As Reported by the Senate Education Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 96 5
1997-1998 6
SENATORS CUPP-HERINGTON-KEARNS-GARDNER-SCHAFRATH-J. JOHNSON 8
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A B I L L
To amend sections 109.572, 173.41, 3701.881, 13
3712.09, 3721.121, 3722.151, 4753.08, and 4753.12 15
and to enact sections 3319.223 and 3319.224 of 16
the Revised Code to require studies concerning
the shortage of school speech-language 18
pathologists and audiologists, to permit the
State Board of Education to issue temporary 20
educator licenses in the specialty of school
speech-language pathology, to permit school 21
districts and educational service centers to
contract with speech-language pathologists and 23
audiologists who are licensed by the Board of
Speech-Language Pathology and Audiology, to 26
modify provisions pertaining to the conditional 27
employment of individuals in positions that
involve providing direct care to older adults, to 29
eliminate issuance of the temporary educator
licenses in school speech-language pathology on 30
January 1, 2002, by repealing section 3319.223 of 31
the Revised Code on that date, and to declare an 32
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 34
Section 1. That sections 109.572, 173.41, 3701.881, 38
3712.09, 3721.121, 3722.151, 4753.08, and 4753.12 be amended and 40
sections 3319.223 and 3319.224 of the Revised Code be enacted to 41
read as follows:
2
Sec. 109.572. (A)(1) Upon receipt of a request pursuant 52
to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 53
5104.013, or 5153.111 of the Revised Code, a completed form 55
prescribed pursuant to division (C)(1) of this section, and a set 56
of fingerprint impressions obtained in the manner described in 57
division (C)(2) of this section, the superintendent of the bureau 58
of criminal identification and investigation shall conduct a 59
criminal records check in the manner described in division (B) of 60
this section to determine whether any information exists that 61
indicates that the person who is the subject of the request 62
previously has been convicted of or pleaded guilty to any of the 63
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 65
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 66
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 68
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 69
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 70
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 71
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 72
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised 73
Code, a violation of section 2905.04 of the Revised Code as it 74
existed prior to July 1, 1996, a violation of section 2919.23 of 75
the Revised Code that would have been a violation of section 77
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a 78
violation of section 2925.11 of the Revised Code that is not a 79
minor drug possession offense; 80
(b) A violation of an existing or former law of this 82
state, any other state, or the United States that is 83
substantially equivalent to any of the offenses listed in 84
division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5126.28 of 87
the Revised Code with respect to an applicant for employment in 89
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any position with a county board of mental retardation and 90
developmental disabilities or pursuant to section 5126.281 of the 91
Revised Code with respect to an applicant for employment in a 93
position with an entity contracting with a county board for 94
employment in a position that involves providing service directly 95
to individuals with mental retardation and developmental 96
disabilities, a completed form prescribed pursuant to division 97
(C)(1) of this section, and a set of fingerprint impressions 99
obtained in the manner described in division (C)(2) of this 100
section, the superintendent of the bureau of criminal 101
identification and investigation shall conduct a criminal records 103
check. The superintendent shall conduct the criminal records 104
check in the manner described in division (B) of this section to 105
determine whether any information exists that indicates that the 106
person who is the subject of the request has been convicted of or 108
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 111
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 112
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 113
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 114
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 115
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 116
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 117
or 3716.11 of the Revised Code; 118
(b) An existing or former law of this state, any other 121
state, or the United States that is substantially equivalent to 122
any of the offenses listed in division (A)(2)(a) of this section. 123
(3) On receipt of a request pursuant to section 173.41, 125
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 127
form prescribed pursuant to division (C)(1) of this section, and 128
a set of fingerprint impressions obtained in the manner described 129
in division (C)(2) of this section, the superintendent of the 131
bureau of criminal identification and investigation shall conduct 132
a criminal records check with respect to any person who has 133
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applied for employment in a position that involves providing 134
direct care to an older adult. The superintendent shall conduct 135
the criminal records check in the manner described in division 136
(B) of this section to determine whether any information exists 138
that indicates that the person who is the subject of the request 139
previously has been convicted of or pleaded guilty to any of the 140
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 143
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 144
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 145
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 147
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 148
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 150
2925.22, 2925.23, or 3716.11 of the Revised Code; 151
(b) An existing or former law of this state, any other 154
state, or the United States that is substantially equivalent to 155
any of the offenses listed in division (A)(3)(a) of this section. 156
(4) On receipt of a request pursuant to section 3701.881 158
of the Revised Code with respect to an applicant for employment 160
with a home health agency as a person responsible for the care, 161
custody, or control of a child, a completed form prescribed 162
pursuant to division (C)(1) of this section, and a set of 163
fingerprint impressions obtained in the manner described in 164
division (C)(2) of this section, the superintendent of the bureau 165
of criminal identification and investigation shall conduct a 166
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 168
this section to determine whether any information exists that 169
indicates that the person who is the subject of the request 170
previously has been convicted of or pleaded guilty to any of the
following: 171
(a) A violation of section 2903.01, 2903.02, 2903.03, 173
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2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 174
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 175
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 176
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 177
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 178
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 179
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 181
violation of section 2925.11 of the Revised Code that is not a 182
minor drug possession offense; 183
(b) An existing or former law of this state, any other 185
state, or the United States that is substantially equivalent to 186
any of the offenses listed in division (A)(4)(a) of this section. 187
(5) On receipt of a request pursuant to section 3701.881 189
of the Revised Code with respect to an applicant for employment 190
with a home health agency in a position that involves providing 192
direct care to an older adult, a completed form prescribed 193
pursuant to division (C)(1) of this section, and a set of 194
fingerprint impressions obtained in the manner described in 195
division (C)(2) of this section, the superintendent of the bureau 196
of criminal identification and investigation shall conduct a 197
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 199
this section to determine whether any information exists that 200
indicates that the person who is the subject of the request 201
previously has been convicted of or pleaded guilty to any of the
following: 202
(a) A violation of section 2903.01, 2903.02, 2903.03, 205
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 206
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 207
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 209
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 210
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 212
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2925.22, 2925.23, or 3716.11 of the Revised Code; 213
(b) An existing or former law of this state, any other 215
state, or the United States that is substantially equivalent to 216
any of the offenses listed in division (A)(5)(a) of this section. 217
(6) When conducting a criminal records check upon a 219
request pursuant to section 3319.39 of the Revised Code for an 220
applicant who is a teacher, the superintendent shall determine 221
whether any information exists that indicates that the person who 222
is the subject of the request previously has been convicted of or 223
pleaded guilty to any offense specified in section 3319.31 of the 224
Revised Code. 225
(7) Within NOT LATER THAN thirty days after the date the 227
superintendent receives the request, completed form, and 229
fingerprint impressions, the superintendent shall send the person 230
who made the request any information, other than information the 231
dissemination of which is prohibited by federal law, the 232
superintendent determines exists with respect to the person who 233
is the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to any offense 235
listed OR DESCRIBED in division (A)(1), (2), (3), (4), or (5) of 236
this section. The superintendent shall send the person who made 237
the request a copy of the list of offenses specified in division 239
(A)(1), (2), (3), (4), or (5) of this section. If the request 240
was made under section 3701.881 of the Revised Code with regard
to an applicant who may be both responsible for the care, 241
custody, or control of a child and involved in providing direct 242
care to an older adult, the superintendent shall provide a list 244
of THE offenses specified in divisions (A)(4) and (5) of this 245
section.
(B) The superintendent shall conduct any criminal records 247
check requested under section 173.41, 2151.86, 3301.32, 3301.541, 248
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 249
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code as 250
follows:
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(1) The superintendent shall review or cause to be 252
reviewed any relevant information gathered and compiled by the 253
bureau under division (A) of section 109.57 of the Revised Code 254
that relates to the person who is the subject of the request, 255
including any relevant information contained in records that have 256
been sealed under section 2953.32 of the Revised Code; 257
(2) If the request received by the superintendent asks for 259
information from the federal bureau of investigation, the 261
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person 262
who is the subject of the request and shall review or cause to be 263
reviewed any information the superintendent receives from that 264
bureau.
