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            


                                                                   9            

                           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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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:                                                                        

                                                          7      

                                                                 
      (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          

                                                          8      

                                                                 
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.                                                                

                                                          9      

                                                                 
      (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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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:                                                                

                                                          12     

                                                                 
      (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          

                                                          14     

                                                                 
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.