As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 96 5
1997-1998 6
SENATORS CUPP-HERINGTON-KEARNS-GARDNER-SCHAFRATH-J. JOHNSON- 8
WHITE-GILLMOR-DIX-GAETH-DiDONATO-HOWARD-SHEERER- 9
CARNES-OELSLAGER-DRAKE-LATTA-McLIN-SUHADOLNIK-WATTS-RAY 10
11
A B I L L
To amend sections 109.572, 173.41, 3701.881, 15
3712.09, 3721.121, 3722.151, 4753.08, and 4753.12 17
and to enact sections 3319.223 and 3319.224 of 18
the Revised Code to require studies concerning
the shortage of school speech-language 20
pathologists and audiologists, to permit the
State Board of Education to issue temporary 22
educator licenses in the specialty of school
speech-language pathology, to permit school 23
districts and educational service centers to
contract with speech-language pathologists and 25
audiologists who are licensed by the Board of
Speech-Language Pathology and Audiology, to 28
modify provisions pertaining to the conditional 29
employment of individuals in positions that
involve providing direct care to older adults, to 31
eliminate issuance of the temporary educator
licenses in school speech-language pathology on 32
January 1, 2002, by repealing section 3319.223 of 33
the Revised Code on that date, and to declare an 34
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 36
Section 1. That sections 109.572, 173.41, 3701.881, 40
3712.09, 3721.121, 3722.151, 4753.08, and 4753.12 be amended and 42
2
sections 3319.223 and 3319.224 of the Revised Code be enacted to 43
read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant 54
to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 55
5104.013, or 5153.111 of the Revised Code, a completed form 57
prescribed pursuant to division (C)(1) of this section, and a set 58
of fingerprint impressions obtained in the manner described in 59
division (C)(2) of this section, the superintendent of the bureau 60
of criminal identification and investigation shall conduct a 61
criminal records check in the manner described in division (B) of 62
this section to determine whether any information exists that 63
indicates that the person who is the subject of the request 64
previously has been convicted of or pleaded guilty to any of the 65
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 67
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 68
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 70
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 71
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 72
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 73
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 74
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised 75
Code, a violation of section 2905.04 of the Revised Code as it 76
existed prior to July 1, 1996, a violation of section 2919.23 of 77
the Revised Code that would have been a violation of section 79
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 80
violation of section 2925.11 of the Revised Code that is not a 81
minor drug possession offense; 82
(b) A violation of an existing or former law of this 84
state, any other state, or the United States that is 85
substantially equivalent to any of the offenses listed in 86
division (A)(1)(a) of this section.
3
(2) On receipt of a request pursuant to section 5126.28 of 89
the Revised Code with respect to an applicant for employment in 91
any position with a county board of mental retardation and 92
developmental disabilities or pursuant to section 5126.281 of the 93
Revised Code with respect to an applicant for employment in a 95
position with an entity contracting with a county board for 96
employment in a position that involves providing service directly 97
to individuals with mental retardation and developmental 98
disabilities, a completed form prescribed pursuant to division 99
(C)(1) of this section, and a set of fingerprint impressions 101
obtained in the manner described in division (C)(2) of this 102
section, the superintendent of the bureau of criminal 103
identification and investigation shall conduct a criminal records 105
check. The superintendent shall conduct the criminal records 106
check in the manner described in division (B) of this section to 107
determine whether any information exists that indicates that the 108
person who is the subject of the request has been convicted of or 110
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 113
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 114
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 115
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 116
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 117
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 118
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 119
or 3716.11 of the Revised Code; 120
(b) An existing or former law of this state, any other 123
state, or the United States that is substantially equivalent to 124
any of the offenses listed in division (A)(2)(a) of this section. 125
(3) On receipt of a request pursuant to section 173.41, 127
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 129
form prescribed pursuant to division (C)(1) of this section, and 130
a set of fingerprint impressions obtained in the manner described 131
in division (C)(2) of this section, the superintendent of the 133
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bureau of criminal identification and investigation shall conduct 134
a criminal records check with respect to any person who has 135
applied for employment in a position that involves providing 136
direct care to an older adult. The superintendent shall conduct 137
the criminal records check in the manner described in division 138
(B) of this section to determine whether any information exists 140
that indicates that the person who is the subject of the request 141
previously has been convicted of or pleaded guilty to any of the 142
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 145
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 146
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, 147
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 149
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, 150
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 152
2925.22, 2925.23, or 3716.11 of the Revised Code; 153
(b) An existing or former law of this state, any other 156
state, or the United States that is substantially equivalent to 157
any of the offenses listed in division (A)(3)(a) of this section. 158
(4) On receipt of a request pursuant to section 3701.881 160
of the Revised Code with respect to an applicant for employment 162
with a home health agency as a person responsible for the care, 163
custody, or control of a child, a completed form prescribed 164
pursuant to division (C)(1) of this section, and a set of 165
fingerprint impressions obtained in the manner described in 166
division (C)(2) of this section, the superintendent of the bureau 167
of criminal identification and investigation shall conduct a 168
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 170
