.	753

(c) Either of the following applies:

754

(i) The person is not a policyholder, certificate holder,	755
insured, contract holder, subscriber, enrollee, member,	756
beneficiary, or other covered individual under a health insurance	757
or health care policy, contract, or plan.	758

(ii) The person is a policyholder, certificate holder,	759
insured, contract holder, subscriber, enrollee, member,	760
beneficiary, or other covered individual under a health insurance	761
or health care policy, contract, or plan, but the insurer, policy,	762
contract, or plan denies coverage or is the subject of insolvency	763
or bankruptcy proceedings in any jurisdiction.	764

(8) "Nonprofit health care referral organization" means an	765
entity that is not operated for profit and refers patients to, or	766
arranges for the provision of, health-related diagnosis, care, or	767
treatment by a health care professional or health care worker.	768

(9) "Operation" means any procedure that involves cutting or	769
otherwise infiltrating human tissue by mechanical means, including	770
surgery, laser surgery, ionizing radiation, therapeutic	771
ultrasound, or the removal of intraocular foreign bodies.	772
"Operation" does not include the administration of medication by	773
injection, unless the injection is administered in conjunction	774
with a procedure infiltrating human tissue by mechanical means	775
other than the administration of medicine by injection.	776
"Operation" does not include routine dental restorative	777
procedures, the scaling of teeth, or extractions of teeth that are	778
not impacted.	779

(10) "Tort action" means a civil action for damages for	780
injury, death, or loss to person or property other than a civil	781
action for damages for a breach of contract or another agreement	782
between persons or government entities.	783

(11) "Volunteer" means an individual who provides any	784
medical, dental, or other health-care related diagnosis, care, or	785
treatment without the expectation of receiving and without receipt	786
of any compensation or other form of remuneration from an indigent	787
and uninsured person, another person on behalf of an indigent and	788
uninsured person, any health care facility or location, any	789
nonprofit health care referral organization, or any other person	790
or government entity.	791

(12) "Community control sanction" has the same meaning as in	792
section 2929.01 of the Revised Code.	793

(13) "Deep sedation" means a drug-induced depression of	794
consciousness during which a patient cannot be easily aroused but	795
responds purposefully following repeated or painful stimulation, a	796
patient's ability to independently maintain ventilatory function	797
may be impaired, a patient may require assistance in maintaining a	798
patent airway and spontaneous ventilation may be inadequate, and	799
cardiovascular function is usually maintained.	800

(14) "General anesthesia" means a drug-induced loss of	801
consciousness during which a patient is not arousable, even by	802
painful stimulation, the ability to independently maintain	803
ventilatory function is often impaired, a patient often requires	804
assistance in maintaining a patent airway, positive pressure	805
ventilation may be required because of depressed spontaneous	806
ventilation or drug-induced depression of neuromuscular function,	807
and cardiovascular function may be impaired.	808

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	809
health care professional who is a volunteer and complies with	810
division (B)(2) of this section is not liable in damages to any	811
person or government entity in a tort or other civil action,	812
including an action on a medical, dental, chiropractic,	813
optometric, or other health-related claim, for injury, death, or	814
loss to person or property that allegedly arises from an action or	815
omission of the volunteer in the provision to an indigent and	816
uninsured person of medical, dental, or other health-related	817
diagnosis, care, or treatment, including the provision of samples	818
of medicine and other medical products, unless the action or	819
omission constitutes willful or wanton misconduct.	820

(2) To qualify for the immunity described in division (B)(1)	821
of this section, a health care professional shall do all of the	822
following prior to providing diagnosis, care, or treatment:	823

(a) Determine, in good faith, that the indigent and uninsured	824
person is mentally capable of giving informed consent to the	825
provision of the diagnosis, care, or treatment and is not subject	826
to duress or under undue influence;	827

(b) Inform the person of the provisions of this section,	828
including notifying the person that, by giving informed consent to	829
the provision of the diagnosis, care, or treatment, the person	830
cannot hold the health care professional liable for damages in a	831
tort or other civil action, including an action on a medical,	832
dental, chiropractic, optometric, or other health-related claim,	833
unless the action or omission of the health care professional	834
constitutes willful or wanton misconduct;	835

(c) Obtain the informed consent of the person and a written	836
waiver, signed by the person or by another individual on behalf of	837
and in the presence of the person, that states that the person is	838
mentally competent to give informed consent and, without being	839
subject to duress or under undue influence, gives informed consent	840
to the provision of the diagnosis, care, or treatment subject to	841
the provisions of this section. A written waiver under division	842
(B)(2)(c) of this section shall state clearly and in conspicuous	843
type that the person or other individual who signs the waiver is	844
signing it with full knowledge that, by giving informed consent to	845
the provision of the diagnosis, care, or treatment, the person	846
cannot bring a tort or other civil action, including an action on	847
a medical, dental, chiropractic, optometric, or other	848
health-related claim, against the health care professional unless	849
the action or omission of the health care professional constitutes	850
willful or wanton misconduct.	851

(3) A physician or podiatrist who is not covered by medical	852
malpractice insurance, but complies with division (B)(2) of this	853
section, is not required to comply with division (A) of section	854
4731.143 of the Revised Code.	855

(C) Subject to divisions (F) and (G)(3) of this section,	856
health care workers who are volunteers are not liable in damages	857
to any person or government entity in a tort or other civil	858
action, including an action upon a medical, dental, chiropractic,	859
optometric, or other health-related claim, for injury, death, or	860
loss to person or property that allegedly arises from an action or	861
omission of the health care worker in the provision to an indigent	862
and uninsured person of medical, dental, or other health-related	863
diagnosis, care, or treatment, unless the action or omission	864
constitutes willful or wanton misconduct.	865

(D) Subject to divisions (F) and (G)(3) of this section, a	866
nonprofit health care referral organization is not liable in	867
damages to any person or government entity in a tort or other	868
civil action, including an action on a medical, dental,	869
chiropractic, optometric, or other health-related claim, for	870
injury, death, or loss to person or property that allegedly arises	871
from an action or omission of the nonprofit health care referral	872
organization in referring indigent and uninsured persons to, or	873
arranging for the provision of, medical, dental, or other	874
health-related diagnosis, care, or treatment by a health care	875
professional described in division (B)(1) of this section or a	876
health care worker described in division (C) of this section,	877
unless the action or omission constitutes willful or wanton	878
misconduct.	879

(E) Subject to divisions (F) and (G)(3) of this section and	880
to the extent that the registration requirements of section	881
3701.071 of the Revised Code apply, a health care facility or	882
location associated with a health care professional described in	883
division (B)(1) of this section, a health care worker described in	884
division (C) of this section, or a nonprofit health care referral	885
organization described in division (D) of this section is not	886
liable in damages to any person or government entity in a tort or	887
other civil action, including an action on a medical, dental,	888
chiropractic, optometric, or other health-related claim, for	889
injury, death, or loss to person or property that allegedly arises	890
from an action or omission of the health care professional or	891
worker or nonprofit health care referral organization relative to	892
the medical, dental, or other health-related diagnosis, care, or	893
treatment provided to an indigent and uninsured person on behalf	894
of or at the health care facility or location, unless the action	895
or omission constitutes willful or wanton misconduct.	896

(F)(1) Except as provided in division (F)(2) of this section,	897
the immunities provided by divisions (B), (C), (D), and (E) of	898
this section are not available to a health care professional,	899
health care worker, nonprofit health care referral organization,	900
or health care facility or location if, at the time of an alleged	901
injury, death, or loss to person or property, the health care	902
professionals or health care workers involved are providing one of	903
the following:	904

(a) Any medical, dental, or other health-related diagnosis,	905
care, or treatment pursuant to a community service work order	906
entered by a court under division (B) of section 2951.02 of the	907
Revised Code or imposed by a court as a community control	908
sanction;	909

(b) Performance of an operation to which any one of the	910
following applies:	911

(i) The operation requires the administration of deep	912
sedation or general anesthesia.	913

(ii) The operation is a procedure that is not typically	914
performed in an office.	915

(iii) The individual involved is a health care professional,	916
and the operation is beyond the scope of practice or the	917
education, training, and competence, as applicable, of the health	918
care professional.	919

(c) Delivery of a baby or any other purposeful termination of	920
a human pregnancy.	921

(2) Division (F)(1) of this section does not apply when a	922
health care professional or health care worker provides medical,	923
dental, or other health-related diagnosis, care, or treatment that	924
is necessary to preserve the life of a person in a medical	925
emergency.	926

(G)(1) This section does not create a new cause of action or	927
substantive legal right against a health care professional, health	928
care worker, nonprofit health care referral organization, or	929
health care facility or location.	930

(2) This section does not affect any immunities from civil	931
liability or defenses established by another section of the	932
Revised Code or available at common law to which a health care	933
professional, health care worker, nonprofit health care referral	934
organization, or health care facility or location may be entitled	935
in connection with the provision of emergency or other medical,	936
dental, or other health-related diagnosis, care, or treatment.	937

(3) This section does not grant an immunity from tort or	938
other civil liability to a health care professional, health care	939
worker, nonprofit health care referral organization, or health	940
care facility or location for actions that are outside the scope	941
of authority of health care professionals or health care workers.	942

(4) This section does not affect any legal responsibility of	943
a health care professional, health care worker, or nonprofit	944
health care referral organization to comply with any applicable	945
law of this state or rule of an agency of this state.	946

(5) This section does not affect any legal responsibility of	947
a health care facility or location to comply with any applicable	948
law of this state, rule of an agency of this state, or local code,	949
ordinance, or regulation that pertains to or regulates building,	950
housing, air pollution, water pollution, sanitation, health, fire,	951
zoning, or safety.	952

Sec. 2305.51.  (A)(1) As used in this section:

953

(a) "Civil Rights" has the same meaning as in section	954
5122.301 of the Revised Code.	955

(b) "Mental health client or patient" means an individual who	956
is receiving mental health services from a mental health	957
professional or organization.	958

(c) "Mental health organization" means an organization that	959
engages one or more mental health professionals to provide mental	960
health services to one or more mental health clients or patients.	961

(d) "Mental health professional" means an individual who is	962
licensed, certified, or registered under the Revised Code, or	963
otherwise authorized in this state, to provide mental health	964
services for compensation, remuneration, or other personal gain.	965

(e) "Mental health service" means a service provided to an	966
individual or group of individuals involving the application of	967
medical, psychiatric, psychological, professional counseling,	968
social work, marriage and family therapy, or nursing principles	969
or procedures to either of the following:	970

(i) The assessment, diagnosis, prevention, treatment, or	971
amelioration of mental, emotional, psychiatric, psychological, or	972
psychosocial disorders or diseases, as described in the most	973
recent edition of the diagnostic and statistical manual of mental	974
disorders published by the American psychiatric association;	975

(ii) The assessment or improvement of mental, emotional,	976
psychiatric, psychological, or psychosocial adjustment or	977
functioning, regardless of whether there is a diagnosable,	978
pre-existing disorder or disease.	979

(f) "Knowledgeable person" means an individual who has reason	980
to believe that a mental health client or patient has the intent	981
and ability to carry out an explicit threat of inflicting imminent	982
and serious physical harm to or causing the death of a clearly	983
identifiable potential victim or victims and who is either an	984
immediate family member of the client or patient or an individual	985
who otherwise personally knows the client or patient.	986

(2) For the purpose of this section, in the case of a threat	987
to a readily identifiable structure, "clearly identifiable	988
potential victim" includes any potential occupant of the	989
structure.	990

(B) A mental health professional or mental health	991
organization may be held liable in damages in a civil action, or	992
may be made subject to disciplinary action by an entity with	993
licensing or other regulatory authority over the professional or	994
organization, for serious physical harm or death resulting from	995
failing to predict, warn of, or take precautions to provide	996
protection from the violent behavior of a mental health client or	997
patient, only if the client or patient or a knowledgeable person	998
has communicated to the professional or organization an explicit	999
threat of inflicting imminent and serious physical harm to or	1000
causing the death of one or more clearly identifiable potential	1001
victims, the professional or organization has reason to believe	1002
that the client or patient has the intent and ability to carry out	1003
the threat, and the professional or organization fails to take one	1004
or more of the following actions in a timely manner:	1005

(1) Exercise any authority the professional or organization	1006
possesses to hospitalize the client or patient on an emergency	1007
basis pursuant to section 5122.10 of the Revised Code;	1008

(2) Exercise any authority the professional or organization	1009
possesses to have the client or patient involuntarily or	1010
voluntarily hospitalized under Chapter 5122. of the Revised Code;	1011

(3) Establish and undertake a documented treatment plan that	1012
is reasonably calculated, according to appropriate standards of	1013
professional practice, to eliminate the possibility that the	1014
client or patient will carry out the threat, and, concurrent with	1015
establishing and undertaking the treatment plan, initiate	1016
arrangements for a second opinion risk assessment through a	1017
management consultation about the treatment plan with, in the case	1018
of a mental health organization, the clinical director of the	1019
organization, or, in the case of a mental health professional who	1020
is not acting as part of a mental health organization, any mental	1021
health professional who is licensed to engage in independent	1022
practice;	1023

(4) Communicate to a law enforcement agency with jurisdiction	1024
in the area where each potential victim resides, where a structure	1025
threatened by a mental health client or patient is located, or	1026
where the mental health client or patient resides, and if	1027
feasible, communicate to each potential victim or a potential	1028
victim's parent or guardian if the potential victim is a minor or	1029
has been adjudicated incompetent, all of the following	1030
information:	1031

(a) The nature of the threat;

1032

(b) The identity of the mental health client or patient	1033
making the threat;	1034

(c) The identity of each potential victim of the threat.

1035

(C) All of the following apply when a mental health	1036
professional or organization takes one or more of the actions set	1037
forth in divisions (B)(1) to (4) of this section:	1038

(1) The mental health professional or organization shall	1039
consider each of the alternatives set forth and shall document the	1040
reasons for choosing or rejecting each alternative.	1041

(2) The mental health professional or organization may give	1042
special consideration to those alternatives which, consistent with	1043
public safety, would least abridge the rights of the mental health	1044
client or patient established under the Revised Code, including	1045
the rights specified in sections 5122.27 to 5122.31 of the Revised	1046
Code.	1047

(3) The mental health professional or organization is not	1048
required to take an action that, in the exercise of reasonable	1049
professional judgment, would physically endanger the professional	1050
or organization, increase the danger to a potential victim, or	1051
increase the danger to the mental health client or patient.	1052

(4) The mental health professional or organization is not	1053
liable in damages in a civil action, and shall not be made subject	1054
to disciplinary action by any entity with licensing or other	1055
regulatory authority over the professional or organization, for	1056
disclosing any confidential information about a mental health	1057
client or patient that is disclosed for the purpose of taking any	1058
of the actions.	1059

(D) The immunities from civil liability and disciplinary	1060
action conferred by this section are in addition to and not in	1061
limitation of any immunity conferred on a mental health	1062
professional or organization by any other section of the Revised	1063
Code or by judicial precedent.	1064

(E) This section does not affect the civil rights of a mental	1065
health client or patient under Ohio or federal law.	1066

Sec. 2317.02.  The following persons shall not testify in	1067
certain respects:	1068

(A)(1) An attorney, concerning a communication made to the	1069
attorney by a client in that relation or concerning the attorney's	1070
advice to a client, except that the attorney may testify by	1071
express consent of the client or, if the client is deceased, by	1072
the express consent of the surviving spouse or the executor or	1073
administrator of the estate of the deceased client. However, if	1074
the client voluntarily reveals the substance of attorney-client	1075
communications in a nonprivileged context or is deemed by section	1076
2151.421 of the Revised Code to have waived any testimonial	1077
privilege under this division, the attorney may be compelled to	1078
testify on the same subject.	1079

The testimonial privilege established under this division	1080
does not apply concerning a communication between a client who has	1081
since died and the deceased client's attorney if the communication	1082
is relevant to a dispute between parties who claim through that	1083
deceased client, regardless of whether the claims are by testate	1084
or intestate succession or by inter vivos transaction, and the	1085
dispute addresses the competency of the deceased client when the	1086
deceased client executed a document that is the basis of the	1087
dispute or whether the deceased client was a victim of fraud,	1088
undue influence, or duress when the deceased client executed a	1089
document that is the basis of the dispute.	1090

(2) An attorney, concerning a communication made to the	1091
attorney by a client in that relationship or the attorney's advice	1092
to a client, except that if the client is an insurance company,	1093
the attorney may be compelled to testify, subject to an in camera	1094
inspection by a court, about communications made by the client to	1095
the attorney or by the attorney to the client that are related to	1096
the attorney's aiding or furthering an ongoing or future	1097
commission of bad faith by the client, if the party seeking	1098
disclosure of the communications has made a prima-facie showing of	1099
bad faith, fraud, or criminal misconduct by the client.	1100

(B)(1) A physician or a dentist concerning a communication	1101
made to the physician or dentist by a patient in that relation or	1102
the physician's or dentist's advice to a patient, except as	1103
otherwise provided in this division, division (B)(2), and division	1104
(B)(3) of this section, and except that, if the patient is deemed	1105
by section 2151.421 of the Revised Code to have waived any	1106
testimonial privilege under this division, the physician may be	1107
compelled to testify on the same subject.	1108

The testimonial privilege established under this division	1109
does not apply, and a physician or dentist may testify or may be	1110
compelled to testify, in any of the following circumstances:	1111

(a) In any civil action, in accordance with the discovery	1112
provisions of the Rules of Civil Procedure in connection with a	1113
civil action, or in connection with a claim under Chapter 4123. of	1114
the Revised Code, under any of the following circumstances:	1115

(i) If the patient or the guardian or other legal	1116
representative of the patient gives express consent;	1117

(ii) If the patient is deceased, the spouse of the patient or	1118
the executor or administrator of the patient's estate gives	1119
express consent;	1120

(iii) If a medical claim, dental claim, chiropractic claim,	1121
or optometric claim, as defined in section 2305.113 of the Revised	1122
Code, an action for wrongful death, any other type of civil	1123
action, or a claim under Chapter 4123. of the Revised Code is	1124
filed by the patient, the personal representative of the estate of	1125
the patient if deceased, or the patient's guardian or other legal	1126
representative.	1127

(b) In any civil action concerning court-ordered treatment or	1128
services received by a patient, if the court-ordered treatment or	1129
services were ordered as part of a case plan journalized under	1130
section 2151.412 of the Revised Code or the court-ordered	1131
treatment or services are necessary or relevant to dependency,	1132
neglect, or abuse or temporary or permanent custody proceedings	1133
under Chapter 2151. of the Revised Code.	1134

(c) In any criminal action concerning any test or the results	1135
of any test that determines the presence or concentration of	1136
alcohol, a drug of abuse, a combination of them, a controlled	1137
substance, or a metabolite of a controlled substance in the	1138
patient's whole blood, blood serum or plasma, breath, urine, or	1139
other bodily substance at any time relevant to the criminal	1140
offense in question.	1141

(d) In any criminal action against a physician or dentist. In	1142
such an action, the testimonial privilege established under this	1143
division does not prohibit the admission into evidence, in	1144
accordance with the Rules of Evidence, of a patient's medical or	1145
dental records or other communications between a patient and the	1146
physician or dentist that are related to the action and obtained	1147
by subpoena, search warrant, or other lawful means. A court that	1148
permits or compels a physician or dentist to testify in such an	1149
action or permits the introduction into evidence of patient	1150
records or other communications in such an action shall require	1151
that appropriate measures be taken to ensure that the	1152
confidentiality of any patient named or otherwise identified in	1153
the records is maintained. Measures to ensure confidentiality that	1154
may be taken by the court include sealing its records or deleting	1155
specific information from its records.	1156

(e)(i) If the communication was between a patient who has	1157
since died and the deceased patient's physician or dentist, the	1158
communication is relevant to a dispute between parties who claim	1159
through that deceased patient, regardless of whether the claims	1160
are by testate or intestate succession or by inter vivos	1161
transaction, and the dispute addresses the competency of the	1162
deceased patient when the deceased patient executed a document	1163
that is the basis of the dispute or whether the deceased patient	1164
was a victim of fraud, undue influence, or duress when the	1165
deceased patient executed a document that is the basis of the	1166
dispute.	1167

(ii) If neither the spouse of a patient nor the executor or	1168
administrator of that patient's estate gives consent under	1169
division (B)(1)(a)(ii) of this section, testimony or the	1170
disclosure of the patient's medical records by a physician,	1171
dentist, or other health care provider under division (B)(1)(e)(i)	1172
of this section is a permitted use or disclosure of protected	1173
health information, as defined in 45 C.F.R. 160.103, and an	1174
authorization or opportunity to be heard shall not be required.	1175

(iii) Division (B)(1)(e)(i) of this section does not require	1176
a mental health professional to disclose psychotherapy notes, as	1177
defined in 45 C.F.R. 164.501.	1178

(iv) An interested person who objects to testimony or	1179
disclosure under division (B)(1)(e)(i) of this section may seek a	1180
protective order pursuant to Civil Rule 26.	1181

(v) A person to whom protected health information is	1182
disclosed under division (B)(1)(e)(i) of this section shall not	1183
use or disclose the protected health information for any purpose	1184
other than the litigation or proceeding for which the information	1185
was requested and shall return the protected health information to	1186
the covered entity or destroy the protected health information,	1187
including all copies made, at the conclusion of the litigation or	1188
proceeding.	1189

(2)(a) If any law enforcement officer submits a written	1190
statement to a health care provider that states that an official	1191
criminal investigation has begun regarding a specified person or	1192
that a criminal action or proceeding has been commenced against a	1193
specified person, that requests the provider to supply to the	1194
officer copies of any records the provider possesses that pertain	1195
to any test or the results of any test administered to the	1196
specified person to determine the presence or concentration of	1197
alcohol, a drug of abuse, a combination of them, a controlled	1198
substance, or a metabolite of a controlled substance in the	1199
person's whole blood, blood serum or plasma, breath, or urine at	1200
any time relevant to the criminal offense in question, and that	1201
conforms to section 2317.022 of the Revised Code, the provider,	1202
except to the extent specifically prohibited by any law of this	1203
state or of the United States, shall supply to the officer a copy	1204
of any of the requested records the provider possesses. If the	1205
health care provider does not possess any of the requested	1206
records, the provider shall give the officer a written statement	1207
that indicates that the provider does not possess any of the	1208
requested records.	1209

(b) If a health care provider possesses any records of the	1210
type described in division (B)(2)(a) of this section regarding the	1211
person in question at any time relevant to the criminal offense in	1212
question, in lieu of personally testifying as to the results of	1213
the test in question, the custodian of the records may submit a	1214
certified copy of the records, and, upon its submission, the	1215
certified copy is qualified as authentic evidence and may be	1216
admitted as evidence in accordance with the Rules of Evidence.	1217
Division (A) of section 2317.422 of the Revised Code does not	1218
apply to any certified copy of records submitted in accordance	1219
with this division. Nothing in this division shall be construed to	1220
limit the right of any party to call as a witness the person who	1221
administered the test to which the records pertain, the person	1222
under whose supervision the test was administered, the custodian	1223
of the records, the person who made the records, or the person	1224
under whose supervision the records were made.	1225

(3)(a) If the testimonial privilege described in division	1226
(B)(1) of this section does not apply as provided in division	1227
(B)(1)(a)(iii) of this section, a physician or dentist may be	1228
compelled to testify or to submit to discovery under the Rules of	1229
Civil Procedure only as to a communication made to the physician	1230
or dentist by the patient in question in that relation, or the	1231
physician's or dentist's advice to the patient in question, that	1232
related causally or historically to physical or mental injuries	1233
that are relevant to issues in the medical claim, dental claim,	1234
chiropractic claim, or optometric claim, action for wrongful	1235
death, other civil action, or claim under Chapter 4123. of the	1236
Revised Code.	1237

(b) If the testimonial privilege described in division (B)(1)	1238
of this section does not apply to a physician or dentist as	1239
provided in division (B)(1)(c) of this section, the physician or	1240
dentist, in lieu of personally testifying as to the results of the	1241
test in question, may submit a certified copy of those results,	1242
and, upon its submission, the certified copy is qualified as	1243
authentic evidence and may be admitted as evidence in accordance	1244
with the Rules of Evidence. Division (A) of section 2317.422 of	1245
the Revised Code does not apply to any certified copy of results	1246
submitted in accordance with this division. Nothing in this	1247
division shall be construed to limit the right of any party to	1248
call as a witness the person who administered the test in	1249
question, the person under whose supervision the test was	1250
administered, the custodian of the results of the test, the person	1251
who compiled the results, or the person under whose supervision	1252
the results were compiled.	1253

(4) The testimonial privilege described in division (B)(1) of	1254
this section is not waived when a communication is made by a	1255
physician to a pharmacist or when there is communication between a	1256
patient and a pharmacist in furtherance of the physician-patient	1257
relation.	1258

(5)(a) As used in divisions (B)(1) to (4) of this section,	1259
"communication" means acquiring, recording, or transmitting any	1260
information, in any manner, concerning any facts, opinions, or	1261
statements necessary to enable a physician or dentist to diagnose,	1262
treat, prescribe, or act for a patient. A "communication" may	1263
include, but is not limited to, any medical or dental, office, or	1264
hospital communication such as a record, chart, letter,	1265
memorandum, laboratory test and results, x-ray, photograph,	1266
financial statement, diagnosis, or prognosis.	1267

(b) As used in division (B)(2) of this section, "health care	1268
provider" means a hospital, ambulatory care facility, long-term	1269
care facility, pharmacy, emergency facility, or health care	1270
practitioner.	1271

(c) As used in division (B)(5)(b) of this section:

1272

(i) "Ambulatory care facility" means a facility that provides	1273
medical, diagnostic, or surgical treatment to patients who do not	1274
require hospitalization, including a dialysis center, ambulatory	1275
surgical facility, cardiac catheterization facility, diagnostic	1276
imaging center, extracorporeal shock wave lithotripsy center, home	1277
health agency, inpatient hospice, birthing center, radiation	1278
therapy center, emergency facility, and an urgent care center.	1279
"Ambulatory health care facility" does not include the private	1280
office of a physician or dentist, whether the office is for an	1281
individual or group practice.	1282

(ii) "Emergency facility" means a hospital emergency	1283
department or any other facility that provides emergency medical	1284
services.	1285

(iii) "Health care practitioner" has the same meaning as in	1286
section 4769.01 of the Revised Code.	1287

(iv) "Hospital" has the same meaning as in section 3727.01 of	1288
the Revised Code.	1289

(v) "Long-term care facility" means a nursing home,	1290
residential care facility, or home for the aging, as those terms	1291
are defined in section 3721.01 of the Revised Code; a residential	1292
facility licensed under section 5119.34 of the Revised Code that	1293
provides accommodations, supervision, and personal care services	1294
for three to sixteen unrelated adults; a nursing facility, as	1295
defined in section 5165.01 of the Revised Code; a skilled nursing	1296
facility, as defined in section 5165.01 of the Revised Code; and	1297
an intermediate care facility for individuals with intellectual	1298
disabilities, as defined in section 5124.01 of the Revised Code.	1299

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	1300
the Revised Code.	1301

(d) As used in divisions (B)(1) and (2) of this section,	1302
"drug of abuse" has the same meaning as in section 4506.01 of the	1303
Revised Code.	1304

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	1305
apply to doctors of medicine, doctors of osteopathic medicine,	1306
doctors of podiatry, and dentists.	1307

(7) Nothing in divisions (B)(1) to (6) of this section	1308
affects, or shall be construed as affecting, the immunity from	1309
civil liability conferred by section 307.628 of the Revised Code	1310
or the immunity from civil liability conferred by section 2305.33	1311
of the Revised Code upon physicians who report an employee's use	1312
of a drug of abuse, or a condition of an employee other than one	1313
involving the use of a drug of abuse, to the employer of the	1314
employee in accordance with division (B) of that section. As used	1315
in division (B)(7) of this section, "employee," "employer," and	1316
"physician" have the same meanings as in section 2305.33 of the	1317
Revised Code.	1318

(C)(1) A cleric, when the cleric remains accountable to the	1319
authority of that cleric's church, denomination, or sect,	1320
concerning a confession made, or any information confidentially	1321
communicated, to the cleric for a religious counseling purpose in	1322
the cleric's professional character. The cleric may testify by	1323
express consent of the person making the communication, except	1324
when the disclosure of the information is in violation of a sacred	1325
trust and except that, if the person voluntarily testifies or is	1326
deemed by division (A)(4)(c) of section 2151.421 of the Revised	1327
Code to have waived any testimonial privilege under this division,	1328
the cleric may be compelled to testify on the same subject except	1329
when disclosure of the information is in violation of a sacred	1330
trust.	1331

(2) As used in division (C) of this section:

1332

(a) "Cleric" means a member of the clergy, rabbi, priest,	1333
Christian Science practitioner, or regularly ordained, accredited,	1334
or licensed minister of an established and legally cognizable	1335
church, denomination, or sect.	1336

(b) "Sacred trust" means a confession or confidential	1337
communication made to a cleric in the cleric's ecclesiastical	1338
capacity in the course of discipline enjoined by the church to	1339
which the cleric belongs, including, but not limited to, the	1340
Catholic Church, if both of the following apply:	1341

(i) The confession or confidential communication was made	1342
directly to the cleric.	1343

(ii) The confession or confidential communication was made in	1344
the manner and context that places the cleric specifically and	1345
strictly under a level of confidentiality that is considered	1346
inviolate by canon law or church doctrine.	1347

(D) Husband or wife, concerning any communication made by one	1348
to the other, or an act done by either in the presence of the	1349
other, during coverture, unless the communication was made, or act	1350
done, in the known presence or hearing of a third person competent	1351
to be a witness; and such rule is the same if the marital relation	1352
has ceased to exist;	1353

(E) A person who assigns a claim or interest, concerning any	1354
matter in respect to which the person would not, if a party, be	1355
permitted to testify;	1356

(F) A person who, if a party, would be restricted under	1357
section 2317.03 of the Revised Code, when the property or thing is	1358
sold or transferred by an executor, administrator, guardian,	1359
trustee, heir, devisee, or legatee, shall be restricted in the	1360
same manner in any action or proceeding concerning the property or	1361
thing.	1362

(G)(1) A school guidance counselor who holds a valid educator	1363
license from the state board of education as provided for in	1364
section 3319.22 of the Revised Code, a person licensed under	1365
Chapter 4757. of the Revised Code as a licensed professional	1366
clinical counselor, licensed professional counselor, social	1367
worker, independent social worker, marriage and family therapist	1368
or independent marriage and family therapist, or registered under	1369
Chapter 4757. of the Revised Code as a social work assistant	1370
concerning a confidential communication received from a client in	1371
that relation or the person's advice to a client unless any of the	1372
following applies:	1373

(a) The communication or advice indicates clear and present	1374
danger to the client or other persons. For the purposes of this	1375
division, cases in which there are indications of present or past	1376
child abuse or neglect of the client constitute a clear and	1377
present danger.	1378

(b) The client gives express consent to the testimony.