(C)(1) The superintendent shall prescribe a form to obtain 266
the information necessary to conduct a criminal records check 267
from any person for whom a criminal records check is required by 268
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 269
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 270
5126.281, or 5153.111 of the Revised Code. 271
(2) The superintendent shall prescribe standard impression 273
sheets to obtain the fingerprint impressions of any person for 274
whom a criminal records check is required by section 173.41, 275
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 276
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of 277
the Revised Code. Any person for whom a records check is 278
required by any of those sections shall obtain the fingerprint 279
impressions at a county sheriff's office, municipal police 280
department, or any other entity with the ability to make 281
fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or 282
entity may charge the person a reasonable fee for making the 283
impressions. 284
(3) Subject to division (D) of this section, the 286
superintendent shall prescribe and charge a reasonable fee for 287
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providing a criminal records check requested under section 288
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 289
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 290
5153.111 of the Revised Code. The person making a criminal 291
records request under section 178.41 173.41, 2151.86, 3301.32, 292
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 293
5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised 295
Code shall pay the fee prescribed pursuant to this division. A 296
person making a request under section 3701.881 of the Revised
Code for a criminal records check for an applicant who may be 297
both responsible for the care, custody, or control of a child and 298
involved in providing direct care to an older adult shall pay one 299
fee for the request.
(D) A determination whether any information exists that 301
indicates that a person previously has been convicted of or 302
pleaded guilty to any offense listed OR DESCRIBED in division 303
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) 304
or (b), or (A)(5)(a) or (b) of this section that is made by the 305
superintendent with respect to information considered in a 306
criminal records check in accordance with this section is valid 307
for the person who is the subject of the criminal records check 308
for a period of one year from the date upon which the 309
superintendent makes the determination. During the period in 310
which the determination in regard to a person is valid, if 311
another request under this section is made for a criminal records 312
check for that person, the superintendent shall provide the 313
information that is the basis for the superintendent's initial 314
determination at a lower fee than the fee prescribed for the 315
initial criminal records check.
(E) As used in this section: 317
(1) "Criminal records check" means any criminal records 319
check conducted by the superintendent of the bureau of criminal 321
identification and investigation in accordance with division (B) 322
of this section.
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(2) "Minor drug possession offense" has the same meaning 324
as in section 2925.01 of the Revised Code. 325
(3) "Older adult" means a person age sixty or older. 327
Sec. 173.41. (A) As used in this section: 336
(1) "Applicant" means a person who is under final 338
consideration for employment with a PASSPORT agency in a 339
full-time, part-time or temporary position that involves 341
providing direct care to an older adult. "Applicant" does not 343
include a person who provides direct care as a volunteer without 345
receiving or expecting to receive any form of remuneration other 346
than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the 348
same meanings as in section 109.572 of the Revised Code. 350
(3) "PASSPORT agency" means a public or private entity 352
that provides home and community-based services to older adults 353
through the PASSPORT program created under section 173.40 of the 355
Revised Code.
(B)(1) Except as provided in division (I) of this section, 358
the chief administrator of a PASSPORT agency shall request that 359
the superintendent of the bureau of criminal identification and 360
investigation conduct a criminal records check with respect to 361
each applicant. If the applicant does not present proof of 362
having been a resident of this state for the five-year period 363
immediately prior to the date the criminal records check is 364
requested or provide evidence that within that five-year period 365
the superintendent has requested information about the applicant 366
from the federal bureau of investigation in a criminal records 367
check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of 368
investigation as part of the criminal records check of the 369
applicant. Even if the applicant presents proof of having been a 371
resident of this state for the five-year period, the chief
administrator may request that the superintendent include 372
information from the federal bureau of investigation in the 373
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criminal records check. 374
(2) A person required by division (B)(1) of this section 376
to request a criminal records check shall do both of the 377
following: 378
(a) Provide to each applicant a copy of the form 380
prescribed pursuant to division (C)(1) of section 109.572 of the 381
Revised Code and a standard fingerprint impression sheet 382
prescribed pursuant to division (C)(2) of that section, and 383
obtain the completed form and impression sheet from the 384
applicant;
(b) Forward the completed form and impression sheet to the 386
superintendent of the bureau of criminal identification and 387
investigation. 388
(3) An applicant provided the form and fingerprint 390
impression sheet under division (B)(2)(a) of this section who 391
fails to complete the form or provide fingerprint impressions 393
shall not be employed in any position for which a criminal 394
records check is required by this section. 395
(C)(1) Except as provided in rules adopted by the 397
department of aging in accordance with division (F) of this 398
section, no PASSPORT agency shall employ a person in a position 400
that involves providing direct care to an older adult if the 401
person has been convicted of or pleaded guilty to any of the 402
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 404
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 405
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 406
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 408
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 409
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 410
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 411
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 412
2925.22, 2925.23, or 3716.11 of the Revised Code. 413
(b) An existing or former law of this state, any other 415
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state, or the United States that is substantially equivalent to 417
any of the offenses or violations described LISTED in division 418
(C)(1)(a) of this section.
(2) A PASSPORT agency may employ an applicant 420
conditionally prior to obtaining THE RESULTS OF a criminal 421
records check regarding the individual. The agency shall 422
initiate the process of obtaining REQUEST a criminal records 423
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 424
later than five business days after the individual begins 425
conditional employment. The agency shall terminate the 426
individual's employment if the results of the criminal records 427
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 428
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 430
period ending sixty days after the date the request is made. If 431
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 432
OBTAINED, IF the results indicate that the individual has been 436
convicted of or pleaded guilty to any of the offenses specified 437
LISTED OR DESCRIBED in division (C)(1) of this section, the 438
agency shall terminate the individual's employment unless the 440
agency chooses to employ the individual pursuant to division (F) 441
of this section. Termination of employment under this division 442
shall be considered just cause for discharge for purposes of 443
division (D)(2) of section 4141.29 of the Revised Code if the 445
individual lied MAKES ANY ATTEMPT to DECEIVE the agency about the 446
individual's criminal record.
(D)(1) Each PASSPORT agency shall pay to the bureau of 448
criminal identification and investigation the fee prescribed 449
pursuant to division (C)(3) of section 109.572 of the Revised 450
Code for each criminal records check conducted pursuant to this 451
section. 452
(2) A PASSPORT agency may charge an applicant a fee not 455
exceeding the amount the agency pays under division (D)(1) of 456
this section. An agency may collect a fee only if both of the 457
following apply:
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(a) The agency notifies the person at the time of initial 459
application for employment of the amount of the fee and that, 461
unless the fee is paid, the person will not be considered for 462
employment;
(b) The medical assistance program established under 464
Chapter 5111. of the Revised Code does not reimburse the agency 467
the fee it pays under division (D)(1) of this section. 468
(E) The report of any criminal records check conducted 470
pursuant to a request made under this section is not a public 471
record for the purposes of section 149.43 of the Revised Code and 472
shall not be made available to any person other than the 473
following:
(1) The individual who is the subject of the criminal 475
records check or the individual's representative; 477
(2) The chief administrator of the agency requesting the 480
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 482
program that provides direct care to older adults that is owned 483
or operated by the same entity that owns or operates the PASSPORT 484
agency;
(4) A court, hearing officer, or other necessary 486
individual involved in a case dealing with a denial of employment 487
of the applicant.
(F) The department of aging shall adopt rules in 489
accordance with Chapter 119. of the Revised Code to implement 491
this section. The rules shall specify circumstances under which 493
a PASSPORT agency may hire EMPLOY a person who has been convicted 494
of or pleaded guilty to an offense listed OR DESCRIBED in 495
division (C)(1) of this section but meets personal character 496
standards set by the department. 497
(G) The chief administrator of a PASSPORT agency shall 500
inform each person, at the time of initial application for a 501
position that involves providing direct care to an older adult, 502
that the person is required to provide a set of fingerprint
13
impressions and that a criminal records check is required to be 503
conducted if the person comes under final consideration for 504
employment.