this section to determine whether any information exists that 171
indicates that the person who is the subject of the request 172
previously has been convicted of or pleaded guilty to any of the
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following: 173
(a) A violation of section 2903.01, 2903.02, 2903.03, 175
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 176
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 177
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 178
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 179
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 180
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 181
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 183
violation of section 2925.11 of the Revised Code that is not a 184
minor drug possession offense; 185
(b) An existing or former law of this state, any other 187
state, or the United States that is substantially equivalent to 188
any of the offenses listed in division (A)(4)(a) of this section. 189
(5) On receipt of a request pursuant to section 3701.881 191
of the Revised Code with respect to an applicant for employment 192
with a home health agency in a position that involves providing 194
direct care to an older adult, a completed form prescribed 195
pursuant to division (C)(1) of this section, and a set of 196
fingerprint impressions obtained in the manner described in 197
division (C)(2) of this section, the superintendent of the bureau 198
of criminal identification and investigation shall conduct a 199
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 201
this section to determine whether any information exists that 202
indicates that the person who is the subject of the request 203
previously has been convicted of or pleaded guilty to any of the
following: 204
(a) A violation of section 2903.01, 2903.02, 2903.03, 207
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 208
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, 209
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 211
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
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2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 212
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 214
2925.22, 2925.23, or 3716.11 of the Revised Code; 215
(b) An existing or former law of this state, any other 217
state, or the United States that is substantially equivalent to 218
any of the offenses listed in division (A)(5)(a) of this section. 219
(6) When conducting a criminal records check upon a 221
request pursuant to section 3319.39 of the Revised Code for an 222
applicant who is a teacher, the superintendent shall determine 223
whether any information exists that indicates that the person who 224
is the subject of the request previously has been convicted of or 225
pleaded guilty to any offense specified in section 3319.31 of the 226
Revised Code. 227
(7) Within NOT LATER THAN thirty days after the date the 229
superintendent receives the request, completed form, and 231
fingerprint impressions, the superintendent shall send the person 232
who made the request any information, other than information the 233
dissemination of which is prohibited by federal law, the 234
superintendent determines exists with respect to the person who 235
is the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to any offense 237
listed OR DESCRIBED in division (A)(1), (2), (3), (4), or (5) of 238
this section. The superintendent shall send the person who made 239
the request a copy of the list of offenses specified in division 241
(A)(1), (2), (3), (4), or (5) of this section. If the request 242
was made under section 3701.881 of the Revised Code with regard
to an applicant who may be both responsible for the care, 243
custody, or control of a child and involved in providing direct 244
care to an older adult, the superintendent shall provide a list 246
of THE offenses specified in divisions (A)(4) and (5) of this 247
section.
(B) The superintendent shall conduct any criminal records 249
check requested under section 173.41, 2151.86, 3301.32, 3301.541, 250
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 251
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5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code as 252
follows:
(1) The superintendent shall review or cause to be 254
reviewed any relevant information gathered and compiled by the 255
bureau under division (A) of section 109.57 of the Revised Code 256
that relates to the person who is the subject of the request, 257
including any relevant information contained in records that have 258
been sealed under section 2953.32 of the Revised Code; 259
(2) If the request received by the superintendent asks for 261
information from the federal bureau of investigation, the 263
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person 264
who is the subject of the request and shall review or cause to be 265
reviewed any information the superintendent receives from that 266
bureau.
(C)(1) The superintendent shall prescribe a form to obtain 268
the information necessary to conduct a criminal records check 269
from any person for whom a criminal records check is required by 270
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 271
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 272
5126.281, or 5153.111 of the Revised Code. 273
(2) The superintendent shall prescribe standard impression 275
sheets to obtain the fingerprint impressions of any person for 276
whom a criminal records check is required by section 173.41, 277
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 278
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of 279
the Revised Code. Any person for whom a records check is 280
required by any of those sections shall obtain the fingerprint 281
impressions at a county sheriff's office, municipal police 282
department, or any other entity with the ability to make 283
fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or 284
entity may charge the person a reasonable fee for making the 285
impressions. 286
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(3) Subject to division (D) of this section, the 288
superintendent shall prescribe and charge a reasonable fee for 289
providing a criminal records check requested under section 290
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 291
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 292
5153.111 of the Revised Code. The person making a criminal 293
records request under section 178.41 173.41, 2151.86, 3301.32, 294
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 295
5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised 297
Code shall pay the fee prescribed pursuant to this division. A 298
person making a request under section 3701.881 of the Revised
Code for a criminal records check for an applicant who may be 299
both responsible for the care, custody, or control of a child and 300
involved in providing direct care to an older adult shall pay one 301
fee for the request.