1379

(c) If the client is deceased, the surviving spouse or the	1380
executor or administrator of the estate of the deceased client	1381
gives express consent.	1382

(d) The client voluntarily testifies, in which case the	1383
school guidance counselor or person licensed or registered under	1384
Chapter 4757. of the Revised Code may be compelled to testify on	1385
the same subject.	1386

(e) The court in camera determines that the information	1387
communicated by the client is not germane to the counselor-client,	1388
marriage and family therapist-client, or social worker-client	1389
relationship.	1390

(f) A court, in an action brought against a school, its	1391
administration, or any of its personnel by the client, rules after	1392
an in-camera inspection that the testimony of the school guidance	1393
counselor is relevant to that action.	1394

(g) The testimony is sought in a civil action and concerns	1395
court-ordered treatment or services received by a patient as part	1396
of a case plan journalized under section 2151.412 of the Revised	1397
Code or the court-ordered treatment or services are necessary or	1398
relevant to dependency, neglect, or abuse or temporary or	1399
permanent custody proceedings under Chapter 2151. of the Revised	1400
Code.	1401

(2) Nothing in division (G)(1) of this section shall relieve	1402
a school guidance counselor or a person licensed or registered	1403
under Chapter 4757. of the Revised Code from the requirement to	1404
report information concerning child abuse or neglect under section	1405
2151.421 of the Revised Code.	1406

(H) A mediator acting under a mediation order issued under	1407
division (A) of section 3109.052 of the Revised Code or otherwise	1408
issued in any proceeding for divorce, dissolution, legal	1409
separation, annulment, or the allocation of parental rights and	1410
responsibilities for the care of children, in any action or	1411
proceeding, other than a criminal, delinquency, child abuse, child	1412
neglect, or dependent child action or proceeding, that is brought	1413
by or against either parent who takes part in mediation in	1414
accordance with the order and that pertains to the mediation	1415
process, to any information discussed or presented in the	1416
mediation process, to the allocation of parental rights and	1417
responsibilities for the care of the parents' children, or to the	1418
awarding of parenting time rights in relation to their children;	1419

(I) A communications assistant, acting within the scope of	1420
the communication assistant's authority, when providing	1421
telecommunications relay service pursuant to section 4931.06 of	1422
the Revised Code or Title II of the "Communications Act of 1934,"	1423
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	1424
made through a telecommunications relay service. Nothing in this	1425
section shall limit the obligation of a communications assistant	1426
to divulge information or testify when mandated by federal law or	1427
regulation or pursuant to subpoena in a criminal proceeding.	1428

Nothing in this section shall limit any immunity or privilege	1429
granted under federal law or regulation.	1430

(J)(1) A chiropractor in a civil proceeding concerning a	1431
communication made to the chiropractor by a patient in that	1432
relation or the chiropractor's advice to a patient, except as	1433
otherwise provided in this division. The testimonial privilege	1434
established under this division does not apply, and a chiropractor	1435
may testify or may be compelled to testify, in any civil action,	1436
in accordance with the discovery provisions of the Rules of Civil	1437
Procedure in connection with a civil action, or in connection with	1438
a claim under Chapter 4123. of the Revised Code, under any of the	1439
following circumstances:	1440

(a) If the patient or the guardian or other legal	1441
representative of the patient gives express consent.	1442

(b) If the patient is deceased, the spouse of the patient or	1443
the executor or administrator of the patient's estate gives	1444
express consent.	1445

(c) If a medical claim, dental claim, chiropractic claim, or	1446
optometric claim, as defined in section 2305.113 of the Revised	1447
Code, an action for wrongful death, any other type of civil	1448
action, or a claim under Chapter 4123. of the Revised Code is	1449
filed by the patient, the personal representative of the estate of	1450
the patient if deceased, or the patient's guardian or other legal	1451
representative.	1452

(2) If the testimonial privilege described in division (J)(1)	1453
of this section does not apply as provided in division (J)(1)(c)	1454
of this section, a chiropractor may be compelled to testify or to	1455
submit to discovery under the Rules of Civil Procedure only as to	1456
a communication made to the chiropractor by the patient in	1457
question in that relation, or the chiropractor's advice to the	1458
patient in question, that related causally or historically to	1459
physical or mental injuries that are relevant to issues in the	1460
medical claim, dental claim, chiropractic claim, or optometric	1461
claim, action for wrongful death, other civil action, or claim	1462
under Chapter 4123. of the Revised Code.	1463

(3) The testimonial privilege established under this division	1464
does not apply, and a chiropractor may testify or be compelled to	1465
testify, in any criminal action or administrative proceeding.	1466

(4) As used in this division, "communication" means	1467
acquiring, recording, or transmitting any information, in any	1468
manner, concerning any facts, opinions, or statements necessary to	1469
enable a chiropractor to diagnose, treat, or act for a patient. A	1470
communication may include, but is not limited to, any	1471
chiropractic, office, or hospital communication such as a record,	1472
chart, letter, memorandum, laboratory test and results, x-ray,	1473
photograph, financial statement, diagnosis, or prognosis.	1474

(K)(1) Except as provided under division (K)(2) of this	1475
section, a critical incident stress management team member	1476
concerning a communication received from an individual who	1477
receives crisis response services from the team member, or the	1478
team member's advice to the individual, during a debriefing	1479
session.	1480

(2) The testimonial privilege established under division	1481
(K)(1) of this section does not apply if any of the following are	1482
true:	1483

(a) The communication or advice indicates clear and present	1484
danger to the individual who receives crisis response services or	1485
to other persons. For purposes of this division, cases in which	1486
there are indications of present or past child abuse or neglect of	1487
the individual constitute a clear and present danger.	1488

(b) The individual who received crisis response services	1489
gives express consent to the testimony.	1490

(c) If the individual who received crisis response services	1491
is deceased, the surviving spouse or the executor or administrator	1492
of the estate of the deceased individual gives express consent.	1493

(d) The individual who received crisis response services	1494
voluntarily testifies, in which case the team member may be	1495
compelled to testify on the same subject.	1496

(e) The court in camera determines that the information	1497
communicated by the individual who received crisis response	1498
services is not germane to the relationship between the individual	1499
and the team member.	1500

(f) The communication or advice pertains or is related to any	1501
criminal act.	1502

(3) As used in division (K) of this section:

1503

(a) "Crisis response services" means consultation, risk	1504
assessment, referral, and on-site crisis intervention services	1505
provided by a critical incident stress management team to	1506
individuals affected by crisis or disaster.	1507

(b) "Critical incident stress management team member" or	1508
"team member" means an individual specially trained to provide	1509
crisis response services as a member of an organized community or	1510
local crisis response team that holds membership in the Ohio	1511
critical incident stress management network.	1512

(c) "Debriefing session" means a session at which crisis	1513
response services are rendered by a critical incident stress	1514
management team member during or after a crisis or disaster.	1515

(L)(1) Subject to division (L)(2) of this section and except	1516
as provided in division (L)(3) of this section, an employee	1517
assistance professional, concerning a communication made to the	1518
employee assistance professional by a client in the employee	1519
assistance professional's official capacity as an employee	1520
assistance professional.	1521

(2) Division (L)(1) of this section applies to an employee	1522
assistance professional who meets either or both of the following	1523
requirements:	1524

(a) Is certified by the employee assistance certification	1525
commission to engage in the employee assistance profession;	1526

(b) Has education, training, and experience in all of the	1527
following:	1528

(i) Providing workplace-based services designed to address	1529
employer and employee productivity issues;	1530

(ii) Providing assistance to employees and employees'	1531
dependents in identifying and finding the means to resolve	1532
personal problems that affect the employees or the employees'	1533
performance;	1534

(iii) Identifying and resolving productivity problems	1535
associated with an employee's concerns about any of the following	1536
matters: health, marriage, family, finances, substance abuse or	1537
other addiction, workplace, law, and emotional issues;	1538

(iv) Selecting and evaluating available community resources;

1539

(v) Making appropriate referrals;

1540

(vi) Local and national employee assistance agreements;

1541

(vii) Client confidentiality.

1542

(3) Division (L)(1) of this section does not apply to any of	1543
the following:	1544

(a) A criminal action or proceeding involving an offense	1545
under sections 2903.01 to 2903.06 of the Revised Code if the	1546
employee assistance professional's disclosure or testimony relates	1547
directly to the facts or immediate circumstances of the offense;	1548

(b) A communication made by a client to an employee	1549
assistance professional that reveals the contemplation or	1550
commission of a crime or serious, harmful act;	1551

(c) A communication that is made by a client who is an	1552
unemancipated minor or an adult adjudicated to be incompetent and	1553
indicates that the client was the victim of a crime or abuse;	1554

(d) A civil proceeding to determine an individual's mental	1555
competency or a criminal action in which a plea of not guilty by	1556
reason of insanity is entered;	1557

(e) A civil or criminal malpractice action brought against	1558
the employee assistance professional;	1559

(f) When the employee assistance professional has the express	1560
consent of the client or, if the client is deceased or disabled,	1561
the client's legal representative;	1562

(g) When the testimonial privilege otherwise provided by	1563
division (L)(1) of this section is abrogated under law.	1564

Sec. 2921.22.  (A)(1) Except as provided in division (A)(2)	1565
of this section, no person, knowing that a felony has been or is	1566
being committed, shall knowingly fail to report such information	1567
to law enforcement authorities.	1568

(2) No person, knowing that a violation of division (B) of	1569
section 2913.04 of the Revised Code has been, or is being	1570
committed or that the person has received information derived from	1571
such a violation, shall knowingly fail to report the violation to	1572
law enforcement authorities.	1573

(B) Except for conditions that are within the scope of	1574
division (E) of this section, no physician, limited practitioner,	1575
nurse, or other person giving aid to a sick or injured person	1576
shall negligently fail to report to law enforcement authorities	1577
any gunshot or stab wound treated or observed by the physician,	1578
limited practitioner, nurse, or person, or any serious physical	1579
harm to persons that the physician, limited practitioner, nurse,	1580
or person knows or has reasonable cause to believe resulted from	1581
an offense of violence.	1582

(C) No person who discovers the body or acquires the first	1583
knowledge of the death of a person shall fail to report the death	1584
immediately to a physician whom the person knows to be treating	1585
the deceased for a condition from which death at such time would	1586
not be unexpected, or to a law enforcement officer, an ambulance	1587
service, an emergency squad, or the coroner in a political	1588
subdivision in which the body is discovered, the death is believed	1589
to have occurred, or knowledge concerning the death is obtained.	1590

(D) No person shall fail to provide upon request of the	1591
person to whom a report required by division (C) of this section	1592
was made, or to any law enforcement officer who has reasonable	1593
cause to assert the authority to investigate the circumstances	1594
surrounding the death, any facts within the person's knowledge	1595
that may have a bearing on the investigation of the death.	1596

(E)(1) As used in this division, "burn injury" means any of	1597
the following:	1598

(a) Second or third degree burns;

1599

(b) Any burns to the upper respiratory tract or laryngeal	1600
edema due to the inhalation of superheated air;	1601

(c) Any burn injury or wound that may result in death;

1602

(d) Any physical harm to persons caused by or as the result	1603
of the use of fireworks, novelties and trick noisemakers, and wire	1604
sparklers, as each is defined by section 3743.01 of the Revised	1605
Code.	1606

(2) No physician, nurse, or limited practitioner who, outside	1607
a hospital, sanitarium, or other medical facility, attends or	1608
treats a person who has sustained a burn injury that is inflicted	1609
by an explosion or other incendiary device or that shows evidence	1610
of having been inflicted in a violent, malicious, or criminal	1611
manner shall fail to report the burn injury immediately to the	1612
local arson, or fire and explosion investigation, bureau, if there	1613
is a bureau of this type in the jurisdiction in which the person	1614
is attended or treated, or otherwise to local law enforcement	1615
authorities.	1616

(3) No manager, superintendent, or other person in charge of	1617
a hospital, sanitarium, or other medical facility in which a	1618
person is attended or treated for any burn injury that is	1619
inflicted by an explosion or other incendiary device or that shows	1620
evidence of having been inflicted in a violent, malicious, or	1621
criminal manner shall fail to report the burn injury immediately	1622
to the local arson, or fire and explosion investigation, bureau,	1623
if there is a bureau of this type in the jurisdiction in which the	1624
person is attended or treated, or otherwise to local law	1625
enforcement authorities.	1626

(4) No person who is required to report any burn injury under	1627
division (E)(2) or (3) of this section shall fail to file, within	1628
three working days after attending or treating the victim, a	1629
written report of the burn injury with the office of the state	1630
fire marshal. The report shall comply with the uniform standard	1631
developed by the state fire marshal pursuant to division (A)(15)	1632
of section 3737.22 of the Revised Code.	1633

(5) Anyone participating in the making of reports under	1634
division (E) of this section or anyone participating in a judicial	1635
proceeding resulting from the reports is immune from any civil or	1636
criminal liability that otherwise might be incurred or imposed as	1637
a result of such actions. Notwithstanding section 4731.22 of the	1638
Revised Code, the physician-patient relationship is not a ground	1639
for excluding evidence regarding a person's burn injury or the	1640
cause of the burn injury in any judicial proceeding resulting from	1641
a report submitted under division (E) of this section.	1642

(F)(1) Any doctor of medicine or osteopathic medicine,	1643
hospital intern or resident, registered or licensed practical	1644
nurse, psychologist, social worker, independent social worker,	1645
social work assistant, licensed professional clinical counselor,	1646
orlicensed professional counselor, independent marriage and	1647
family therapist, or marriage and family therapist who knows or	1648
has reasonable cause to believe that a patient or client has been	1649
the victim of domestic violence, as defined in section 3113.31 of	1650
the Revised Code, shall note that knowledge or belief and the	1651
basis for it in the patient's or client's records.	1652

(2) Notwithstanding section 4731.22 of the Revised Code, the	1653
doctor-patient privilege shall not be a ground for excluding any	1654
information regarding the report containing the knowledge or	1655
belief noted under division (F)(1) of this section, and the	1656
information may be admitted as evidence in accordance with the	1657
Rules of Evidence.	1658

(G) Divisions (A) and (D) of this section do not require	1659
disclosure of information, when any of the following applies:	1660

(1) The information is privileged by reason of the	1661
relationship between attorney and client; doctor and patient;	1662
licensed psychologist or licensed school psychologist and client;	1663
licensed professional clinical counselor, licensed professional	1664
counselor, independent social worker, social worker, independent	1665
marriage and family therapist, or marriage and family therapist	1666
and client; member of the clergy, rabbi, minister, or priest and	1667
any person communicating information confidentially to the member	1668
of the clergy, rabbi, minister, or priest for a religious	1669
counseling purpose of a professional character; husband and wife;	1670
or a communications assistant and those who are a party to a	1671
telecommunications relay service call.	1672

(2) The information would tend to incriminate a member of the	1673
actor's immediate family.	1674

(3) Disclosure of the information would amount to revealing a	1675
news source, privileged under section 2739.04 or 2739.12 of the	1676
Revised Code.	1677

(4) Disclosure of the information would amount to disclosure	1678
by a member of the ordained clergy of an organized religious body	1679
of a confidential communication made to that member of the clergy	1680
in that member's capacity as a member of the clergy by a person	1681
seeking the aid or counsel of that member of the clergy.	1682

(5) Disclosure would amount to revealing information acquired	1683
by the actor in the course of the actor's duties in connection	1684
with a bona fide program of treatment or services for drug	1685
dependent persons or persons in danger of drug dependence, which	1686
program is maintained or conducted by a hospital, clinic, person,	1687
agency, or services provider certified pursuant to section 5119.36	1688
of the Revised Code.	1689

(6) Disclosure would amount to revealing information acquired	1690
by the actor in the course of the actor's duties in connection	1691
with a bona fide program for providing counseling services to	1692
victims of crimes that are violations of section 2907.02 or	1693
2907.05 of the Revised Code or to victims of felonious sexual	1694
penetration in violation of former section 2907.12 of the Revised	1695
Code. As used in this division, "counseling services" include	1696
services provided in an informal setting by a person who, by	1697
education or experience, is competent to provide those services.	1698

(H) No disclosure of information pursuant to this section	1699
gives rise to any liability or recrimination for a breach of	1700
privilege or confidence.	1701

(I) Whoever violates division (A) or (B) of this section is	1702
guilty of failure to report a crime. Violation of division (A)(1)	1703
of this section is a misdemeanor of the fourth degree. Violation	1704
of division (A)(2) or (B) of this section is a misdemeanor of the	1705
second degree.	1706

(J) Whoever violates division (C) or (D) of this section is	1707
guilty of failure to report knowledge of a death, a misdemeanor of	1708
the fourth degree.	1709

(K)(1) Whoever negligently violates division (E) of this	1710
section is guilty of a minor misdemeanor.	1711

(2) Whoever knowingly violates division (E) of this section	1712
is guilty of a misdemeanor of the second degree.	1713

Sec. 2925.01.  As used in this chapter:

1714

(A) "Administer," "controlled substance," "controlled	1715
substance analog," "dispense," "distribute," "hypodermic,"	1716
"manufacturer," "official written order," "person," "pharmacist,"	1717
"pharmacy," "sale," "schedule I," "schedule II," "schedule III,"	1718
"schedule IV," "schedule V," and "wholesaler" have the same	1719
meanings as in section 3719.01 of the Revised Code.	1720

(B) "Drug dependent person" and "drug of abuse" have the same	1721
meanings as in section 3719.011 of the Revised Code.	1722

(C) "Drug," "dangerous drug," "licensed health professional	1723
authorized to prescribe drugs," and "prescription" have the same	1724
meanings as in section 4729.01 of the Revised Code.	1725

(D) "Bulk amount" of a controlled substance means any of the	1726
following:	1727

(1) For any compound, mixture, preparation, or substance	1728
included in schedule I, schedule II, or schedule III, with the	1729
exception of controlled substance analogs, marihuana, cocaine,	1730
L.S.D., heroin, and hashish and except as provided in division	1731
(D)(2) or (5) of this section, whichever of the following is	1732
applicable:	1733

(a) An amount equal to or exceeding ten grams or twenty-five	1734
unit doses of a compound, mixture, preparation, or substance that	1735
is or contains any amount of a schedule I opiate or opium	1736
derivative;	1737

(b) An amount equal to or exceeding ten grams of a compound,	1738
mixture, preparation, or substance that is or contains any amount	1739
of raw or gum opium;	1740

(c) An amount equal to or exceeding thirty grams or ten unit	1741
doses of a compound, mixture, preparation, or substance that is or	1742
contains any amount of a schedule I hallucinogen other than	1743
tetrahydrocannabinol or lysergic acid amide, or a schedule I	1744
stimulant or depressant;	1745

(d) An amount equal to or exceeding twenty grams or five	1746
times the maximum daily dose in the usual dose range specified in	1747
a standard pharmaceutical reference manual of a compound, mixture,	1748
preparation, or substance that is or contains any amount of a	1749
schedule II opiate or opium derivative;	1750

(e) An amount equal to or exceeding five grams or ten unit	1751
doses of a compound, mixture, preparation, or substance that is or	1752
contains any amount of phencyclidine;	1753

(f) An amount equal to or exceeding one hundred twenty grams	1754
or thirty times the maximum daily dose in the usual dose range	1755
specified in a standard pharmaceutical reference manual of a	1756
compound, mixture, preparation, or substance that is or contains	1757
any amount of a schedule II stimulant that is in a final dosage	1758
form manufactured by a person authorized by the "Federal Food,	1759
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	1760
amended, and the federal drug abuse control laws, as defined in	1761
section 3719.01 of the Revised Code, that is or contains any	1762
amount of a schedule II depressant substance or a schedule II	1763
hallucinogenic substance;	1764

(g) An amount equal to or exceeding three grams of a	1765
compound, mixture, preparation, or substance that is or contains	1766
any amount of a schedule II stimulant, or any of its salts or	1767
isomers, that is not in a final dosage form manufactured by a	1768
person authorized by the Federal Food, Drug, and Cosmetic Act and	1769
the federal drug abuse control laws.	1770

(2) An amount equal to or exceeding one hundred twenty grams	1771
or thirty times the maximum daily dose in the usual dose range	1772
specified in a standard pharmaceutical reference manual of a	1773
compound, mixture, preparation, or substance that is or contains	1774
any amount of a schedule III or IV substance other than an	1775
anabolic steroid or a schedule III opiate or opium derivative;	1776

(3) An amount equal to or exceeding twenty grams or five	1777
times the maximum daily dose in the usual dose range specified in	1778
a standard pharmaceutical reference manual of a compound, mixture,	1779
preparation, or substance that is or contains any amount of a	1780
schedule III opiate or opium derivative;	1781

(4) An amount equal to or exceeding two hundred fifty	1782
milliliters or two hundred fifty grams of a compound, mixture,	1783
preparation, or substance that is or contains any amount of a	1784
schedule V substance;	1785

(5) An amount equal to or exceeding two hundred solid dosage	1786
units, sixteen grams, or sixteen milliliters of a compound,	1787
mixture, preparation, or substance that is or contains any amount	1788
of a schedule III anabolic steroid.	1789

(E) "Unit dose" means an amount or unit of a compound,	1790
mixture, or preparation containing a controlled substance that is	1791
separately identifiable and in a form that indicates that it is	1792
the amount or unit by which the controlled substance is separately	1793
administered to or taken by an individual.	1794

(F) "Cultivate" includes planting, watering, fertilizing, or	1795
tilling.	1796

(G) "Drug abuse offense" means any of the following:

1797

(1) A violation of division (A) of section 2913.02 that	1798
constitutes theft of drugs, or a violation of section 2925.02,	1799
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	1800
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	1801
2925.37 of the Revised Code;	1802

(2) A violation of an existing or former law of this or any	1803
other state or of the United States that is substantially	1804
equivalent to any section listed in division (G)(1) of this	1805
section;	1806

(3) An offense under an existing or former law of this or any	1807
other state, or of the United States, of which planting,	1808
cultivating, harvesting, processing, making, manufacturing,	1809
producing, shipping, transporting, delivering, acquiring,	1810
possessing, storing, distributing, dispensing, selling, inducing	1811
another to use, administering to another, using, or otherwise	1812
dealing with a controlled substance is an element;	1813

(4) A conspiracy to commit, attempt to commit, or complicity	1814
in committing or attempting to commit any offense under division	1815
(G)(1), (2), or (3) of this section.	1816

(H) "Felony drug abuse offense" means any drug abuse offense	1817
that would constitute a felony under the laws of this state, any	1818
other state, or the United States.	1819

(I) "Harmful intoxicant" does not include beer or	1820
intoxicating liquor but means any of the following:	1821

(1) Any compound, mixture, preparation, or substance the gas,	1822
fumes, or vapor of which when inhaled can induce intoxication,	1823
excitement, giddiness, irrational behavior, depression,	1824
stupefaction, paralysis, unconsciousness, asphyxiation, or other	1825
harmful physiological effects, and includes, but is not limited	1826
to, any of the following:	1827

(a) Any volatile organic solvent, plastic cement, model	1828
cement, fingernail polish remover, lacquer thinner, cleaning	1829
fluid, gasoline, or other preparation containing a volatile	1830
organic solvent;	1831

(b) Any aerosol propellant;

1832

(c) Any fluorocarbon refrigerant;

1833

(d) Any anesthetic gas.

1834

(2) Gamma Butyrolactone;

1835

(3) 1,4 Butanediol.

1836

(J) "Manufacture" means to plant, cultivate, harvest,	1837
process, make, prepare, or otherwise engage in any part of the	1838
production of a drug, by propagation, extraction, chemical	1839
synthesis, or compounding, or any combination of the same, and	1840
includes packaging, repackaging, labeling, and other activities	1841
incident to production.	1842

(K) "Possess" or "possession" means having control over a	1843
thing or substance, but may not be inferred solely from mere	1844
access to the thing or substance through ownership or occupation	1845
of the premises upon which the thing or substance is found.	1846

(L) "Sample drug" means a drug or pharmaceutical preparation	1847
that would be hazardous to health or safety if used without the	1848
supervision of a licensed health professional authorized to	1849
prescribe drugs, or a drug of abuse, and that, at one time, had	1850
been placed in a container plainly marked as a sample by a	1851
manufacturer.	1852

(M) "Standard pharmaceutical reference manual" means the	1853
current edition, with cumulative changes if any, of references	1854
that are approved by the state board of pharmacy.	1855

(N) "Juvenile" means a person under eighteen years of age.

1856

(O) "Counterfeit controlled substance" means any of the	1857
following:	1858

(1) Any drug that bears, or whose container or label bears, a	1859
trademark, trade name, or other identifying mark used without	1860
authorization of the owner of rights to that trademark, trade	1861
name, or identifying mark;	1862

(2) Any unmarked or unlabeled substance that is represented	1863
to be a controlled substance manufactured, processed, packed, or	1864
distributed by a person other than the person that manufactured,	1865
processed, packed, or distributed it;	1866

(3) Any substance that is represented to be a controlled	1867
substance but is not a controlled substance or is a different	1868
controlled substance;	1869

(4) Any substance other than a controlled substance that a	1870
reasonable person would believe to be a controlled substance	1871
because of its similarity in shape, size, and color, or its	1872
markings, labeling, packaging, distribution, or the price for	1873
which it is sold or offered for sale.	1874

(P) An offense is "committed in the vicinity of a school" if	1875
the offender commits the offense on school premises, in a school	1876
building, or within one thousand feet of the boundaries of any	1877
school premises, regardless of whether the offender knows the	1878
offense is being committed on school premises, in a school	1879
building, or within one thousand feet of the boundaries of any	1880
school premises.	1881

(Q) "School" means any school operated by a board of	1882
education, any community school established under Chapter 3314. of	1883
the Revised Code, or any nonpublic school for which the state	1884
board of education prescribes minimum standards under section	1885
3301.07 of the Revised Code, whether or not any instruction,	1886
extracurricular activities, or training provided by the school is	1887
being conducted at the time a criminal offense is committed.	1888

(R) "School premises" means either of the following:

1889

(1) The parcel of real property on which any school is	1890
situated, whether or not any instruction, extracurricular	1891
activities, or training provided by the school is being conducted	1892
on the premises at the time a criminal offense is committed;	1893

(2) Any other parcel of real property that is owned or leased	1894
by a board of education of a school, the governing authority of a	1895
community school established under Chapter 3314. of the Revised	1896
Code, or the governing body of a nonpublic school for which the	1897
state board of education prescribes minimum standards under	1898
section 3301.07 of the Revised Code and on which some of the	1899
instruction, extracurricular activities, or training of the school	1900
is conducted, whether or not any instruction, extracurricular	1901
activities, or training provided by the school is being conducted	1902
on the parcel of real property at the time a criminal offense is	1903
committed.	1904

(S) "School building" means any building in which any of the	1905
instruction, extracurricular activities, or training provided by a	1906
school is conducted, whether or not any instruction,	1907
extracurricular activities, or training provided by the school is	1908
being conducted in the school building at the time a criminal	1909
offense is committed.	1910

(T) "Disciplinary counsel" means the disciplinary counsel	1911
appointed by the board of commissioners on grievances and	1912
discipline of the supreme court under the Rules for the Government	1913
of the Bar of Ohio.	1914

(U) "Certified grievance committee" means a duly constituted	1915
and organized committee of the Ohio state bar association or of	1916
one or more local bar associations of the state of Ohio that	1917
complies with the criteria set forth in Rule V, section 6 of the	1918
Rules for the Government of the Bar of Ohio.	1919

(V) "Professional license" means any license, permit,	1920
certificate, registration, qualification, admission, temporary	1921
license, temporary permit, temporary certificate, or temporary	1922
registration that is described in divisions (W)(1) to (36) of this	1923
section and that qualifies a person as a professionally licensed	1924
person.	1925

(W) "Professionally licensed person" means any of the	1926
following:	1927

(1) A person who has obtained a license as a manufacturer of	1928
controlled substances or a wholesaler of controlled substances	1929
under Chapter 3719. of the Revised Code;	1930

(2) A person who has received a certificate or temporary	1931
certificate as a certified public accountant or who has registered	1932
as a public accountant under Chapter 4701. of the Revised Code and	1933
who holds an Ohio permit issued under that chapter;	1934

(3) A person who holds a certificate of qualification to	1935
practice architecture issued or renewed and registered under	1936
Chapter 4703. of the Revised Code;	1937

(4) A person who is registered as a landscape architect under	1938
Chapter 4703. of the Revised Code or who holds a permit as a	1939
landscape architect issued under that chapter;	1940

(5) A person licensed under Chapter 4707. of the Revised	1941
Code;	1942

(6) A person who has been issued a certificate of	1943
registration as a registered barber under Chapter 4709. of the	1944
Revised Code;	1945

(7) A person licensed and regulated to engage in the business	1946
of a debt pooling company by a legislative authority, under	1947
authority of Chapter 4710. of the Revised Code;	1948

(8) A person who has been issued a cosmetologist's license,	1949
hair designer's license, manicurist's license, esthetician's	1950
license, natural hair stylist's license, managing cosmetologist's	1951
license, managing hair designer's license, managing manicurist's	1952
license, managing esthetician's license, managing natural hair	1953
stylist's license, cosmetology instructor's license, hair design	1954
instructor's license, manicurist instructor's license, esthetics	1955
instructor's license, natural hair style instructor's license,	1956
independent contractor's license, or tanning facility permit under	1957
Chapter 4713. of the Revised Code;	1958

(9) A person who has been issued a license to practice	1959
dentistry, a general anesthesia permit, a conscious intravenous	1960
sedation permit, a limited resident's license, a limited teaching	1961
license, a dental hygienist's license, or a dental hygienist's	1962
teacher's certificate under Chapter 4715. of the Revised Code;	1963

(10) A person who has been issued an embalmer's license, a	1964
funeral director's license, a funeral home license, or a crematory	1965
license, or who has been registered for an embalmer's or funeral	1966
director's apprenticeship under Chapter 4717. of the Revised Code;	1967

(11) A person who has been licensed as a registered nurse or	1968
practical nurse, or who has been issued a certificate for the	1969
practice of nurse-midwifery under Chapter 4723. of the Revised	1970
Code;	1971

(12) A person who has been licensed to practice optometry or	1972
to engage in optical dispensing under Chapter 4725. of the Revised	1973
Code;	1974

(13) A person licensed to act as a pawnbroker under Chapter	1975
4727. of the Revised Code;	1976

(14) A person licensed to act as a precious metals dealer	1977
under Chapter 4728. of the Revised Code;	1978

(15) A person licensed as a pharmacist, a pharmacy intern, a	1979
wholesale distributor of dangerous drugs, or a terminal	1980
distributor of dangerous drugs under Chapter 4729. of the Revised	1981
Code;	1982

(16) A person who is authorized to practice as a physician	1983
assistant under Chapter 4730. of the Revised Code;	1984

(17) A person who has been issued a certificate to practice	1985
medicine and surgery, osteopathic medicine and surgery, a limited	1986
branch of medicine, or podiatry under Chapter 4731. of the Revised	1987
Code;	1988

(18) A person licensed as a psychologist or school	1989
psychologist under Chapter 4732. of the Revised Code;	1990

(19) A person registered to practice the profession of	1991
engineering or surveying under Chapter 4733. of the Revised Code;	1992

(20) A person who has been issued a license to practice	1993
chiropractic under Chapter 4734. of the Revised Code;	1994

(21) A person licensed to act as a real estate broker or real	1995
estate salesperson under Chapter 4735. of the Revised Code;	1996

(22) A person registered as a registered sanitarian under	1997
Chapter 4736. of the Revised Code;	1998

(23) A person licensed to operate or maintain a junkyard	1999
under Chapter 4737. of the Revised Code;	2000

(24) A person who has been issued a motor vehicle salvage	2001
dealer's license under Chapter 4738. of the Revised Code;	2002

(25) A person who has been licensed to act as a steam	2003
engineer under Chapter 4739. of the Revised Code;	2004

(26) A person who has been issued a license or temporary	2005
permit to practice veterinary medicine or any of its branches, or	2006
who is registered as a graduate animal technician under Chapter	2007
4741. of the Revised Code;	2008

(27) A person who has been issued a hearing aid dealer's or	2009
fitter's license or trainee permit under Chapter 4747. of the	2010
Revised Code;	2011

(28) A person who has been issued a class A, class B, or	2012
class C license or who has been registered as an investigator or	2013
security guard employee under Chapter 4749. of the Revised Code;	2014

(29) A person licensed and registered to practice as a	2015
nursing home administrator under Chapter 4751. of the Revised	2016
Code;	2017

(30) A person licensed to practice as a speech-language	2018
pathologist or audiologist under Chapter 4753. of the Revised	2019
Code;	2020

(31) A person issued a license as an occupational therapist	2021
or physical therapist under Chapter 4755. of the Revised Code;	2022

(32) A person who is licensed as a licensed professional	2023
clinical counselor or, licensed professional counselor, licensed	2024
as a social worker or, independent social worker, independent	2025
marriage and family therapist, or marriage and family therapist,	2026
or registered as a social work assistant under Chapter 4757. of	2027
the Revised Code;	2028

(33) A person issued a license to practice dietetics under	2029
Chapter 4759. of the Revised Code;	2030

(34) A person who has been issued a license or limited permit	2031
to practice respiratory therapy under Chapter 4761. of the Revised	2032
Code;	2033

(35) A person who has been issued a real estate appraiser	2034
certificate under Chapter 4763. of the Revised Code;	2035

(36) A person who has been admitted to the bar by order of	2036
the supreme court in compliance with its prescribed and published	2037
rules.	2038

(X) "Cocaine" means any of the following:

2039

(1) A cocaine salt, isomer, or derivative, a salt of a	2040
cocaine isomer or derivative, or the base form of cocaine;	2041

(2) Coca leaves or a salt, compound, derivative, or	2042
preparation of coca leaves, including ecgonine, a salt, isomer, or	2043
derivative of ecgonine, or a salt of an isomer or derivative of	2044
ecgonine;	2045

(3) A salt, compound, derivative, or preparation of a	2046
substance identified in division (X)(1) or (2) of this section	2047
that is chemically equivalent to or identical with any of those	2048
substances, except that the substances shall not include	2049
decocainized coca leaves or extraction of coca leaves if the	2050
extractions do not contain cocaine or ecgonine.	2051

(Y) "L.S.D." means lysergic acid diethylamide.