(H) In a tort or other civil action for damages that is 506
brought as the result of an injury, death, or loss to person or 507
property caused by an individual who a PASSPORT agency employs in 509
a position that involves providing direct care to older adults, 510
the following shall apply: 511
(1) If the agency employed the individual in good faith 513
and reasonable reliance on the report of a criminal records check 515
requested under this section, the agency shall not be found 516
negligent solely because of its reliance on the report, even if 517
the information in the report is determined later to have been 518
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 521
a conditional basis pursuant to division (C)(2) of this section, 522
the agency shall not be found negligent solely because it 523
employed the individual prior to receiving the report of a 524
criminal records check requested under this section; 525
(3) If the agency in good faith employed the individual 527
according to the personal character standards established in 529
rules adopted under division (F) of this section, the agency 531
shall not be found negligent solely because the individual prior 532
to being employed had been convicted of or pleaded guilty to an 533
offense listed OR DESCRIBED in division (C)(1) of this section. 534
(I) The chief administrator is not required to request 537
that the superintendent of the bureau of criminal identification 538
and investigation conduct a criminal records check of an 539
applicant if the applicant has been referred to the PASSPORT 540
agency by an employment service that supplies full-time, 541
part-time, or temporary staff for positions involving the direct 542
care of older adults and both of the following apply: 543
(1) The chief administrator receives from the employment 545
service or the applicant a report of the results of a criminal 546
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records check regarding the applicant that has been conducted by 547
the superintendent within the one-year period immediately 548
preceding the applicant's referral; 549
(2) The report of the criminal records check demonstrates 551
that the person has not been convicted of or pleaded guilty to an 553
offense listed OR DESCRIBED in division (C)(1) of this section.
Sec. 3319.223. (A) ON REQUEST OF A SCHOOL DISTRICT 555
SUPERINTENDENT, THE STATE BOARD OF EDUCATION MAY ISSUE A 556
TEMPORARY LICENSE TO AN INDIVIDUAL AS AN EDUCATOR IN THE 557
SPECIALTY OF SCHOOL SPEECH-LANGUAGE PATHOLOGY. 558
TO QUALIFY FOR A TEMPORARY LICENSE ISSUED UNDER THIS 560
SECTION, AN INDIVIDUAL MUST HAVE AT LEAST A BACHELOR'S DEGREE IN 561
SPEECH AND HEARING. THE BOARD SHALL EVALUATE EACH APPLICATION 562
RECEIVED AND ISSUE A TEMPORARY LICENSE TO EACH APPLICANT WHO 564
MEETS THE QUALIFICATIONS FOR LICENSURE.
(B) A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID 567
ONLY FOR TEACHING IN THE DISTRICT REPRESENTED BY THE
SUPERINTENDENT WHO REQUESTED ISSUANCE OF THE LICENSE AND EXPIRES 568
ONE YEAR AFTER THE DATE IT IS ISSUED. A TEMPORARY LICENSE MAY BE 569
RENEWED, BUT ONLY IF THE DISTRICT SUPERINTENDENT PRESENTS 570
EVIDENCE SATISFACTORY TO THE BOARD OF ONE OF THE FOLLOWING: 571
(1) THAT THE HOLDER IS ENROLLED IN A MASTER'S DEGREE 573
PROGRAM LEADING TO LICENSURE BY THE BOARD OF SPEECH-LANGUAGE 574
PATHOLOGY AND AUDIOLOGY UNDER CHAPTER 4753. OF THE REVISED CODE; 575
(2) THAT THE HOLDER HAS APPLIED WITHIN THE PAST YEAR TO A 577
MASTER'S DEGREE PROGRAM IN THIS STATE LEADING TO LICENSURE BY THE 578
BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY AND IS QUALIFIED 579
TO BE UNCONDITIONALLY ENROLLED IN THAT PROGRAM, BUT WAS DENIED 580
ENROLLMENT.
Sec. 3319.224. NOTWITHSTANDING SECTION 3319.30 OF THE 583
REVISED CODE, A SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER MAY 584
CONTRACT WITH A PROVIDER LICENSED UNDER CHAPTER 4753. OF THE 586
REVISED CODE FOR SPEECH AND LANGUAGE SERVICES OR FOR AUDIOLOGY 587
SERVICES. THE CONTRACTED SERVICES SHALL BE RETAINED ONLY AFTER 588
15
THE DISTRICT OR SERVICE CENTER HAS DEMONSTRATED TO THE DEPARTMENT 589
OF EDUCATION THAT ATTEMPTS TO OBTAIN THE SERVICES OF A SPEECH AND 590
LANGUAGE OR AUDIOLOGY PROVIDER LICENSED UNDER THIS CHAPTER HAVE 591
BEEN UNSUCCESSFUL.
Sec. 3701.881. (A) As used in this section: 603
(1) "Applicant" means both of the following: 605
(a) A person who is under final consideration for 607
appointment or employment with a home health agency in a position 608
as a person responsible for the care, custody, or control of a 609
child;
(b) A person who is under final consideration for 612
employment with a home health agency in a full-time, part-time, 613
or temporary position THAT INVOLVES providing direct care to an 614
older adult. With regard to persons providing direct care to
older adults, "applicant" does not include a person who provides 615
direct care to an older adult as a volunteer without receiving or 616
expecting to receive a ANY form of remuneration other than 618
reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the 620
same meanings as in section 109.572 of the Revised Code. 621
(3) "Home health agency" has the same meaning as in 623
section 3701.88 of the Revised Code. 624
(4) "Minor drug possession offense" has the same meaning 626
as in section 2925.01 of the Revised Code. 627
(B)(1) Except as provided in division (I) of this section, 630
the chief administrator of a home health agency shall request the 631
superintendent of the bureau of criminal identification and 632
investigation to conduct a criminal records check with respect to 633
each applicant. If the position may involve both responsibility 635
for the care, custody, or control of a child and provision of 636
direct care to an older adult, the chief administrator shall 637
request that the superintendent conduct a single criminal records 638
check for the applicant. If the applicant does not present proof 640
of having been a resident of this state for the five-year period 642
16
immediately prior to the date upon which the criminal records 643
check is requested or does not provide evidence that within that 644
five-year period the superintendent has requested information 645
about the applicant from the federal bureau of investigation in a 646
criminal records check, the chief administrator shall request 647
that the superintendent obtain information from the federal 648
bureau of investigation as a part of the criminal records check 649
for the applicant. If the applicant presents proof that the 650
applicant has been a resident of this state for that five-year 651
period, the chief administrator may request that the 652
superintendent include information from the federal bureau of 653
investigation in the criminal records check.
(2) Any person required by division (B)(1) of this section 655
to request a criminal records check shall provide to each 656
applicant a copy of the form prescribed pursuant to division 657
(C)(1) of section 109.572 of the Revised Code, provide to each 658
applicant a standard impression sheet to obtain fingerprint 659
impressions prescribed pursuant to division (C)(2) of section 660
109.572 of the Revised Code, obtain the completed form and 661
impression sheet from each applicant, and forward the completed 662
form and impression sheet to the superintendent of the bureau of 663
criminal identification and investigation at the time the chief 664
administrator requests a criminal records check pursuant to 665
division (B)(1) of this section. 666
(3) An applicant who receives pursuant to division (B)(2) 668
of this section a copy of the form prescribed pursuant to 669
division (C)(1) of section 109.572 of the Revised Code and a copy 670
of an impression sheet prescribed pursuant to division (C)(2) of 671
that section and who is requested to complete the form and 672
provide a set of fingerprint impressions shall complete the form 673
or provide all the information necessary to complete the form and 674
shall provide the impression sheets with the impressions of the 675
applicant's fingerprints. If an applicant, upon request, fails 677
to provide the information necessary to complete the form or 678
17
fails to provide fingerprint impressions the applicant's, the 679
home health agency shall not employ that applicant for any 682
position for which a criminal records check is required by 683
division (B)(1) of this section.
(C)(1) Except as provided in rules adopted by the 685
department of health in accordance with division (F) of this 687
section, no home health agency shall employ a person as a person 688
responsible for the care, custody, or control of a child if the 689
person previously has been convicted of or pleaded guilty to any 690
of the following: 691
(a) A violation of section 2903.01, 2903.02, 2903.03, 693
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 694
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 696
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 697
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 698
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 699
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 700
2925.06, or 3716.11 of the Revised Code, a violation of section 701
2905.04 of the Revised Code as it existed prior to July 1, 1996, 702
a violation of section 2919.23 of the Revised Code that would 703
have been a violation of section 2905.04 of the Revised Code as 704
it existed prior to July 1, 1996, had the violation been
committed prior to that date,, a violation of section 2925.11 of 705
the Revised Code that is not a minor drug possession offense, or 706
felonious sexual penetration in violation of former section 707
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 709
state, any other state, or the United States that is 710
substantially equivalent to any of the offenses or violations 711
described LISTED in division (C)(1)(a) of this section. 712
(2) Except as provided in rules adopted by the department 714
of health in accordance with division (F) of this section, no 716
home health agency shall employ a person in a position that 717
involves providing direct care to an older adult if the person 718
18
previously has been convicted of or pleaded guilty to any of the 719
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 722
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 723
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 725
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 727
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 728
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 730
2925.22, 2925.23, or 3716.11 of the Revised Code. 731
(b) An existing or former law of this state, any other 734
state, or the United States that is substantially equivalent to 735
any of the offenses or violations described LISTED in division 736
(C)(2)(a) of this section.