(D) A determination whether any information exists that 303
indicates that a person previously has been convicted of or 304
pleaded guilty to any offense listed OR DESCRIBED in division 305
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) 306
or (b), or (A)(5)(a) or (b) of this section that is made by the 307
superintendent with respect to information considered in a 308
criminal records check in accordance with this section is valid 309
for the person who is the subject of the criminal records check 310
for a period of one year from the date upon which the 311
superintendent makes the determination. During the period in 312
which the determination in regard to a person is valid, if 313
another request under this section is made for a criminal records 314
check for that person, the superintendent shall provide the 315
information that is the basis for the superintendent's initial 316
determination at a lower fee than the fee prescribed for the 317
initial criminal records check.
(E) As used in this section: 319
(1) "Criminal records check" means any criminal records 321
check conducted by the superintendent of the bureau of criminal 323
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identification and investigation in accordance with division (B) 324
of this section.
(2) "Minor drug possession offense" has the same meaning 326
as in section 2925.01 of the Revised Code. 327
(3) "Older adult" means a person age sixty or older. 329
Sec. 173.41. (A) As used in this section: 338
(1) "Applicant" means a person who is under final 340
consideration for employment with a PASSPORT agency in a 341
full-time, part-time or temporary position that involves 343
providing direct care to an older adult. "Applicant" does not 345
include a person who provides direct care as a volunteer without 347
receiving or expecting to receive any form of remuneration other 348
than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the 350
same meanings as in section 109.572 of the Revised Code. 352
(3) "PASSPORT agency" means a public or private entity 354
that provides home and community-based services to older adults 355
through the PASSPORT program created under section 173.40 of the 357
Revised Code.
(B)(1) Except as provided in division (I) of this section, 360
the chief administrator of a PASSPORT agency shall request that 361
the superintendent of the bureau of criminal identification and 362
investigation conduct a criminal records check with respect to 363
each applicant. If the applicant does not present proof of 364
having been a resident of this state for the five-year period 365
immediately prior to the date the criminal records check is 366
requested or provide evidence that within that five-year period 367
the superintendent has requested information about the applicant 368
from the federal bureau of investigation in a criminal records 369
check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of 370
investigation as part of the criminal records check of the 371
applicant. Even if the applicant presents proof of having been a 373
resident of this state for the five-year period, the chief
10
administrator may request that the superintendent include 374
information from the federal bureau of investigation in the 375
criminal records check. 376
(2) A person required by division (B)(1) of this section 378
to request a criminal records check shall do both of the 379
following: 380
(a) Provide to each applicant a copy of the form 382
prescribed pursuant to division (C)(1) of section 109.572 of the 383
Revised Code and a standard fingerprint impression sheet 384
prescribed pursuant to division (C)(2) of that section, and 385
obtain the completed form and impression sheet from the 386
applicant;
(b) Forward the completed form and impression sheet to the 388
superintendent of the bureau of criminal identification and 389
investigation. 390
(3) An applicant provided the form and fingerprint 392
impression sheet under division (B)(2)(a) of this section who 393
fails to complete the form or provide fingerprint impressions 395
shall not be employed in any position for which a criminal 396
records check is required by this section. 397
(C)(1) Except as provided in rules adopted by the 399
department of aging in accordance with division (F) of this 400
section, no PASSPORT agency shall employ a person in a position 402
that involves providing direct care to an older adult if the 403
person has been convicted of or pleaded guilty to any of the 404
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 406
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 407
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 408
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 410
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 411
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 412
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 413
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 414
11
2925.22, 2925.23, or 3716.11 of the Revised Code. 415
(b) An existing or former law of this state, any other 417
state, or the United States that is substantially equivalent to 419
any of the offenses or violations described LISTED in division 420
(C)(1)(a) of this section.