2052

(Z) "Hashish" means the resin or a preparation of the resin	2053
contained in marihuana, whether in solid form or in a liquid	2054
concentrate, liquid extract, or liquid distillate form.	2055

(AA) "Marihuana" has the same meaning as in section 3719.01	2056
of the Revised Code, except that it does not include hashish.	2057

(BB) An offense is "committed in the vicinity of a juvenile"	2058
if the offender commits the offense within one hundred feet of a	2059
juvenile or within the view of a juvenile, regardless of whether	2060
the offender knows the age of the juvenile, whether the offender	2061
knows the offense is being committed within one hundred feet of or	2062
within view of the juvenile, or whether the juvenile actually	2063
views the commission of the offense.	2064

(CC) "Presumption for a prison term" or "presumption that a	2065
prison term shall be imposed" means a presumption, as described in	2066
division (D) of section 2929.13 of the Revised Code, that a prison	2067
term is a necessary sanction for a felony in order to comply with	2068
the purposes and principles of sentencing under section 2929.11 of	2069
the Revised Code.	2070

(DD) "Major drug offender" has the same meaning as in section	2071
2929.01 of the Revised Code.	2072

(EE) "Minor drug possession offense" means either of the	2073
following:	2074

(1) A violation of section 2925.11 of the Revised Code as it	2075
existed prior to July 1, 1996;	2076

(2) A violation of section 2925.11 of the Revised Code as it	2077
exists on and after July 1, 1996, that is a misdemeanor or a	2078
felony of the fifth degree.	2079

(FF) "Mandatory prison term" has the same meaning as in	2080
section 2929.01 of the Revised Code.	2081

(GG) "Adulterate" means to cause a drug to be adulterated as	2082
described in section 3715.63 of the Revised Code.	2083

(HH) "Public premises" means any hotel, restaurant, tavern,	2084
store, arena, hall, or other place of public accommodation,	2085
business, amusement, or resort.	2086

(II) "Methamphetamine" means methamphetamine, any salt,	2087
isomer, or salt of an isomer of methamphetamine, or any compound,	2088
mixture, preparation, or substance containing methamphetamine or	2089
any salt, isomer, or salt of an isomer of methamphetamine.	2090

(JJ) "Lawful prescription" means a prescription that is	2091
issued for a legitimate medical purpose by a licensed health	2092
professional authorized to prescribe drugs, that is not altered or	2093
forged, and that was not obtained by means of deception or by the	2094
commission of any theft offense.	2095

(KK) "Deception" and "theft offense" have the same meanings	2096
as in section 2913.01 of the Revised Code.	2097

Sec. 2951.041.  (A)(1) If an offender is charged with a	2098
criminal offense, including but not limited to a violation of	2099
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	2100
the Revised Code, and the court has reason to believe that drug or	2101
alcohol usage by the offender was a factor leading to the criminal	2102
offense with which the offender is charged or that, at the time of	2103
committing that offense, the offender had a mental illness or was	2104
a person with intellectual disability and that the mental illness	2105
or status as a person with intellectual disability was a factor	2106
leading to the offender's criminal behavior, the court may accept,	2107
prior to the entry of a guilty plea, the offender's request for	2108
intervention in lieu of conviction. The request shall include a	2109
statement from the offender as to whether the offender is alleging	2110
that drug or alcohol usage by the offender was a factor leading to	2111
the criminal offense with which the offender is charged or is	2112
alleging that, at the time of committing that offense, the	2113
offender had a mental illness or was a person with intellectual	2114
disability and that the mental illness or status as a person with	2115
intellectual disability was a factor leading to the criminal	2116
offense with which the offender is charged. The request also shall	2117
include a waiver of the defendant's right to a speedy trial, the	2118
preliminary hearing, the time period within which the grand jury	2119
may consider an indictment against the offender, and arraignment,	2120
unless the hearing, indictment, or arraignment has already	2121
occurred. The court may reject an offender's request without a	2122
hearing. If the court elects to consider an offender's request,	2123
the court shall conduct a hearing to determine whether the	2124
offender is eligible under this section for intervention in lieu	2125
of conviction and shall stay all criminal proceedings pending the	2126
outcome of the hearing. If the court schedules a hearing, the	2127
court shall order an assessment of the offender for the purpose of	2128
determining the offender's eligibility for intervention in lieu of	2129
conviction and recommending an appropriate intervention plan.	2130

If the offender alleges that drug or alcohol usage by the	2131
offender was a factor leading to the criminal offense with which	2132
the offender is charged, the court may order that the offender be	2133
assessed by an addiction services provider certified pursuant to	2134
section 5119.36 of the Revised Code or a properly credentialed	2135
professional for the purpose of determining the offender's	2136
eligibility for intervention in lieu of conviction and	2137
recommending an appropriate intervention plan. The addiction	2138
services provider or the properly credentialed professional shall	2139
provide a written assessment of the offender to the court.	2140

(2) The victim notification provisions of division (C) of	2141
section 2930.08 of the Revised Code apply in relation to any	2142
hearing held under division (A)(1) of this section.	2143

(B) An offender is eligible for intervention in lieu of	2144
conviction if the court finds all of the following:	2145

(1) The offender previously has not been convicted of or	2146
pleaded guilty to a felony offense of violence or previously has	2147
been convicted of or pleaded guilty to any felony that is not an	2148
offense of violence and the prosecuting attorney recommends that	2149
the offender be found eligible for participation in intervention	2150
in lieu of treatment under this section, previously has not been	2151
through intervention in lieu of conviction under this section or	2152
any similar regimen, and is charged with a felony for which the	2153
court, upon conviction, would impose a community control sanction	2154
on the offender under division (B)(2) of section 2929.13 of the	2155
Revised Code or with a misdemeanor.	2156

(2) The offense is not a felony of the first, second, or	2157
third degree, is not an offense of violence, is not a violation of	2158
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2159
not a violation of division (A)(1) of section 2903.08 of the	2160
Revised Code, is not a violation of division (A) of section	2161
4511.19 of the Revised Code or a municipal ordinance that is	2162
substantially similar to that division, and is not an offense for	2163
which a sentencing court is required to impose a mandatory prison	2164
term, a mandatory term of local incarceration, or a mandatory term	2165
of imprisonment in a jail.	2166

(3) The offender is not charged with a violation of section	2167
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	2168
with a violation of section 2925.03 of the Revised Code that is a	2169
felony of the first, second, third, or fourth degree, and is not	2170
charged with a violation of section 2925.11 of the Revised Code	2171
that is a felony of the first, second, or third degree.	2172

(4) If an offender alleges that drug or alcohol usage by the	2173
offender was a factor leading to the criminal offense with which	2174
the offender is charged, the court has ordered that the offender	2175
be assessed by an addiction services provider certified pursuant	2176
to section 5119.36 of the Revised Code or a properly credentialed	2177
professional for the purpose of determining the offender's	2178
eligibility for intervention in lieu of conviction and	2179
recommending an appropriate intervention plan, the offender has	2180
been assessed by an addiction services provider of that nature or	2181
a properly credentialed professional in accordance with the	2182
court's order, and the addiction services provider or properly	2183
credentialed professional has filed the written assessment of the	2184
offender with the court.	2185

(5) If an offender alleges that, at the time of committing	2186
the criminal offense with which the offender is charged, the	2187
offender had a mental illness or was a person with intellectual	2188
disability and that the mental illness or status as a person with	2189
intellectual disability was a factor leading to that offense, the	2190
offender has been assessed by a psychiatrist, psychologist,	2191
independent social worker, orlicensed professional clinical	2192
counselor, or independent marriage and family therapist for the	2193
purpose of determining the offender's eligibility for intervention	2194
in lieu of conviction and recommending an appropriate intervention	2195
plan.	2196

(6) The offender's drug usage, alcohol usage, mental illness,	2197
or intellectual disability, whichever is applicable, was a factor	2198
leading to the criminal offense with which the offender is	2199
charged, intervention in lieu of conviction would not demean the	2200
seriousness of the offense, and intervention would substantially	2201
reduce the likelihood of any future criminal activity.	2202

(7) The alleged victim of the offense was not sixty-five	2203
years of age or older, permanently and totally disabled, under	2204
thirteen years of age, or a peace officer engaged in the officer's	2205
official duties at the time of the alleged offense.	2206

(8) If the offender is charged with a violation of section	2207
2925.24 of the Revised Code, the alleged violation did not result	2208
in physical harm to any person, and the offender previously has	2209
not been treated for drug abuse.	2210

(9) The offender is willing to comply with all terms and	2211
conditions imposed by the court pursuant to division (D) of this	2212
section.	2213

(10) The offender is not charged with an offense that would	2214
result in the offender being disqualified under Chapter 4506. of	2215
the Revised Code from operating a commercial motor vehicle or	2216
would subject the offender to any other sanction under that	2217
chapter.	2218

(C) At the conclusion of a hearing held pursuant to division	2219
(A) of this section, the court shall enter its determination as to	2220
whether the offender is eligible for intervention in lieu of	2221
conviction and as to whether to grant the offender's request. If	2222
the court finds under division (B) of this section that the	2223
offender is eligible for intervention in lieu of conviction and	2224
grants the offender's request, the court shall accept the	2225
offender's plea of guilty and waiver of the defendant's right to a	2226
speedy trial, the preliminary hearing, the time period within	2227
which the grand jury may consider an indictment against the	2228
offender, and arraignment, unless the hearing, indictment, or	2229
arraignment has already occurred. In addition, the court then may	2230
stay all criminal proceedings and order the offender to comply	2231
with all terms and conditions imposed by the court pursuant to	2232
division (D) of this section. If the court finds that the offender	2233
is not eligible or does not grant the offender's request, the	2234
criminal proceedings against the offender shall proceed as if the	2235
offender's request for intervention in lieu of conviction had not	2236
been made.	2237

(D) If the court grants an offender's request for	2238
intervention in lieu of conviction, the court shall place the	2239
offender under the general control and supervision of the county	2240
probation department, the adult parole authority, or another	2241
appropriate local probation or court services agency, if one	2242
exists, as if the offender was subject to a community control	2243
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	2244
Revised Code. The court shall establish an intervention plan for	2245
the offender. The terms and conditions of the intervention plan	2246
shall require the offender, for at least one year from the date on	2247
which the court grants the order of intervention in lieu of	2248
conviction, to abstain from the use of illegal drugs and alcohol,	2249
to participate in treatment and recovery support services, and to	2250
submit to regular random testing for drug and alcohol use and may	2251
include any other treatment terms and conditions, or terms and	2252
conditions similar to community control sanctions, which may	2253
include community service or restitution, that are ordered by the	2254
court.	2255

(E) If the court grants an offender's request for	2256
intervention in lieu of conviction and the court finds that the	2257
offender has successfully completed the intervention plan for the	2258
offender, including the requirement that the offender abstain from	2259
using illegal drugs and alcohol for a period of at least one year	2260
from the date on which the court granted the order of intervention	2261
in lieu of conviction, the requirement that the offender	2262
participate in treatment and recovery support services, and all	2263
other terms and conditions ordered by the court, the court shall	2264
dismiss the proceedings against the offender. Successful	2265
completion of the intervention plan and period of abstinence under	2266
this section shall be without adjudication of guilt and is not a	2267
criminal conviction for purposes of any disqualification or	2268
disability imposed by law and upon conviction of a crime, and the	2269
court may order the sealing of records related to the offense in	2270
question in the manner provided in sections 2953.31 to 2953.36 of	2271
the Revised Code.	2272

(F) If the court grants an offender's request for	2273
intervention in lieu of conviction and the offender fails to	2274
comply with any term or condition imposed as part of the	2275
intervention plan for the offender, the supervising authority for	2276
the offender promptly shall advise the court of this failure, and	2277
the court shall hold a hearing to determine whether the offender	2278
failed to comply with any term or condition imposed as part of the	2279
plan. If the court determines that the offender has failed to	2280
comply with any of those terms and conditions, it shall enter a	2281
finding of guilty and shall impose an appropriate sanction under	2282
Chapter 2929. of the Revised Code. If the court sentences the	2283
offender to a prison term, the court, after consulting with the	2284
department of rehabilitation and correction regarding the	2285
availability of services, may order continued court-supervised	2286
activity and treatment of the offender during the prison term and,	2287
upon consideration of reports received from the department	2288
concerning the offender's progress in the program of activity and	2289
treatment, may consider judicial release under section 2929.20 of	2290
the Revised Code.	2291

(G) As used in this section:

2292

(1) "Community control sanction" has the same meaning as in	2293
section 2929.01 of the Revised Code.	2294

(2) "Intervention in lieu of conviction" means any	2295
court-supervised activity that complies with this section.	2296

(3) "Peace officer" has the same meaning as in section	2297
2935.01 of the Revised Code.	2298

(4) "Mental illness" and "psychiatrist" have the same	2299
meanings as in section 5122.01 of the Revised Code.	2300

(5) "Person with intellectual disability" means a person	2301
having significantly subaverage general intellectual functioning	2302
existing concurrently with deficiencies in adaptive behavior,	2303
manifested during the developmental period.	2304

(6) "Psychologist" has the same meaning as in section 4732.01	2305
of the Revised Code.	2306

(H) Whenever the term "mentally retarded person" is used in	2307
any statute, rule, contract, grant, or other document, the	2308
reference shall be deemed to include a "person with intellectual	2309
disability," as defined in this section.	2310

Sec. 3107.014.  (A) Except as provided in division (B) of	2311
this section, only an individual who meets all of the following	2312
requirements may perform the duties of an assessor under sections	2313
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,	2314
5103.0324, and 5103.152 of the Revised Code:	2315

(1) The individual must be in the employ of, appointed by, or	2316
under contract with a court, public children services agency,	2317
private child placing agency, or private noncustodial agency;	2318

(2) The individual must be one of the following:

2319

(a) A licensed professional clinical counselor, licensed	2320
professional counselor, independent social worker, social worker,	2321
independent marriage and family therapist, or marriage and family	2322
therapist licensed under Chapter 4757. of the Revised Code;	2323

(b) A psychologist licensed under Chapter 4732. of the	2324
Revised Code;	2325

(c) A student working to earn a four-year, post-secondary	2326
degree, or higher, in a social or behavior science, or both, who	2327
conducts assessor's duties under the supervision of a licensed	2328
professional clinical counselor, licensed professional counselor,	2329
independent social worker, social worker, independent marriage and	2330
family therapist, or marriage and family therapist licensed under	2331
Chapter 4757. of the Revised Code or a psychologist licensed under	2332
Chapter 4732. of the Revised Code. Beginning July 1, 2009, a	2333
student is eligible under this division only if the supervising	2334
licensed professional clinical counselor, licensed professional	2335
counselor, independent social worker, social worker, independent	2336
marriage and family therapist, marriage and family therapist, or	2337
psychologist has completed training in accordance with rules	2338
adopted under section 3107.015 of the Revised Code.	2339

(d) A civil service employee engaging in social work without	2340
a license under Chapter 4757. of the Revised Code, as permitted by	2341
division (A)(5) of section 4757.41 of the Revised Code;	2342

(e) A former employee of a public children services agency	2343
who, while so employed, conducted the duties of an assessor;	2344

(f) An employee of a court or public children services agency	2345
who is employed to conduct the duties of an assessor.	2346

(3) The individual must complete training in accordance with	2347
rules adopted under section 3107.015 of the Revised Code.	2348

(B) An individual in the employ of, appointed by, or under	2349
contract with a court prior to September 18, 1996, to conduct	2350
adoption investigations of prospective adoptive parents may	2351
perform the duties of an assessor under sections 3107.031,	2352
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and	2353
5103.152 of the Revised Code if the individual complies with	2354
division (A)(3) of this section regardless of whether the	2355
individual meets the requirement of division (A)(2) of this	2356
section.	2357

(C) A court, public children services agency, private child	2358
placing agency, or private noncustodial agency may employ,	2359
appoint, or contract with an assessor in the county in which a	2360
petition for adoption is filed and in any other county or location	2361
outside this state where information needed to complete or	2362
supplement the assessor's duties may be obtained. More than one	2363
assessor may be utilized for an adoption.	2364

(D) Not later than January 1, 2008, the department of job and	2365
family services shall develop and maintain an assessor registry.	2366
The registry shall list all individuals who are employed,	2367
appointed by, or under contract with a court, public children	2368
services agency, private child placing agency, or private	2369
noncustodial agency and meet the requirements of an assessor as	2370
described in this section. A public children services agency,	2371
private child placing agency, private noncustodial agency, court,	2372
or any other person may contact the department to determine if an	2373
individual is listed in the assessor registry. An individual	2374
listed in the assessor registry shall immediately inform the	2375
department when that individual is no longer employed, appointed	2376
by, or under contract with a court, public children services	2377
agency, private child placing agency, or private noncustodial	2378
agency to perform the duties of an assessor as described in this	2379
section. The director of job and family services shall adopt rules	2380
in accordance with Chapter 119. of the Revised Code necessary for	2381
the implementation, contents, and maintenance of the registry, and	2382
any sanctions related to the provision of information, or the	2383
failure to provide information, that is needed for the proper	2384
operation of the assessor registry.	2385

Sec. 3701.046. The director of health is authorized to make	2386
grants for women's health services from funds appropriated for	2387
that purpose by the general assembly.	2388

None of the funds received through grants for women's health	2389
services shall be used to provide abortion services. None of the	2390
funds received through these grants shall be used for counseling	2391
for or referrals for abortion, except in the case of a medical	2392
emergency. These funds shall be distributed by the director to	2393
programs that the department of health determines will provide	2394
services that are physically and financially separate from	2395
abortion-providing and abortion-promoting activities, and that do	2396
not include counseling for or referrals for abortion, other than	2397
in the case of medical emergency.	2398

These women's health services include and are limited to the	2399
following: pelvic examinations and laboratory testing; breast	2400
examinations and patient education on breast cancer; screening for	2401
cervical cancer; screening and treatment for sexually transmitted	2402
diseases and HIV screening; voluntary choice of contraception,	2403
including abstinence and natural family planning; patient	2404
education and pre-pregnancy counseling on the dangers of smoking,	2405
alcohol, and drug use during pregnancy; education on sexual	2406
coercion and violence in relationships; and prenatal care or	2407
referral for prenatal care. These health care services shall be	2408
provided in a medical clinic setting by persons authorized under	2409
Chapter. 4731. of the Revised Code to practice medicine and	2410
surgery or osteopathic medicine and surgery; authorized under	2411
Chapter 4730. of the Revised Code to practice as a physician	2412
assistant; licensed under Chapter 4723. of the Revised Code as a	2413
registered nurse or licensed practical nurse; or licensed under	2414
Chapter 4757. of the Revised Code as a social worker, independent	2415
social worker, licensed professional clinical counselor, or	2416
licensed professional counselor.	2417

The director shall adopt rules under Chapter 119. of the	2418
Revised Code specifying reasonable eligibility standards that must	2419
be met to receive the state funding and provide reasonable methods	2420
by which a grantee wishing to be eligible for federal funding may	2421
comply with these requirements for state funding without losing	2422
its eligibility for federal funding.	2423

Each applicant for these funds shall provide sufficient	2424
assurance to the director of all of the following:	2425

(A) The program shall not discriminate in the provision of	2426
services based on an individual's religion, race, national origin,	2427
handicapping condition, age, sex, number of pregnancies, or	2428
marital status;	2429

(B) The program shall provide services without subjecting	2430
individuals to any coercion to accept services or to employ any	2431
particular methods of family planning;	2432

(C) Acceptance of services shall be solely on a voluntary	2433
basis and may not be made a prerequisite to eligibility for, or	2434
receipt of, any other service, assistance from, or participation	2435
in, any other program of the service provider;	2436

(D) Any charges for services provided by the program shall be	2437
based on the patient's ability to pay and priority in the	2438
provision of services shall be given to persons from low-income	2439
families.	2440

In distributing these grant funds, the director shall give	2441
priority to grant requests from local departments of health for	2442
women's health services to be provided directly by personnel of	2443
the local department of health. The director shall issue a single	2444
request for proposals for all grants for women's health services.	2445
The director shall send a notification of this request for	2446
proposals to every local department of health in this state and	2447
shall place a notification on the department's web site. The	2448
director shall allow at least thirty days after issuing this	2449
notification before closing the period to receive applications.	2450

After the closing date for receiving grant applications, the	2451
director shall first consider grant applications from local	2452
departments of health that apply for grants for women's health	2453
services to be provided directly by personnel of the local	2454
department of health. Local departments of health that apply for	2455
grants for women's health services to be provided directly by	2456
personnel of the local department of health need not provide all	2457
the listed women's health services in order to qualify for a	2458
grant. However, in prioritizing awards among local departments of	2459
health that qualify for funding under this paragraph, the director	2460
may consider, among other reasonable factors, the	2461
comprehensiveness of the women's health services to be offered,	2462
provided that no local department of health shall be discriminated	2463
against in the process of awarding these grant funds because the	2464
applicant does not provide contraception.	2465

If funds remain after awarding grants to all local	2466
departments of health that qualify for the priority, the director	2467
may make grants to other applicants. Awards to other applicants	2468
may be made to those applicants that will offer all eight of the	2469
listed women's health services or that will offer all of the	2470
services except contraception. No applicant shall be discriminated	2471
against in the process of awarding these grant funds because the	2472
applicant does not provide contraception.	2473

Sec. 3701.74.  (A) As used in this section and section	2474
3701.741 of the Revised Code:	2475

(1) "Ambulatory care facility" means a facility that provides	2476
medical, diagnostic, or surgical treatment to patients who do not	2477
require hospitalization, including a dialysis center, ambulatory	2478
surgical facility, cardiac catheterization facility, diagnostic	2479
imaging center, extracorporeal shock wave lithotripsy center, home	2480
health agency, inpatient hospice, birthing center, radiation	2481
therapy center, emergency facility, and an urgent care center.	2482
"Ambulatory care facility" does not include the private office of	2483
a physician or dentist, whether the office is for an individual or	2484
group practice.	2485

(2) "Chiropractor" means an individual licensed under Chapter	2486
4734. of the Revised Code to practice chiropractic.	2487

(3) "Emergency facility" means a hospital emergency	2488
department or any other facility that provides emergency medical	2489
services.	2490

(4) "Health care practitioner" means all of the following:

2491

(a) A dentist or dental hygienist licensed under Chapter	2492
4715. of the Revised Code;	2493

(b) A registered or licensed practical nurse licensed under	2494
Chapter 4723. of the Revised Code;	2495

(c) An optometrist licensed under Chapter 4725. of the	2496
Revised Code;	2497

(d) A dispensing optician, spectacle dispensing optician,	2498
contact lens dispensing optician, or spectacle-contact lens	2499
dispensing optician licensed under Chapter 4725. of the Revised	2500
Code;	2501

(e) A pharmacist licensed under Chapter 4729. of the Revised	2502
Code;	2503

(f) A physician;

2504

(g) A physician assistant authorized under Chapter 4730. of	2505
the Revised Code to practice as a physician assistant;	2506

(h) A practitioner of a limited branch of medicine issued a	2507
certificate under Chapter 4731. of the Revised Code;	2508

(i) A psychologist licensed under Chapter 4732. of the	2509
Revised Code;	2510

(j) A chiropractor;

2511

(k) A hearing aid dealer or fitter licensed under Chapter	2512
4747. of the Revised Code;	2513

(l) A speech-language pathologist or audiologist licensed	2514
under Chapter 4753. of the Revised Code;	2515

(m) An occupational therapist or occupational therapy	2516
assistant licensed under Chapter 4755. of the Revised Code;	2517

(n) A physical therapist or physical therapy assistant	2518
licensed under Chapter 4755. of the Revised Code;	2519

(o) A licensed professional clinical counselor, licensed	2520
professional counselor, social worker, or independent social	2521
worker, independent marriage and family therapist, or marriage and	2522
family therapist licensed, or a social work assistant registered,	2523
under Chapter 4757. of the Revised Code;	2524

(p) A dietitian licensed under Chapter 4759. of the Revised	2525
Code;	2526

(q) A respiratory care professional licensed under Chapter	2527
4761. of the Revised Code;	2528

(r) An emergency medical technician-basic, emergency medical	2529
technician-intermediate, or emergency medical technician-paramedic	2530
certified under Chapter 4765. of the Revised Code.	2531

(5) "Health care provider" means a hospital, ambulatory care	2532
facility, long-term care facility, pharmacy, emergency facility,	2533
or health care practitioner.	2534

(6) "Hospital" has the same meaning as in section 3727.01 of	2535
the Revised Code.	2536

(7) "Long-term care facility" means a nursing home,	2537
residential care facility, or home for the aging, as those terms	2538
are defined in section 3721.01 of the Revised Code; a residential	2539
facility licensed under section 5119.34 of the Revised Code that	2540
provides accommodations, supervision, and personal care services	2541
for three to sixteen unrelated adults; a nursing facility, as	2542
defined in section 5165.01 of the Revised Code; a skilled nursing	2543
facility, as defined in section 5165.01 of the Revised Code; and	2544
an intermediate care facility for individuals with intellectual	2545
disabilities, as defined in section 5124.01 of the Revised Code.	2546

(8) "Medical record" means data in any form that pertains to	2547
a patient's medical history, diagnosis, prognosis, or medical	2548
condition and that is generated and maintained by a health care	2549
provider in the process of the patient's health care treatment.	2550

(9) "Medical records company" means a person who stores,	2551
locates, or copies medical records for a health care provider, or	2552
is compensated for doing so by a health care provider, and charges	2553
a fee for providing medical records to a patient or patient's	2554
representative.	2555

(10) "Patient" means either of the following:

2556

(a) An individual who received health care treatment from a	2557
health care provider;	2558

(b) A guardian, as defined in section 1337.11 of the Revised	2559
Code, of an individual described in division (A)(10)(a) of this	2560
section.	2561

(11) "Patient's personal representative" means a minor	2562
patient's parent or other person acting in loco parentis, a	2563
court-appointed guardian, or a person with durable power of	2564
attorney for health care for a patient, the executor or	2565
administrator of the patient's estate, or the person responsible	2566
for the patient's estate if it is not to be probated. "Patient's	2567
personal representative" does not include an insurer authorized	2568
under Title XXXIX of the Revised Code to do the business of	2569
sickness and accident insurance in this state, a health insuring	2570
corporation holding a certificate of authority under Chapter 1751.	2571
of the Revised Code, or any other person not named in this	2572
division.	2573

(12) "Pharmacy" has the same meaning as in section 4729.01 of	2574
the Revised Code.	2575

(13) "Physician" means a person authorized under Chapter	2576
4731. of the Revised Code to practice medicine and surgery,	2577
osteopathic medicine and surgery, or podiatric medicine and	2578
surgery.	2579

(14) "Authorized person" means a person to whom a patient has	2580
given written authorization to act on the patient's behalf	2581
regarding the patient's medical record.	2582

(B) A patient, a patient's personal representative, or an	2583
authorized person who wishes to examine or obtain a copy of part	2584
or all of a medical record shall submit to the health care	2585
provider a written request signed by the patient, personal	2586
representative, or authorized person dated not more than one year	2587
before the date on which it is submitted. The request shall	2588
indicate whether the copy is to be sent to the requestor,	2589
physician or chiropractor, or held for the requestor at the office	2590
of the health care provider. Within a reasonable time after	2591
receiving a request that meets the requirements of this division	2592
and includes sufficient information to identify the record	2593
requested, a health care provider that has the patient's medical	2594
records shall permit the patient to examine the record during	2595
regular business hours without charge or, on request, shall	2596
provide a copy of the record in accordance with section 3701.741	2597
of the Revised Code, except that if a physician, psychologist,	2598
licensed professional clinical counselor, licensed professional	2599
counselor, independent social worker, social worker, independent	2600
marriage and family therapist, marriage and family therapist, or	2601
chiropractor who has treated the patient determines for clearly	2602
stated treatment reasons that disclosure of the requested record	2603
is likely to have an adverse effect on the patient, the health	2604
care provider shall provide the record to a physician,	2605
psychologist, licensed professional clinical counselor, licensed	2606
professional counselor, independent social worker, social worker,	2607
independent marriage and family therapist, marriage and family	2608
therapist, or chiropractor designated by the patient. The health	2609
care provider shall take reasonable steps to establish the	2610
identity of the person making the request to examine or obtain a	2611
copy of the patient's record.	2612

(C) If a health care provider fails to furnish a medical	2613
record as required by division (B) of this section, the patient,	2614
personal representative, or authorized person who requested the	2615
record may bring a civil action to enforce the patient's right of	2616
access to the record.	2617

(D)(1) This section does not apply to medical records whose	2618
release is covered by section 173.20 or 3721.13 of the Revised	2619
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	2620
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	2621
Records," or by 42 C.F.R. 483.10.	2622

(2) Nothing in this section is intended to supersede the	2623
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	2624
and 2305.252 of the Revised Code.	2625

Sec. 3709.161.  (A) The board of health of a city or general	2626
health district may procure a policy or policies of insurance	2627
insuring the members of the board, the health commissioner, and	2628
the employees of the board against liability on account of damage	2629
or injury to persons and property resulting from any act or	2630
omission that occurs in the individual's official capacity as a	2631
member or employee of the board or resulting solely out of such	2632
membership or employment.	2633

(B)(1) As used in this division, "health care professional"	2634
means all of the following:	2635

(a) A dentist or dental hygienist licensed under Chapter	2636
4715. of the Revised Code;	2637

(b) A registered nurse or licensed practical nurse licensed	2638
under Chapter 4723. of the Revised Code;	2639

(c) A person licensed under Chapter 4729. of the Revised Code	2640
to practice as a pharmacist;	2641

(d) A person authorized under Chapter 4730. of the Revised	2642
Code to practice as a physician assistant;	2643

(e) A person authorized under Chapter 4731. of the Revised	2644
Code to practice medicine and surgery, osteopathic medicine and	2645
surgery, or podiatry;	2646

(f) A psychologist licensed under Chapter 4732. of the	2647
Revised Code;	2648

(g) A veterinarian licensed under Chapter 4741. of the	2649
Revised Code;	2650

(h) A speech-language pathologist or audiologist licensed	2651
under Chapter 4753. of the Revised Code;	2652

(i) An occupational therapist, physical therapist, physical	2653
therapist assistant, or athletic trainer licensed under Chapter	2654
4755. of the Revised Code;	2655

(j) A licensed professional clinical counselor, licensed	2656
professional counselor, independent social worker, or social	2657
worker licensed under Chapter 4757. of the Revised Code;	2658

(k) A dieticiandietitian licensed under Chapter 4759. of the	2659
Revised Code.	2660

(2) The board of health of a city or general health district	2661
may purchase liability insurance for a health care professional	2662
with whom the board contracts for the provision of health care	2663
services against liability on account of damage or injury to	2664
persons and property arising from the health care professional's	2665
performance of services under the contract. The policy shall be	2666
purchased from an insurance company licensed to do business in	2667
this state, if such a policy is available from such a company. The	2668
board of health of a city or general health district shall report	2669
the cost of the liability insurance policy and subsequent	2670
increases in the cost to the director of health on a form	2671
prescribed by the director.	2672

Sec. 3721.21.  As used in sections 3721.21 to 3721.34 of the	2673
Revised Code:	2674

(A) "Long-term care facility" means either of the following:

2675

(1) A nursing home as defined in section 3721.01 of the	2676
Revised Code;	2677

(2) A facility or part of a facility that is certified as a	2678
skilled nursing facility or a nursing facility under Title XVIII	2679
or XIX of the "Social Security Act."	2680

(B) "Residential care facility" has the same meaning as in	2681
section 3721.01 of the Revised Code.	2682

(C) "Abuse" means knowingly causing physical harm or	2683
recklessly causing serious physical harm to a resident by physical	2684
contact with the resident or by use of physical or chemical	2685
restraint, medication, or isolation as punishment, for staff	2686
convenience, excessively, as a substitute for treatment, or in	2687
amounts that preclude habilitation and treatment.	2688

(D) "Neglect" means recklessly failing to provide a resident	2689
with any treatment, care, goods, or service necessary to maintain	2690
the health or safety of the resident when the failure results in	2691
serious physical harm to the resident. "Neglect" does not include	2692
allowing a resident, at the resident's option, to receive only	2693
treatment by spiritual means through prayer in accordance with the	2694
tenets of a recognized religious denomination.	2695

(E) "Misappropriation" means depriving, defrauding, or	2696
otherwise obtaining the real or personal property of a resident by	2697
any means prohibited by the Revised Code, including violations of	2698
Chapter 2911. or 2913. of the Revised Code.	2699

(F) "Resident" includes a resident, patient, former resident	2700
or patient, or deceased resident or patient of a long-term care	2701
facility or a residential care facility.	2702

(G) "Physical restraint" has the same meaning as in section	2703
3721.10 of the Revised Code.	2704

(H) "Chemical restraint" has the same meaning as in section	2705
3721.10 of the Revised Code.	2706

(I) "Nursing and nursing-related services" means the personal	2707
care services and other services not constituting skilled nursing	2708
care that are specified in rules the director of health shall	2709
adopt in accordance with Chapter 119. of the Revised Code.	2710

(J) "Personal care services" has the same meaning as in	2711
section 3721.01 of the Revised Code.	2712

(K)(1) Except as provided in division (K)(2) of this section,	2713
"nurse aide" means an individual who provides nursing and	2714
nursing-related services to residents in a long-term care	2715
facility, either as a member of the staff of the facility for	2716
monetary compensation or as a volunteer without monetary	2717
compensation.	2718

(2) "Nurse aide" does not include either of the following:

2719

(a) A licensed health professional practicing within the	2720
scope of the professional's license;	2721