(3)(a) A home health agency may employ an applicant 738
conditionally as a person responsible for the care, custody, or 739
control of a child until the criminal records check required by 740
this section is completed and the agency receives the results of 741
the criminal records check. If the results of the criminal 742
records check indicate that, pursuant to division (C)(1) of this 743
section, the applicant does not qualify for employment, the 745
agency shall release the applicant from employment. 746
(b) A home health agency may employ an applicant 748
conditionally in a position THAT INVOLVES providing direct care 749
to an older adult prior to obtaining THE RESULTS OF a criminal 750
records check regarding the individual. The agency shall 751
initiate the process of obtaining REQUEST a criminal records 752
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 753
later than five business days after the individual begins 754
conditional employment. The agency shall terminate the 755
individual's employment if the results of the criminal records 756
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 757
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 760
19
period ending sixty days after the date the request is made. If 761
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 762
OBTAINED, IF the results indicate that the individual has been 763
convicted of or pleaded guilty to any of the offenses specified 765
LISTED OR DESCRIBED in division (C)(2) of this section, the 766
agency shall terminate the individual's employment unless the 768
agency chooses to employ the individual pursuant to division (F) 770
of this section. Termination of employment under this division 771
shall be considered just cause for discharge for purposes of 772
division (D)(2) of section 4141.29 of the Revised Code if the 773
individual lied MAKES ANY ATTEMPT to DECEIVE the agency about the 774
individual's criminal record. 775
(D)(1) Each home health agency shall pay to the bureau of 777
criminal identification and investigation the fee prescribed 778
pursuant to division (C)(3) of section 109.572 of the Revised 779
Code for each criminal records check conducted in accordance with 780
that section upon the request pursuant to division (B)(1) of this 782
section of the chief administrator of the home health agency.
(2) A home health agency may charge an applicant a fee for 784
the costs it incurs in obtaining a criminal records check under 785
this section, unless the medical assistance program established 787
under Chapter 5111. of the Revised Code reimburses the agency for 790
the costs. A fee charged under division (D)(2) of this section 792
shall not exceed the amount of fees the agency pays under 793
division (D)(1) of this section. If a fee is charged under 795
division (D)(2) of this section, the agency shall notify the 797
applicant at the time of the applicant's initial application for 798
employment of the amount of the fee and that, unless the fee is 801
paid, the agency will not consider the applicant for employment.
(E) The report of any criminal records check conducted by 803
the bureau of criminal identification and investigation in 804
accordance with section 109.572 of the Revised Code and pursuant 805
to a request made under division (B)(1) of this section is not a 807
public record for the purposes of section 149.43 of the Revised 808
20
Code and shall not be made available to any person other than the 809
following: 810
(1) The individual who is the subject of the criminal 812
records check or the individual's representative; 814
(2) The home health agency requesting the criminal records 817
check or its representative;
(3) The administrator of any other facility, agency, or 819
program that provides direct care to older adults that is owned 820
or operated by the same entity that owns or operates the home 821
health agency;
(4) Any court, hearing officer, or other necessary 823
individual involved in a case dealing with the denial of 824
employment of the applicant. 825
(F) The department of health shall adopt rules in 827
accordance with Chapter 119. of the Revised Code to implement 828
this section. The rules shall specify circumstances under which 830
the home health agency may hire EMPLOY a person who has been 831
convicted of OR PLEADED GUILTY TO an offense listed OR DESCRIBED 832
in division (C)(1) of this section but who meets standards in 834
regard to rehabilitation set by the department or hire EMPLOY a 835
person who has been convicted of OR PLEADED GUILTY TO an offense 837
listed OR DESCRIBED in division (C)(2) of this section but meets 838
personal character standards set by the department.
(G) Any person required by division (B)(1) of this section 840
to request a criminal records check shall inform each person, at 841
the time of initial application for employment that the person is 843
required to provide a set of fingerprint impressions and that a 845
criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of 846
the Revised Code if the person comes under final consideration 847
for appointment or employment as a precondition to employment for 848
that position. 849
(H) In a tort or other civil action for damages that is 851
brought as the result of an injury, death, or loss to person or 852
21
property caused by an individual who a home health agency employs 854
in a position that involves providing direct care to older 855
adults, the following shall apply: 856
(1) If the agency employed the individual in good faith 858
and reasonable reliance on the report of a criminal records check 860
requested under this section, the agency shall not be found 861
negligent solely because of its reliance on the report, even if 862
the information in the report is determined later to have been 863
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 866
a conditional basis pursuant to division (C)(2)(b) of this 867
section, the agency shall not be found negligent solely because 868
it employed the individual prior to receiving the report of a 869
criminal records check requested under this section; 870
(3) If the agency in good faith employed the individual 872
according to the personal character standards established in 874
rules adopted under division (F) of this section, the agency 876
shall not be found negligent solely because the individual prior 877
to being employed had been convicted of or pleaded guilty to an 878
offense listed OR DESCRIBED in division (C)(1) of this section. 879
(I) The chief administrator is not required to request 882
that the superintendent of the bureau of criminal identification 883
and investigation conduct a criminal records check of an 884
applicant if the applicant has been referred to the home health 885
agency by an employment service that supplies full-time, 886
part-time, or temporary staff for positions involving the direct 887
care of older adults and both of the following apply: 888
(1) The chief administrator receives from the employment 890
service or the applicant a report of the results of a criminal 891
records check regarding the applicant that has been conducted by 892
the superintendent within the one-year period immediately 893
preceding the applicant's referral; 894
(2) The report of the criminal records check demonstrates 896
that the person has not been convicted of or pleaded guilty to an 898
22
offense listed OR DESCRIBED in division (C)(2) of this section.
Sec. 3712.09. (A) As used in this section: 907
(1) "Applicant" means a person who is under final 909
consideration for employment with a hospice care program in a 910
full-time, part-time, or temporary position that involves 912
providing direct care to an older adult. "Applicant" does not 913
include a person who provides direct care as a volunteer without 914
receiving or expecting to receive any form of remuneration other
than reimbursement for actual expenses. 915
(2) "Criminal records check" and "older adult" have the 917
same meanings as in section 109.572 of the Revised Code. 919
(B)(1) Except as provided in division (I) of this section, 921
the chief administrator of a hospice care program shall request 923
that the superintendent of the bureau of criminal identification 924
and investigation conduct a criminal records check with respect 925
to each applicant. If the applicant does not present proof of 926
having been a resident of this state for the five-year period 927
immediately prior to the date the criminal records check is 928
requested or provide evidence that within that five-year period 929
the superintendent has requested information about the applicant 930
from the federal bureau of investigation in a criminal records 931
check, the chief administrator shall request that the 932
superintendent obtain information from the federal bureau of 933
investigation as part of the criminal records check of the 934
applicant. Even if the applicant presents proof of having been a 935
resident of this state for the five-year period, the chief
administrator may request that the superintendent include 936
information from the federal bureau of investigation in the 937
criminal records check. 938
(2) A person required by division (B)(1) of this section 941
to request a criminal records check shall do both of the
following: 942
(a) Provide to each applicant a copy of the form 944
prescribed pursuant to division (C)(1) of section 109.572 of the 946
23
Revised Code and a standard fingerprint impression sheet 947
prescribed pursuant to division (C)(2) of that section, and 948
obtain the completed form and impression sheet from the 949
applicant;
(b) Forward the completed form and impression sheet to the 952
superintendent of the bureau of criminal identification and 953
investigation.