(2) A PASSPORT agency may employ an applicant 422
conditionally prior to obtaining THE RESULTS OF a criminal 423
records check regarding the individual. The agency shall 424
initiate the process of obtaining REQUEST a criminal records 425
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 426
later than five business days after the individual begins 427
conditional employment. The agency shall terminate the 428
individual's employment if the results of the criminal records 429
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 430
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 432
period ending sixty days after the date the request is made. If 433
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 434
OBTAINED, IF the results indicate that the individual has been 438
convicted of or pleaded guilty to any of the offenses specified 439
LISTED OR DESCRIBED in division (C)(1) of this section, the 440
agency shall terminate the individual's employment unless the 442
agency chooses to employ the individual pursuant to division (F) 443
of this section. Termination of employment under this division 444
shall be considered just cause for discharge for purposes of 445
division (D)(2) of section 4141.29 of the Revised Code if the 447
individual lied MAKES ANY ATTEMPT to DECEIVE the agency about the 448
individual's criminal record.
(D)(1) Each PASSPORT agency shall pay to the bureau of 450
criminal identification and investigation the fee prescribed 451
pursuant to division (C)(3) of section 109.572 of the Revised 452
Code for each criminal records check conducted pursuant to this 453
section. 454
(2) A PASSPORT agency may charge an applicant a fee not 457
exceeding the amount the agency pays under division (D)(1) of 458
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this section. An agency may collect a fee only if both of the 459
following apply:
(a) The agency notifies the person at the time of initial 461
application for employment of the amount of the fee and that, 463
unless the fee is paid, the person will not be considered for 464
employment;
(b) The medical assistance program established under 466
Chapter 5111. of the Revised Code does not reimburse the agency 469
the fee it pays under division (D)(1) of this section. 470
(E) The report of any criminal records check conducted 472
pursuant to a request made under this section is not a public 473
record for the purposes of section 149.43 of the Revised Code and 474
shall not be made available to any person other than the 475
following:
(1) The individual who is the subject of the criminal 477
records check or the individual's representative; 479
(2) The chief administrator of the agency requesting the 482
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 484
program that provides direct care to older adults that is owned 485
or operated by the same entity that owns or operates the PASSPORT 486
agency;
(4) A court, hearing officer, or other necessary 488
individual involved in a case dealing with a denial of employment 489
of the applicant.
(F) The department of aging shall adopt rules in 491
accordance with Chapter 119. of the Revised Code to implement 493
this section. The rules shall specify circumstances under which 495
a PASSPORT agency may hire EMPLOY a person who has been convicted 496
of or pleaded guilty to an offense listed OR DESCRIBED in 497
division (C)(1) of this section but meets personal character 498
standards set by the department. 499
(G) The chief administrator of a PASSPORT agency shall 502
inform each person, at the time of initial application for a 503
13
position that involves providing direct care to an older adult, 504
that the person is required to provide a set of fingerprint
impressions and that a criminal records check is required to be 505
conducted if the person comes under final consideration for 506
employment.
(H) In a tort or other civil action for damages that is 508
brought as the result of an injury, death, or loss to person or 509
property caused by an individual who a PASSPORT agency employs in 511
a position that involves providing direct care to older adults, 512
the following shall apply: 513
(1) If the agency employed the individual in good faith 515
and reasonable reliance on the report of a criminal records check 517
requested under this section, the agency shall not be found 518
negligent solely because of its reliance on the report, even if 519
the information in the report is determined later to have been 520
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 523
a conditional basis pursuant to division (C)(2) of this section, 524
the agency shall not be found negligent solely because it 525
employed the individual prior to receiving the report of a 526
criminal records check requested under this section; 527
(3) If the agency in good faith employed the individual 529
according to the personal character standards established in 531
rules adopted under division (F) of this section, the agency 533
shall not be found negligent solely because the individual prior 534
to being employed had been convicted of or pleaded guilty to an 535
offense listed OR DESCRIBED in division (C)(1) of this section. 536
(I) The chief administrator is not required to request 539
that the superintendent of the bureau of criminal identification 540
and investigation conduct a criminal records check of an 541
applicant if the applicant has been referred to the PASSPORT 542
agency by an employment service that supplies full-time, 543
part-time, or temporary staff for positions involving the direct 544
care of older adults and both of the following apply: 545
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(1) The chief administrator receives from the employment 547
service or the applicant a report of the results of a criminal 548
records check regarding the applicant that has been conducted by 549
the superintendent within the one-year period immediately 550
preceding the applicant's referral; 551
(2) The report of the criminal records check demonstrates 553
that the person has not been convicted of or pleaded guilty to an 555
offense listed OR DESCRIBED in division (C)(1) of this section.