(b) An individual providing nursing and nursing-related	2722
services in a religious nonmedical health care institution, if the	2723
individual has been trained in the principles of nonmedical care	2724
and is recognized by the institution as being competent in the	2725
administration of care within the religious tenets practiced by	2726
the residents of the institution.	2727

(L) "Licensed health professional" means all of the	2728
following:	2729

(1) An occupational therapist or occupational therapy	2730
assistant licensed under Chapter 4755. of the Revised Code;	2731

(2) A physical therapist or physical therapy assistant	2732
licensed under Chapter 4755. of the Revised Code;	2733

(3) A physician authorized under Chapter 4731. of the Revised	2734
Code to practice medicine and surgery, osteopathic medicine and	2735
surgery, or podiatry;	2736

(4) A physician assistant authorized under Chapter 4730. of	2737
the Revised Code to practice as a physician assistant;	2738

(5) A registered nurse or licensed practical nurse licensed	2739
under Chapter 4723. of the Revised Code;	2740

(6) A social worker or independent social worker licensed	2741
under Chapter 4757. of the Revised Code or a social work assistant	2742
registered under that chapter;	2743

(7) A speech-language pathologist or audiologist licensed	2744
under Chapter 4753. of the Revised Code;	2745

(8) A dentist or dental hygienist licensed under Chapter	2746
4715. of the Revised Code;	2747

(9) An optometrist licensed under Chapter 4725. of the	2748
Revised Code;	2749

(10) A pharmacist licensed under Chapter 4729. of the Revised	2750
Code;	2751

(11) A psychologist licensed under Chapter 4732. of the	2752
Revised Code;	2753

(12) A chiropractor licensed under Chapter 4734. of the	2754
Revised Code;	2755

(13) A nursing home administrator licensed or temporarily	2756
licensed under Chapter 4751. of the Revised Code;	2757

(14) A licensed professional counselor or licensed	2758
professional clinical counselor licensed under Chapter 4757. of	2759
the Revised Code;	2760

(15) A marriage and family therapist or independent marriage	2761
and family therapist licensed under Chapter 4757. of the Revised	2762
Code.	2763

(M) "Religious nonmedical health care institution" means an	2764
institution that meets or exceeds the conditions to receive	2765
payment under the medicare program established under Title XVIII	2766
of the "Social Security Act" for inpatient hospital services or	2767
post-hospital extended care services furnished to an individual in	2768
a religious nonmedical health care institution, as defined in	2769
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	2770
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	2771

(N) "Competency evaluation program" means a program through	2772
which the competency of a nurse aide to provide nursing and	2773
nursing-related services is evaluated.	2774

(O) "Training and competency evaluation program" means a	2775
program of nurse aide training and evaluation of competency to	2776
provide nursing and nursing-related services.	2777

Sec. 3923.28.  (A) Every policy of group sickness and	2778
accident insurance providing hospital, surgical, or medical	2779
expense coverage for other than specific diseases or accidents	2780
only, and delivered, issued for delivery, or renewed in this state	2781
on or after January 1, 1979, and that provides coverage for mental	2782
or emotional disorders, shall provide benefits for services on an	2783
outpatient basis for each eligible person under the policy who	2784
resides in this state for mental or emotional disorders, or for	2785
evaluations, that are at least equal to five hundred fifty dollars	2786
in any calendar year or twelve-month period. The	2787

(1) The services shall be legally performed by or under the	2788
clinical supervision of aany of the following:	2789

(a) A physician authorized under Chapter 4731. of the Revised	2790
Code to practice medicine and surgery or osteopathic medicine and	2791
surgery; a	2792

(b) A psychologist licensed under Chapter 4732. of the	2793
Revised Code; a	2794

(c) A licensed professional clinical counselor, licensed	2795
professional counselor, or independent social worker, or	2796
independent marriage and family therapist licensed under Chapter	2797
4757. of the Revised Code; or a	2798

(d) A clinical nurse specialist or certified nurse	2799
practitioner licensed under Chapter 4723. of the Revised Code	2800
whose nursing specialty is mental health, whether.	2801

(2) The services may be performed in an office, in a	2802
hospital, or in a community mental health facility so long as the	2803
hospital or community mental health facility is approved by the	2804
joint commission on accreditation of healthcare organizations, the	2805
council on accreditation for children and family services, or the	2806
commission on accreditation of rehabilitation accreditation	2807
commissionfacilities.	2808

(B) Outpatient benefits offered under division (A) of this	2809
section shall be subject to reasonable contract limitations and	2810
may be subject to reasonable deductibles and co-insurance costs.	2811
Persons entitled to such benefit under more than one service or	2812
insurance contract may be limited to a single	2813
five-hundred-fifty-dollar outpatient benefit for services under	2814
all contracts.	2815

(C) In order to qualify for participation under division (A)	2816
of this section, every facility specified in such division shall	2817
have in effect a plan for utilization review and a plan for peer	2818
review and every person specified in such division shall have in	2819
effect a plan for peer review. Such plans shall have the purpose	2820
of ensuring high quality patient care and effective and efficient	2821
utilization of available health facilities and services.	2822

(D) Nothing in this section shall be construed to require an	2823
insurer to pay benefits which are greater than usual, customary,	2824
and reasonable.	2825

(E)(1) Services performed under the clinical supervision of a	2826
health care professional identified in division (A)(1) of this	2827
section, in order to be reimbursable under the coverage required	2828
in division (A) of this section, shall meet both of the following	2829
requirements:	2830

(a) The services shall be performed in accordance with a	2831
treatment plan that describes the expected duration, frequency,	2832
and type of services to be performed;	2833

(b) The plan shall be reviewed and approved by the health	2834
care professional every three months.	2835

(2) Payment of benefits for services reimbursable under	2836
division (E)(1) of this section shall not be restricted to	2837
services described in the treatment plan or conditioned upon	2838
standards of clinical supervision that are more restrictive than	2839
standards of a health care professional described in division	2840
(A)(1) of this section, which at least equal the requirements of	2841
division (E)(1) of this section.	2842

(F) The benefits provided by this section for mental and	2843
emotional disorders shall not be reduced by the cost of benefits	2844
provided pursuant to section 3923.281 of the Revised Code for	2845
diagnostic and treatment services for biologically based mental	2846
illnesses. This section does not apply to benefits for diagnostic	2847
and treatment services for biologically based mental illnesses.	2848

Sec. 3923.281.  (A) As used in this section:

2849

(1) "Biologically based mental illness" means schizophrenia,	2850
schizoaffective disorder, major depressive disorder, bipolar	2851
disorder, paranoia and other psychotic disorders,	2852
obsessive-compulsive disorder, and panic disorder, as these terms	2853
are defined in the most recent edition of the diagnostic and	2854
statistical manual of mental disorders published by the American	2855
psychiatric association.	2856

(2) "Policy of sickness and accident insurance" has the same	2857
meaning as in section 3923.01 of the Revised Code, but excludes	2858
any hospital indemnity, medicare supplement, long-term care,	2859
disability income, one-time-limited-duration policy of not longer	2860
than six months, supplemental benefit, or other policy that	2861
provides coverage for specific diseases or accidents only; any	2862
policy that provides coverage for workers' compensation claims	2863
compensable pursuant to Chapters 4121. and 4123. of the Revised	2864
Code; and any policy that provides coverage to medicaid	2865
recipients.	2866

(B) Notwithstanding section 3901.71 of the Revised Code, and	2867
subject to division (E) of this section, every policy of sickness	2868
and accident insurance shall provide benefits for the diagnosis	2869
and treatment of biologically based mental illnesses on the same	2870
terms and conditions as, and shall provide benefits no less	2871
extensive than, those provided under the policy of sickness and	2872
accident insurance for the treatment and diagnosis of all other	2873
physical diseases and disorders, if both of the following apply:	2874

(1) The biologically based mental illness is clinically	2875
diagnosed by a physician authorized under Chapter 4731. of the	2876
Revised Code to practice medicine and surgery or osteopathic	2877
medicine and surgery; a psychologist licensed under Chapter 4732.	2878
of the Revised Code; a licensed professional clinical counselor,	2879
licensed professional counselor, or independent social worker, or	2880
independent marriage and family therapist licensed under Chapter	2881
4757. of the Revised Code; or a clinical nurse specialist or	2882
certified nurse practitioner licensed under Chapter 4723. of the	2883
Revised Code whose nursing specialty is mental health.	2884

(2) The prescribed treatment is not experimental or	2885
investigational, having proven its clinical effectiveness in	2886
accordance with generally accepted medical standards.	2887

(C) Division (B) of this section applies to all coverages and	2888
terms and conditions of the policy of sickness and accident	2889
insurance, including, but not limited to, coverage of inpatient	2890
hospital services, outpatient services, and medication; maximum	2891
lifetime benefits; copayments; and individual and family	2892
deductibles.	2893

(D) Nothing in this section shall be construed as prohibiting	2894
a sickness and accident insurance company from taking any of the	2895
following actions:	2896

(1) Negotiating separately with mental health care providers	2897
with regard to reimbursement rates and the delivery of health care	2898
services;	2899

(2) Offering policies that provide benefits solely for the	2900
diagnosis and treatment of biologically based mental illnesses;	2901

(3) Managing the provision of benefits for the diagnosis or	2902
treatment of biologically based mental illnesses through the use	2903
of pre-admission screening, by requiring beneficiaries to obtain	2904
authorization prior to treatment, or through the use of any other	2905
mechanism designed to limit coverage to that treatment determined	2906
to be necessary;	2907

(4) Enforcing the terms and conditions of a policy of	2908
sickness and accident insurance.	2909

(E) An insurer that offers any policy of sickness and	2910
accident insurance is not required to provide benefits for the	2911
diagnosis and treatment of biologically based mental illnesses	2912
pursuant to division (B) of this section if all of the following	2913
apply:	2914

(1) The insurer submits documentation certified by an	2915
independent member of the American academy of actuaries to the	2916
superintendent of insurance showing that incurred claims for	2917
diagnostic and treatment services for biologically based mental	2918
illnesses for a period of at least six months independently caused	2919
the insurer's costs for claims and administrative expenses for the	2920
coverage of all other physical diseases and disorders to increase	2921
by more than one per cent per year.	2922

(2) The insurer submits a signed letter from an independent	2923
member of the American academy of actuaries to the superintendent	2924
of insurance opining that the increase described in division	2925
(E)(1) of this section could reasonably justify an increase of	2926
more than one per cent in the annual premiums or rates charged by	2927
the insurer for the coverage of all other physical diseases and	2928
disorders.	2929

(3) The superintendent of insurance makes the following	2930
determinations from the documentation and opinion submitted	2931
pursuant to divisions (E)(1) and (2) of this section:	2932

(a) Incurred claims for diagnostic and treatment services for	2933
biologically based mental illnesses for a period of at least six	2934
months independently caused the insurer's costs for claims and	2935
administrative expenses for the coverage of all other physical	2936
diseases and disorders to increase by more than one per cent per	2937
year.	2938

(b) The increase in costs reasonably justifies an increase of	2939
more than one per cent in the annual premiums or rates charged by	2940
the insurer for the coverage of all other physical diseases and	2941
disorders.	2942

Any determination made by the superintendent under this	2943
division is subject to Chapter 119. of the Revised Code.	2944

Sec. 3923.282. (A) As used in this section:

2945

(1) "Biologically based mental illness" means schizophrenia,	2946
schizoaffective disorder, major depressive disorder, bipolar	2947
disorder, paranoia and other psychotic disorders,	2948
obsessive-compulsive disorder, and panic disorder, as these terms	2949
are defined in the most recent edition of the diagnostic and	2950
statistical manual of mental disorders published by the American	2951
psychiatric association.	2952

(2) "Plan of health coverage" includes any private or public	2953
employer group self-insurance plan that provides payment for	2954
health care benefits for other than specific diseases or accidents	2955
only, which benefits are not provided by contract with a sickness	2956
and accident insurer or health insuring corporation.	2957

(B) Notwithstanding section 3901.71 of the Revised Code, and	2958
subject to division (F) of this section, each plan of health	2959
coverage shall provide benefits for the diagnosis and treatment of	2960
biologically based mental illnesses on the same terms and	2961
conditions as, and shall provide benefits no less extensive than,	2962
those provided under the plan of health coverage for the treatment	2963
and diagnosis of all other physical diseases and disorders, if	2964
both of the following apply:	2965

(1) The biologically based mental illness is clinically	2966
diagnosed by a physician authorized under Chapter 4731. of the	2967
Revised Code to practice medicine and surgery or osteopathic	2968
medicine and surgery; a psychologist licensed under Chapter 4732.	2969
of the Revised Code; a licensed professional clinical counselor,	2970
licensed professional counselor, or independent social worker, or	2971
independent marriage and family therapist licensed under Chapter	2972
4757. of the Revised Code; or a clinical nurse specialist or	2973
certified nurse practitioner licensed under Chapter 4723. of the	2974
Revised Code whose nursing specialty is mental health.	2975

(2) The prescribed treatment is not experimental or	2976
investigational, having proven its clinical effectiveness in	2977
accordance with generally accepted medical standards.	2978

(C) Division (B) of this section applies to all coverages and	2979
terms and conditions of the plan of health coverage, including,	2980
but not limited to, coverage of inpatient hospital services,	2981
outpatient services, and medication; maximum lifetime benefits;	2982
copayments; and individual and family deductibles.	2983

(D) This section does not apply to a plan of health coverage	2984
if federal law supersedes, preempts, prohibits, or otherwise	2985
precludes its application to such plans. This section does not	2986
apply to long-term care, hospital indemnity, disability income, or	2987
medicare supplement plans of health coverage, or to any other	2988
supplemental benefit plans of health coverage.	2989

(E) Nothing in this section shall be construed as prohibiting	2990
an employer from taking any of the following actions in connection	2991
with a plan of health coverage:	2992

(1) Negotiating separately with mental health care providers	2993
with regard to reimbursement rates and the delivery of health care	2994
services;	2995

(2) Managing the provision of benefits for the diagnosis or	2996
treatment of biologically based mental illnesses through the use	2997
of pre-admission screening, by requiring beneficiaries to obtain	2998
authorization prior to treatment, or through the use of any other	2999
mechanism designed to limit coverage to that treatment determined	3000
to be necessary;	3001

(3) Enforcing the terms and conditions of a plan of health	3002
coverage.	3003

(F) An employer that offers a plan of health coverage is not	3004
required to provide benefits for the diagnosis and treatment of	3005
biologically based mental illnesses in combination with benefits	3006
for the treatment and diagnosis of all other physical diseases and	3007
disorders as described in division (B) of this section if both of	3008
the following apply:	3009

(1) The employer submits documentation certified by an	3010
independent member of the American academy of actuaries to the	3011
superintendent of insurance showing that incurred claims for	3012
diagnostic and treatment services for biologically based mental	3013
illnesses for a period of at least six months independently caused	3014
the employer's costs for claims and administrative expenses for	3015
the coverage of all other physical diseases and disorders to	3016
increase by more than one per cent per year.	3017

(2) The superintendent of insurance determines from the	3018
documentation and opinion submitted pursuant to division (F) of	3019
this section, that incurred claims for diagnostic and treatment	3020
services for biologically based mental illnesses for a period of	3021
at least six months independently caused the employer's costs for	3022
claims and administrative expenses for the coverage of all other	3023
physical diseases and disorders to increase by more than one per	3024
cent per year.	3025

Any determination made by the superintendent under this	3026
division is subject to Chapter 119. of the Revised Code.	3027

Sec. 3923.29.  (A)(1) Every policy of group sickness and	3028
accident insurance providing hospital, surgical, or medical	3029
expense coverage for other than specific diseases or accidents	3030
only, and delivered, issued for delivery, or renewed in this state	3031
on or after January 1, 1979, shall provide for each eligible	3032
person under the policy who resides in this state, outpatient,	3033
inpatient, and intermediate primary care benefits for alcoholism	3034
that are at least equal to five hundred fifty dollars in any	3035
calendar year or twelve-month period. The	3036

(2) The services shall be legally performed by or under the	3037
clinical supervision of a licensed physician or a licensed	3038
psychologist, whetherany of the following:	3039

(a) A physician authorized under Chapter 4731. of the Revised	3040
Code to practice medicine and surgery or osteopathic medicine and	3041
surgery;	3042

(b) A psychologist licensed under Chapter 4732. of the	3043
Revised Code;	3044

(c) A licensed professional clinical counselor, licensed	3045
professional counselor, independent social worker, or independent	3046
marriage and family therapist licensed under Chapter 4757. of the	3047
Revised Code whose practice includes chemical dependency	3048
counseling;	3049

(d) An independent chemical dependency counselor licensed	3050
under Chapter 4758. of the Revised Code;	3051

(e) A clinical nurse specialist or certified nurse	3052
practitioner licensed under Chapter 4723. of the Revised Code	3053
whose nursing specialty is mental health.	3054

(3) The services may be performed in an office, in a	3055
hospital, in a community mental health facility, or in an	3056
alcoholism treatment facility so long as the hospital, community	3057
mental health facility, or alcoholism treatment facility is	3058
approved by the joint commission on accreditation of hospitals,	3059
the council on accreditation, or the commission on accreditation	3060
of rehabilitation facilities or certified by the department of	3061
mental health and addiction services.	3062

(B) The benefits mandated by division (A) of this section	3063
shall be subject to reasonable contract limitations and may be	3064
subject to reasonable deductibles and co-insurance costs. Persons	3065
entitled to such benefit under more than one service or insurance	3066
contract may be limited to a single five hundred fifty dollar	3067
benefit for services under all contracts.	3068

(C) For an eligible person, who receives treatment for	3069
alcoholism from an approved or certified alcoholism treatment	3070
facility, to remain entitled to the benefits mandated by division	3071
(A) of this section, a licensed physician or a licensed	3072
psychologisthealth care professional identified in division	3073
(A)(2) of this section shall every three months certify that such	3074
person needs to continue utilizing such treatment.	3075

(D) In order to qualify for participation under division (A)	3076
of this section, every facility specified in such division shall	3077
have in effect a plan for utilization review and a plan for peer	3078
review and every person specified in such division shall have in	3079
effect a plan for peer review. Such plans shall have the purpose	3080
of ensuring high quality patient care and effective and efficient	3081
utilization of available health facilities and services. Such	3082
person or facility shall also have in effect a program of	3083
rehabilitation or a program of rehabilitation and detoxification.	3084

(E) Nothing in this section shall be construed to require an	3085
insurer to pay benefits which are greater than usual, customary,	3086
and reasonable.	3087

Sec. 3923.30.  Every person, the state and any of its	3088
instrumentalities, any county, township, school district, or other	3089
political subdivisions and any of its instrumentalities, and any	3090
municipal corporation and any of its instrumentalities, which	3091
provides payment for health care benefits for any of its employees	3092
resident in this state, which benefits are not provided by	3093
contract with an insurer qualified to provide sickness and	3094
accident insurance, or a health insuring corporation, shall	3095
include the following benefits in its plan of health care benefits	3096
commencing on or after January 1, 1979:	3097

(A) If such plan of health care benefits provides payment for	3098
the treatment of mental or nervous disorders, then such plan shall	3099
provide benefits for services on an outpatient basis for each	3100
eligible employee and dependent for mental or emotional disorders,	3101
or for evaluations, that are at least equal to the following:	3102

(1) Payments not less than five hundred fifty dollars in a	3103
twelve-month period, for services legally performed by or under	3104
the clinical supervision of aany of the following:	3105

(a) A physician authorized under Chapter 4731. of the Revised	3106
Code to practice medicine and surgery or osteopathic medicine and	3107
surgery; a	3108

(b) A psychologist licensed under Chapter 4732. of the	3109
Revised Code; a	3110

(c) A licensed professional clinical counselor, licensed	3111
professional counselor, or independent social worker, or	3112
independent marriage and family therapist licensed under Chapter	3113
4757. of the Revised Code; or a	3114

(d) An independent chemical dependency counselor licensed	3115
under Chapter 4758. of the Revised Code;	3116

(e) A clinical nurse specialist or certified nurse	3117
practitioner licensed under Chapter 4723. of the Revised Code	3118
whose nursing specialty is mental health, whether.	3119

The services may be performed in an office, in a hospital, or	3120
in a community mental health facility, or in an alcoholism	3121
treatment facility so long as the hospital or, community mental	3122
health facility, or alcoholism treatment facility is approved by	3123
the joint commission on accreditation of healthcare organizations,	3124
the council on accreditation for children and family services, or	3125
the commission on accreditation of rehabilitation accreditation	3126
commissionfacilities or certified by the department of mental	3127
health and addiction services;	3128

(2) Such benefit shall be subject to reasonable limitations,	3129
and may be subject to reasonable deductibles and co-insurance	3130
costs.	3131

(3) In order to qualify for participation under this	3132
division, every facility specified in this division shall have in	3133
effect a plan for utilization review and a plan for peer review	3134
and every person specified in this division shall have in effect a	3135
plan for peer review. Such plans shall have the purpose of	3136
ensuring high quality patient care and effective and efficient	3137
utilization of available health facilities and services.	3138

(4) Such payment for benefits shall not be greater than	3139
usual, customary, and reasonable.	3140

(5)(a) Services performed by or under the clinical	3141
supervision of a health care professional identified in division	3142
(A)(1) of this section, in order to be reimbursable under the	3143
coverage required in division (A) of this section, shall meet both	3144
of the following requirements:	3145

(i) The services shall be performed in accordance with a	3146
treatment plan that describes the expected duration, frequency,	3147
and type of services to be performed;	3148

(ii) The plan shall be reviewed and approved by the health	3149
care professional every three months.	3150

(b) Payment of benefits for services reimbursable under	3151
division (A)(5)(a) of the section shall not be restricted to	3152
services described in the treatment plan or conditioned upon	3153
standards of a licensed physician or licensed psychologist, which	3154
at least equal the requirements of division (A)(5)(a) of this	3155
section.	3156

(B) Payment for benefits for alcoholism treatment for	3157
outpatient, inpatient, and intermediate primary care for each	3158
eligible employee and dependent that are at least equal to the	3159
following:	3160

(1) Payments not less than five hundred fifty dollars in a	3161
twelve-month period for services legally performed by or under the	3162
clinical supervision of a health care professional identified in	3163
division (A)(1) of this section, whether performed in an office,	3164
or in a hospital or, in a community mental health facility, or in	3165
an alcoholism treatment facility so long as the hospital,	3166
community mental health facility, or alcoholism treatment facility	3167
is approved by the joint commission on accreditation of hospitals,	3168
the council on accreditation, or the commission on accreditation	3169
of rehabilitation facilities or certified by the department of	3170
mental health and addiction services;	3171

(2) The benefits provided under this division shall be	3172
subject to reasonable limitations and may be subject to reasonable	3173
deductibles and co-insurance costs.	3174

(3) A health care professional shall every three months	3175
certify a patient's need for continued services performed by such	3176
facilities.	3177

(4) In order to qualify for participation under this	3178
division, every facility specified in this division shall have in	3179
effect a plan for utilization review and a plan for peer review	3180
and every person specified in this division shall have in effect a	3181
plan for peer review. Such plans shall have the purpose of	3182
ensuring high quality patient care and efficient utilization of	3183
available health facilities and services. Such person or	3184
facilities shall also have in effect a program of rehabilitation	3185
or a program of rehabilitation and detoxification.	3186

(5) Nothing in this section shall be construed to require	3187
reimbursement for benefits which is greater than usual, customary,	3188
and reasonable.	3189

(C) The benefits provided by division (A) of this section for	3190
mental and emotional disorders shall not be reduced by the cost of	3191
benefits provided pursuant to section 3923.282 of the Revised Code	3192
for diagnostic and treatment services for biologically based	3193
mental illness. This section does not apply to benefits for	3194
diagnostic and treatment services for biologically based mental	3195
illnesses.	3196

Sec. 3963.01. As used in this chapter:

3197

(A) "Affiliate" means any person or entity that has ownership	3198
or control of a contracting entity, is owned or controlled by a	3199
contracting entity, or is under common ownership or control with a	3200
contracting entity.	3201

(B) "Basic health care services" has the same meaning as in	3202
division (A) of section 1751.01 of the Revised Code, except that	3203
it does not include any services listed in that division that are	3204
provided by a pharmacist or nursing home.	3205

(C) "Contracting entity" means any person that has a primary	3206
business purpose of contracting with participating providers for	3207
the delivery of health care services.	3208

(D) "Credentialing" means the process of assessing and	3209
validating the qualifications of a provider applying to be	3210
approved by a contracting entity to provide basic health care	3211
services, specialty health care services, or supplemental health	3212
care services to enrollees.	3213

(E) "Edit" means adjusting one or more procedure codes billed	3214
by a participating provider on a claim for payment or a practice	3215
that results in any of the following:	3216

(1) Payment for some, but not all of the procedure codes	3217
originally billed by a participating provider;	3218

(2) Payment for a different procedure code than the procedure	3219
code originally billed by a participating provider;	3220

(3) A reduced payment as a result of services provided to an	3221
enrollee that are claimed under more than one procedure code on	3222
the same service date.	3223

(F) "Electronic claims transport" means to accept and	3224
digitize claims or to accept claims already digitized, to place	3225
those claims into a format that complies with the electronic	3226
transaction standards issued by the United States department of	3227
health and human services pursuant to the "Health Insurance	3228
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	3229
U.S.C. 1320d, et seq., as those electronic standards are	3230
applicable to the parties and as those electronic standards are	3231
updated from time to time, and to electronically transmit those	3232
claims to the appropriate contracting entity, payer, or	3233
third-party administrator.	3234

(G) "Enrollee" means any person eligible for health care	3235
benefits under a health benefit plan, including an eligible	3236
recipient of medicaid, and includes all of the following terms:	3237

(1) "Enrollee" and "subscriber" as defined by section 1751.01	3238
of the Revised Code;	3239

(2) "Member" as defined by section 1739.01 of the Revised	3240
Code;	3241

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	3242
the Revised Code;	3243

(4) "Beneficiary" as defined by section 3901.38 of the	3244
Revised Code.	3245

(H) "Health care contract" means a contract entered into,	3246
materially amended, or renewed between a contracting entity and a	3247
participating provider for the delivery of basic health care	3248
services, specialty health care services, or supplemental health	3249
care services to enrollees.	3250

(I) "Health care services" means basic health care services,	3251
specialty health care services, and supplemental health care	3252
services.	3253

(J) "Material amendment" means an amendment to a health care	3254
contract that decreases the participating provider's payment or	3255
compensation, changes the administrative procedures in a way that	3256
may reasonably be expected to significantly increase the	3257
provider's administrative expenses, or adds a new product. A	3258
material amendment does not include any of the following:	3259

(1) A decrease in payment or compensation resulting solely	3260
from a change in a published fee schedule upon which the payment	3261
or compensation is based and the date of applicability is clearly	3262
identified in the contract;	3263

(2) A decrease in payment or compensation that was	3264
anticipated under the terms of the contract, if the amount and	3265
date of applicability of the decrease is clearly identified in the	3266
contract;	3267

(3) An administrative change that may significantly increase	3268
the provider's administrative expense, the specific applicability	3269
of which is clearly identified in the contract;	3270

(4) Changes to an existing prior authorization,	3271
precertification, notification, or referral program that do not	3272
substantially increase the provider's administrative expense;	3273

(5) Changes to an edit program or to specific edits if the	3274
participating provider is provided notice of the changes pursuant	3275
to division (A)(1) of section 3963.04 of the Revised Code and the	3276
notice includes information sufficient for the provider to	3277
determine the effect of the change;	3278

(6) Changes to a health care contract described in division	3279
(B) of section 3963.04 of the Revised Code.	3280

(K) "Participating provider" means a provider that has a	3281
health care contract with a contracting entity and is entitled to	3282
reimbursement for health care services rendered to an enrollee	3283
under the health care contract.	3284

(L) "Payer" means any person that assumes the financial risk	3285
for the payment of claims under a health care contract or the	3286
reimbursement for health care services provided to enrollees by	3287
participating providers pursuant to a health care contract.	3288

(M) "Primary enrollee" means a person who is responsible for	3289
making payments for participation in a health care plan or an	3290
enrollee whose employment or other status is the basis of	3291
eligibility for enrollment in a health care plan.	3292

(N) "Procedure codes" includes the American medical	3293
association's current procedural terminology code, the American	3294
dental association's current dental terminology, and the centers	3295
for medicare and medicaid services health care common procedure	3296
coding system.	3297

(O) "Product" means one of the following types of categories	3298
of coverage for which a participating provider may be obligated to	3299
provide health care services pursuant to a health care contract:	3300

(1) A health maintenance organization or other product	3301
provided by a health insuring corporation;	3302

(2) A preferred provider organization;

3303

(3) Medicare;

3304

(4) Medicaid;

3305

(5) Workers' compensation.