(3) An applicant provided the form and fingerprint 955
impression sheet under division (B)(2)(a) of this section who 956
fails to complete the form or provide fingerprint impressions 958
shall not be employed in any position for which a criminal 959
records check is required by this section. 960
(C)(1) Except as provided in rules adopted by the public 963
health council in accordance with division (F) of this section, 964
no hospice care program shall employ a person in a position that 966
involves providing direct care to an older adult if the person 967
has been convicted of or pleaded guilty to any of the following: 968
(a) A violation of section 2903.01, 2903.02, 2903.03, 971
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 972
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 974
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 976
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 977
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 980
2925.22, 2925.23, or 3716.11 of the Revised Code. 981
(b) An existing or former law of this state, any other 984
state, or the United States that is substantially equivalent to 985
any of the offenses or violations described LISTED in division 986
(C)(1)(a) of this section.
(2) A hospice care program may employ an applicant 988
conditionally prior to obtaining THE RESULTS OF a criminal 990
records check regarding the individual. The program shall 991
initiate the process of obtaining REQUEST a criminal records 992
24
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 993
later than five business days after the individual begins 994
conditional employment. The program shall terminate the 995
individual's employment if the results of the criminal records 996
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 997
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 999
period ending sixty days after the date the request is made. If 1,000
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 1,001
OBTAINED, IF the results indicate that the individual has been 1,003
convicted of or pleaded guilty to any of the offenses specified 1,004
LISTED OR DESCRIBED in division (C)(1) of this section, the 1,005
program shall terminate the individual's employment unless the 1,007
program chooses to employ the individual pursuant to division (F) 1,008
of this section. Termination of employment under this division 1,009
shall be considered just cause for discharge for purposes of 1,010
division (D)(2) of section 4141.29 of the Revised Code if the 1,013
individual lied MAKES ANY ATTEMPT to DECEIVE the program about 1,014
the individual's criminal record. 1,015
(D)(1) Each hospice care program shall pay to the bureau 1,018
of criminal identification and investigation the fee prescribed 1,019
pursuant to division (C)(3) of section 109.572 of the Revised 1,020
Code for each criminal records check conducted pursuant to this 1,021
section.
(2) A hospice care program may charge an applicant a fee 1,023
not exceeding the amount the program pays under division (D)(1) 1,025
of this section. A program may collect a fee only if both of the 1,026
following apply:
(a) The program notifies the person at the time of initial 1,028
application for employment of the amount of the fee and that, 1,031
unless the fee is paid, the person will not be considered for 1,032
employment;
(b) The medical assistance program established under 1,034
Chapter 5111. of the Revised Code does not reimburse the program 1,037
the fee it pays under division (D)(1) of this section. 1,038
25
(E) The report of a criminal records check conducted 1,041
pursuant to a request made under this section is not a public 1,042
record for the purposes of section 149.43 of the Revised Code and 1,043
shall not be made available to any person other than the 1,044
following:
(1) The individual who is the subject of the criminal 1,047
records check or the individual's representative;
(2) The chief administrator of the program requesting the 1,050
criminal records check or the administrator's representative; 1,051
(3) The administrator of any other facility, agency, or 1,053
program that provides direct care to older adults that is owned 1,054
or operated by the same entity that owns or operates the hospice 1,055
care program;
(4) A court, hearing officer, or other necessary 1,059
individual involved in a case dealing with a denial of employment 1,060
of the applicant.
(F) The public health council shall adopt rules in 1,063
accordance with Chapter 119. of the Revised Code to implement 1,064
this section. The rules shall specify circumstances under which 1,065
a hospice care program may hire EMPLOY a person who has been 1,066
convicted of or pleaded guilty to an offense listed OR DESCRIBED 1,068
in division (C)(1) of this section but meets personal character 1,069
standards set by the council.
(G) The chief administrator of a hospice care program 1,072
shall inform each individual, at the time of initial application 1,073
for a position that involves providing direct care to an older 1,074
adult, that the individual is required to provide a set of
fingerprint impressions and that a criminal records check is 1,075
required to be conducted if the individual comes under final 1,076
consideration for employment. 1,077
(H) In a tort or other civil action for damages that is 1,079
brought as the result of an injury, death, or loss to person or 1,080
property caused by an individual who a hospice care program 1,082
employs in a position that involves providing direct care to 1,083
26
older adults, the following shall apply: 1,084
(1) If the program employed the individual in good faith 1,086
and reasonable reliance on the report of a criminal records check 1,088
requested under this section, the program shall not be found 1,089
negligent solely because of its reliance on the report, even if 1,090
the information in the report is determined later to have been 1,091
incomplete or inaccurate;
(2) If the program employed the individual in good faith 1,093
on a conditional basis pursuant to division (C)(2) of this 1,095
section, the program shall not be found negligent solely because 1,096
it employed the individual prior to receiving the report of a 1,097
criminal records check requested under this section; 1,098
(3) If the program in good faith employed the individual 1,100
according to the personal character standards established in 1,102
rules adopted under division (F) of this section, the program 1,104
shall not be found negligent solely because the individual prior 1,105
to being employed had been convicted of or pleaded guilty to an 1,106
offense listed OR DESCRIBED in division (C)(1) of this section. 1,107
(I) The chief administrator is not required to request 1,110
that the superintendent of the bureau of criminal identification 1,111
and investigation conduct a criminal records check of an 1,112
applicant if the applicant has been referred to the hospice care 1,113
program by an employment service that supplies full-time, 1,114
part-time, or temporary staff for positions involving the direct 1,115
care of older adults and both of the following apply: 1,116
(1) The chief administrator receives from the employment 1,118
service or the applicant a report of the results of a criminal 1,119
records check regarding the applicant that has been conducted by 1,120
the superintendent within the one-year period immediately 1,121
preceding the applicant's referral; 1,122
(2) The report of the criminal records check demonstrates 1,124
that the person has not been convicted of or pleaded guilty to an 1,126
offense listed OR DESCRIBED in division (C)(1) of this section. 1,127
Sec. 3721.121. (A) As used in this section: 1,136
27
(1) "Adult day-care program" means a program operated 1,138
pursuant to rules adopted by the public health council under 1,139
section 3721.04 of the Revised Code and provided by and on the 1,141
same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final 1,143
consideration for employment with a home or adult day-care 1,144
program in a full-time, part-time, or temporary position that 1,145
involves providing direct care to an older adult. "Applicant" 1,148
does not include a person who provides direct care as a volunteer 1,150
without receiving or expecting to receive any form of
remuneration other than reimbursement for actual expenses. 1,151
(3) "Criminal records check" and "older adult" have the 1,153
same meanings as in section 109.572 of the Revised Code. 1,154
(4) "Home" means a home as defined in section 3721.10 of 1,156
the Revised Code. 1,157
(B)(1) Except as provided in division (I) of this section, 1,160
the chief administrator of a home or adult day-care program shall 1,161
request that the superintendent of the bureau of criminal 1,162
identification and investigation conduct a criminal records check 1,163
with respect to each applicant. If the applicant does not 1,164
present proof of having been a resident of this state for the 1,165
five-year period immediately prior to the date the criminal 1,166
records check is requested or provide evidence that within that 1,167
five-year period the superintendent has requested information 1,168
about the applicant from the federal bureau of investigation in a 1,169
criminal records check, the chief administrator shall request
that the superintendent obtain information from the federal 1,170
bureau of investigation as part of the criminal records check of 1,171
the applicant. Even if the applicant presents proof of having 1,172
been a resident of this state for the five-year period, the chief 1,173
administrator may request that the superintendent include 1,174
information from the federal bureau of investigation in the 1,175
criminal records check. 1,176
(2) A person required by division (B)(1) of this section 1,179
28
to request a criminal records check shall do both of the
following: 1,180
(a) Provide to each applicant a copy of the form 1,182
prescribed pursuant to division (C)(1) of section 109.572 of the 1,184
Revised Code and a standard fingerprint impression sheet 1,185
prescribed pursuant to division (C)(2) of that section, and 1,186
obtain the completed form and impression sheet from the 1,187
applicant;
(b) Forward the completed form and impression sheet to the 1,190
superintendent of the bureau of criminal identification and 1,191
investigation.
(3) An applicant provided the form and fingerprint 1,193
impression sheet under division (B)(2)(a) of this section who 1,194
fails to complete the form or provide fingerprint impressions 1,196
shall not be employed in any position for which a criminal 1,197
records check is required by this section. 1,198
(C)(1) Except as provided in rules adopted by the director 1,201
of health in accordance with division (F) of this section, no 1,202
home or adult day-care program shall employ a person in a 1,203
position that involves providing direct care to an older adult if 1,205
the person has been convicted of or pleaded guilty to any of the 1,206
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,209
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,210
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1,212
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,214
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1,215
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,217
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,218
(b) An existing or former law of this state, any other 1,221
state, or the United States that is substantially equivalent to 1,222
any of the offenses or violations described LISTED in division 1,223
29
(C)(1)(a) of this section.