Sec. 3319.223. (A) ON REQUEST OF A SCHOOL DISTRICT 557
SUPERINTENDENT, THE STATE BOARD OF EDUCATION MAY ISSUE A 558
TEMPORARY LICENSE TO AN INDIVIDUAL AS AN EDUCATOR IN THE 559
SPECIALTY OF SCHOOL SPEECH-LANGUAGE PATHOLOGY. 560
TO QUALIFY FOR A TEMPORARY LICENSE ISSUED UNDER THIS 562
SECTION, AN INDIVIDUAL MUST HAVE AT LEAST A BACHELOR'S DEGREE IN 563
SPEECH AND HEARING. THE BOARD SHALL EVALUATE EACH APPLICATION 564
RECEIVED AND ISSUE A TEMPORARY LICENSE TO EACH APPLICANT WHO 566
MEETS THE QUALIFICATIONS FOR LICENSURE.
(B) A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID 569
ONLY FOR TEACHING IN THE DISTRICT REPRESENTED BY THE
SUPERINTENDENT WHO REQUESTED ISSUANCE OF THE LICENSE AND EXPIRES 570
ONE YEAR AFTER THE DATE IT IS ISSUED. A TEMPORARY LICENSE MAY BE 571
RENEWED, BUT ONLY IF THE DISTRICT SUPERINTENDENT PRESENTS 572
EVIDENCE SATISFACTORY TO THE BOARD OF ONE OF THE FOLLOWING: 573
(1) THAT THE HOLDER IS ENROLLED IN A MASTER'S DEGREE 575
PROGRAM LEADING TO LICENSURE BY THE BOARD OF SPEECH-LANGUAGE 576
PATHOLOGY AND AUDIOLOGY UNDER CHAPTER 4753. OF THE REVISED CODE; 577
(2) THAT THE HOLDER HAS APPLIED WITHIN THE PAST YEAR TO A 579
MASTER'S DEGREE PROGRAM IN THIS STATE LEADING TO LICENSURE BY THE 580
BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY AND IS QUALIFIED 581
TO BE UNCONDITIONALLY ENROLLED IN THAT PROGRAM, BUT WAS DENIED 582
ENROLLMENT.
Sec. 3319.224. NOTWITHSTANDING SECTION 3319.30 OF THE 585
REVISED CODE, A SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER MAY 586
CONTRACT WITH A PROVIDER LICENSED UNDER CHAPTER 4753. OF THE 588
15
REVISED CODE FOR SPEECH AND LANGUAGE SERVICES OR FOR AUDIOLOGY 589
SERVICES. THE CONTRACTED SERVICES SHALL BE RETAINED ONLY AFTER 590
THE DISTRICT OR SERVICE CENTER HAS DEMONSTRATED TO THE DEPARTMENT 591
OF EDUCATION THAT ATTEMPTS TO OBTAIN THE SERVICES OF A SPEECH AND 592
LANGUAGE OR AUDIOLOGY PROVIDER LICENSED UNDER THIS CHAPTER HAVE 593
BEEN UNSUCCESSFUL.
Sec. 3701.881. (A) As used in this section: 605
(1) "Applicant" means both of the following: 607
(a) A person who is under final consideration for 609
appointment or employment with a home health agency in a position 610
as a person responsible for the care, custody, or control of a 611
child;
(b) A person who is under final consideration for 614
employment with a home health agency in a full-time, part-time, 615
or temporary position THAT INVOLVES providing direct care to an 616
older adult. With regard to persons providing direct care to
older adults, "applicant" does not include a person who provides 617
direct care to an older adult as a volunteer without receiving or 618
expecting to receive a ANY form of remuneration other than 620
reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the 622
same meanings as in section 109.572 of the Revised Code. 623
(3) "Home health agency" has the same meaning as in 625
section 3701.88 of the Revised Code. 626
(4) "Minor drug possession offense" has the same meaning 628
as in section 2925.01 of the Revised Code. 629
(B)(1) Except as provided in division (I) of this section, 632
the chief administrator of a home health agency shall request the 633
superintendent of the bureau of criminal identification and 634
investigation to conduct a criminal records check with respect to 635
each applicant. If the position may involve both responsibility 637
for the care, custody, or control of a child and provision of 638
direct care to an older adult, the chief administrator shall 639
request that the superintendent conduct a single criminal records 640
16
check for the applicant. If the applicant does not present proof 642
of having been a resident of this state for the five-year period 644
immediately prior to the date upon which the criminal records 645
check is requested or does not provide evidence that within that 646
five-year period the superintendent has requested information 647
about the applicant from the federal bureau of investigation in a 648
criminal records check, the chief administrator shall request 649
that the superintendent obtain information from the federal 650
bureau of investigation as a part of the criminal records check 651
for the applicant. If the applicant presents proof that the 652
applicant has been a resident of this state for that five-year 653
period, the chief administrator may request that the 654
superintendent include information from the federal bureau of 655
investigation in the criminal records check.