3306

(P) "Provider" means a physician, podiatrist, dentist,	3307
chiropractor, optometrist, psychologist, physician assistant,	3308
advanced practice registered nurse, occupational therapist,	3309
massage therapist, physical therapist, licensed professional	3310
counselor, licensed professional clinical counselor, hearing aid	3311
dealer, orthotist, prosthetist, home health agency, hospice care	3312
program, pediatric respite care program, or hospital, or a	3313
provider organization or physician-hospital organization that is	3314
acting exclusively as an administrator on behalf of a provider to	3315
facilitate the provider's participation in health care contracts.	3316
"Provider" does not mean a pharmacist, pharmacy, nursing home, or	3317
a provider organization or physician-hospital organization that	3318
leases the provider organization's or physician-hospital	3319
organization's network to a third party or contracts directly with	3320
employers or health and welfare funds.	3321

(Q) "Specialty health care services" has the same meaning as	3322
in section 1751.01 of the Revised Code, except that it does not	3323
include any services listed in division (B) of section 1751.01 of	3324
the Revised Code that are provided by a pharmacist or a nursing	3325
home.	3326

(R) "Supplemental health care services" has the same meaning	3327
as in division (B) of section 1751.01 of the Revised Code, except	3328
that it does not include any services listed in that division that	3329
are provided by a pharmacist or nursing home.	3330

Sec. 4723.16.  (A) An individual whom the board of nursing	3331
licenses, certificates, or otherwise legally authorizes to engage	3332
in the practice of nursing as a registered nurse or as a licensed	3333
practical nurse may render the professional services of a	3334
registered or licensed practical nurse within this state through a	3335
corporation formed under division (B) of section 1701.03 of the	3336
Revised Code, a limited liability company formed under Chapter	3337
1705. of the Revised Code, a partnership, or a professional	3338
association formed under Chapter 1785. of the Revised Code. This	3339
division does not preclude an individual of that nature from	3340
rendering professional services as a registered or licensed	3341
practical nurse through another form of business entity,	3342
including, but not limited to, a nonprofit corporation or	3343
foundation, or in another manner that is authorized by or in	3344
accordance with this chapter, another chapter of the Revised Code,	3345
or rules of the board of nursing adopted pursuant to this chapter.	3346

(B) A corporation, limited liability company, partnership, or	3347
professional association described in division (A) of this section	3348
may be formed for the purpose of providing a combination of the	3349
professional services of the following individuals who are	3350
licensed, certificated, or otherwise legally authorized to	3351
practice their respective professions:	3352

(1) Optometrists who are authorized to practice optometry	3353
under Chapter 4725. of the Revised Code;	3354

(2) Chiropractors who are authorized to practice chiropractic	3355
or acupuncture under Chapter 4734. of the Revised Code;	3356

(3) Psychologists who are authorized to practice psychology	3357
under Chapter 4732. of the Revised Code;	3358

(4) Registered or licensed practical nurses who are	3359
authorized to practice nursing as registered nurses or as licensed	3360
practical nurses under this chapter;	3361

(5) Pharmacists who are authorized to practice pharmacy under	3362
Chapter 4729. of the Revised Code;	3363

(6) Physical therapists who are authorized to practice	3364
physical therapy under sections 4755.40 to 4755.56 of the Revised	3365
Code;	3366

(7) Occupational therapists who are licensed to practice	3367
occupational therapy under sections 4755.04 to 4755.13 of the	3368
Revised Code;	3369

(8) Mechanotherapists who are authorized to practice	3370
mechanotherapy under section 4731.151 of the Revised Code;	3371

(9) Doctors of medicine and surgery, osteopathic medicine and	3372
surgery, or podiatric medicine and surgery who are licensed,	3373
certificated, or otherwise legally authorized for their respective	3374
practices under Chapter 4731. of the Revised Code;	3375

(10) Licensed professional clinical counselors, licensed	3376
professional counselors, independent social workers, social	3377
workers, independent marriage and family therapists, or marriage	3378
and family therapists who are authorized for their respective	3379
practices under Chapter 4757. of the Revised Code.	3380

This division shall apply notwithstanding a provision of a	3381
code of ethics applicable to a nurse that prohibits a registered	3382
or licensed practical nurse from engaging in the practice of	3383
nursing as a registered nurse or as a licensed practical nurse in	3384
combination with a person who is licensed, certificated, or	3385
otherwise legally authorized to practice optometry, chiropractic,	3386
acupuncture through the state chiropractic board, psychology,	3387
pharmacy, physical therapy, occupational therapy, mechanotherapy,	3388
medicine and surgery, osteopathic medicine and surgery, or	3389
podiatric medicine and surgery, professional counseling, social	3390
work, or marriage and family therapy, but who is not also	3391
licensed, certificated, or otherwise legally authorized to engage	3392
in the practice of nursing as a registered nurse or as a licensed	3393
practical nurse.	3394

Sec. 4725.33.  (A) An individual whom the state board of	3395
optometry licenses to engage in the practice of optometry may	3396
render the professional services of an optometrist within this	3397
state through a corporation formed under division (B) of section	3398
1701.03 of the Revised Code, a limited liability company formed	3399
under Chapter 1705. of the Revised Code, a partnership, or a	3400
professional association formed under Chapter 1785. of the Revised	3401
Code. This division does not preclude an optometrist from	3402
rendering professional services as an optometrist through another	3403
form of business entity, including, but not limited to, a	3404
nonprofit corporation or foundation, or in another manner that is	3405
authorized by or in accordance with this chapter, another chapter	3406
of the Revised Code, or rules of the state board of optometry	3407
adopted pursuant to this chapter.	3408

(B) A corporation, limited liability company, partnership, or	3409
professional association described in division (A) of this section	3410
may be formed for the purpose of providing a combination of the	3411
professional services of the following individuals who are	3412
licensed, certificated, or otherwise legally authorized to	3413
practice their respective professions:	3414

(1) Optometrists who are authorized to practice optometry	3415
under Chapter 4725. of the Revised Code;	3416

(2) Chiropractors who are authorized to practice chiropractic	3417
or acupuncture under Chapter 4734. of the Revised Code;	3418

(3) Psychologists who are authorized to practice psychology	3419
under Chapter 4732. of the Revised Code;	3420

(4) Registered or licensed practical nurses who are	3421
authorized to practice nursing as registered nurses or as licensed	3422
practical nurses under Chapter 4723. of the Revised Code;	3423

(5) Pharmacists who are authorized to practice pharmacy under	3424
Chapter 4729. of the Revised Code;	3425

(6) Physical therapists who are authorized to practice	3426
physical therapy under sections 4755.40 to 4755.56 of the Revised	3427
Code;	3428

(7) Occupational therapists who are authorized to practice	3429
occupational therapy under sections 4755.04 to 4755.13 of the	3430
Revised Code;	3431

(8) Mechanotherapists who are authorized to practice	3432
mechanotherapy under section 4731.151 of the Revised Code;	3433

(8)(9) Doctors of medicine and surgery, osteopathic medicine	3434
and surgery, or podiatric medicine and surgery who are authorized	3435
for their respective practices under Chapter 4731. of the Revised	3436
Code;	3437

(10) Licensed professional clinical counselors, licensed	3438
professional counselors, independent social workers, social	3439
workers, independent marriage and family therapists, or marriage	3440
and family therapists who are authorized for their respective	3441
practices under Chapter 4757. of the Revised Code.	3442

This division shall apply notwithstanding a provision of a	3443
code of ethics applicable to an optometrist that prohibits an	3444
optometrist from engaging in the practice of optometry in	3445
combination with a person who is licensed, certificated, or	3446
otherwise legally authorized to practice chiropractic, acupuncture	3447
through the state chiropractic board, psychology, nursing,	3448
pharmacy, physical therapy, occupational therapy, mechanotherapy,	3449
medicine and surgery, osteopathic medicine and surgery, or	3450
podiatric medicine and surgery, professional counseling, social	3451
work, or marriage and family therapy, but who is not also	3452
licensed, certificated, or otherwise legally authorized to engage	3453
in the practice of optometry.	3454

Sec. 4729.161.  (A) An individual registered with the state	3455
board of pharmacy to engage in the practice of pharmacy may render	3456
the professional services of a pharmacist within this state	3457
through a corporation formed under division (B) of section 1701.03	3458
of the Revised Code, a limited liability company formed under	3459
Chapter 1705. of the Revised Code, a partnership, or a	3460
professional association formed under Chapter 1785. of the Revised	3461
Code. This division does not preclude an individual of that nature	3462
from rendering professional services as a pharmacist through	3463
another form of business entity, including, but not limited to, a	3464
nonprofit corporation or foundation, or in another manner that is	3465
authorized by or in accordance with this chapter, another chapter	3466
of the Revised Code, or rules of the state board of pharmacy	3467
adopted pursuant to this chapter.	3468

(B) A corporation, limited liability company, partnership, or	3469
professional association described in division (A) of this section	3470
may be formed for the purpose of providing a combination of the	3471
professional services of the following individuals who are	3472
licensed, certificated, or otherwise legally authorized to	3473
practice their respective professions:	3474

(1) Optometrists who are authorized to practice optometry	3475
under Chapter 4725. of the Revised Code;	3476

(2) Chiropractors who are authorized to practice chiropractic	3477
or acupuncture under Chapter 4734. of the Revised Code;	3478

(3) Psychologists who are authorized to practice psychology	3479
under Chapter 4732. of the Revised Code;	3480

(4) Registered or licensed practical nurses who are	3481
authorized to practice nursing as registered nurses or as licensed	3482
practical nurses under Chapter 4723. of the Revised Code;	3483

(5) Pharmacists who are authorized to practice pharmacy under	3484
Chapter 4729. of the Revised Code;	3485

(6) Physical therapists who are authorized to practice	3486
physical therapy under sections 4755.40 to 4755.56 of the Revised	3487
Code;	3488

(7) Occupational therapists who are authorized to practice	3489
occupational therapy under sections 4755.04 to 4755.13 of the	3490
Revised Code;	3491

(8) Mechanotherapists who are authorized to practice	3492
mechanotherapy under section 4731.151 of the Revised Code;	3493

(9) Doctors of medicine and surgery, osteopathic medicine and	3494
surgery, or podiatric medicine and surgery who are authorized for	3495
their respective practices under Chapter 4731. of the Revised	3496
Code;	3497

(10) Licensed professional clinical counselors, licensed	3498
professional counselors, independent social workers, social	3499
workers, independent marriage and family therapists, or marriage	3500
and family therapists who are authorized for their respective	3501
practices under Chapter 4757. of the Revised Code.	3502

This division shall apply notwithstanding a provision of a	3503
code of ethics applicable to a pharmacist that prohibits a	3504
pharmacist from engaging in the practice of pharmacy in	3505
combination with a person who is licensed, certificated, or	3506
otherwise legally authorized to practice optometry, chiropractic,	3507
acupuncture through the state chiropractic board, psychology,	3508
nursing, physical therapy, occupational therapy, mechanotherapy,	3509
medicine and surgery, osteopathic medicine and surgery, or	3510
podiatric medicine and surgery, professional counseling, social	3511
work, or marriage and family therapy, but who is not also	3512
licensed, certificated, or otherwise legally authorized to engage	3513
in the practice of pharmacy.	3514

Sec. 4731.226.  (A)(1) An individual whom the state medical	3515
board licenses, certificates, or otherwise legally authorizes to	3516
engage in the practice of medicine and surgery, osteopathic	3517
medicine and surgery, or podiatric medicine and surgery may render	3518
the professional services of a doctor of medicine and surgery,	3519
osteopathic medicine and surgery, or podiatric medicine and	3520
surgery within this state through a corporation formed under	3521
division (B) of section 1701.03 of the Revised Code, a limited	3522
liability company formed under Chapter 1705. of the Revised Code,	3523
a partnership, or a professional association formed under Chapter	3524
1785. of the Revised Code. Division (A)(1) of this section does	3525
not preclude an individual of that nature from rendering	3526
professional services as a doctor of medicine and surgery,	3527
osteopathic medicine and surgery, or podiatric medicine and	3528
surgery through another form of business entity, including, but	3529
not limited to, a nonprofit corporation or foundation, or in	3530
another manner that is authorized by or in accordance with this	3531
chapter, another chapter of the Revised Code, or rules of the	3532
state medical board adopted pursuant to this chapter.	3533

(2) An individual whom the state medical board authorizes to	3534
engage in the practice of mechanotherapy may render the	3535
professional services of a mechanotherapist within this state	3536
through a corporation formed under division (B) of section 1701.03	3537
of the Revised Code, a limited liability company formed under	3538
Chapter 1705. of the Revised Code, a partnership, or a	3539
professional association formed under Chapter 1785. of the Revised	3540
Code. Division (A)(2) of this section does not preclude an	3541
individual of that nature from rendering professional services as	3542
a mechanotherapist through another form of business entity,	3543
including, but not limited to, a nonprofit corporation or	3544
foundation, or in another manner that is authorized by or in	3545
accordance with this chapter, another chapter of the Revised Code,	3546
or rules of the state medical board adopted pursuant to this	3547
chapter.	3548

(B) A corporation, limited liability company, partnership, or	3549
professional association described in division (A) of this section	3550
may be formed for the purpose of providing a combination of the	3551
professional services of the following individuals who are	3552
licensed, certificated, or otherwise legally authorized to	3553
practice their respective professions:	3554

(1) Optometrists who are authorized to practice optometry	3555
under Chapter 4725. of the Revised Code;	3556

(2) Chiropractors who are authorized to practice chiropractic	3557
or acupuncture under Chapter 4734. of the Revised Code;	3558

(3) Psychologists who are authorized to practice psychology	3559
under Chapter 4732. of the Revised Code;	3560

(4) Registered or licensed practical nurses who are	3561
authorized to practice nursing as registered nurses or as licensed	3562
practical nurses under Chapter 4723. of the Revised Code;	3563

(5) Pharmacists who are authorized to practice pharmacy under	3564
Chapter 4729. of the Revised Code;	3565

(6) Physical therapists who are authorized to practice	3566
physical therapy under sections 4755.40 to 4755.56 of the Revised	3567
Code;	3568

(7) Occupational therapists who are authorized to practice	3569
occupational therapy under sections 4755.04 to 4755.13 of the	3570
Revised Code;	3571

(8) Mechanotherapists who are authorized to practice	3572
mechanotherapy under section 4731.151 of the Revised Code;	3573

(9) Doctors of medicine and surgery, osteopathic medicine and	3574
surgery, or podiatric medicine and surgery who are authorized for	3575
their respective practices under this chapter;	3576

(10) Licensed professional clinical counselors, licensed	3577
professional counselors, independent social workers, social	3578
workers, independent marriage and family therapists, or marriage	3579
and family therapists who are authorized for their respective	3580
practices under Chapter 4757. of the Revised Code.	3581

(C) Division (B) of this section shall apply notwithstanding	3582
a provision of a code of ethics described in division (B)(18) of	3583
section 4731.22 of the Revised Code that prohibits either of the	3584
following:	3585

(1) A doctor of medicine and surgery, osteopathic medicine	3586
and surgery, or podiatric medicine and surgery from engaging in	3587
the doctor's authorized practice in combination with a person who	3588
is licensed, certificated, or otherwise legally authorized to	3589
engage in the practice of optometry, chiropractic, acupuncture	3590
through the state chiropractic board, psychology, nursing,	3591
pharmacy, physical therapy, occupational therapy, or	3592
mechanotherapy, professional counseling, social work, or marriage	3593
and family therapy, but who is not also licensed, certificated, or	3594
otherwise legally authorized to practice medicine and surgery,	3595
osteopathic medicine and surgery, or podiatric medicine and	3596
surgery.	3597

(2) A mechanotherapist from engaging in the practice of	3598
mechanotherapy in combination with a person who is licensed,	3599
certificated, or otherwise legally authorized to engage in the	3600
practice of optometry, chiropractic, acupuncture through the state	3601
chiropractic board, psychology, nursing, pharmacy, physical	3602
therapy, occupational therapy, medicine and surgery, osteopathic	3603
medicine and surgery, or podiatric medicine and surgery,	3604
professional counseling, social work, or marriage and family	3605
therapy, but who is not also licensed, certificated, or otherwise	3606
legally authorized to engage in the practice of mechanotherapy.	3607

Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of the	3608
Revised Code:	3609

(A)(1) "Clinical laboratory services" means either of the	3610
following:	3611

(a) Any examination of materials derived from the human body	3612
for the purpose of providing information for the diagnosis,	3613
prevention, or treatment of any disease or impairment or for the	3614
assessment of health;	3615

(b) Procedures to determine, measure, or otherwise describe	3616
the presence or absence of various substances or organisms in the	3617
body.	3618

(2) "Clinical laboratory services" does not include the mere	3619
collection or preparation of specimens.	3620

(B) "Designated health services" means any of the following:

3621

(1) Clinical laboratory services;

3622

(2) Home health care services;

3623

(3) Outpatient prescription drugs.

3624

(C) "Fair market value" means the value in arms-length	3625
transactions, consistent with general market value and:	3626

(1) With respect to rentals or leases, the value of rental	3627
property for general commercial purposes, not taking into account	3628
its intended use;	3629

(2) With respect to a lease of space, not adjusted to reflect	3630
the additional value the prospective lessee or lessor would	3631
attribute to the proximity or convenience to the lessor if the	3632
lessor is a potential source of referrals to the lessee.	3633

(D) "Governmental health care program" means any program	3634
providing health care benefits that is administered by the federal	3635
government, this state, or a political subdivision of this state,	3636
including the medicare program, health care coverage for public	3637
employees, health care benefits administered by the bureau of	3638
workers' compensation, and the medicaid program.	3639

(E)(1) "Group practice" means a group of two or more holders	3640
of certificates under this chapter legally organized as a	3641
partnership, professional corporation or association, limited	3642
liability company, foundation, nonprofit corporation, faculty	3643
practice plan, or similar group practice entity, including an	3644
organization comprised of a nonprofit medical clinic that	3645
contracts with a professional corporation or association of	3646
physicians to provide medical services exclusively to patients of	3647
the clinic in order to comply with section 1701.03 of the Revised	3648
Code and including a corporation, limited liability company,	3649
partnership, or professional association described in division (B)	3650
of section 4731.226 of the Revised Code formed for the purpose of	3651
providing a combination of the professional services of	3652
optometrists who are licensed, certificated, or otherwise legally	3653
authorized to practice optometry under Chapter 4725. of the	3654
Revised Code, chiropractors who are licensed, certificated, or	3655
otherwise legally authorized to practice chiropractic or	3656
acupuncture under Chapter 4734. of the Revised Code, psychologists	3657
who are licensed, certificated, or otherwise legally authorized to	3658
practice psychology under Chapter 4732. of the Revised Code,	3659
registered or licensed practical nurses who are licensed,	3660
certificated, or otherwise legally authorized to practice nursing	3661
under Chapter 4723. of the Revised Code, pharmacists who are	3662
licensed, certificated, or otherwise legally authorized to	3663
practice pharmacy under Chapter 4729. of the Revised Code,	3664
physical therapists who are licensed, certificated, or otherwise	3665
legally authorized to practice physical therapy under sections	3666
4755.40 to 4755.56 of the Revised Code, occupational therapists	3667
who are licensed, certificated, or otherwise legally authorized to	3668
practice occupational therapy under sections 4755.04 to 4755.13 of	3669
the Revised Code, mechanotherapists who are licensed,	3670
certificated, or otherwise legally authorized to practice	3671
mechanotherapy under section 4731.151 of the Revised Code, and	3672
doctors of medicine and surgery, osteopathic medicine and surgery,	3673
or podiatric medicine and surgery who are licensed, certificated,	3674
or otherwise legally authorized for their respective practices	3675
under this chapter, and licensed professional clinical counselors,	3676
licensed professional counselors, independent social workers,	3677
social workers, independent marriage and family therapists, or	3678
marriage and family therapists who are licensed, certificated, or	3679
otherwise legally authorized for their respective practices under	3680
Chapter 4757. of the Revised Code to which all of the following	3681
apply:	3682

(a) Each physician who is a member of the group practice	3683
provides substantially the full range of services that the	3684
physician routinely provides, including medical care,	3685
consultation, diagnosis, or treatment, through the joint use of	3686
shared office space, facilities, equipment, and personnel.	3687

(b) Substantially all of the services of the members of the	3688
group are provided through the group and are billed in the name of	3689
the group and amounts so received are treated as receipts of the	3690
group.	3691

(c) The overhead expenses of and the income from the practice	3692
are distributed in accordance with methods previously determined	3693
by members of the group.	3694

(d) The group practice meets any other requirements that the	3695
state medical board applies in rules adopted under section 4731.70	3696
of the Revised Code.	3697

(2) In the case of a faculty practice plan associated with a	3698
hospital with a medical residency training program in which	3699
physician members may provide a variety of specialty services and	3700
provide professional services both within and outside the group,	3701
as well as perform other tasks such as research, the criteria in	3702
division (E)(1) of this section apply only with respect to	3703
services rendered within the faculty practice plan.	3704

(F) "Home health care services" and "immediate family" have	3705
the same meanings as in the rules adopted under section 4731.70 of	3706
the Revised Code.	3707

(G) "Hospital" has the same meaning as in section 3727.01 of	3708
the Revised Code.	3709

(H) A "referral" includes both of the following:

3710

(1) A request by a holder of a certificate under this chapter	3711
for an item or service, including a request for a consultation	3712
with another physician and any test or procedure ordered by or to	3713
be performed by or under the supervision of the other physician;	3714

(2) A request for or establishment of a plan of care by a	3715
certificate holder that includes the provision of designated	3716
health services.	3717

(I) "Third-party payer" has the same meaning as in section	3718
3901.38 of the Revised Code.	3719

Sec. 4732.28.  (A) An individual whom the state board of	3720
psychology licenses, certificates, or otherwise legally authorizes	3721
to engage in the practice of psychology may render the	3722
professional services of a psychologist within this state through	3723
a corporation formed under division (B) of section 1701.03 of the	3724
Revised Code, a limited liability company formed under Chapter	3725
1705. of the Revised Code, a partnership, or a professional	3726
association formed under Chapter 1785. of the Revised Code. This	3727
division does not preclude an individual of that nature from	3728
rendering professional services as a psychologist through another	3729
form of business entity, including, but not limited to, a	3730
nonprofit corporation or foundation, or in another manner that is	3731
authorized by or in accordance with this chapter, another chapter	3732
of the Revised Code, or rules of the state board of psychology	3733
adopted pursuant to this chapter.	3734

(B) A corporation, limited liability company, partnership, or	3735
professional association described in division (A) of this section	3736
may be formed for the purpose of providing a combination of the	3737
professional services of the following individuals who are	3738
licensed, certificated, or otherwise legally authorized to	3739
practice their respective professions:	3740

(1) Optometrists who are authorized to practice optometry	3741
under Chapter 4725. of the Revised Code;	3742

(2) Chiropractors who are authorized to practice chiropractic	3743
or acupuncture under Chapter 4734. of the Revised Code;	3744

(3) Psychologists who are authorized to practice psychology	3745
under this chapter;	3746

(4) Registered or licensed practical nurses who are	3747
authorized to practice nursing as registered nurses or as licensed	3748
practical nurses under Chapter 4723. of the Revised Code;	3749

(5) Pharmacists who are authorized to practice pharmacy under	3750
Chapter 4729. of the Revised Code;	3751

(6) Physical therapists who are authorized to practice	3752
physical therapy under sections 4755.40 to 4755.56 of the Revised	3753
Code;	3754

(7) Occupational therapists who are authorized to practice	3755
occupational therapy under sections 4755.04 to 4755.13 of the	3756
Revised Code;	3757

(8) Mechanotherapists who are authorized to practice	3758
mechanotherapy under section 4731.151 of the Revised Code;	3759

(9) Doctors of medicine and surgery, osteopathic medicine and	3760
surgery, or podiatric medicine and surgery who are authorized for	3761
their respective practices under Chapter 4731. of the Revised	3762
Code;	3763

(10) Licensed professional clinical counselors, licensed	3764
professional counselors, independent social workers, social	3765
workers, independent marriage and family therapists, or marriage	3766
and family therapists who are authorized for their respective	3767
practices under Chapter 4757. of the Revised Code.	3768

This division shall apply notwithstanding a provision of a	3769
code of ethics applicable to a psychologist that prohibits a	3770
psychologist from engaging in the practice of psychology in	3771
combination with a person who is licensed, certificated, or	3772
otherwise legally authorized to practice optometry, chiropractic,	3773
acupuncture through the state chiropractic board, nursing,	3774
pharmacy, physical therapy, occupational therapy, mechanotherapy,	3775
medicine and surgery, osteopathic medicine and surgery, or	3776
podiatric medicine and surgery, professional counseling, social	3777
work, or marriage and family therapy, but who is not also	3778
licensed, certificated, or otherwise legally authorized to engage	3779
in the practice of psychology.	3780

Sec. 4734.17.  (A) An individual whom the state chiropractic	3781
board licenses to engage in the practice of chiropractic or	3782
certifies to practice acupuncture may render the professional	3783
services of a chiropractor or chiropractor certified to practice	3784
acupuncture within this state through a corporation formed under	3785
division (B) of section 1701.03 of the Revised Code, a limited	3786
liability company formed under Chapter 1705. of the Revised Code,	3787
a partnership, or a professional association formed under Chapter	3788
1785. of the Revised Code. This division does not preclude a	3789
chiropractor from rendering professional services as a	3790
chiropractor or chiropractor certified to practice acupuncture	3791
through another form of business entity, including, but not	3792
limited to, a nonprofit corporation or foundation, or in another	3793
manner that is authorized by or in accordance with this chapter,	3794
another chapter of the Revised Code, or rules of the state	3795
chiropractic board adopted pursuant to this chapter.	3796

(B) A corporation, limited liability company, partnership, or	3797
professional association described in division (A) of this section	3798
may be formed for the purpose of providing a combination of the	3799
professional services of the following individuals who are	3800
licensed, certificated, or otherwise legally authorized to	3801
practice their respective professions:	3802

(1) Optometrists who are authorized to practice optometry,	3803
under Chapter 4725. of the Revised Code;	3804

(2) Chiropractors who are authorized to practice chiropractic	3805
or acupuncture under this chapter;	3806

(3) Psychologists who are authorized to practice psychology	3807
under Chapter 4732. of the Revised Code;	3808

(4) Registered or licensed practical nurses who are	3809
authorized to practice nursing as registered nurses or as licensed	3810
practical nurses under Chapter 4723. of the Revised Code;	3811

(5) Pharmacists who are authorized to practice pharmacy under	3812
Chapter 4729. of the Revised Code;	3813

(6) Physical therapists who are authorized to practice	3814
physical therapy under sections 4755.40 to 4755.56 of the Revised	3815
Code;	3816

(7) Occupational therapists who are authorized to practice	3817
occupational therapy under sections 4755.04 to 4755.13 of the	3818
Revised Code;	3819

(8) Mechanotherapists who are authorized to practice	3820
mechanotherapy under section 4731.151 of the Revised Code;	3821

(9) Doctors of medicine and surgery, osteopathic medicine and	3822
surgery, or podiatric medicine and surgery who are authorized for	3823
their respective practices under Chapter 4731. of the Revised	3824
Code;	3825

(10) Licensed professional clinical counselors, licensed	3826
professional counselors, independent social workers, social	3827
workers, independent marriage and family therapists, or marriage	3828
and family therapists who are authorized for their respective	3829
practices under Chapter 4757. of the Revised Code.	3830

This division shall apply notwithstanding a provision of any	3831
code of ethics established or adopted under section 4734.16 of the	3832
Revised Code that prohibits an individual from engaging in the	3833
practice of chiropractic or acupuncture in combination with an	3834
individual who is licensed, certificated, or otherwise authorized	3835
for the practice of optometry, psychology, nursing, pharmacy,	3836
physical therapy, occupational therapy, mechanotherapy, medicine	3837
and surgery, osteopathic medicine and surgery, or podiatric	3838
medicine and surgery, professional counseling, social work, or	3839
marriage and family therapy, but who is not also licensed under	3840
this chapter to engage in the practice of chiropractic.	3841

Sec. 4734.41.  (A) As used in this section:

3842

(1) "Chemical dependency" means either of the following:

3843

(a) The chronic and habitual use of alcoholic beverages to	3844
the extent that the user no longer can control the use of alcohol	3845
or endangers the user's health, safety, or welfare or that of	3846
others;	3847

(b) The use of a controlled substance as defined in section	3848
3719.01 of the Revised Code, a harmful intoxicant as defined in	3849
section 2925.01 of the Revised Code, or a dangerous drug as	3850
defined in section 4729.01 of the Revised Code, to the extent that	3851
the user becomes physically or psychologically dependent on the	3852
substance, intoxicant, or drug or endangers the user's health,	3853
safety, or welfare or that of others.	3854

(2) "Mental illness" means a recognized psychiatric or	3855
psychological condition, disorder, or syndrome that has been	3856
diagnosed by a psychiatrist, psychologist, licensed professional	3857
clinical counselor, or independent social worker as a condition,	3858
disorder, or syndrome that may pose a danger to the person	3859
diagnosed or others or may prevent the person from practicing the	3860
person's profession according to acceptable and prevailing	3861
standards of care.	3862

(B) The state chiropractic board shall establish a chemical	3863
dependency and mental illness monitoring program. The program	3864
shall be made available to any individual under the board's	3865
jurisdiction who has a chemical dependency or mental illness and	3866
meets the board's eligibility requirements for admission to and	3867
continued participation in the program. The board shall develop	3868
the program and may designate a coordinator to administer it or	3869
enter into a contract for the program to be administered by	3870
another entity through a coordinator. The board shall adopt rules	3871
in accordance with Chapter 119. of the Revised Code that establish	3872
standards and procedure for operating the program.	3873

(C) Except as provided in division (D) of this section, all	3874
records of an individual's participation in the monitoring	3875
program, including medical records, chemical dependency records,	3876
and mental health records, shall be confidential, are not public	3877
records for the purposes of section 149.43 of the Revised Code,	3878
and are not subject to discovery by subpoena or admissible as	3879
evidence in any judicial proceeding. The program coordinator shall	3880
maintain all records as directed by the board.	3881

(D) The monitoring program's coordinator may disclose records	3882
or information regarding an individual's progress and status of	3883
participation in the program to the disciplinary section of the	3884
board and to any person or government entity that the program	3885
participant authorizes in writing to be given the records or	3886
information.	3887

In disclosing records or information under this division, the	3888
coordinator shall not include any record or information that is	3889
protected under section 5119.27 of the Revised Code or any federal	3890
statute or regulation that provides for the confidentiality of	3891
mental health or substance abuse records.	3892

(E) In the absence of fraud or bad faith, the monitoring	3893
program's coordinator, the board and the board's employees and	3894
representatives are not liable for damages in any civil action as	3895
a result of disclosing records or information in accordance with	3896
division (D) of this section. In the absence of fraud or bad	3897
faith, any person reporting to the program an individual's	3898
chemical dependency or mental illness, or the progress or lack of	3899
progress of that individual with regard to treatment, is not	3900
liable for damages in any civil action as a result of the report.	3901

(F) The board may abstain from taking formal disciplinary	3902
action under section 4734.31 of the Revised Code against an	3903
individual because of the individual's chemical dependency or	3904
mental illness, if the individual meets the eligibility	3905
requirements for admission into the monitoring program and all of	3906
the following occur:	3907

(1) The individual enters into a monitoring agreement with	3908
the coordinator of the program;	3909

(2) The individual complies with the terms and conditions for	3910
continued participation in the program, as specified in the	3911
monitoring agreement;	3912

(3) The individual successfully completes the terms and	3913
conditions of the monitoring agreement, including the condition	3914
that the individual attain the ability to practice in accordance	3915
with acceptable and prevailing standards of care applicable to the	3916
practice of chiropractic.	3917

Sec. 4755.111.  (A) An individual whom the occupational	3918
therapy section of the Ohio occupational therapy, physical	3919
therapy, and athletic trainers board licenses, certificates, or	3920
otherwise legally authorizes to engage in the practice of	3921
occupational therapy may render the professional services of an	3922
occupational therapist within this state through a corporation	3923
formed under division (B) of section 1701.03 of the Revised Code,	3924
a limited liability company formed under Chapter 1705. of the	3925
Revised Code, a partnership, or a professional association formed	3926
under Chapter 1785. of the Revised Code. This division does not	3927
preclude an individual of that nature from rendering professional	3928
services as an occupational therapist through another form of	3929
business entity, including, but not limited to, a nonprofit	3930
corporation or foundation, or in another manner that is authorized	3931
by or in accordance with sections 4755.04 to 4755.13 of the	3932
Revised Code, another chapter of the Revised Code, or rules of the	3933
Ohio occupational therapy, physical therapy, and athletic trainers	3934
board adopted pursuant to sections 4755.04 to 4755.13 of the	3935
Revised Code.	3936

(B) A corporation, limited liability company, partnership, or	3937
professional association described in division (A) of this section	3938
may be formed for the purpose of providing a combination of the	3939
professional services of the following individuals who are	3940
licensed, certificated, or otherwise legally authorized to	3941
practice their respective professions:	3942

(1) Optometrists who are authorized to practice optometry	3943
under Chapter 4725. of the Revised Code;	3944

(2) Chiropractors who are authorized to practice chiropractic	3945
or acupuncture under Chapter 4734. of the Revised Code;	3946

(3) Psychologists who are authorized to practice psychology	3947
under Chapter 4732. of the Revised Code;	3948

(4) Registered or licensed practical nurses who are	3949
authorized to practice nursing as registered nurses or as licensed	3950
practical nurses under Chapter 4723. of the Revised Code;	3951

(5) Pharmacists who are authorized to practice pharmacy under	3952
Chapter 4729. of the Revised Code;	3953

(6) Physical therapists who are authorized to practice	3954
physical therapy under sections 4755.40 to 4755.56 of the Revised	3955
Code;	3956

(7) Occupational therapists who are authorized to practice	3957
occupational therapy under sections 4755.04 to 4755.13 of the	3958
Revised Code;	3959

(8) Mechanotherapists who are authorized to practice	3960
mechanotherapy under section 4731.151 of the Revised Code;	3961

(9) Doctors of medicine and surgery, osteopathic medicine and	3962
surgery, or podiatric medicine and surgery who are authorized for	3963
their respective practices under Chapter 4731. of the Revised	3964
Code;	3965

(10) Licensed professional clinical counselors, licensed	3966
professional counselors, independent social workers, social	3967
workers, independent marriage and family therapists, or marriage	3968
and family therapists who are authorized for their respective	3969
practices under Chapter 4757. of the Revised Code.	3970

This division shall apply notwithstanding a provision of a	3971
code of ethics applicable to an occupational therapist that	3972
prohibits an occupational therapist from engaging in the practice	3973
of occupational therapy in combination with a person who is	3974
licensed, certificated, or otherwise legally authorized to	3975
practice optometry, chiropractic, acupuncture through the state	3976
chiropractic board, psychology, nursing, pharmacy, physical	3977
therapy, mechanotherapy, medicine and surgery, osteopathic	3978
medicine and surgery, podiatric medicine and surgery, professional	3979
counseling, social work, or marriage and family therapy but who is	3980
not also licensed, certificated, or otherwise legally authorized	3981
to engage in the practice of occupational therapy.	3982

Sec. 4755.471.  (A) An individual whom the physical therapy	3983
section of the Ohio occupational therapy, physical therapy, and	3984
athletic trainers board licenses, certificates, or otherwise	3985
legally authorizes to engage in the practice of physical therapy	3986
may render the professional services of a physical therapist	3987
within this state through a corporation formed under division (B)	3988
of section 1701.03 of the Revised Code, a limited liability	3989
company formed under Chapter 1705. of the Revised Code, a	3990
partnership, or a professional association formed under Chapter	3991
1785. of the Revised Code. This division does not preclude an	3992
individual of that nature from rendering professional services as	3993
a physical therapist through another form of business entity,	3994
including, but not limited to, a nonprofit corporation or	3995
foundation, or in another manner that is authorized by or in	3996
accordance with sections 4755.40 to 4755.53 of the Revised Code,	3997
another chapter of the Revised Code, or rules of the Ohio	3998
occupational therapy, physical therapy, and athletic trainers	3999
board adopted pursuant to sections 4755.40 to 4755.53 of the	4000
Revised Code.	4001

(B) A corporation, limited liability company, partnership, or	4002
professional association described in division (A) of this section	4003
may be formed for the purpose of providing a combination of the	4004
professional services of the following individuals who are	4005
licensed, certificated, or otherwise legally authorized to	4006
practice their respective professions:	4007

(1) Optometrists who are authorized to practice optometry	4008
under Chapter 4725. of the Revised Code;	4009

(2) Chiropractors who are authorized to practice chiropractic	4010
or acupuncture under Chapter 4734. of the Revised Code;	4011

(3) Psychologists who are authorized to practice psychology	4012
under Chapter 4732. of the Revised Code;	4013

(4) Registered or licensed practical nurses who are	4014
authorized to practice nursing as registered nurses or as licensed	4015
practical nurses under Chapter 4723. of the Revised Code;	4016