(2) A home or an adult day-care program may employ an 1,225
applicant conditionally prior to obtaining THE RESULTS OF a 1,227
criminal records check regarding the individual. The home or 1,228
program shall initiate the process of obtaining REQUEST a 1,229
criminal records check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS 1,230
SECTION not later than five business days after the individual 1,231
begins conditional employment. The home or program shall 1,232
terminate the individual's employment if the results of the 1,233
criminal records check, OTHER THAN THE RESULTS OF ANY REQUEST FOR 1,234
INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION, are not 1,237
obtained within the period ending sixty days after the date the
request is made. If REGARDLESS OF WHEN THE RESULTS OF THE 1,238
CRIMINAL RECORDS CHECK ARE OBTAINED, IF the results indicate that 1,240
the individual has been convicted of or pleaded guilty to any of 1,241
the offenses specified LISTED OR DESCRIBED in division (C)(1) of 1,243
this section, the home or program shall terminate the 1,244
individual's employment unless the home or program chooses to 1,245
employ the individual pursuant to division (F) of this section. 1,247
Termination of employment under this division shall be considered 1,248
just cause for discharge for purposes of division (D)(2) of 1,249
section 4141.29 of the Revised Code if the individual lied MAKES 1,251
ANY ATTEMPT to DECEIVE the home or program about the individual's 1,253
criminal record.
(D)(1) Each home or adult day-care program shall pay to 1,256
the bureau of criminal identification and investigation the fee 1,257
prescribed pursuant to division (C)(3) of section 109.572 of the 1,258
Revised Code for each criminal records check conducted pursuant 1,259
to this section.
(2) A home or adult day-care program may charge an 1,261
applicant a fee not exceeding the amount the home or program pays 1,262
under division (D)(1) of this section. A home or program may 1,264
collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of 1,266
30
initial application for employment of the amount of the fee and 1,269
that, unless the fee is paid, the person will not be considered
for employment; 1,270
(b) The medical assistance program established under 1,272
Chapter 5111. of the Revised Code does not reimburse the home or 1,275
program the fee it pays under division (D)(1) of this section. 1,276
(E) The report of any criminal records check conducted 1,279
pursuant to a request made under this section is not a public 1,280
record for the purposes of section 149.43 of the Revised Code and 1,281
shall not be made available to any person other than the 1,282
following:
(1) The individual who is the subject of the criminal 1,285
records check or the individual's representative;
(2) The chief administrator of the home or program 1,288
requesting the criminal records check or the administrator's 1,289
representative;
(3) The administrator of any other facility, agency, or 1,291
program that provides direct care to older adults that is owned 1,292
or operated by the same entity that owns or operates the home or 1,293
program;
(4) A court, hearing officer, or other necessary 1,296
individual involved in a case dealing with a denial of employment 1,297
of the applicant.
(F) In accordance with section 3721.11 of the Revised 1,299
Code, the director of health shall adopt rules to implement this 1,300
section. The rules shall specify circumstances under which a 1,302
home or adult day-care program may hire EMPLOY a person who has 1,303
been convicted of or pleaded guilty to an offense listed OR 1,305
DESCRIBED in division (C)(1) of this section but meets personal 1,307
character standards set by the director. 1,308
(G) The chief administrator of a home or adult day-care 1,310
program shall inform each individual, at the time of initial 1,311
application for a position that involves providing direct care to 1,312
an older adult, that the individual is required to provide a set 1,313
31
of fingerprint impressions and that a criminal records check is 1,314
required to be conducted if the individual comes under final 1,315
consideration for employment.
(H) In a tort or other civil action for damages that is 1,317
brought as the result of an injury, death, or loss to person or 1,318
property caused by an individual who a home or adult day-care 1,320
program employs in a position that involves providing direct care 1,321
to older adults, the following shall apply: 1,322
(1) If the home or program employed the individual in good 1,324
faith and reasonable reliance on the report of a criminal records 1,326
check requested under this section, the home or program shall not 1,327
be found negligent solely because of its reliance on the report, 1,328
even if the information in the report is determined later to have 1,330
been incomplete or inaccurate;
(2) If the home or program employed the individual in good 1,332
faith on a conditional basis pursuant to division (C)(2) of this 1,334
section, the home or program shall not be found negligent solely 1,335
because it employed the individual prior to receiving the report 1,336
of a criminal records check requested under this section; 1,337
(3) If the home or program in good faith employed the 1,339
individual according to the personal character standards 1,341
established in rules adopted under division (F) of this section, 1,343
the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or 1,344
pleaded guilty to an offense listed OR DESCRIBED in division 1,345
(C)(1) of this section. 1,346
(I) The chief administrator is not required to request 1,349
that the superintendent of the bureau of criminal identification 1,350
and investigation conduct a criminal records check of an 1,351
applicant if the applicant has been referred to the home or adult 1,352
day-care program by an employment service that supplies 1,353
full-time, part-time, or temporary staff for positions involving 1,354
the direct care of older adults and both of the following apply: 1,355
(1) The chief administrator receives from the employment 1,357
32
service or the applicant a report of the results of a criminal 1,358
records check regarding the applicant that has been conducted by 1,359
the superintendent within the one-year period immediately 1,360
preceding the applicant's referral; 1,361
(2) The report of the criminal records check demonstrates 1,363
that the person has not been convicted of or pleaded guilty to an 1,365
offense listed OR DESCRIBED in division (C)(1) of this section.
Sec. 3722.151. (A) As used in this section: 1,374
(1) "Adult care facility" has the same meaning as in 1,376
section 3722.01 of the Revised Code. 1,377
(2) "Applicant" means a person who is under final 1,379
consideration for employment with an adult care facility in a 1,380
full-time, part-time, or temporary position that involves 1,382
providing direct care to an older adult. "Applicant" does not
include a person who provides direct care as a volunteer without 1,385
receiving or expecting to receive any form of remuneration other 1,386
than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the 1,388
same meanings as in section 109.572 of the Revised Code. 1,390
(B)(1) Except as provided in division (I) of this section, 1,393
the chief administrator of an adult care facility shall request 1,394
that the superintendent of the bureau of criminal identification 1,395
and investigation conduct a criminal records check with respect 1,396
to each applicant. If the applicant does not present proof of 1,397
having been a resident of this state for the five-year period 1,398
immediately prior to the date the criminal records check is 1,399
requested or provide evidence that within that five-year period 1,400
the superintendent has requested information about the applicant 1,401
from the federal bureau of investigation in a criminal records 1,402
check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of 1,403
investigation as part of the criminal records check of the 1,404
applicant. Even if the applicant presents proof of having been a 1,406
resident of this state for the five-year period, the chief
33
administrator may request that the superintendent include 1,407
information from the federal bureau of investigation in the 1,408
criminal records check. 1,409
(2) A person required by division (B)(1) of this section 1,411
to request a criminal records check shall do both of the 1,412
following: 1,413
(a) Provide to each applicant a copy of the form 1,415
prescribed pursuant to division (C)(1) of section 109.572 of the 1,416
Revised Code and a standard fingerprint impression sheet 1,417
prescribed pursuant to division (C)(2) of that section, and 1,418
obtain the completed form and impression sheet from the 1,419
applicant;
(b) Forward the completed form and impression sheet to the 1,421
superintendent of the bureau of criminal identification and 1,422
investigation. 1,423
(3) An applicant provided the form and fingerprint 1,425
impression sheet under division (B)(2)(a) of this section who 1,426
fails to complete the form or provide fingerprint impressions 1,428
shall not be employed in any position for which a criminal 1,429
records check is required by this section. 1,430
(C)(1) Except as provided in rules adopted by the public 1,432
health council in accordance with division (F) of this section, 1,433
no adult care facility shall employ a person in a position that 1,435
involves providing direct care to an older adult if the person 1,436
has been convicted of or pleaded guilty to any of the following: 1,437
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,439
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,440
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1,441
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1,443
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,444
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1,445
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1,446
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,447
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,448
34
(b) An existing or former law of this state, any other 1,450
state, or the United States that is substantially equivalent to 1,451
any of the offenses or violations described LISTED in division 1,452
(C)(1)(a) of this section. 1,454
(2) An adult care facility may employ an applicant 1,456
conditionally prior to obtaining THE RESULTS OF a criminal 1,457
records check regarding the individual. The facility shall 1,458
initiate the process of obtaining REQUEST a criminal records 1,459
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 1,460
later than five business days after the individual begins 1,461
conditional employment. The facility shall terminate the 1,462
individual's employment if the results of the criminal records 1,463
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 1,464
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 1,466
period ending sixty days after the date the request is made. If 1,467
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 1,468
OBTAINED, IF the results indicate that the individual has been 1,471
convicted of or pleaded guilty to any of the offenses specified 1,472
LISTED OR DESCRIBED in division (C)(1) of this section, the 1,473
facility shall terminate the individual's employment unless the 1,475
facility chooses to employ the individual pursuant to division 1,476
(F) of this section. Termination of employment under this 1,477
division shall be considered just cause for discharge for 1,478
purposes of division (D)(2) of section 4141.29 of the Revised 1,480
Code if the individual lied MAKES ANY ATTEMPT to DECEIVE the 1,482
facility about the individual's criminal record. 1,483
(D)(1) Each adult care facility shall pay to the bureau of 1,485
criminal identification and investigation the fee prescribed 1,486
pursuant to division (C)(3) of section 109.572 of the Revised 1,487
Code for each criminal records check conducted pursuant to this 1,488
section. 1,489
(2) An adult care facility may charge an applicant a fee 1,491
not exceeding the amount the facility pays under division (D)(1) 1,492
of this section. A facility may collect a fee only if it 1,493
35
notifies the person at the time of initial application for 1,494
employment of the amount of the fee and that, unless the fee is 1,496
paid, the person will not be considered for employment. 1,497
(E) The report of any criminal records check conducted 1,499
pursuant to a request made under this section is not a public 1,500
record for the purposes of section 149.43 of the Revised Code and 1,501
shall not be made available to any person other than the 1,502
following:
(1) The individual who is the subject of the criminal 1,504
records check or the individual's representative; 1,506
(2) The chief administrator of the facility requesting the 1,509
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 1,511
program that provides direct care to older adults that is owned 1,512
or operated by the same entity that owns or operates the adult 1,513
care facility;
(4) A court, hearing officer, or other necessary 1,515
individual involved in a case dealing with a denial of employment 1,516
of the applicant.