(2) Any person required by division (B)(1) of this section 657
to request a criminal records check shall provide to each 658
applicant a copy of the form prescribed pursuant to division 659
(C)(1) of section 109.572 of the Revised Code, provide to each 660
applicant a standard impression sheet to obtain fingerprint 661
impressions prescribed pursuant to division (C)(2) of section 662
109.572 of the Revised Code, obtain the completed form and 663
impression sheet from each applicant, and forward the completed 664
form and impression sheet to the superintendent of the bureau of 665
criminal identification and investigation at the time the chief 666
administrator requests a criminal records check pursuant to 667
division (B)(1) of this section. 668
(3) An applicant who receives pursuant to division (B)(2) 670
of this section a copy of the form prescribed pursuant to 671
division (C)(1) of section 109.572 of the Revised Code and a copy 672
of an impression sheet prescribed pursuant to division (C)(2) of 673
that section and who is requested to complete the form and 674
provide a set of fingerprint impressions shall complete the form 675
or provide all the information necessary to complete the form and 676
shall provide the impression sheets with the impressions of the 677
17
applicant's fingerprints. If an applicant, upon request, fails 679
to provide the information necessary to complete the form or 680
fails to provide fingerprint impressions the applicant's, the 681
home health agency shall not employ that applicant for any 684
position for which a criminal records check is required by 685
division (B)(1) of this section.
(C)(1) Except as provided in rules adopted by the 687
department of health in accordance with division (F) of this 689
section, no home health agency shall employ a person as a person 690
responsible for the care, custody, or control of a child if the 691
person previously has been convicted of or pleaded guilty to any 692
of the following: 693
(a) A violation of section 2903.01, 2903.02, 2903.03, 695
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 696
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 698
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 699
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 700
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 701
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 702
2925.06, or 3716.11 of the Revised Code, a violation of section 703
2905.04 of the Revised Code as it existed prior to July 1, 1996, 704
a violation of section 2919.23 of the Revised Code that would 705
have been a violation of section 2905.04 of the Revised Code as 706
it existed prior to July 1, 1996, had the violation been
committed prior to that date,, a violation of section 2925.11 of 707
the Revised Code that is not a minor drug possession offense, or 708
felonious sexual penetration in violation of former section 709
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 711
state, any other state, or the United States that is 712
substantially equivalent to any of the offenses or violations 713
described LISTED in division (C)(1)(a) of this section. 714
(2) Except as provided in rules adopted by the department 716
of health in accordance with division (F) of this section, no 718
18
home health agency shall employ a person in a position that 719
involves providing direct care to an older adult if the person 720
previously has been convicted of or pleaded guilty to any of the 721
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 724
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 725
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, 727
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 729
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, 730
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 732
2925.22, 2925.23, or 3716.11 of the Revised Code. 733
(b) An existing or former law of this state, any other 736
state, or the United States that is substantially equivalent to 737
any of the offenses or violations described LISTED in division 738
(C)(2)(a) of this section.
(3)(a) A home health agency may employ an applicant 740
conditionally as a person responsible for the care, custody, or 741
control of a child until the criminal records check required by 742
this section is completed and the agency receives the results of 743
the criminal records check. If the results of the criminal 744
records check indicate that, pursuant to division (C)(1) of this 745
section, the applicant does not qualify for employment, the 747
agency shall release the applicant from employment. 748
(b) A home health agency may employ an applicant 750
conditionally in a position THAT INVOLVES providing direct care 751
to an older adult prior to obtaining THE RESULTS OF a criminal 752
records check regarding the individual. The agency shall 753
initiate the process of obtaining REQUEST a criminal records 754
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 755
later than five business days after the individual begins 756
conditional employment. The agency shall terminate the 757
individual's employment if the results of the criminal records 758
19
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 759
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 762
period ending sixty days after the date the request is made. If 763
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 764
OBTAINED, IF the results indicate that the individual has been 765
convicted of or pleaded guilty to any of the offenses specified 767
LISTED OR DESCRIBED in division (C)(2) of this section, the 768
agency shall terminate the individual's employment unless the 770
agency chooses to employ the individual pursuant to division (F) 772
of this section. Termination of employment under this division 773
shall be considered just cause for discharge for purposes of 774
division (D)(2) of section 4141.29 of the Revised Code if the 775
individual lied MAKES ANY ATTEMPT to DECEIVE the agency about the 776
individual's criminal record. 777
(D)(1) Each home health agency shall pay to the bureau of 779
criminal identification and investigation the fee prescribed 780
pursuant to division (C)(3) of section 109.572 of the Revised 781
Code for each criminal records check conducted in accordance with 782
that section upon the request pursuant to division (B)(1) of this 784
section of the chief administrator of the home health agency.