(5) Pharmacists who are authorized to practice pharmacy under	4017
Chapter 4729. of the Revised Code;	4018

(6) Physical therapists who are authorized to practice	4019
physical therapy under sections 4755.40 to 4755.56 of the Revised	4020
Code;	4021

(7) Occupational therapists who are authorized to practice	4022
occupational therapy under sections 4755.04 to 4755.13 of the	4023
Revised Code;	4024

(8) Mechanotherapists who are authorized to practice	4025
mechanotherapy under section 4731.151 of the Revised Code;	4026

(8)(9) Doctors of medicine and surgery, osteopathic medicine	4027
and surgery, or podiatric medicine and surgery who are authorized	4028
for their respective practices under Chapter 4731. of the Revised	4029
Code;	4030

(10) Licensed professional clinical counselors, licensed	4031
professional counselors, independent social workers, social	4032
workers, independent marriage and family therapists, or marriage	4033
and family therapists who are authorized for their respective	4034
practices under Chapter 4757. of the Revised Code.	4035

This division shall apply notwithstanding a provision of a	4036
code of ethics applicable to a physical therapist that prohibits a	4037
physical therapist from engaging in the practice of physical	4038
therapy in combination with a person who is licensed,	4039
certificated, or otherwise legally authorized to practice	4040
optometry, chiropractic, acupuncture through the state	4041
chiropractic board, psychology, nursing, pharmacy, occupational	4042
therapy, mechanotherapy, medicine and surgery, osteopathic	4043
medicine and surgery, or podiatric medicine and surgery,	4044
professional counseling, social work, or marriage and family	4045
therapy, but who is not also licensed, certificated, or otherwise	4046
legally authorized to engage in the practice of physical therapy.	4047

Sec. 4757.01.  As used in this chapter:

4048

(A) "Practice of professional counseling" means rendering or	4049
offering to render to individuals, groups, organizations, or the	4050
general public a counseling service involving the application of	4051
clinical counseling principles, methods, or procedures to assist	4052
individuals in achieving more effective personal, social,	4053
educational, or career development and adjustment, including the	4054
diagnosis and treatment of mental and emotional disorders.	4055

(B) "Clinical counseling principles, methods, or procedures"	4056
means an approach to counseling that emphasizes the counselor's	4057
role in systematically assisting clients through all of the	4058
following: assessing and analyzing background and current	4059
information, diagnosing mental and emotional disorders, exploring	4060
possible solutions, and developing and providing a treatment plan	4061
for mental and emotional adjustment or development. "Clinical	4062
counseling principles, methods, or procedures" includes at least	4063
counseling, appraisal, consulting, and referral.	4064

(C) "Practice of social work" means the application of social	4065
work theory and specialized knowledge of human development and	4066
behavior and social, economic, and cultural systems in directly	4067
assisting individuals, families, and groups in a clinical setting	4068
to improve or restore their capacity for social functioning,	4069
including counseling, the use of psychosocial interventions, and	4070
the use of social psychotherapy, which includes the diagnosis and	4071
treatment of mental and emotional disorders.	4072

(D) "Accredited educational institution" means an institution	4073
accredited by a national or regional accrediting agency accepted	4074
by the board of regents.	4075

(E) "Scope of practice" means the services, methods, and	4076
techniques in which and the areas for which a person licensed or	4077
registered under this chapter is trained and qualified.	4078

(F) "Mental and emotional disorders" means those disorders	4079
that are classified in accepted nosologies such as the	4080
international classification of diseases and the diagnostic and	4081
statistical manual of mental disorders and in future editions of	4082
those nosologies.	4083

(G) "Marriage and family therapy" means the diagnosis,	4084
evaluation, assessment, counseling, management and treatment of	4085
mental and emotional disorders, whether cognitive, affective, or	4086
behavioral, within the context of marriage and family systems,	4087
through the professional application of marriage and family	4088
therapies and techniques.	4089

(H) "Practice of marriage and family therapy" means the	4090
diagnosis, treatment, evaluation, assessment, counseling, and	4091
management, of mental and emotional disorders, whether cognitive,	4092
affective or behavioral, within the context of marriage and family	4093
systems, to individuals, couples, and families, singly or in	4094
groups, whether those services are offered directly to the general	4095
public or through public or private organizations, for a fee,	4096
salary or other consideration through the professional application	4097
of marriage and family theories, therapies, and techniques,	4098
including, but not limited to psychotherapeutic theories,	4099
therapies and techniques that marriage and family therapists are	4100
educated and trained to perform.	4101

(I) "Social functioning" means living up to the expectations	4102
that are made of an individual by the individual's own self, the	4103
immediate social environment, and by society at large. "Social	4104
functioning" includes meeting basic needs of the individual and	4105
the individual's dependents, including physical aspects, personal	4106
fulfillment, emotional needs, and an adequate self-concept.	4107

Sec. 4757.02.  (A) Except as provided in division (C) of this	4108
section and section 4757.41 of the Revised Code:	4109

(1) No person shall engage in or claim to the public to be	4110
engaging in the practice of professional counseling for a fee,	4111
salary, or other consideration unless the person is currently	4112
licensed under this chapter as a licensed professional clinical	4113
counselor or licensed professional counselor.	4114

(2) No person shall practice or claim to the public to be	4115
practicing social work for a fee, salary, or other consideration	4116
unless the person is currently licensed under this chapter as an	4117
independent social worker or a social worker.	4118

(3) No person shall claim to the public to be a social work	4119
assistant unless the person is currently registered under this	4120
chapter as a social work assistant.	4121

(4) No person shall engage in the practice of marriage and	4122
family therapy or claim to the public to be engaging in the	4123
practice of marriage and family therapy unless the person is	4124
currently licensed under this chapter as a marriage and family	4125
therapist.	4126

(B)(1) No person shall use the title "licensed professional	4127
clinical counselor," "licensed professional counselor," or any	4128
other title or description incorporating the word "counselor" or	4129
any initials used to identify persons acting in those capacities	4130
unless currently authorized under this chapter by licensure to act	4131
in the capacity indicated by the title or initials.	4132

(2) No person shall use the title "social worker,"	4133
"independent social worker," "social work assistant," or any other	4134
title or description incorporating the words "social worker" or	4135
any initials used to identify persons acting in those capacities	4136
unless the person is currently authorized by licensure or	4137
registration under this chapter to act in the capacity indicated	4138
by the title or initials.	4139

(3) No person shall use the title "marriage and family	4140
therapist" or any initials used to identify persons acting in that	4141
capacity unless the person is currently authorized by licensure	4142
under this chapter to act in the capacity indicated by the title	4143
or initials.	4144

(C)(1) Divisions (A)(1) to (3) of this section do not apply	4145
to the practice of marriage and family therapy by a person holding	4146
a valid license or temporary license as a marriage and family	4147
therapist or independent marriage and family therapist under this	4148
chapter.	4149

(2) Division (A)(4) of this section does not apply to the	4150
following persons licensed or registered under this chapter:	4151
licensed professional clinical counselors, licensed professional	4152
counselors, independent social workers, social workers, and social	4153
work assistants.	4154

Sec. 4757.03. (A) There is hereby created the counselor,	4155
social worker, and marriage and family therapist board, consisting	4156
of fifteen members. The governor shall appoint the members with	4157
the advice and consent of the senate.	4158

(1) Four of the members shall be individuals licensed under	4159
this chapter as licensed professional clinical counselors or	4160
licensed professional counselors. At all times, the counselor	4161
membership shall include at least two licensed professional	4162
clinical counselors, at least one individual who has received a	4163
doctoral degree in counseling from an accredited educational	4164
institution recognized by the board and holds a graduate level	4165
teaching position in a counselor education program, and at least	4166
two individuals who have received at least a master's degree in	4167
counseling from an accredited educational institution recognized	4168
by the board.	4169

Two of the(2) Four members shall be individuals licensed	4170
under this chapter as independent marriage and family therapists	4171
and two shall be individuals licensed under this chapter asor	4172
marriage and family therapists or, if the board has not yet	4173
licensed independent marriage and family therapists or marriage	4174
and family therapists, eligible for licensure as independent	4175
marriage and family therapists or marriage and family therapists.	4176
They shall have, during the five years preceding appointment,	4177
actively engaged in the practice of marriage and family therapy,	4178
in educating and training master's, doctoral, or postdoctoral	4179
students of marriage and family therapy, or in marriage and family	4180
therapy research and, during the two years immediately preceding	4181
appointment, shall have devoted the majority of their professional	4182
time to the activity while residing in this state. At all times,	4183
the marriage and family therapist membership shall include one	4184
educator who holds a teaching position in a master's degree	4185
marriage and family therapy program at an accredited educational	4186
institution recognized by the board.	4187

(3) Two members shall be individuals licensed under this	4188
chapter as independent social workers. Two members shall be	4189
individuals licensed under this chapter as social workers, at	4190
least one of whom must hold a bachelor's or master's degree in	4191
social work from an accredited educational institution recognized	4192
by the board. At all times, the social worker membership shall	4193
include one educator who holds a teaching position in a	4194
baccalaureate or master's degree social work program at an	4195
accredited educational institution recognized by the board.	4196

(4) Three members shall be representatives of the general	4197
public who have not practiced professional counseling, marriage	4198
and family therapy, or social work and have not been involved in	4199
the delivery of professional counseling, marriage and family	4200
therapy, or social work services. At least one of the members	4201
representing the general public shall be at least sixty years of	4202
age. During their terms the public members shall not practice	4203
professional counseling, marriage and family therapy, or social	4204
work or be involved in the delivery of professional counseling,	4205
marriage and family therapy, or social work services.	4206

(B) Both of the following apply to each member specified in	4207
divisions (A)(1), (2), and (3) of this section:	4208

(1) During the five years preceding appointment to the board,	4209
the member shall have actively engaged in the practice of the	4210
member's profession. A member holding a teaching position shall	4211
have actively engaged in the practice of the member's profession	4212
by conducting research in the member's profession or by educating	4213
and training master's, doctoral, or postdoctoral students in the	4214
member's profession, as applicable.	4215

(2) During the two years immediately preceding appointment,	4216
the member shall have devoted the majority of their professional	4217
time to the activity described in division (B)(1) of this section	4218
while residing in this state.	4219

(C) At least three members, one from each of the board's	4220
professional standards committees, during the five years preceding	4221
appointment, shall have practiced at a public agency or at an	4222
organization that is certified or licensed by the department of	4223
developmental disabilities, the department of alcohol and drug	4224
addiction services, the department of job and family services, or	4225
the department of mental health.	4226

(D) Not more than eight members of the board may be members	4227
of the same political party or sex. At	4228

(E) At least one member of the board shall be of African,	4229
Native American, Hispanic, or Asian descent.	4230

Of the initial appointees, three shall be appointed for terms	4231
ending October 10, 1985, four shall be appointed for terms ending	4232
October 10, 1986, and four shall be appointed for terms ending	4233
October 10, 1987. Of the two initial independent marriage and	4234
family therapists appointed to the board, one shall be appointed	4235
for a term ending two years after the effective date of this	4236
amendment and one for a term ending three years after that date.	4237
Of the two initial marriage and family therapists appointed to the	4238
board, one shall be appointed for a term ending two years after	4239
the effective date of this amendment and one for a term ending	4240
three years after that date. After the initial appointments, terms	4241

(F) Terms of office shall be three years, each term ending on	4242
the same day of the same month of the year as did the term that it	4243
succeeds. As a result of the dates of initial appointment, the	4244
number of terms expiring each year are four, five, or six.	4245

(G) A member shall hold office from the date of appointment	4246
until the end of the term for which the member was appointed. A	4247
member appointed to fill a vacancy occurring prior to the	4248
expiration of the term for which the member's predecessor was	4249
appointed shall hold office for the remainder of that term. A	4250
member shall continue in office after the expiration date of the	4251
member's term until a successor takes office or until a period of	4252
sixty days has elapsed, whichever occurs first. Members may be	4253
reappointed, except that if a person has held office for two	4254
consecutive full terms, the person shall not be reappointed to the	4255
board sooner than one year after the expiration of the second full	4256
term as a member of the board.	4257

Sec. 4757.04.  Within the counselor, social worker, and	4258
marriage and family therapist board, there is hereby created the	4259
counselors professional standards committee, the social workers	4260
professional standards committee, and the marriage and family	4261
therapist professional standards committee.	4262

The counselors professional standards committee consists of	4263
the board's licensed professional clinical counselor and licensed	4264
professional counselor members and one of the members representing	4265
the public who is not the member representing the public on the	4266
marriage and family therapist professional standards committee or	4267
the social workers professional standards committee. The committee	4268
has full authority to act on behalf of the board on all matters	4269
concerning professional clinical counselors and professional	4270
counselors.	4271

The social workers professional standards committee consists	4272
of the board's independent social worker and social worker members	4273
and one of the members representing the public who is not the	4274
member representing the public on the counselors professional	4275
standards committee or the marriage and family therapist	4276
professional standards committee. The committee has full authority	4277
to act on behalf of the board on all matters concerning	4278
independent social workers, social workers, and social work	4279
assistants.	4280

The marriage and family therapist professional standards	4281
committee consists of the board's marriage and family therapists	4282
and one of the members representing the public who is not the	4283
member representing the public on the counselors professional	4284
standards committee or the social workers professional standards	4285
committee. The committee has full authority to act on behalf of	4286
the board on all matters concerning independent marriage and	4287
family therapists and marriage and family therapists.	4288

Sec. 4757.10.  The counselor, social worker, and marriage and	4289
family therapist board may adopt any rules necessary to carry out	4290
this chapter.	4291

The board shall adopt rules that do all of the following:

4292

(A) Concern intervention for and treatment of any impaired	4293
person holding a license or certificate of registration issued	4294
under this chapter;	4295

(B) Establish standards for training and experience of	4296
supervisors described in division (C) of section 4757.30 of the	4297
Revised Code;	4298

(C) Define the requirement that an applicant be of good moral	4299
character in order to be licensed or registered under this	4300
chapter;	4301

(D) Establish requirements for criminal records checks of	4302
applicants under section 4776.03 of the Revised Code;	4303

(E) Establish a graduated system of fines based on the scope	4304
and severity of violations and the history of compliance, not to	4305
exceed five hundred dollars per incident, that any professional	4306
standards committee of the board may charge for a disciplinary	4307
violation described in section 4757.36 of the Revised Code;	4308

(F) Establish the amount and content of corrective action	4309
courses required by the board under section 4755.36 of the Revised	4310
Code;	4311

(G) Provide for voluntary registration of all of the	4312
following:	4313

(1) Master's level counselor trainees enrolled in practice	4314
and internships;	4315

(2) Master's level social worker trainees enrolled in	4316
fieldwork, practice, and internships;	4317

(3) Master's level marriage and family therapist trainees	4318
enrolled in practice and internships.	4319

Rules adopted under division (G) of this section shall not	4320
require a trainee to register with the board, and if a trainee has	4321
not registered, shall prohibit any adverse effect with respect to	4322
a trainee's application for licensure by the board.	4323

All rules adopted under this section shall be adopted in	4324
accordance with Chapter 119. of the Revised Code. When it adopts	4325
rules under this section or any other section of this chapter, the	4326
board may consider standards established by any national	4327
association or other organization representing the interests of	4328
those involved in professional counseling, social work, or	4329
marriage and family therapy.	4330

Sec. 4757.11.  The counselor, social worker, and marriage and	4331
family therapist board shall establish a code of ethical practice	4332
for persons licensed under this chapter as licensed professional	4333
clinical counselors or licensed professional counselors. The board	4334
shall establish a code of ethical practice for persons licensed	4335
under this chapter as independent social workers or social	4336
workers, persons registered under this chapter as social work	4337
assistants, and persons licensed as independent marriage and	4338
family therapists or marriage and family therapists. The codes of	4339
ethical practice shall be established by adopting rules in	4340
accordance with Chapter 119. of the Revised Code. The codes of	4341
ethical practice shall define unprofessional conduct, which shall	4342
include engaging in a dual relationship with a client or former	4343
client, committing an act of sexual abuse, misconduct, or	4344
exploitation of a client or former client, and, except as	4345
permitted by law, violating client confidentiality. The codes of	4346
ethical practice may be based on any codes of ethical practice	4347
developed by national organizations representing the interests of	4348
those involved in professional counseling, social work, or	4349
marriage and family therapy. The board may establish standards in	4350
its codes of ethical practice that are more stringent than those	4351
established by national organizations.	4352

Sec. 4757.13. (A) Each individual who engages in the practice	4353
of professional counseling, social work, or marriage and family	4354
therapy shall prominently display, in a conspicuous place in the	4355
office or place where a major portion of the individual's practice	4356
is conducted, and in such a manner as to be easily seen and read,	4357
the license granted to the individual by the state counselor,	4358
social worker, and marriage and family therapist board.	4359

(B) A license holder engaged in a private individual	4360
practice, partnership, or group practice shall prominently display	4361
the license holder's fee schedule in the office or place where a	4362
major portion of the license holder's practice is conducted. The	4363
bottom of the first page of the fee schedule shall include the	4364
following statement, which shall be followed by the name, address,	4365
and telephone number of the board:	4366

"This information is required by the Counselor, Social	4367
Worker, and Marriage and Family Therapist Board, which regulates	4368
the practices of professional counseling, social work, and	4369
marriage and family therapy in this state."	4370

Sec. 4757.16.  (A) A person seeking to be licensed under this	4371
chapter as a licensed professional clinical counselor or licensed	4372
professional counselor shall file with the counselors professional	4373
standards committee of the counselor, social worker, and marriage	4374
and family therapist board a written application on a form	4375
prescribed by the board. A person seeking to be licensed under	4376
this chapter as an independent social worker or social worker or	4377
registered under this chapter as a social work assistant shall	4378
file with the social workers professional standards committee of	4379
the board a written application on a form prescribed by the board.	4380
A person seeking to be licensed under this chapter as an	4381
independent marriage and family therapist or a marriage and family	4382
therapist shall file with the marriage and family therapist	4383
professional standards committee of the board a written	4384
application on a form prescribed by the board.	4385

Each form prescribed by the board shall contain a statement	4386
informing the applicant that a person who knowingly makes a false	4387
statement on the form is guilty of falsification under section	4388
2921.13 of the Revised Code, a misdemeanor of the first degree.	4389

(B) The professional standards committees shall adopt rules	4390
under Chapter 119. of the Revised Code concerning the process for	4391
review of each application received and shallto determine whether	4392
the applicant meets the requirements to receive the license or	4393
certificate of registration for which application has been made.	4394

Sec. 4757.21.  A person licensed under this chapter to	4395
practice as a licensed professional clinical counselor or a	4396
licensed professional counselor may diagnose and treat mental and	4397
emotional disorders, except that a licensed professional counselor	4398
may do so only under the supervision of a psychologist,	4399
psychiatrist, licensed professional clinical counselor,	4400
independent marriage and family therapist, or independent social	4401
worker. A licensed professional clinical counselor or licensed	4402
professional counselor may engage in the private practice of	4403
professional counseling as an individual practitioner or as a	4404
member of a partnership or group practice.	4405

Sec. 4757.22.  (A) The counselors professional standards	4406
committee of the counselor, social worker, and marriage and family	4407
therapist board shall issue a license to practice as a licensed	4408
professional clinical counselor to each applicant who submits a	4409
properly completed application, pays the fee established under	4410
section 4757.31 of the Revised Code, and meets the requirements	4411
specified in division (B) of this section.	4412

(B)(1) To be eligible for a licensed professional clinical	4413
counselor license, an individual must meet the following	4414
requirements:	4415

(1)(a) The individual must be of good moral character.

4416

(2)(b) The individual must hold from an accredited	4417
educational institution a graduate degree in counseling.	4418

(3)(c) The individual must complete a minimum of ninety	4419
quarter hours or sixty semester hours of graduate credit in	4420
counselor training acceptable to the committee, including a	4421
minimum of thirty quarter hours of instruction in the following	4422
areas:	4423

(a)(i) Clinical psychopathology, personality, and abnormal	4424
behavior;	4425

(b)(ii) Evaluation of mental and emotional disorders;

4426

(c)(iii) Diagnosis of mental and emotional disorders;

4427

(d)(iv) Methods of prevention, intervention, and treatment of	4428
mental and emotional disorders.	4429

(4)(d) The individual must complete, in either a private or	4430
clinical counseling setting, supervised experience in counseling	4431
that is of a type approved by the committee, is supervised by a	4432
licensed professional clinical counselor or other qualified	4433
professional approved by the committee, and is in the following	4434
amounts:	4435

(a)(i) In the case of an individual holding only a master's	4436
degree, not less than two years of experience, which must be	4437
completed after the award of the master's degree;	4438

(b)(ii) In the case of an individual holding a doctorate, not	4439
less than one year of experience, which must be completed after	4440
the award of the doctorate.	4441

(5)(e) The individual must pass a field evaluation that meets	4442
the following requirements:	4443

(a)(i) Has been completed by the applicant's instructors,	4444
employers, supervisors, or other persons determined by the	4445
committee to be competent to evaluate an individual's professional	4446
competence;	4447

(b)(ii) Includes documented evidence of the quality, scope,	4448
and nature of the applicant's experience and competence in	4449
diagnosing and treating mental and emotional disorders.	4450

(6)(f) The individual must pass an examination administered	4451
by the board for the purpose of determining ability to practice as	4452
a licensed professional clinical counselor.	4453

(2) To meet the requirement of division (B)(1)(b) of this	4454
section, a graduate degree in counseling obtained from a mental	4455
health counseling program in this state after January 1, 2018,	4456
must be from a clinical mental health counseling program, a	4457
clinical rehabilitation counseling program, or an addiction	4458
counseling program accredited by the council for accreditation of	4459
counseling and related educational programs.	4460

(3) All of the following meet the educational requirements of	4461
division (B)(1)(c) of this section:	4462

(a) A clinical mental health counseling program accredited by	4463
the council for accreditation of counseling and related	4464
educational programs;	4465

(b) Until January 1, 2018, a mental health counseling program	4466
accredited by the council for accreditation of counseling and	4467
related educational programs;	4468

(c) A graduate degree in counseling issued by another state	4469
from a clinical mental health counseling program, a clinical	4470
rehabilitation counseling program, or an addiction counseling	4471
program that is accredited by the council for accreditation of	4472
counseling and related educational programs;	4473

(d) Any other accredited counseling programs accepted by the	4474
board in accordance with rules adopted under division (F)(3) of	4475
this section.	4476

(C) To be accepted by the committee for purposes of division	4477
(B) of this section, counselor training must include at least the	4478
following:	4479

(1) Instruction in human growth and development; counseling	4480
theory; counseling techniques; group dynamics, processing, and	4481
counseling; appraisal of individuals; research and evaluation;	4482
professional, legal, and ethical responsibilities; social and	4483
cultural foundations; and lifestyle and career development;	4484

(2) Participation in a supervised practicum and internship in	4485
counseling.	4486

(D) The committee may issue a provisionaltemporary license	4487
to an applicant who meets all of the requirements to be licensed	4488
under this section, pending the receipt of transcripts or action	4489
by the committee to issue a license to practice as a licensed	4490
professional clinical counselor.	4491

(E) An individual may not sit for the licensing examination	4492
unless the individual meets the educational requirements to be	4493
licensed under this section. An individual who is denied admission	4494
to the licensing examination may appeal the denial in accordance	4495
with Chapter 119. of the Revised Code.	4496

(F) The board shall adopt any rules necessary for the	4497
committee to implement this section, including. The rules shall do	4498
all of the following:	4499

(1) Establish criteria for the committee to use in	4500
determining whether an applicant's training should be accepted and	4501
supervised experience approved;	4502

(2) Establish course content requirements for qualifying	4503
counseling degrees issued by institutions in other states from	4504
clinical mental health counseling programs, clinical	4505
rehabilitation counseling programs, and addiction counseling	4506
programs that are not accredited by the council for accreditation	4507
of counseling and related educational programs and for graduate	4508
degrees from other accredited counseling programs approved by the	4509
board in accordance with rules adopted under division (F)(3) of	4510
this section;	4511

(3) For purposes of divisions (B)(2)(b) and (3) of this	4512
section, establish requirements for acceptance by the committee of	4513
accredited counseling programs.	4514

Rules adopted under this division shall be adopted in	4515
accordance with Chapter 119. of the Revised Code.	4516

Sec. 4757.23.  (A) The counselors professional standards	4517
committee of the counselor, social worker, and marriage and family	4518
therapist board shall issue a license as a licensed professional	4519
counselor to each applicant who submits a properly completed	4520
application, pays the fee established under section 4757.31 of the	4521
Revised Code, and meets the requirements established under	4522
division (B) of this section.	4523

(B)(1) To be eligible for a license as a licensed	4524
professional counselor, an individual must meet the following	4525
requirements:	4526

(1)(a) The individual must be of good moral character.

4527

(2)(b) The individual must hold from an accredited	4528
educational institution a graduate degree in counseling.	4529

(3)(c) The individual must complete a minimum of ninety	4530
quarter hours or sixty semester hours of graduate credit in	4531
counselor training acceptable to the committee, which the	4532
individual may complete while working toward receiving a graduate	4533
degree in counseling, or subsequent to receiving the degree, and	4534
which shall include training in the following areas:	4535

(i) Clinical psychopathology, personality, and abnormal	4536
behavior;	4537

(ii) Evaluation of mental and emotional disorders;

4538

(iii) Diagnosis of mental and emotional disorders;

4539

(iv) Methods of prevention, intervention, and treatment of	4540
mental and emotional disorders.	4541

(4)(d) The individual must pass an examination administered	4542
by the board for the purpose of determining ability to practice as	4543
a licensed professional counselor.	4544

(2) To meet the requirement of division (B)(1)(b) of this	4545
section, a graduate degree in counseling obtained from a mental	4546
health counseling program in this state after January 1, 2018,	4547
must be from a clinical mental health counseling program, clinical	4548
rehabilitation counseling program, or addiction counseling program	4549
accredited by the council for accreditation of counseling and	4550
related educational programs.	4551

(3) All of the following meet the educational requirements of	4552
division (B)(1)(c) of this section:	4553

(a) A clinical mental health counseling program accredited by	4554
the council for accreditation of counseling and related	4555
educational programs;	4556

(b) Until January 1, 2018, a mental health counseling program	4557
accredited by the council for accreditation of counseling and	4558
related educational programs;	4559

(c) A graduate degree in counseling issued by an institution	4560
in another state from a clinical mental health counseling program,	4561
a clinical rehabilitation counseling program, or an addiction	4562
counseling program that is accredited by the council for	4563
accreditation of counseling and related educational programs;	4564

(d) Any other accredited counseling programs accepted by the	4565
board in accordance with rules adopted under division (F)(3) of	4566
this section.	4567

(C) To be accepted by the committee for purposes of division	4568
(B) of this section, counselor training must include at least the	4569
following:	4570

(1) Instruction in human growth and development; counseling	4571
theory; counseling techniques; group dynamics, processing, and	4572
counseling; appraisal of individuals; research and evaluation;	4573
professional, legal, and ethical responsibilities; social and	4574
cultural foundations; and lifestyle and career development;	4575

(2) Participation in a supervised practicum and internship in	4576
counseling.	4577

(D) The committee may issue a provisionaltemporary license	4578
to practice as a licensed professional counselor to an applicant	4579
who meets all of the requirements to be licensed under this	4580
section, pendingas follows:	4581

(1) Pending the receipt of transcripts or action by the	4582
committee to issue a license as a licensed professional counselor;	4583

(2) For a period not to exceed ninety days, to an applicant	4584
who provides the board with a statement from the applicant's	4585
academic institution indicating that the applicant has met the	4586
academic requirements for the applicant's degree and the projected	4587
date the applicant will receive the applicant's transcript showing	4588
a conferred degree.	4589

On application to the committee, a temporary license issued	4590
under division (D)(2) of this section may be renewed for good	4591
cause shown.	4592

(E) An individual may not sit for the licensing examination	4593
unless the individual meets the educational requirements to be	4594
licensed under this section. An individual who is denied admission	4595
to the licensing examination may appeal the denial in accordance	4596
with Chapter 119. of the Revised Code.	4597

(F) The board shall adopt any rules necessary for the	4598
committee to implement this section, including. The rules shall do	4599
all of the following:	4600

(1) Establish criteria for the committee to use in	4601
determining whether an applicant's training should be accepted and	4602
supervised experience approved;	4603

(2) Establish course content requirements for qualifying	4604
counseling degrees issued by institutions in other states from	4605
clinical mental health counseling programs, clinical	4606
rehabilitation counseling programs, and addiction counseling	4607
programs that are not accredited by the council for accreditation	4608
of counseling and related educational programs and for graduate	4609
degrees from other accredited counseling programs accepted by the	4610
board in accordance with rules adopted under division (F)(3) of	4611
this section;	4612

(3) For purposes of divisions (B)(2)(b) and (3) of this	4613
section, establish requirements for acceptance by the committee of	4614
accredited counseling programs.	4615

Rules adopted under this division shall be adopted in	4616
accordance with Chapter 119. of the Revised Code.	4617

Sec. 4757.26.  (A) A person licensed under this chapter to	4618
practice as an independent social worker or a social worker may	4619
diagnose and treat mental and emotional disorders, except that a	4620
social worker may do so only under the supervision of a	4621
psychologist, psychiatrist, licensed professional clinical	4622
counselor, independent marriage and family therapist, independent	4623
social worker, or registered nurse who holds a master's degree in	4624
psychiatric nursing.	4625

(B) A person licensed under this chapter to practice as an	4626
independent social worker may engage in the private practice of	4627
social work as an individual practitioner or as a member of a	4628
partnership or group practice.	4629

(C) A person licensed under this chapter to practice as a	4630
social worker shall not engage in the private practice of social	4631
work as an individual practitioner or as a member of a partnership	4632
or group practice. A social worker shall not engage in the	4633
practice of social work as an employee of a private individual,	4634
partnership, or group practitioner of social work unless the	4635
social worker is supervised by a psychologist, psychiatrist,	4636
licensed professional clinical counselor, independent marriage and	4637
family therapist, independent social worker, or registered nurse	4638
who holds a master's degree in psychiatric nursing.	4639

(D) A person who receives a certificate of registration to	4640
practice as a social work assistant is not authorized to engage in	4641
the practice of social work. A social work assistant, under the	4642
direct supervision of a psychologist, psychiatrist, licensed	4643
professional clinical counselor, licensed professional counselor,	4644
independent marriage and family therapist, independent social	4645
worker, social worker, or registered nurse who holds a master's	4646
degree in psychiatric nursing, may provide human, social, and	4647
community services that include intake assessment and referral,	4648
screening, crisis intervention and resolution, community support,	4649
case management and outreach, record keeping, social assessment,	4650
visual observation of an individual in the individual's	4651
environment, assistance in facilitation with groups and families,	4652
advocacy, and orientation, education, and prevention services.	4653

Sec. 4757.27.  (A) The social workers professional standards	4654
committee of the counselor, social worker, and marriage and family	4655
therapist board shall issue a license as an independent social	4656
worker to each applicant who submits a properly completed	4657
application, pays the fee established under section 4757.31 of the	4658
Revised Code, and meets the requirements specified in division (B)	4659
of this section. An independent social worker license shall	4660
clearly indicate each academic degree earned by the person to whom	4661
it has been issued.	4662

(B) To be eligible for a license as an independent social	4663
worker, an individual must meet the following requirements:	4664

(1) The individual must be of good moral character.

4665

(2) The individual must hold from an accredited educational	4666
institution a master's degree or a doctorate in social work from	4667
an educational institution accredited by the council on social	4668
work education or an educational institution in candidacy for	4669
accreditation by the council.	4670

(3) The individual must complete at least two years of	4671
post-master's degree social work experience supervised by an	4672
independent social worker.	4673

(4) The individual must pass an examination administered by	4674
the board for the purpose of determining ability to practice as an	4675
independent social worker.	4676

(C) The committee may issue a temporary license to an	4677
applicant who meets all of the requirements to be licensed under	4678
this section, pending the receipt of transcripts or action by the	4679
committee to issue a license as an independent social worker.	4680

(D) The board shall adopt any rules necessary for the	4681
committee to implement this section, including criteria for the	4682
committee to use in determining whether an applicant's training	4683
should be accepted and supervised experience approved. Rules	4684
adopted under this division shall be adopted in accordance with	4685
Chapter 119. of the Revised Code.	4686

Sec. 4757.28.  (A) The social workers professional standards	4687
committee of the counselor, social worker, and marriage and family	4688
therapist board shall issue a license as a social worker to each	4689
applicant who submits a properly completed application, pays the	4690
fee established under section 4757.31 of the Revised Code, and	4691
meets the requirements specified in division (B) of this section.	4692
A social worker license shall clearly indicate each academic	4693
degree earned by the person to whom it is issued.	4694

(B) To be eligible for a license as a social worker, an	4695
individual must meet the following requirements:	4696

(1) The individual must be of good moral character.