(F) The public health council shall adopt rules in 1,518
accordance with Chapter 119. of the Revised Code to implement 1,520
this section. The rules shall specify circumstances under which 1,521
an adult care facility may hire EMPLOY a person who has been 1,522
convicted of or pleaded guilty to an offense listed OR DESCRIBED 1,524
in division (C)(1) of this section but meets personal character 1,526
standards set by the council. 1,527
(G) The chief administrator of an adult care facility 1,529
shall inform each individual, at the time of initial application 1,530
for a position that involves providing direct care to an older 1,531
adult, that the individual is required to provide a set of 1,532
fingerprint impressions and that a criminal records check is 1,533
required to be conducted if the individual comes under final 1,534
consideration for employment.
(H) In a tort or other civil action for damages that is 1,536
36
brought as the result of an injury, death, or loss to person or 1,537
property caused by an individual who an adult care facility 1,539
employs in a position that involves providing direct care to 1,540
older adults, the following shall apply: 1,541
(1) If the facility employed the individual in good faith 1,543
and reasonable reliance on the report of a criminal records check 1,545
requested under this section, the facility shall not be found 1,546
negligent solely because of its reliance on the report, even if 1,547
the information in the report is determined later to have been 1,548
incomplete or inaccurate;
(2) If the facility employed the individual in good faith 1,550
on a conditional basis pursuant to division (C)(2) of this 1,552
section, the facility shall not be found negligent solely because 1,553
it employed the individual prior to receiving the report of a 1,554
criminal records check requested under this section; 1,555
(3) If the facility in good faith employed the individual 1,557
according to the personal character standards established in 1,559
rules adopted under division (F) of this section, the facility 1,561
shall not be found negligent solely because the individual prior 1,562
to being employed had been convicted of or pleaded guilty to an 1,563
offense listed OR DESCRIBED in division (C)(1) of this section. 1,564
(I) The chief administrator is not required to request 1,567
that the superintendent of the bureau of criminal identification 1,568
and investigation conduct a criminal records check of an 1,569
applicant if the applicant has been referred to the adult care 1,570
facility by an employment service that supplies full-time, 1,571
part-time, or temporary staff for positions involving the direct 1,572
care of older adults and both of the following apply: 1,573
(1) The chief administrator receives from the employment 1,575
service or the applicant a report of the results of a criminal 1,576
records check regarding the applicant that has been conducted by 1,577
the superintendent within the one-year period immediately 1,578
preceding the applicant's referral; 1,579
(2) The report of the criminal records check demonstrates 1,581
37
that the person has not been convicted of or pleaded guilty to an 1,583
offense listed OR DESCRIBED in division (C)(1) of this section. 1,584
Sec. 4753.08. The board of speech-language pathology and 1,593
audiology shall waive the examination and educational 1,594
requirements for any applicant who: 1,595
(A) On September 26, 1975, has at least a bachelor's 1,597
degree with a major in speech-language pathology or audiology 1,598
from an accredited college or university, or who has been 1,599
employed as a speech-language pathologist or audiologist for at 1,600
least nine months at any time within the three years prior to 1,601
September 26, 1975, if an application providing bona fide proof 1,602
of such degree or employment is filed with the board within one 1,603
year after September 26, 1975, and is accompanied by the 1,604
application fee as prescribed in division (A) of section 4753.11 1,605
of the Revised Code; 1,606
(B) Presents proof of current certification or licensure 1,608
in good standing in the area in which licensure is sought in a 1,609
state which has standards at least equal to those for licensure 1,610
in this state; 1,611
(C) Presents proof of a current certificate of clinical 1,613
competence in speech-language pathology or audiology that is in 1,614
good standing and received from the American 1,615
speech-language-hearing association in the area in which 1,616
licensure is sought; 1,617
(D) On January 1, 2001, holds a current certificate, 1,620
except a temporary certificate, if the certificate is in good 1,621
standing, PURSUANT TO SECTION 3319.222 OF THE REVISED CODE, in 1,622
the area in which licensure is sought and if an application 1,623
providing bona fide proof of the certificate is filed with the 1,624
board on or after January 1, 2001, but before January 1, 2002. 1,625
Notwithstanding division (A) of section 4753.11 of the Revised 1,626
Code, the board shall not charge a licensure fee for a license 1,628
issued by waiver to the holder of such a certificate. As used in 1,629
this division, "certificate" means a certificate issued by the
38
Ohio department of education to an applicant PURSUANT TO SECTION 1,630
3319.222 OF THE REVISED CODE to serve as a SCHOOL speech and 1,631
hearing therapist, a school speech-language pathologist, a school 1,632
audiologist, or any equivalent position for which a certificate 1,633
is issued by the Ohio department of education. 1,634
(E) On January 1, 2001, is employed as a speech-language 1,637
pathologist or audiologist by any agency of this state, if an
application providing bona fide proof of the employment in the 1,638
area in which licensure is sought is filed with the board on or 1,639
after January 1, 2001, but before January 1, 2002. 1,640
Notwithstanding division (A) of section 4753.11 of the Revised 1,641
Code, the board shall not charge a licensure fee for a license 1,642
issued by waiver to a person so employed.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 1,644
Sec. 4753.12. Nothing in this chapter shall be construed 1,653
to:
(A) Prohibit a person other than an individual from 1,655
engaging in the business of speech-language pathology or 1,656
audiology without licensure if it employs a licensed individual 1,657
in the direct practice of speech-language pathology and 1,658
audiology. Such entity shall file a statement with the board, on 1,659
a form approved by the board for this purpose, swearing that it 1,660
submits itself to the rules of the board and the provisions of 1,661
this chapter which the board determines applicable. 1,662
(B) Prevent or restrict the practice of speech and hearing 1,664
therapy or the use of the official title of such practice by a 1,665
person who holds a valid and current license OR CERTIFICATE as a 1,666
speech and hearing therapist SCHOOL SPEECH-LANGUAGE PATHOLOGIST 1,667
OR SCHOOL AUDIOLOGIST issued by the state board of education 1,668
UNDER SECTION 3319.22, 3319.222, OR 3319.223 OF THE REVISED CODE, 1,669
to prevent or restrict the establishment of standards and courses 1,671
of study pursuant to Chapter 3319. of the Revised Code, to 1,672
prevent or restrict the licensure of teachers pursuant to Chapter 1,673
3319. of the Revised Code, or prevent any person assigned by or 1,674
39
under the control of the superintendent of or board of a city,
local, or exempted village school district or of an educational 1,675
service center from identification screening of speech or hearing 1,677
impairments of pupils enrolled in the district or educational 1,678
service center, provided such persons are performing activities 1,679
within the scope of their employment and do not offer to render 1,680
speech-language pathology or audiology services to the general 1,681
public outside of the institutions or organizations in which they 1,682
are employed. 1,683
(C) Prevent or restrict the practice of a person employed 1,685
as a speech-language pathologist or audiologist by any agency of 1,686
the state or the federal government. 1,687
(D) Restrict the activities and services of a student or 1,689
intern in speech-language pathology or audiology from pursuing a 1,690
course of study leading to a degree in these areas at a college 1,691
or university accredited by a recognized regional or national 1,692
accrediting body or in one of its cooperating clinical training 1,693
facilities, if these activities and services are supervised by a 1,694
person licensed in the area of study or certified by the American 1,696
speech-language-hearing association in the area of study and if 1,697
the student is designated by a title such as "speech-language 1,698
pathology intern," "audiology intern," "trainee," or other such 1,699
title clearly indicating the training status. 1,700
(E) Prevent a person from performing speech-language 1,702
pathology or audiology services when performing these services in 1,703
pursuit of the required supervised professional experience as 1,704
prescribed in section 4753.06 of the Revised Code and that person 1,705
has been issued a conditional license pursuant to section 1,706
4753.071 of the Revised Code. 1,707
(F) Restrict a speech-language pathologist or audiologist 1,709
who holds the certification of the American 1,710
speech-language-hearing association, or who is licensed as a 1,711
speech-language pathologist or audiologist in another state and 1,712
who has made application to the board for a license in this 1,713
40
state, from practicing speech-language pathology or audiology 1,714
without a valid license pending the disposition of the 1,715
application.