(2) A home health agency may charge an applicant a fee for 786
the costs it incurs in obtaining a criminal records check under 787
this section, unless the medical assistance program established 789
under Chapter 5111. of the Revised Code reimburses the agency for 792
the costs. A fee charged under division (D)(2) of this section 794
shall not exceed the amount of fees the agency pays under 795
division (D)(1) of this section. If a fee is charged under 797
division (D)(2) of this section, the agency shall notify the 799
applicant at the time of the applicant's initial application for 800
employment of the amount of the fee and that, unless the fee is 803
paid, the agency will not consider the applicant for employment.
(E) The report of any criminal records check conducted by 805
the bureau of criminal identification and investigation in 806
accordance with section 109.572 of the Revised Code and pursuant 807
20
to a request made under division (B)(1) of this section is not a 809
public record for the purposes of section 149.43 of the Revised 810
Code and shall not be made available to any person other than the 811
following: 812
(1) The individual who is the subject of the criminal 814
records check or the individual's representative; 816
(2) The home health agency requesting the criminal records 819
check or its representative;
(3) The administrator of any other facility, agency, or 821
program that provides direct care to older adults that is owned 822
or operated by the same entity that owns or operates the home 823
health agency;
(4) Any court, hearing officer, or other necessary 825
individual involved in a case dealing with the denial of 826
employment of the applicant. 827
(F) The department of health shall adopt rules in 829
accordance with Chapter 119. of the Revised Code to implement 830
this section. The rules shall specify circumstances under which 832
the home health agency may hire EMPLOY a person who has been 833
convicted of OR PLEADED GUILTY TO an offense listed OR DESCRIBED 834
in division (C)(1) of this section but who meets standards in 836
regard to rehabilitation set by the department or hire EMPLOY a 837
person who has been convicted of OR PLEADED GUILTY TO an offense 839
listed OR DESCRIBED in division (C)(2) of this section but meets 840
personal character standards set by the department.
(G) Any person required by division (B)(1) of this section 842
to request a criminal records check shall inform each person, at 843
the time of initial application for employment that the person is 845
required to provide a set of fingerprint impressions and that a 847
criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of 848
the Revised Code if the person comes under final consideration 849
for appointment or employment as a precondition to employment for 850
that position. 851
21
(H) In a tort or other civil action for damages that is 853
brought as the result of an injury, death, or loss to person or 854
property caused by an individual who a home health agency employs 856
in a position that involves providing direct care to older 857
adults, the following shall apply: 858
(1) If the agency employed the individual in good faith 860
and reasonable reliance on the report of a criminal records check 862
requested under this section, the agency shall not be found 863
negligent solely because of its reliance on the report, even if 864
the information in the report is determined later to have been 865
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 868
a conditional basis pursuant to division (C)(2)(b) of this 869
section, the agency shall not be found negligent solely because 870
it employed the individual prior to receiving the report of a 871
criminal records check requested under this section; 872
(3) If the agency in good faith employed the individual 874
according to the personal character standards established in 876
rules adopted under division (F) of this section, the agency 878
shall not be found negligent solely because the individual prior 879
to being employed had been convicted of or pleaded guilty to an 880
offense listed OR DESCRIBED in division (C)(1) of this section. 881
(I) The chief administrator is not required to request 884
that the superintendent of the bureau of criminal identification 885
and investigation conduct a criminal records check of an 886
applicant if the applicant has been referred to the home health 887
agency by an employment service that supplies full-time, 888
part-time, or temporary staff for positions involving the direct 889
care of older adults and both of the following apply: 890
(1) The chief administrator receives from the employment 892
service or the applicant a report of the results of a criminal 893
records check regarding the applicant that has been conducted by 894
the superintendent within the one-year period immediately 895
preceding the applicant's referral; 896
22
(2) The report of the criminal records check demonstrates 898
that the person has not been convicted of or pleaded guilty to an 900
offense listed OR DESCRIBED in division (C)(2) of this section.