4697

(2) The individual must hold from an accredited educational	4698
institution one of the following:	4699

(a) A baccalaureate degree in social work or, prior to	4700
October 10, 1992, a baccalaureate degree in a program closely	4701
related to social work and approved by the committee;	4702

(b) A master's degree in social work;

4703

(c) A doctorate in social work.

4704

(3) The individual must pass an examination administered by	4705
the board for the purpose of determining ability to practice as a	4706
social worker.	4707

(C) The committee may issue a temporary license to practice	4708
as a social worker as follows:	4709

(1) To an applicant who meets all of the requirements to be	4710
licensed under this section, pending the receipt of transcripts or	4711
action by the committee to issue a license as a social worker.	4712
However, the committee may issue a temporary license;	4713

(2) For a period not to exceed ninety days, to an applicant	4714
who provides the board with a statement from the applicant's	4715
academic institution indicating that the applicant is in good	4716
standing with the institution, that the applicant has met the	4717
academic requirements for the applicant's degree, and the	4718
projected date the applicant will receive the applicant's	4719
transcript showing a conferred degree.	4720

On application to the committee, a temporary license issued	4721
under division (C)(2) of this section may be renewed for good	4722
cause shown.	4723

(D) The board shall adopt any rules necessary for the	4724
committee to implement this section, including criteria for the	4725
committee to use in determining whether an applicant's training	4726
should be accepted and supervised experience approved. Rules	4727
adopted under this division shall be adopted in accordance with	4728
Chapter 119. of the Revised Code.	4729

Sec. 4757.29. (A) The social workers professional standards	4730
committee of the counselor, social worker, and marriage and family	4731
therapist board shall issue a certificate of registration as a	4732
social work assistant to each applicant who submits a properly	4733
completed application, pays the fee established under section	4734
4757.31 of the Revised Code, is of good moral character, and holds	4735
from an accredited educational institution an associate degree in	4736
social service technology or a bachelor's degree that is	4737
equivalent to an associate degree in social service technology or	4738
a related bachelor's or higher degree that is approved by the	4739
committee.	4740

(B) On and after March 18, 1997, a counselor assistant	4741
certificate of registration issued under former section 4757.08 of	4742
the Revised Code shall be considered a certificate of registration	4743
as a social work assistant. The holder of the certificate is	4744
subject to the supervision requirements specified in section	4745
4757.26 of the Revised Code, the continuing education requirements	4746
specified in section 4757.33 of the Revised Code, and regulation	4747
by the social workers professional standards committee. On the	4748
first renewal occurring after March 18, 1997, the committee shall	4749
issue a certificate of registration as a social work assistant to	4750
each former counselor assistant who qualifies for renewal.	4751

(C) The social workers professional standards committee shall	4752
issue a certificate of registration as a social work assistant to	4753
any person who, on or before March 18, 1998, meets the	4754
requirements for a certificate of registration as a counselor	4755
assistant pursuant to division (A)(3) of former section 4757.08 of	4756
the Revised Code, submits a properly completed application, pays	4757
the fee established under section 4757.31 of the Revised Code, and	4758
is of good moral character.	4759

Sec. 4757.30.  (A) The marriage and family therapist	4760
professional standards committee of the counselor, social worker,	4761
and marriage and family therapist board shall issue a license to	4762
practice as a marriage and family therapist to a person who has	4763
done all of the following:	4764

(1) Properly completed an application for the license;

4765

(2) Paid the required fee established by the board under	4766
section 4757.31 of the Revised Code;	4767

(3) Achieved one of the following:

4768

(a) Received from an educational institution accredited at	4769
the time the degree was granted by a regional accrediting	4770
organization recognized by the board a master's degree or a	4771
doctorate in marriage and family therapy;	4772

(b) Completed a graduate degree that includes a minimum of	4773
ninety quarter hours of graduate level course work in marriage and	4774
family therapy training that is acceptable to the committee;	4775

(4) Passed an examination administered by the board for the	4776
purpose of determining the person's ability to be a marriage and	4777
family therapist;	4778

(5) Completed a practicum that includes at least three	4779
hundred hours of client contact.	4780

(B) To be accepted by the committee for purposes of division	4781
(A)(3)(b) of this section, marriage and family therapist training	4782
must include instruction in at least the following:	4783

(1) Research and evaluation;

4784

(2) Professional, legal, and ethical responsibilities;

4785

(3) Marriage and family studies;

4786

(4) Marriage and family therapy, including therapeutic theory	4787
and techniques for individuals, groups, and families;	4788

(5) Human development;

4789

(6) Appraisal of individuals and families;

4790

(7) Diagnosis of mental and emotional disorders;

4791

(8) Systems theory.

4792

(C) The marriage and family therapist professional standards	4793
committee shall issue a license to practice as an independent	4794
marriage and family therapist to a person who does both of the	4795
following:	4796

(1) Meets all of the requirements of division (A) of this	4797
section;	4798

(2) After meeting the requirements of division (A)(3) of this	4799
section, completes at least two calendar years of work experience	4800
supervised training while engaged in the practice of marriage and	4801
family therapy.	4802

The two calendar years of work experiencesupervised training	4803
must include two hundred hours of face-to-face supervision while	4804
completing a minimum of one thousand hours of documented client	4805
contact in marriage and family therapy. TwoOf the required two	4806
hundred hours of the one thousand hours must include face-to-face	4807
supervision, a minimum of one hundred hours must be individual	4808
supervision. Supervision shall be performed by a supervisor whose	4809
training and experience meets standards established by the board	4810
in rules adopted under section 4757.10 of the Revised Code and one	4811
hundred hours of the two hundred hours of supervision must be	4812
individual supervision.	4813

(D) An independent marriage and family therapist or a	4814
marriage and family therapist may engage in the private practice	4815
of marriage and family therapy as an individual practitioner or as	4816
a member of a partnership or group practice.	4817

(E) A marriage and family therapist may diagnose and treat	4818
mental and emotional disorders only under the supervision of a	4819
psychologist, psychiatrist, licensed professional clinical	4820
counselor, independent social worker, or independent marriage and	4821
family therapist. An independent marriage and family therapist may	4822
diagnose and treat mental and emotional disorders without	4823
supervision.	4824

(F) Nothing in this chapter or rules adopted under it	4825
authorizes an independent marriage and family therapist or a	4826
marriage and family therapist to admit a patient to a hospital or	4827
requires a hospital to allow a marriage and family therapist to	4828
admit a patient.	4829

(G) An independent marriage and family therapist or a	4830
marriage and family therapist may not diagnose, treat, or advise	4831
on conditions outside the recognized boundaries of the marriage	4832
and family therapist's competency. An independent marriage and	4833
family therapist or a marriage and family therapist shall make	4834
appropriate and timely referrals when a client's needs exceed the	4835
marriage and family therapist's competence level.	4836

Sec. 4757.31.  (A) Subject to division (B) of this section,	4837
the counselor, social worker, and marriage and family therapist	4838
board shall establish, and may from time to time adjust, fees to	4839
be charged for the following:	4840

(1) Examination for licensure as a licensed professional	4841
clinical counselor, licensed professional counselor, marriage and	4842
family therapist, independent marriage and family therapist,	4843
social worker, or independent social worker;	4844

(2) Initial licenses of licensed professional clinical	4845
counselors, licensed professional counselors, marriage and family	4846
therapists, independent marriage and family therapists, social	4847
workers, and independent social workers, except that the board	4848
shall charge only one fee to a person who fulfills all	4849
requirements for more than one of the following initial licenses:	4850
an initial license as a social worker or independent social	4851
worker, an initial license as a licensed professional counselor or	4852
licensed professional clinical counselor, and an initial license	4853
as a marriage and family therapist or independent marriage and	4854
family therapist;	4855

(3) Initial certificates of registration of social work	4856
assistants;	4857

(4) Renewal and late renewal of licenses of licensed	4858
professional clinical counselors, licensed professional	4859
counselors, marriage and family therapists, independent marriage	4860
and family therapists, social workers, and independent social	4861
workers and renewal and late renewal of certificates of	4862
registration of social work assistants;	4863

(5) Verification, to another jurisdiction, of a license or	4864
registration issued by the board;	4865

(6) Continuing education programs offered by the board to	4866
licensees or registrants;	4867

(7) Approval of continuing education programs;

4868

(8) Approval of continuing education providers to be	4869
authorized to offer continuing education programs without prior	4870
approval from the board for each program offered;	4871

(9) Issuance of a replacement copy of any wall certificate	4872
issued by the board;	4873

(10) Late completion of continuing counselor, social worker,	4874
or marriage and family therapy education required under section	4875
4757.33 of the Revised Code and the rules adopted under it.	4876

(B) The fees charged under division (A)(1) of this section	4877
shall be established in amounts sufficient to cover the direct	4878
expenses incurred in examining applicants for licensure. The fees	4879
charged under divisions (A)(2) to (9) of this section shall be	4880
nonrefundable and shall be established in amounts sufficient to	4881
cover the necessary expenses in administering this chapter and	4882
rules adopted under it that are not covered by fees charged under	4883
division (A)(1) or (C) of this section. The renewal fee for a	4884
license or certificate of registration shall not be less than the	4885
initial fee for that license or certificate. The fees charged for	4886
licensure and registration and the renewal of licensure and	4887
registration may differ for the various types of licensure and	4888
registration, but shall not exceed one hundred twenty-five dollars	4889
each, unless the board determines that amounts in excess of one	4890
hundred twenty-five dollars are needed to cover its necessary	4891
expenses in administering this chapter and rules adopted under it	4892
and the amounts in excess of one hundred twenty-five dollars are	4893
approved by the controlling board.	4894

(C) All receipts of the board shall be deposited in the state	4895
treasury to the credit of the occupational licensing and	4896
regulatory fund. All vouchers of the board shall be approved by	4897
the chairperson or executive director of the board, or both, as	4898
authorized by the board.	4899

Sec. 4757.321. (A) A person licensed or registered under this	4900
chapter may apply to the counselor, social worker, and marriage	4901
and family therapist board to have the person's license or	4902
registration classified as inactive. If a fee is charged under	4903
division (B) of this section, the person shall include the fee	4904
with the application. If the person's license or registration is	4905
in good standing and the person meets any other requirements	4906
established by the board in rules adopted under this section, the	4907
board shall classify the license or registration as inactive. The	4908
inactive classification shall become effective on the date	4909
immediately following the date that the person's license or	4910
registration is scheduled to expire.	4911

(B) The board may charge a fee for classifying a license or	4912
registration as inactive.	4913

(C) During the period that a license or registration is	4914
classified as inactive, the person may not engage in the practice	4915
of professional counseling, social work, or marriage and family	4916
therapy, as applicable, in this state or make any representation	4917
to the public indicating that the person is actively licensed or	4918
registered under this chapter.	4919

(D) A person whose license or registration has been	4920
classified as inactive may apply to the board to have the license	4921
or registration reactivated. The board shall reactivate the	4922
license or registration if the person meets the requirements	4923
established by the board in rules adopted under this section.	4924

(E) The board's jurisdiction to take disciplinary action	4925
under this chapter is not removed or limited when a license or	4926
registration is classified as inactive under this section.	4927

(F) The board shall adopt rules as necessary for classifying	4928
a license or registration as inactive and reactivating an inactive	4929
license or registration. The rules shall be adopted in accordance	4930
with Chapter 119. of the Revised Code.	4931

(G) This section does not apply to registration of master's	4932
level counselor trainees, social worker trainees, marriage and	4933
family therapist trainees, or continuing education providers.	4934

Sec. 4757.33.  (A) Except as provided in division (B) of this	4935
section, each person who holds a license or certificate of	4936
registration issued under this chapter shall complete during the	4937
period that the license or certificate is in effect not less than	4938
thirty clock hours of continuing professional education as a	4939
condition of receiving a renewed license or certificate. To have a	4940
lapsed license or certificate of registration restored, a person	4941
shall complete the number of hours of continuing education	4942
specified by the counselor, social worker, and marriage and family	4943
therapist board in rules it shall adopt in accordance with Chapter	4944
119. of the Revised Code.	4945

The professional standards committees of the counselor,	4946
social worker, and marriage and family therapist board shall adopt	4947
rules in accordance with Chapter 119. of the Revised Code	4948
establishing standards and procedures to be followed by the	4949
committees in conducting the continuing education approval	4950
process, which shall include registering individuals and entities	4951
to provide continuing education programs approved by the board.	4952

(B) The board may waive the continuing education requirements	4953
established under this section for persons who are unable to	4954
fulfill them because of military service, illness, residence	4955
abroad, or any other reason the committee considers acceptable.	4956

In the case of a social worker licensed by virtue of	4957
receiving, prior to October 10, 1992, a baccalaureate degree in a	4958
program closely related to social work, as a condition of the	4959
first renewal of the license, the social worker must complete at	4960
an accredited educational institution a minimum of five semester	4961
hours of social work graduate or undergraduate credit, or their	4962
equivalent, that is acceptable to the committee and includes a	4963
course in social work theory and a course in social work methods.	4964

Sec. 4757.34. Not later than ninety days after December 9,	4965
1994, theThe counselor, social worker, and marriage and family	4966
therapist board shall approve one or more continuing education	4967
courses of study that assist social workers, independent social	4968
workers, social work assistants, independent marriage and family	4969
therapists, marriage and family therapists, licensed professional	4970
clinical counselors, and licensed professional counselors in	4971
recognizing the signs of domestic violence and its relationship to	4972
child abuse. Social workers, independent social workers, social	4973
work assistants, independent marriage and family therapists,	4974
marriage and family therapists, licensed professional clinical	4975
counselors, and licensed professional counselors are not required	4976
to take the courses.	4977

Sec. 4757.36.  (A) The appropriate professional standards	4978
committee of the counselor, social worker, and marriage and family	4979
therapist board may, in accordance with Chapter 119. of the	4980
Revised Code, take any action specified in division (B) of this	4981
section for any reason described in division (C) of this section	4982
against an individual who has applied for or holds a license to	4983
practice as a professional clinical counselor, professional	4984
counselor, independent marriage and family therapist, marriage and	4985
family therapist, social worker, or independent social worker, or	4986
a certificate of registration to practice as a social work	4987
assistant, for any reason described in division (C) of this	4988
sectionissued under this chapter; a master's level counselor	4989
trainee, social worker trainee, or marriage and family therapist	4990
trainee; or an individual or entity that is registered, or has	4991
applied for registration, in accordance with rules adopted under	4992
section 4757.33 of the Revised Code to provide continuing	4993
education programs approved by the board.	4994

(B) In its imposition of sanctions against an individual or	4995
entity specified in division (A) of this section, the board may do	4996
any of the following:	4997

(1) Refuse to issue or refuse to renew a license or	4998
certificate of registration;	4999

(2) Suspend, revoke, or otherwise restrict a license or	5000
certificate of registration;	5001

(3) Reprimand an individual holding a license or certificate	5002
of registration;	5003

(4) Impose a fine in accordance with the graduated system of	5004
fines established by the board in rules adopted under section	5005
4757.10 of the Revised Code;	5006

(5) Require an individual holding a license or certificate of	5007
registration to take corrective action courses.	5008

(C) The appropriate professional standards committee of the	5009
board may take an action specified in division (B) of this section	5010
for any of the following reasons:	5011

(1) Commission of an act that violates any provision of this	5012
chapter or rules adopted under it;	5013

(2) Knowingly making a false statement on an application for	5014
licensure or registration, or for renewal of a license or	5015
certificate of registration;	5016

(3) Accepting a commission or rebate for referring persons to	5017
any professionals licensed, certified, or registered by any court	5018
or board, commission, department, division, or other agency of the	5019
state, including, but not limited to, individuals practicing	5020
counseling, social work, or marriage and family therapy or	5021
practicing in fields related to counseling, social work, or	5022
marriage and family therapy;	5023

(4) A failure to comply with section 4757.124757.13 of the	5024
Revised Code;	5025

(5) A conviction in this or any other state of a crime that	5026
is a felony in this state;	5027

(6) A failure to perform properly as a licensed professional	5028
clinical counselor, licensed professional counselor, independent	5029
marriage and family therapist, marriage and family therapist,	5030
social work assistant, social worker, or independent social worker	5031
due to the use of alcohol or other drugs or any other physical or	5032
mental condition;	5033

(7) A conviction in this state or in any other state of a	5034
misdemeanor committed in the course of practice as a licensed	5035
professional clinical counselor, licensed professional counselor,	5036
independent marriage and family therapist, marriage and family	5037
therapist, social work assistant, social worker, or independent	5038
social worker;	5039

(8) Practicing outside the scope of practice applicable to	5040
that person;	5041

(9) Practicing in violation of the supervision requirements	5042
specified under sections 4757.21 and 4757.26, and division (E) of	5043
section 4757.30, of the Revised Code;	5044

(10) A violation of the person's code of ethical practice	5045
adopted by rule of the board pursuant to section 4757.11 of the	5046
Revised Code;	5047

(11) Revocation or suspension of a license or certificate of	5048
registration, other disciplinary action against a license holder	5049
or registration, or the voluntary surrender of a license or	5050
certificate of registration in another state or jurisdiction for	5051
an offense that would be a violation of this chapter.	5052

(D) A disciplinary action under division (B) of this section	5053
shall be taken pursuant to an adjudication under Chapter 119. of	5054
the Revised Code, except that in lieu of an adjudication, the	5055
appropriate professional standards committee may enter into a	5056
consent agreement with an individual or entity specified in	5057
division (A) of this section to resolve an allegation of a	5058
violation of this chapter or any rule adopted under it. A consent	5059
agreement, when ratified by the appropriate professional standards	5060
committee, constitutes the findings and order of the board with	5061
respect to the matter addressed in the agreement. If a committee	5062
refuses to ratify a consent agreement, the admissions and findings	5063
contained in the consent agreement are of no force or effect.	5064

(E) In any instance in which a professional standards	5065
committee of the board is required by Chapter 119. of the Revised	5066
Code to give notice of the opportunity for a hearing and the	5067
individual or entity subject to the notice does not timely request	5068
a hearing in accordance with section 119.07 of the Revised Code,	5069
the committee may adopt a final order that contains the board's	5070
findings. In that final order, the committee may order any of the	5071
sanctions identified in division (B) of this section.	5072

(F) One year or more after the date of suspension or	5073
revocation of a license or certificate of registration under this	5074
section, application may be made to the appropriate professional	5075
standards committee for reinstatement. The committee may accept	5076
approve or refusedeny an application for reinstatement. If a	5077
license has been suspended or revoked, the committee may require	5078
an examination for reinstatement.	5079

(E)(G) On request of the board, the attorney general shall	5080
bring and prosecute to judgment a civil action to collect any fine	5081
imposed under division (B)(4) of this section that remains unpaid.	5082

(F)(H) All fines collected under division (B)(4) of this	5083
section shall be deposited into the state treasury to the credit	5084
of the occupational licensing and regulatory fund.	5085

Sec. 4757.37.  (A) An individual whom the counselor, social	5086
worker, and marriage and family therapist board licenses,	5087
certificates, or otherwise legally authorizes to engage in the	5088
practice of professional counseling, social work, or marriage and	5089
family therapy may render the professional services of a licensed	5090
professional clinical counselor, licensed professional counselor,	5091
independent social worker, social worker, independent marriage and	5092
family therapist, or marriage and family therapist within this	5093
state through a corporation formed under division (B) of section	5094
1701.03 of the Revised Code, a limited liability company formed	5095
under Chapter 1705. of the Revised Code, a partnership, or a	5096
professional association formed under Chapter 1785. of the Revised	5097
Code. This division does not preclude such an individual from	5098
rendering professional services as a licensed professional	5099
clinical counselor, licensed professional counselor, independent	5100
social worker, social worker, independent marriage and family	5101
therapist, or marriage and family therapist through another form	5102
of business entity, including, but not limited to, a nonprofit	5103
corporation or foundation, or in another manner that is authorized	5104
by or in accordance with this chapter, another chapter of the	5105
Revised Code, or rules of the counselor, social worker, and	5106
marriage and family therapist board adopted pursuant to this	5107
chapter.	5108

(B) A corporation, limited liability company, partnership, or	5109
professional association described in division (A) of this section	5110
may be formed for the purpose of providing a combination of the	5111
professional services of the following individuals who are	5112
licensed, certificated, or otherwise legally authorized to	5113
practice their respective professions:	5114

(1) Optometrists who are authorized to practice optometry	5115
under Chapter 4725. of the Revised Code;	5116

(2) Chiropractors who are authorized to practice chiropractic	5117
or acupuncture under Chapter 4734. of the Revised Code;	5118

(3) Psychologists who are authorized to practice psychology	5119
under Chapter 4732. of the Revised Code;	5120

(4) Registered or licensed practical nurses who are	5121
authorized to practice nursing as registered nurses or as licensed	5122
practical nurses under Chapter 4723. of the Revised Code;	5123

(5) Pharmacists who are authorized to practice pharmacy under	5124
Chapter 4729. of the Revised Code;	5125

(6) Physical therapists who are authorized to practice	5126
physical therapy under sections 4755.40 to 4755.56 of the Revised	5127
Code;	5128

(7) Occupational therapists who are authorized to practice	5129
occupational therapy under sections 4755.04 to 4755.13 of the	5130
Revised Code;	5131

(8) Mechanotherapists who are authorized to practice	5132
mechanotherapy under section 4731.151 of the Revised Code;	5133

(9) Doctors of medicine and surgery, osteopathic medicine and	5134
surgery, or podiatric medicine and surgery who are authorized for	5135
their respective practices under Chapter 4731. of the Revised	5136
Code;	5137

(10) Licensed professional clinical counselors, licensed	5138
professional counselors, independent social workers, social	5139
workers, independent marriage and family therapists, or marriage	5140
and family therapists who are authorized for their respective	5141
practices under this chapter.	5142

This division applies notwithstanding a provision of a code	5143
of ethics applicable to an individual who is a licensed	5144
professional clinical counselor, licensed professional counselor,	5145
independent social worker, social worker, independent marriage and	5146
family therapist, or marriage and family therapist that prohibits	5147
the individual from engaging in the individual's practice in	5148
combination with a person who is licensed, certificated, or	5149
otherwise legally authorized to practice optometry, chiropractic,	5150
acupuncture through the state chiropractic board, psychology,	5151
nursing, pharmacy, physical therapy, occupational therapy,	5152
mechanotherapy, medicine and surgery, osteopathic medicine and	5153
surgery, or podiatric medicine and surgery, but who is not also	5154
licensed, certificated, or otherwise legally authorized to engage	5155
in the practice of professional counseling, social work, or	5156
marriage and family therapy.	5157

Sec. 4757.38. (A) The counselor, social worker, and marriage	5158
and family therapist board shall investigate alleged violations of	5159
this chapter or the rules adopted under it and alleged	5160
irregularities in the delivery of services related to professional	5161
counseling, social work, or marriage and family therapy by persons	5162
licensed or registered under this chapter. As part of its conduct	5163
of an investigation, the board may issue subpoenas, examine	5164
witnesses, and administer oaths.	5165

(B) All of the following apply under this chapter with	5166
respect to the confidentiality of information:	5167

(1) Information received by the board pursuant to a complaint	5168
or an investigation is confidential and not subject to discovery	5169
in any civil action, except that the board may disclose	5170
information to law enforcement officers and government entities	5171
for purposes of an investigation of either an individual who holds	5172
a license or certificate of registration issued under this chapter	5173
or an individual or entity that may have engaged in the	5174
unauthorized practice of professional counseling, social work, or	5175
marriage and family therapy. No law enforcement officer or	5176
government entity with knowledge of any information disclosed by	5177
the board pursuant to this division shall divulge the information	5178
to any other person or government entity except for the purpose of	5179
a government investigation, a prosecution, or an adjudication by a	5180
court or government entity.	5181

(2) If an investigation requires a review of patient records,	5182
the investigation and proceeding shall be conducted in such a	5183
manner as to protect patient confidentiality.	5184

(3) All adjudications and investigations of the board are	5185
civil actions for the purposes of section 2305.252 of the Revised	5186
Code.	5187

(4) Any board activity that involves continued monitoring of	5188
an individual as part of or following any disciplinary action	5189
taken under section 4755.36 of the Revised Code shall be conducted	5190
in a manner that maintains the individual's confidentiality.	5191
Information received or maintained by the board with respect to	5192
the board's monitoring activities is not subject to discovery in	5193
any civil action and is confidential, except that the board may	5194
disclose information to law enforcement officers and government	5195
entities for purposes of an investigation of an individual holding	5196
a license or certificate of registration issued under this	5197
chapter.	5198

(C) The board may receive any information necessary to	5199
conduct an investigation under this section. If the board is	5200
investigating the provision of services to a couple or group, it	5201
is not necessary for both members of the couple or all members of	5202
the group to consent to the release of information relevant to the	5203
investigation.	5204

(D) The board shall ensure that all records it holds	5205
pertaining to an investigation remain confidential. The board	5206
shall adopt rules establishing procedures to be followed in	5207
maintaining the confidentiality of its investigative records. The	5208
rules shall be adopted in accordance with Chapter 119. of the	5209
Revised Code.	5210

Sec. 4757.41.  (A) This chapter shall not apply to the	5211
following:	5212

(1) A person certified by the state board of education under	5213
Chapter 3319. of the Revised Code while performing any services	5214
within the person's scope of employment by a board of education or	5215
by a private school meeting the standards prescribed by the state	5216
board of education under division (D) of section 3301.07 of the	5217
Revised Code or in a program operated under Chapter 5126. of the	5218
Revised Code for training individuals with mental retardation or	5219
other developmental disabilities;	5220

(2) Psychologists or school psychologists licensed under	5221
Chapter 4732. of the Revised Code;	5222

(3) Members of other professions licensed, certified, or	5223
registered by this state while performing services within the	5224
recognized scope, standards, and ethics of their respective	5225
professions;	5226

(4) Rabbis, priests, Christian science practitioners, clergy,	5227
or members of religious orders and other individuals participating	5228
with them in pastoral counseling when the counseling activities	5229
are within the scope of the performance of their regular or	5230
specialized ministerial duties and are performed under the	5231
auspices or sponsorship of an established and legally cognizable	5232
church, denomination, or sect or an integrated auxiliary of a	5233
church as defined in federal tax regulations, paragraph (g)(5) of	5234
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the	5235
service remains accountable to the established authority of that	5236
church, denomination, sect, or integrated auxiliary;	5237

(5) Any person who is not licensed under this chapter as a	5238
licensed professional clinical counselor, licensed professional	5239
counselor, independent social worker, or social worker and is	5240
employed in the civil service as defined in section 124.01 of the	5241
Revised Code while engaging in social work or professional	5242
counseling or social work as a civil service employee, if on the	5243
effective date of this amendment the person has at least two years	5244
of service in that capacity;	5245

(6) A student in an accredited educational institution while	5246
carrying out activities that are part of the student's prescribed	5247
course of study if the activities are supervised as required by	5248
the educational institution and if the student does not hold	5249
herself or himself out as a person licensed or registered under	5250
this chapter;	5251

(7) Individuals who hold a license or certificate under	5252
Chapter 4758. of the Revised Code who are acting within the scope	5253
of their license or certificate as members of the profession of	5254
chemical dependency counseling or alcohol and other drug	5255
prevention services;	5256

(8) Any person employed by the American red cross while	5257
engaging in activities relating to services for military families	5258
and veterans and disaster relief, as described in the "American	5259
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	5260
amended;	5261

(9) Members of labor organizations who hold union counselor	5262
certificates while performing services in their official capacity	5263
as union counselors;	5264

(10) Any person employed in a hospital as defined in section	5265
3727.01 of the Revised Code or in a nursing home as defined in	5266
section 3721.01 of the Revised Code while providing as a hospital	5267
employee or nursing home employee, respectively, social services	5268
other than counseling and the use of psychosocial interventions	5269
and social psychotherapy;	5270

(11) A vocational rehabilitation professional who is	5271
providing rehabilitation services to individuals under section	5272
3304.17 of the Revised Code, or holds certification by the	5273
commission on rehabilitation counselor certification and is	5274
providing rehabilitation counseling services consistent with the	5275
commission's standards;	5276

(12) A caseworker not licensed under this chapter as an	5277
independent social worker or social worker who is employed by a	5278
public children services agency under section 5153.112 of the	5279
Revised Code.	5280

(B) Divisions (A)(5), (8), and (10) of this section do not	5281
prevent a person described in those divisions from obtaining a	5282
license or certificate of registration under this chapter.	5283

(C) Except as provided in divisions (A) and (D) of this	5284
section, no employee in the service of the state, including public	5285
employees as defined by Chapter 4117. of the Revised Code, shall	5286
engage in the practice of professional counseling, social work, or	5287
marriage and family therapy without the appropriate license issued	5288
by the board. Failure to comply with this division constitutes	5289
nonfeasance under section 124.34 of the Revised Code or just cause	5290
under a collective bargaining agreement. Nothing in this division	5291
restricts the director of administrative services from developing	5292
new classifications related to this division or from reassigning	5293
affected employees to appropriate classifications based on the	5294
employee's duties and qualifications.	5295

(D) Except as provided in division (A) of this section, an	5296
employee who was engaged in the practice of professional	5297
counseling, social work, or marriage and family therapy in the	5298
service of the state prior to the effective date of this	5299
amendment, including public employees as defined by Chapter 4117.	5300
of the Revised Code, shall comply with division (C) of this	5301
section within two years after the effective date of this	5302
amendment. Any such employee who fails to comply shall be removed	5303
from employment.	5304

(E) Nothing in this chapter prevents a public children	5305
services agency from employing as a caseworker a person not	5306
licensed under this chapter as an independent social worker or	5307
social worker who has the qualifications specified in section	5308
5153.112 of the Revised Code.	5309

Sec. 4757.43.  Nothing in this chapter or the rules adopted	5310
under it shall be construed as authorizing a licensed professional	5311
clinical counselor, licensed professional counselor, independent	5312
marriage and family therapist, marriage and family therapist,	5313
independent social worker, social worker, or social work assistant	5314
to admit a patient to a hospital or as requiring a hospital to	5315
allow any of those individuals to admit a patient.	5316

Sec. 4758.40. An individual seeking an independent chemical	5317
dependency counselor license shall meet the requirements of	5318
division (A) or (B) of this section.	5319

(A) To meet the requirements of this division, an individual	5320
must meet all of the following requirements:	5321

(1) Hold from an accredited educational institution at least	5322
a master's degree in a behavioral science or nursing that meets	5323
the course requirements specified in rules adopted under section	5324
4758.20 of the Revised Code;	5325

(2) Have not less than two thousand hours of compensated work	5326
or supervised internship experience in any of the following, not	5327
less than four hundred hours of which are in chemical dependency	5328
counseling:	5329

(a) Chemical dependency services, substance abuse services,	5330
or both types of services;	5331

(b) The practice of psychology, as defined in section 4732.01	5332
of the Revised Code;	5333

(c) The practice of professional counseling, the practice of	5334
social work, or the practice of marriage and family therapy, all	5335
as defined in section 4757.01 of the Revised Code.	5336

(3) Have a minimum of one hundred eighty hours of training in	5337
chemical dependency that meets the requirements specified in rules	5338
adopted under section 4758.20 of the Revised Code;	5339

(4) Unless the individual holds a valid license,	5340
registration, certificate, or credentials issued under another	5341
chapter of the Revised Code that authorizes the individual to	5342
engage in a profession whose scope of practice includes chemical	5343
dependency counseling and diagnosing and treating chemical	5344
dependency conditions, pass one or more examinations administered	5345
pursuant to section 4758.22 of the Revised Code for the purpose of	5346
determining competence to practice as an independent chemical	5347
dependency counselor.	5348

(B) To meet the requirements of this division, an individual	5349
must meet both of the following requirements:	5350

(1) Hold, on December 23, 2002, a certificate or credentials	5351
that were accepted under former section 3793.07 of the Revised	5352
Code as authority to practice as a certified chemical dependency	5353
counselor III or certified chemical dependency counselor III-E;	5354

(2) Meet one of the following requirements:

5355

(a) Hold the degree described in division (A)(1) of this	5356
section;	5357

(b) Have held a chemical dependency counselor III, II, or I	5358
certificate for at least eight consecutive years and have not less	5359
than forty clock hours of training on the version of the	5360
diagnostic and statistical manual of mental disorders that is	5361
current at the time of the training. The training must meet the	5362
requirements specified in rules adopted under section 4758.20 of	5363
the Revised Code. An individual authorized under Chapter 4731. of	5364
the Revised Code to practice medicine and surgery or osteopathic	5365
medicine and surgery, a psychologist licensed under Chapter 4732.	5366
of the Revised Code, or a licensed professional clinical counselor	5367
or independent social worker licensed under Chapter 4757. of the	5368
Revised Code may provide any portion of the training. An	5369
independent chemical dependency counselor licensed under this	5370
chapter who holds the degree described in division (A)(1) of this	5371
section may provide the portion of the training on chemical	5372
dependency conditions.	5373

Sec. 4758.41. An individual seeking a chemical dependency	5374
counselor III license shall meet the requirements of division (A),	5375
(B), or (C) of this section.	5376

(A) To meet the requirements of this division, an individual	5377
must meet all of the following requirements:	5378

(1) Hold from an accredited educational institution at least	5379
a bachelor's degree in a behavioral science or nursing that meets	5380
the course requirements specified in rules adopted under section	5381
4758.20 of the Revised Code;	5382

(2) Have not less than two thousand hours of compensated work	5383
or supervised internship experience in any of the following, not	5384
less than four hundred hours of which are in chemical dependency	5385
counseling:	5386

(a) Chemical dependency services, substance abuse services,	5387
or both types of services;	5388

(b) The practice of psychology, as defined in section 4732.01	5389
of the Revised Code;	5390

(c) The practice of professional counseling, the practice of	5391
social work, or the practice of marriage and family therapy, all	5392
as defined in section 4757.01 of the Revised Code.	5393

(3) Have a minimum of one hundred eighty hours of training in	5394
chemical dependency that meets the requirements specified in rules	5395
adopted under section 4758.20 of the Revised Code;	5396

(4) Unless the individual holds a valid license,	5397
registration, certificate, or credentials issued under another	5398
chapter of the Revised Code that authorizes the individual to	5399
engage in a profession whose scope of practice includes chemical	5400
dependency counseling and diagnosing and treating chemical	5401
dependency conditions, pass one or more examinations administered	5402
pursuant to section 4758.22 of the Revised Code for the purpose of	5403
determining competence to practice as a chemical dependency	5404
counselor III.	5405

(B) To meet the requirements of this division, an individual	5406
must meet both of the following requirements:	5407

(1) Hold, on December 23, 2002, a certificate or credentials	5408
that were accepted under former section 3793.07 of the Revised	5409
Code as authority to practice as a certified chemical dependency	5410
counselor III or certified chemical dependency counselor III-E;	5411

(2) Have not less than forty clock hours of training on the	5412
version of the diagnostic and statistical manual of mental	5413
disorders that is current at the time of the training. The	5414
training must meet the requirements specified in rules adopted	5415
under section 4758.20 of the Revised Code. An individual	5416
authorized under Chapter 4731. of the Revised Code to practice	5417
medicine and surgery or osteopathic medicine and surgery, a	5418
psychologist licensed under Chapter 4732. of the Revised Code, or	5419
a licensed professional clinical counselor or independent social	5420
worker licensed under Chapter 4757. of the Revised Code may	5421
provide any portion of the training. An independent chemical	5422
dependency counselor licensed under this chapter who holds the	5423
degree described in division (A)(1) of section 4758.40 of the	5424
Revised Code may provide the portion of the training on chemical	5425
dependency conditions.	5426

(C) To meet the requirements of this division, an individual	5427
must meet all of the following requirements:	5428

(1) Hold, on December 23, 2002, a certificate or credentials	5429
that were accepted under former section 3793.07 of the Revised	5430
Code as authority to practice as a certified chemical dependency	5431
counselor II;	5432

(2) Meet the requirement of division (B)(2) of this section;

5433

(3) Hold a bachelor's degree in a behavioral science.