(G) Restrict a person not a resident of this state from 1,717
offering speech-language pathology or audiology services in this 1,718
state if such services are performed for not more than one period 1,719
of thirty consecutive calendar days in any year, if the person is 1,720
licensed in the state of the person's residence or certified by 1,722
the American speech-language-hearing association and files a
statement as prescribed by the board in advance of providing 1,723
these services. Such person shall be subject to the rules of the 1,724
board and the provisions of this chapter. 1,725
(H) Restrict a person licensed under Chapter 4747. of the 1,727
Revised Code from engaging in the duties as defined in that 1,728
chapter related to measuring, testing, and counseling for the 1,729
purpose of identifying or modifying hearing conditions in 1,730
connection with the fitting, dispensing, or servicing of a 1,731
hearing aid, or affect the authority of hearing aid dealers to 1,732
deal in hearing aids or advertise the practice of dealing in 1,733
hearing aids in accordance with Chapter 4747. of the Revised 1,734
Code. 1,735
(I) Restrict a physician from engaging in the practice of 1,737
medicine and surgery or osteopathic medicine and surgery or 1,738
prevent any individual from carrying out any properly delegated 1,739
responsibilities within the normal practice of medicine and 1,740
surgery or osteopathic medicine and surgery. 1,741
(J) Restrict a person registered or licensed under Chapter 1,743
4723. of the Revised Code from performing those acts and 1,744
utilizing those procedures that are within the scope of the 1,745
practice of professional or practical nursing as defined in 1,746
Chapter 4723. of the Revised Code and the ethics of the nursing 1,747
profession, provided such a person does not hold self out CLAIM 1,749
to the public as TO BE a speech-language pathologist or 1,750
audiologist.
41
(K) Restrict an individual licensed as an audiologist 1,752
under this chapter from fitting, selling, or dispensing hearing 1,753
aids. 1,754
(L) Authorize the practice of medicine and surgery or 1,756
entitle a person licensed pursuant to this chapter to engage in 1,757
the practice of medicine or surgery or any of its branches. 1,758
(M) Restrict a person licensed pursuant to Chapter 4755. 1,760
of the Revised Code from performing those acts and utilizing 1,761
those procedures that are within the scope of the practice of 1,762
occupational therapy or occupational therapy assistant as defined 1,763
in Chapter 4755. of the Revised Code, provided the person does 1,764
not hold oneself out CLAIM to the public as TO BE a 1,766
speech-language pathologist or audiologist.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 1,768
Section 2. That existing sections 109.572, 173.41, 1,770
3701.881, 3712.09, 3721.121, 3722.151, 4753.08, and 4753.12 of 1,771
the Revised Code are hereby repealed. 1,772
Section 3. Section 3319.223 of the Revised Code is hereby 1,774
repealed, effective January 1, 2002. 1,775
Section 4. The Legislative Office of Education Oversight 1,777
shall conduct a study of the shortage of speech-language 1,778
pathologists and audiologists available to treat students in 1,779
schools. The contents of the study and the methodology to be 1,780
used in conducting the study shall be determined by the Office.
The Office shall consult with the Department of Education, the 1,781
Ohio Board of Regents, and the Board of Speech-Language Pathology 1,782
and Audiology. Not later than December 31, 1998, the Office 1,783
shall submit to the Governor, Speaker of the House of 1,784
Representatives, and President of the Senate a report of its
findings and recommendations. 1,785
Section 5. The Ohio Board of Regents shall survey all 1,787
state universities listed in section 3345.011 of the Revised 1,790
Code, and all private colleges and universities issued a 1,791
certificate of authorization under Chapter 1713. of the Revised
42
Code, to (A) determine their current capacity to educate and 1,792
train speech-language pathologists and audiologists and (B) 1,793
develop strategies for increasing that capacity to meet the 1,795
state's need for school speech-language pathologists and
audiologists. Not later than December 31, 1998, the Board shall 1,797
submit to the Governor, the Speaker of the House of 1,798
Representatives, and the President of the Senate a report of its
findings and recommendations. 1,799
Section 6. The amendment of sections 4753.08 and 4753.12 1,801
of the Revised Code by this act is not intended to supersede the 1,802
earlier amendment of those sections by Am. Sub. S.B. 230 of the 1,803
121st General Assembly that takes effect January 1, 2002. 1,804
Section 7. Sections 109.572 and 3701.881 of the Revised 1,806
Code are presented in this act as composites of those sections as 1,808
amended by Am. Sub. H.B. 445, Am. Sub. H.B. 269, and Am. Sub. 1,809
S.B. 160 of the 121st General Assembly, with the new language of 1,810
none of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section 1,811
1.52 of the Revised Code that such amendments are to be 1,812
harmonized where not substantively irreconcilable and constitutes 1,813
a legislative finding that such is the resulting version in 1,814
effect prior to the effective date of this act. 1,815
Section 8. The amendments made by this act to sections 1,817
109.572, 173.41, 3701.881, 3712.09, 3721.121, and 3722.151 of the 1,818
Revised Code do not supersede Section 3 of Am. Sub. S.B. 160 of 1,819
the 121st General Assembly, which provides that those sections as 1,820
amended and enacted by Am. Sub. S.B. 160 apply only to persons 1,821
who apply for employment on or after January 27, 1997, the 1,822
effective date of Am. Sub. S.B. 160 of the 121st General 1,823
Assembly.
Section 9. This act is hereby declared to be an emergency 1,825
measure necessary for the immediate preservation of the public 1,826
peace, health, and safety. The first reason for such necessity 1,827
is that the current supply of licensed speech-language 1,828
43
pathologists and audiologists is inadequate to meet the needs of 1,829
the state's school children. The second reason is that certain 1,831
individuals are being denied employment in positions that involve 1,833
providing direct care to older adults because information from 1,834
the Federal Bureau of Investigation at times is not available 1,835
before the end of the 60-day period during which an individual 1,836
may be employed conditionally prior to obtaining the results of a 1,837
criminal records check. Therefore, this act shall go into 1,838
immediate effect.