5434

Sec. 4758.55.  In addition to practicing chemical dependency	5435
counseling, an individual holding a valid independent chemical	5436
dependency counselor license may do all of the following:	5437

(A) Diagnose and treat chemical dependency conditions;

5438

(B) Perform treatment planning, assessment, crisis	5439
intervention, individual and group counseling, case management,	5440
and education services as they relate to abuse of and dependency	5441
on alcohol and other drugs;	5442

(C) Provide clinical supervision of chemical dependency	5443
counseling under the supervision of any of the following:	5444

(1) An independent chemical dependency counselor-clinical	5445
supervisor licensed under this chapter;	5446

(2) An individual authorized under Chapter 4731. of the	5447
Revised Code to practice medicine and surgery or osteopathic	5448
medicine and surgery;	5449

(3) A psychologist licensed under Chapter 4732. of the	5450
Revised Code;	5451

(4) A registered nurse licensed under Chapter 4723. of the	5452
Revised Code or licensed professional clinical counselor,	5453
independent social worker, or independent marriage and family	5454
therapist licensed under Chapter 4757. of the Revised Code if such	5455
supervision is consistent with the scope of practice of the	5456
registered nurse, licensed professional clinical counselor,	5457
independent social worker, or independent marriage and family	5458
therapist.	5459

(D) Refer individuals with nonchemical dependency conditions	5460
to appropriate sources of help.	5461

Sec. 4758.561. Any of the following professionals may	5462
supervise a chemical dependency counselor III for purposes of	5463
divisions (A)(1) and (4) of section 4758.56 of the Revised Code:	5464

(A) An independent chemical dependency counselor-clinical	5465
supervisor licensed under this chapter;	5466

(B) An individual authorized under Chapter 4731. of the	5467
Revised Code to practice medicine and surgery or osteopathic	5468
medicine and surgery;	5469

(C) A psychologist licensed under Chapter 4732. of the	5470
Revised Code;	5471

(D) A registered nurse licensed under Chapter 4723. of the	5472
Revised Code or licensed professional clinical counselor,	5473
independent social worker, or independent marriage and family	5474
therapist licensed under Chapter 4757. of the Revised Code if such	5475
supervision is consistent with the scope of practice of the	5476
registered nurse, licensed professional clinical counselor,	5477
independent social worker, or independent marriage and family	5478
therapist.	5479

Sec. 4758.59. (A) Subject to division (B) of this section, an	5480
individual holding a valid chemical dependency counselor assistant	5481
certificate may do both of the following in addition to practicing	5482
chemical dependency counseling:	5483

(1) Perform treatment planning, assessment, crisis	5484
intervention, individual and group counseling, case management,	5485
and education services as they relate to abuse of or dependency on	5486
alcohol and other drugs;	5487

(2) Refer individuals with nonchemical dependency conditions	5488
to appropriate sources of help.	5489

(B) An individual holding a valid chemical dependency	5490
counselor assistant certificate may practice chemical dependency	5491
counseling and perform the tasks specified in division (A) of this	5492
section only while under the supervision of any of the following:	5493

(1) An independent chemical dependency counselor-clinical	5494
supervisor, independent chemical dependency counselor, or chemical	5495
dependency counselor III licensed under this chapter;	5496

(2) An individual authorized under Chapter 4731. of the	5497
Revised Code to practice medicine and surgery or osteopathic	5498
medicine and surgery;	5499

(3) A psychologist licensed under Chapter 4732. of the	5500
Revised Code;	5501

(4) A registered nurse licensed under Chapter 4723. of the	5502
Revised Code or licensed professional clinical counselor,	5503
independent social worker, or independent marriage and family	5504
therapist licensed under Chapter 4757. of the Revised Code if such	5505
supervision is consistent with the scope of practice of the	5506
registered nurse, licensed professional clinical counselor,	5507
independent social worker, or independent marriage and family	5508
therapist.	5509

(C) A chemical dependency counselor assistant may not	5510
practice as an individual practitioner.	5511

Sec. 4758.61. An individual who holds a valid prevention	5512
specialist assistant certificate or registered applicant	5513
certificate issued under this chapter may engage in the practice	5514
of alcohol and other drug prevention services under the	5515
supervision of any of the following:	5516

(A) A prevention specialist II or prevention specialist I	5517
certified under this chapter;	5518

(B) An independent chemical dependency counselor-clinical	5519
supervisor, an independent chemical dependency counselor, or a	5520
chemical dependency counselor III licensed under this chapter;	5521

(C) An individual authorized under Chapter 4731. of the	5522
Revised Code to practice medicine and surgery or osteopathic	5523
medicine and surgery;	5524

(D) A psychologist licensed under Chapter 4732. of the	5525
Revised Code;	5526

(E) A registered nurse licensed under Chapter 4723. of the	5527
Revised Code;	5528

(F) A licensed professional clinical counselor, a licensed	5529
professional counselor, an independent social worker, a social	5530
worker, an independent marriage and family therapist, or a	5531
marriage and family therapist licensed under Chapter 4757. of the	5532
Revised Code;	5533

(G) A school counselor licensed by the department of	5534
education pursuant to section 3319.22 of the Revised Code;	5535

(H) A health education specialist certified by the national	5536
commission for health education credentialing.	5537

Sec. 4769.01.  As used in this chapter:

5538

(A) "Medicare" means the program established by Title XVIII	5539
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	5540
301, as amended.	5541

(B) "Balance billing" means charging or collecting from a	5542
medicare beneficiary an amount in excess of the medicare	5543
reimbursement rate for medicare-covered services or supplies	5544
provided to a medicare beneficiary, except when medicare is the	5545
secondary insurer. When medicare is the secondary insurer, the	5546
health care practitioner may pursue full reimbursement under the	5547
terms and conditions of the primary coverage and, if applicable,	5548
the charge allowed under the terms and conditions of the	5549
appropriate provider contract, from the primary insurer, but the	5550
medicare beneficiary cannot be balance billed above the medicare	5551
reimbursement rate for a medicare-covered service or supply.	5552
"Balance billing" does not include charging or collecting	5553
deductibles or coinsurance required by the program.	5554

(C) "Health care practitioner" means all of the following:

5555

(1) A dentist or dental hygienist licensed under Chapter	5556
4715. of the Revised Code;	5557

(2) A registered or licensed practical nurse licensed under	5558
Chapter 4723. of the Revised Code;	5559

(3) An optometrist licensed under Chapter 4725. of the	5560
Revised Code;	5561

(4) A dispensing optician, spectacle dispensing optician,	5562
contact lens dispensing optician, or spectacle-contact lens	5563
dispensing optician licensed under Chapter 4725. of the Revised	5564
Code;	5565

(5) A pharmacist licensed under Chapter 4729. of the Revised	5566
Code;	5567

(6) A physician authorized under Chapter 4731. of the Revised	5568
Code to practice medicine and surgery, osteopathic medicine and	5569
surgery, or podiatry;	5570

(7) A physician assistant authorized under Chapter 4730. of	5571
the Revised Code to practice as a physician assistant;	5572

(8) A practitioner of a limited branch of medicine issued a	5573
certificate under Chapter 4731. of the Revised Code;	5574

(9) A psychologist licensed under Chapter 4732. of the	5575
Revised Code;	5576

(10) A chiropractor licensed under Chapter 4734. of the	5577
Revised Code;	5578

(11) A hearing aid dealer or fitter licensed under Chapter	5579
4747. of the Revised Code;	5580

(12) A speech-language pathologist or audiologist licensed	5581
under Chapter 4753. of the Revised Code;	5582

(13) An occupational therapist or occupational therapy	5583
assistant licensed under Chapter 4755. of the Revised Code;	5584

(14) A physical therapist or physical therapy assistant	5585
licensed under Chapter 4755. of the Revised Code;	5586

(15) A licensed professional clinical counselor, licensed	5587
professional counselor, social worker, or independent social	5588
worker licensed, or a social work assistant registered, under	5589
Chapter 4757. of the Revised Code;	5590

(16) A dietitian licensed under Chapter 4759. of the Revised	5591
Code;	5592

(17) A respiratory care professional licensed under Chapter	5593
4761. of the Revised Code;	5594

(18) An emergency medical technician-basic, emergency medical	5595
technician-intermediate, or emergency medical technician-paramedic	5596
certified under Chapter 4765. of the Revised Code.	5597

Sec. 5101.61.  (A) As used in this section:

5598

(1) "Senior service provider" means any person who provides	5599
care or services to a person who is an adult as defined in	5600
division (B) of section 5101.60 of the Revised Code.	5601

(2) "Ambulatory health facility" means a nonprofit, public or	5602
proprietary freestanding organization or a unit of such an agency	5603
or organization that:	5604

(a) Provides preventive, diagnostic, therapeutic,	5605
rehabilitative, or palliative items or services furnished to an	5606
outpatient or ambulatory patient, by or under the direction of a	5607
physician or dentist in a facility which is not a part of a	5608
hospital, but which is organized and operated to provide medical	5609
care to outpatients;	5610

(b) Has health and medical care policies which are developed	5611
with the advice of, and with the provision of review of such	5612
policies, an advisory committee of professional personnel,	5613
including one or more physicians, one or more dentists, if dental	5614
care is provided, and one or more registered nurses;	5615

(c) Has a medical director, a dental director, if dental care	5616
is provided, and a nursing director responsible for the execution	5617
of such policies, and has physicians, dentists, nursing, and	5618
ancillary staff appropriate to the scope of services provided;	5619

(d) Requires that the health care and medical care of every	5620
patient be under the supervision of a physician, provides for	5621
medical care in a case of emergency, has in effect a written	5622
agreement with one or more hospitals and other centers or clinics,	5623
and has an established patient referral system to other resources,	5624
and a utilization review plan and program;	5625

(e) Maintains clinical records on all patients;

5626

(f) Provides nursing services and other therapeutic services	5627
in accordance with programs and policies, with such services	5628
supervised by a registered professional nurse, and has a	5629
registered professional nurse on duty at all times of clinical	5630
operations;	5631

(g) Provides approved methods and procedures for the	5632
dispensing and administration of drugs and biologicals;	5633

(h) Has established an accounting and record keeping system	5634
to determine reasonable and allowable costs;	5635

(i) "Ambulatory health facilities" also includes an	5636
alcoholism treatment facility approved by the joint commission on	5637
accreditation of healthcare organizations as an alcoholism	5638
treatment facility or certified by the department of mental health	5639
and addiction services, and such facility shall comply with other	5640
provisions of this division not inconsistent with such	5641
accreditation or certification.	5642

(3) "Community mental health facility" means a facility which	5643
provides community mental health services and is included in the	5644
comprehensive mental health plan for the alcohol, drug addiction,	5645
and mental health service district in which it is located.	5646

(4) "Community mental health service" means services, other	5647
than inpatient services, provided by a community mental health	5648
facility.	5649

(5) "Home health agency" means an institution or a distinct	5650
part of an institution operated in this state which:	5651

(a) Is primarily engaged in providing home health services;

5652

(b) Has home health policies which are established by a group	5653
of professional personnel, including one or more duly licensed	5654
doctors of medicine or osteopathy and one or more registered	5655
professional nurses, to govern the home health services it	5656
provides and which includes a requirement that every patient must	5657
be under the care of a duly licensed doctor of medicine or	5658
osteopathy;	5659

(c) Is under the supervision of a duly licensed doctor of	5660
medicine or doctor of osteopathy or a registered professional	5661
nurse who is responsible for the execution of such home health	5662
policies;	5663

(d) Maintains comprehensive records on all patients;

5664

(e) Is operated by the state, a political subdivision, or an	5665
agency of either, or is operated not for profit in this state and	5666
is licensed or registered, if required, pursuant to law by the	5667
appropriate department of the state, county, or municipality in	5668
which it furnishes services; or is operated for profit in this	5669
state, meets all the requirements specified in divisions (A)(5)(a)	5670
to (d) of this section, and is certified under Title XVIII of the	5671
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	5672
amended.	5673

(6) "Home health service" means the following items and	5674
services, provided, except as provided in division (A)(6)(g) of	5675
this section, on a visiting basis in a place of residence used as	5676
the patient's home:	5677

(a) Nursing care provided by or under the supervision of a	5678
registered professional nurse;	5679

(b) Physical, occupational, or speech therapy ordered by the	5680
patient's attending physician;	5681

(c) Medical social services performed by or under the	5682
supervision of a qualified medical or psychiatric social worker	5683
and under the direction of the patient's attending physician;	5684

(d) Personal health care of the patient performed by aides in	5685
accordance with the orders of a doctor of medicine or osteopathy	5686
and under the supervision of a registered professional nurse;	5687

(e) Medical supplies and the use of medical appliances;

5688

(f) Medical services of interns and residents-in-training	5689
under an approved teaching program of a nonprofit hospital and	5690
under the direction and supervision of the patient's attending	5691
physician;	5692

(g) Any of the foregoing items and services which:

5693

(i) Are provided on an outpatient basis under arrangements	5694
made by the home health agency at a hospital or skilled nursing	5695
facility;	5696

(ii) Involve the use of equipment of such a nature that the	5697
items and services cannot readily be made available to the patient	5698
in the patient's place of residence, or which are furnished at the	5699
hospital or skilled nursing facility while the patient is there to	5700
receive any item or service involving the use of such equipment.	5701

Any attorney, physician, osteopath, podiatrist, chiropractor,	5702
dentist, psychologist, any employee of a hospital as defined in	5703
section 3701.01 of the Revised Code, any nurse licensed under	5704
Chapter 4723. of the Revised Code, any employee of an ambulatory	5705
health facility, any employee of a home health agency, any	5706
employee of a residential facility licensed under section 5119.34	5707
of the Revised Code that provides accommodations, supervision, and	5708
personal care services for three to sixteen unrelated adults, any	5709
employee of a nursing home, residential care facility, or home for	5710
the aging, as defined in section 3721.01 of the Revised Code, any	5711
senior service provider, any peace officer, coroner, member of the	5712
clergy, any employee of a community mental health facility, and	5713
any person engaged in professional counseling, social work or	5714
counseling, or marriage and family therapy having reasonable cause	5715
to believe that an adult is being abused, neglected, or exploited,	5716
or is in a condition which is the result of abuse, neglect, or	5717
exploitation shall immediately report such belief to the county	5718
department of job and family services. This section does not apply	5719
to employees of any hospital or public hospital as defined in	5720
section 5122.01 of the Revised Code.	5721

(B) Any person having reasonable cause to believe that an	5722
adult has suffered abuse, neglect, or exploitation may report, or	5723
cause reports to be made of such belief to the department.	5724

(C) The reports made under this section shall be made orally	5725
or in writing except that oral reports shall be followed by a	5726
written report if a written report is requested by the department.	5727
Written reports shall include:	5728

(1) The name, address, and approximate age of the adult who	5729
is the subject of the report;	5730

(2) The name and address of the individual responsible for	5731
the adult's care, if any individual is, and if the individual is	5732
known;	5733

(3) The nature and extent of the alleged abuse, neglect, or	5734
exploitation of the adult;	5735

(4) The basis of the reporter's belief that the adult has	5736
been abused, neglected, or exploited.	5737

(D) Any person with reasonable cause to believe that an adult	5738
is suffering abuse, neglect, or exploitation who makes a report	5739
pursuant to this section or who testifies in any administrative or	5740
judicial proceeding arising from such a report, or any employee of	5741
the state or any of its subdivisions who is discharging	5742
responsibilities under section 5101.62 of the Revised Code shall	5743
be immune from civil or criminal liability on account of such	5744
investigation, report, or testimony, except liability for perjury,	5745
unless the person has acted in bad faith or with malicious	5746
purpose.	5747

(E) No employer or any other person with the authority to do	5748
so shall discharge, demote, transfer, prepare a negative work	5749
performance evaluation, or reduce benefits, pay, or work	5750
privileges, or take any other action detrimental to an employee or	5751
in any way retaliate against an employee as a result of the	5752
employee's having filed a report under this section.	5753

(F) Neither the written or oral report provided for in this	5754
section nor the investigatory report provided for in section	5755
5101.62 of the Revised Code shall be considered a public record as	5756
defined in section 149.43 of the Revised Code. Information	5757
contained in the report shall upon request be made available to	5758
the adult who is the subject of the report, to agencies authorized	5759
by the department to receive information contained in the report,	5760
and to legal counsel for the adult.	5761

Sec. 5123.61.  (A) As used in this section:

5762

(1) "Law enforcement agency" means the state highway patrol,	5763
the police department of a municipal corporation, or a county	5764
sheriff.	5765

(2) "Abuse" has the same meaning as in section 5123.50 of the	5766
Revised Code, except that it includes a misappropriation, as	5767
defined in that section.	5768

(3) "Neglect" has the same meaning as in section 5123.50 of	5769
the Revised Code.	5770

(B) The department of developmental disabilities shall	5771
establish a registry office for the purpose of maintaining reports	5772
of abuse, neglect, and other major unusual incidents made to the	5773
department under this section and reports received from county	5774
boards of developmental disabilities under section 5126.31 of the	5775
Revised Code. The department shall establish committees to review	5776
reports of abuse, neglect, and other major unusual incidents.	5777

(C)(1) Any person listed in division (C)(2) of this section,	5778
having reason to believe that a person with mental retardation or	5779
a developmental disability has suffered or faces a substantial	5780
risk of suffering any wound, injury, disability, or condition of	5781
such a nature as to reasonably indicate abuse or neglect of that	5782
person, shall immediately report or cause reports to be made of	5783
such information to the entity specified in this division. Except	5784
as provided in section 5120.173 of the Revised Code or as	5785
otherwise provided in this division, the person making the report	5786
shall make it to a law enforcement agency or to the county board	5787
of developmental disabilities. If the report concerns a resident	5788
of a facility operated by the department of developmental	5789
disabilities the report shall be made either to a law enforcement	5790
agency or to the department. If the report concerns any act or	5791
omission of an employee of a county board of developmental	5792
disabilities, the report immediately shall be made to the	5793
department and to the county board.	5794

(2) All of the following persons are required to make a	5795
report under division (C)(1) of this section:	5796

(a) Any physician, including a hospital intern or resident,	5797
any dentist, podiatrist, chiropractor, practitioner of a limited	5798
branch of medicine as specified in section 4731.15 of the Revised	5799
Code, hospital administrator or employee of a hospital, nurse	5800
licensed under Chapter 4723. of the Revised Code, employee of an	5801
ambulatory health facility as defined in section 5101.61 of the	5802
Revised Code, employee of a home health agency, employee of a	5803
residential facility licensed under section 5119.34 of the Revised	5804
Code that provides accommodations, supervision, and person care	5805
services for three to sixteen unrelated adults, or employee of a	5806
community mental health facility;	5807

(b) Any school teacher or school authority, licensed	5808
professional clinical counselor, licensed professional counselor,	5809
independent social worker, social worker, independent marriage and	5810
family therapist, marriage and family therapist, psychologist,	5811
attorney, peace officer, coroner, or residents' rights advocate as	5812
defined in section 3721.10 of the Revised Code;	5813

(c) A superintendent, board member, or employee of a county	5814
board of developmental disabilities; an administrator, board	5815
member, or employee of a residential facility licensed under	5816
section 5123.19 of the Revised Code; an administrator, board	5817
member, or employee of any other public or private provider of	5818
services to a person with mental retardation or a developmental	5819
disability, or any MR/DD employee, as defined in section 5123.50	5820
of the Revised Code;	5821

(d) A member of a citizen's advisory council established at	5822
an institution or branch institution of the department of	5823
developmental disabilities under section 5123.092 of the Revised	5824
Code;	5825

(e) A member of the clergy who is employed in a position that	5826
includes providing specialized services to an individual with	5827
mental retardation or another developmental disability, while	5828
acting in an official or professional capacity in that position,	5829
or a person who is employed in a position that includes providing	5830
specialized services to an individual with mental retardation or	5831
another developmental disability and who, while acting in an	5832
official or professional capacity, renders spiritual treatment	5833
through prayer in accordance with the tenets of an organized	5834
religion.	5835

(3)(a) The reporting requirements of this division do not	5836
apply to employees of the Ohio protection and advocacy system.	5837

(b) An attorney or physician is not required to make a report	5838
pursuant to division (C)(1) of this section concerning any	5839
communication the attorney or physician receives from a client or	5840
patient in an attorney-client or physician-patient relationship,	5841
if, in accordance with division (A) or (B) of section 2317.02 of	5842
the Revised Code, the attorney or physician could not testify with	5843
respect to that communication in a civil or criminal proceeding,	5844
except that the client or patient is deemed to have waived any	5845
testimonial privilege under division (A) or (B) of section 2317.02	5846
of the Revised Code with respect to that communication and the	5847
attorney or physician shall make a report pursuant to division	5848
(C)(1) of this section, if both of the following apply:	5849

(i) The client or patient, at the time of the communication,	5850
is a person with mental retardation or a developmental disability.	5851

(ii) The attorney or physician knows or suspects, as a result	5852
of the communication or any observations made during that	5853
communication, that the client or patient has suffered or faces a	5854
substantial risk of suffering any wound, injury, disability, or	5855
condition of a nature that reasonably indicates abuse or neglect	5856
of the client or patient.	5857

(4) Any person who fails to make a report required under	5858
division (C) of this section and who is an MR/DD employee, as	5859
defined in section 5123.50 of the Revised Code, shall be eligible	5860
to be included in the registry regarding misappropriation, abuse,	5861
neglect, or other specified misconduct by MR/DD employees	5862
established under section 5123.52 of the Revised Code.	5863

(D) The reports required under division (C) of this section	5864
shall be made forthwith by telephone or in person and shall be	5865
followed by a written report. The reports shall contain the	5866
following:	5867

(1) The names and addresses of the person with mental	5868
retardation or a developmental disability and the person's	5869
custodian, if known;	5870

(2) The age of the person with mental retardation or a	5871
developmental disability;	5872

(3) Any other information that would assist in the	5873
investigation of the report.	5874

(E) When a physician performing services as a member of the	5875
staff of a hospital or similar institution has reason to believe	5876
that a person with mental retardation or a developmental	5877
disability has suffered injury, abuse, or physical neglect, the	5878
physician shall notify the person in charge of the institution or	5879
that person's designated delegate, who shall make the necessary	5880
reports.	5881

(F) Any person having reasonable cause to believe that a	5882
person with mental retardation or a developmental disability has	5883
suffered or faces a substantial risk of suffering abuse or neglect	5884
may report or cause a report to be made of that belief to the	5885
entity specified in this division. Except as provided in section	5886
5120.173 of the Revised Code or as otherwise provided in this	5887
division, the person making the report shall make it to a law	5888
enforcement agency or the county board of developmental	5889
disabilities. If the person is a resident of a facility operated	5890
by the department of developmental disabilities, the report shall	5891
be made to a law enforcement agency or to the department. If the	5892
report concerns any act or omission of an employee of a county	5893
board of developmental disabilities, the report immediately shall	5894
be made to the department and to the county board.	5895

(G)(1) Upon the receipt of a report concerning the possible	5896
abuse or neglect of a person with mental retardation or a	5897
developmental disability, the law enforcement agency shall inform	5898
the county board of developmental disabilities or, if the person	5899
is a resident of a facility operated by the department of	5900
developmental disabilities, the director of the department or the	5901
director's designee.	5902

(2) On receipt of a report under this section that includes	5903
an allegation of action or inaction that may constitute a crime	5904
under federal law or the law of this state, the department of	5905
developmental disabilities shall notify the law enforcement	5906
agency.	5907

(3) When a county board of developmental disabilities	5908
receives a report under this section that includes an allegation	5909
of action or inaction that may constitute a crime under federal	5910
law or the law of this state, the superintendent of the board or	5911
an individual the superintendent designates under division (H) of	5912
this section shall notify the law enforcement agency. The	5913
superintendent or individual shall notify the department of	5914
developmental disabilities when it receives any report under this	5915
section.	5916

(4) When a county board of developmental disabilities	5917
receives a report under this section and believes that the degree	5918
of risk to the person is such that the report is an emergency, the	5919
superintendent of the board or an employee of the board the	5920
superintendent designates shall attempt a face-to-face contact	5921
with the person with mental retardation or a developmental	5922
disability who allegedly is the victim within one hour of the	5923
board's receipt of the report.	5924

(H) The superintendent of the board may designate an	5925
individual to be responsible for notifying the law enforcement	5926
agency and the department when the county board receives a report	5927
under this section.	5928

(I) An adult with mental retardation or a developmental	5929
disability about whom a report is made may be removed from the	5930
adult's place of residence only by law enforcement officers who	5931
consider that the adult's immediate removal is essential to	5932
protect the adult from further injury or abuse or in accordance	5933
with the order of a court made pursuant to section 5126.33 of the	5934
Revised Code.	5935

(J) A law enforcement agency shall investigate each report of	5936
abuse or neglect it receives under this section. In addition, the	5937
department, in cooperation with law enforcement officials, shall	5938
investigate each report regarding a resident of a facility	5939
operated by the department to determine the circumstances	5940
surrounding the injury, the cause of the injury, and the person	5941
responsible. The investigation shall be in accordance with the	5942
memorandum of understanding prepared under section 5126.058 of the	5943
Revised Code. The department shall determine, with the registry	5944
office which shall be maintained by the department, whether prior	5945
reports have been made concerning an adult with mental retardation	5946
or a developmental disability or other principals in the case. If	5947
the department finds that the report involves action or inaction	5948
that may constitute a crime under federal law or the law of this	5949
state, it shall submit a report of its investigation, in writing,	5950
to the law enforcement agency. If the person with mental	5951
retardation or a developmental disability is an adult, with the	5952
consent of the adult, the department shall provide such protective	5953
services as are necessary to protect the adult. The law	5954
enforcement agency shall make a written report of its findings to	5955
the department.	5956

If the person is an adult and is not a resident of a facility	5957
operated by the department, the county board of developmental	5958
disabilities shall review the report of abuse or neglect in	5959
accordance with sections 5126.30 to 5126.33 of the Revised Code	5960
and the law enforcement agency shall make the written report of	5961
its findings to the county board.	5962

(K) Any person or any hospital, institution, school, health	5963
department, or agency participating in the making of reports	5964
pursuant to this section, any person participating as a witness in	5965
an administrative or judicial proceeding resulting from the	5966
reports, or any person or governmental entity that discharges	5967
responsibilities under sections 5126.31 to 5126.33 of the Revised	5968
Code shall be immune from any civil or criminal liability that	5969
might otherwise be incurred or imposed as a result of such actions	5970
except liability for perjury, unless the person or governmental	5971
entity has acted in bad faith or with malicious purpose.	5972

(L) No employer or any person with the authority to do so	5973
shall discharge, demote, transfer, prepare a negative work	5974
performance evaluation, reduce pay or benefits, terminate work	5975
privileges, or take any other action detrimental to an employee or	5976
retaliate against an employee as a result of the employee's having	5977
made a report under this section. This division does not preclude	5978
an employer or person with authority from taking action with	5979
regard to an employee who has made a report under this section if	5980
there is another reasonable basis for the action.	5981

(M) Reports made under this section are not public records as	5982
defined in section 149.43 of the Revised Code. Information	5983
contained in the reports on request shall be made available to the	5984
person who is the subject of the report, to the person's legal	5985
counsel, and to agencies authorized to receive information in the	5986
report by the department or by a county board of developmental	5987
disabilities.	5988

(N) Notwithstanding section 4731.22 of the Revised Code, the	5989
physician-patient privilege shall not be a ground for excluding	5990
evidence regarding the injuries or physical neglect of a person	5991
with mental retardation or a developmental disability or the cause	5992
thereof in any judicial proceeding resulting from a report	5993
submitted pursuant to this section.	5994

Section 2. That existing sections 1701.03, 1705.03, 1705.04,	5995
1705.53, 1785.01, 1785.02, 1785.03, 2152.72, 2305.234, 2305.51,	5996
2317.02, 2921.22, 2925.01, 2951.041, 3107.014, 3701.046, 3701.74,	5997
3709.161, 3721.21, 3923.28, 3923.281, 3923.282, 3923.29, 3923.30,	5998
3963.01, 4723.16, 4725.33, 4729.161, 4731.226, 4731.65, 4732.28,	5999
4734.17, 4734.41, 4755.471, 4757.01, 4757.02, 4757.03, 4757.04,	6000
4757.10, 4757.11, 4757.16, 4757.21, 4757.22, 4757.23, 4757.26,	6001
4757.27, 4757.28, 4757.29, 4757.30, 4757.31, 4757.33, 4757.34,	6002
4757.36, 4757.38, 4757.41, 4757.43, 4758.40, 4758.41, 4758.55,	6003
4758.561, 4758.59, 4758.61, 4769.01, 5101.61, and 5123.61 and	6004
section 4757.12 of the Revised Code are hereby repealed.	6005

Section 3. Within one year after the effective date of this	6006
act, the Office of Collective Bargaining in the Department of	6007
Administrative Services shall implement division (C) of section	6008
4757.41 of the Revised Code as enacted by this act.	6009

Within ninety days after the effective date of this act, the	6010
Office of Collective Bargaining shall negotiate with each state	6011
agency and the affected union to reach a mutually agreeable	6012
resolution for employees impacted by the enactment of division (C)	6013
of section 4757.41 of the Revised Code.	6014

Notwithstanding divisions (A) and (D) of section 124.14 of	6015
the Revised Code or any other contrary provision of law, for	6016
employees in the service of the state exempt from Chapter 4117. of	6017
the Revised Code who are impacted by the enactment of division (C)	6018
of section 4757.41 of the Revised Code, the Director of	6019
Administrative Services may implement any or all of the provisions	6020
of the resolutions described in the preceding paragraph.	6021

The Director, within ninety days after the effective date of	6022
this act, shall develop and assign new classifications related to	6023
the enactment of division (C) of section 4757.41 of the Revised	6024
Code as needed and reassign impacted employees to appropriate	6025
classifications based on the employee's duties and qualifications.	6026