Sec. 3712.09. (A) As used in this section: 909
(1) "Applicant" means a person who is under final 911
consideration for employment with a hospice care program in a 912
full-time, part-time, or temporary position that involves 914
providing direct care to an older adult. "Applicant" does not 915
include a person who provides direct care as a volunteer without 916
receiving or expecting to receive any form of remuneration other
than reimbursement for actual expenses. 917
(2) "Criminal records check" and "older adult" have the 919
same meanings as in section 109.572 of the Revised Code. 921
(B)(1) Except as provided in division (I) of this section, 923
the chief administrator of a hospice care program shall request 925
that the superintendent of the bureau of criminal identification 926
and investigation conduct a criminal records check with respect 927
to each applicant. If the applicant does not present proof of 928
having been a resident of this state for the five-year period 929
immediately prior to the date the criminal records check is 930
requested or provide evidence that within that five-year period 931
the superintendent has requested information about the applicant 932
from the federal bureau of investigation in a criminal records 933
check, the chief administrator shall request that the 934
superintendent obtain information from the federal bureau of 935
investigation as part of the criminal records check of the 936
applicant. Even if the applicant presents proof of having been a 937
resident of this state for the five-year period, the chief
administrator may request that the superintendent include 938
information from the federal bureau of investigation in the 939
criminal records check. 940
(2) A person required by division (B)(1) of this section 943
to request a criminal records check shall do both of the
following: 944
23
(a) Provide to each applicant a copy of the form 946
prescribed pursuant to division (C)(1) of section 109.572 of the 948
Revised Code and a standard fingerprint impression sheet 949
prescribed pursuant to division (C)(2) of that section, and 950
obtain the completed form and impression sheet from the 951
applicant;
(b) Forward the completed form and impression sheet to the 954
superintendent of the bureau of criminal identification and 955
investigation.
(3) An applicant provided the form and fingerprint 957
impression sheet under division (B)(2)(a) of this section who 958
fails to complete the form or provide fingerprint impressions 960
shall not be employed in any position for which a criminal 961
records check is required by this section. 962
(C)(1) Except as provided in rules adopted by the public 965
health council in accordance with division (F) of this section, 966
no hospice care program shall employ a person in a position that 968
involves providing direct care to an older adult if the person 969
has been convicted of or pleaded guilty to any of the following: 970
(a) A violation of section 2903.01, 2903.02, 2903.03, 973
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 974
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, 976
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 978
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, 979
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 982
2925.22, 2925.23, or 3716.11 of the Revised Code. 983
(b) An existing or former law of this state, any other 986
state, or the United States that is substantially equivalent to 987
any of the offenses or violations described LISTED in division 988
(C)(1)(a) of this section.
(2) A hospice care program may employ an applicant 990
conditionally prior to obtaining THE RESULTS OF a criminal 992
24
records check regarding the individual. The program shall 993
initiate the process of obtaining REQUEST a criminal records 994
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 995
later than five business days after the individual begins 996
conditional employment. The program shall terminate the 997
individual's employment if the results of the criminal records 998
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 999
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 1,001
period ending sixty days after the date the request is made. If 1,002
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 1,003
OBTAINED, IF the results indicate that the individual has been 1,005
convicted of or pleaded guilty to any of the offenses specified 1,006
LISTED OR DESCRIBED in division (C)(1) of this section, the 1,007
program shall terminate the individual's employment unless the 1,009
program chooses to employ the individual pursuant to division (F) 1,010
of this section. Termination of employment under this division 1,011
shall be considered just cause for discharge for purposes of 1,012
division (D)(2) of section 4141.29 of the Revised Code if the 1,015
individual lied MAKES ANY ATTEMPT to DECEIVE the program about 1,016
the individual's criminal record. 1,017
(D)(1) Each hospice care program shall pay to the bureau 1,020
of criminal identification and investigation the fee prescribed 1,021
pursuant to division (C)(3) of section 109.572 of the Revised 1,022
Code for each criminal records check conducted pursuant to this 1,023
section.
(2) A hospice care program may charge an applicant a fee 1,025
not exceeding the amount the program pays under division (D)(1) 1,027
of this section. A program may collect a fee only if both of the 1,028
following apply:
(a) The program notifies the person at the time of initial 1,030
application for employment of the amount of the fee and that, 1,033
unless the fee is paid, the person will not be considered for 1,034
employment;
(b) The medical assistance program established under 1,036
25
Chapter 5111. of the Revised Code does not reimburse the program 1,039
the fee it pays under division (D)(1) of this section. 1,040
(E) The report of a criminal records check conducted 1,043
pursuant to a request made under this section is not a public 1,044
record for the purposes of section 149.43 of the Revised Code and 1,045
shall not be made available to any person other than the 1,046
following:
(1) The individual who is the subject of the criminal 1,049
records check or the individual's representative;
(2) The chief administrator of the program requesting the 1,052
criminal records check or the administrator's representative; 1,053
(3) The administrator of any other facility, agency, or 1,055
program that provides direct care to older adults that is owned 1,056
or operated by the same entity that owns or operates the hospice 1,057
care program;
(4) A court, hearing officer, or other necessary 1,061
individual involved in a case dealing with a denial of employment 1,062
of the applicant.
(F) The public health council shall adopt rules in 1,065
accordance with Chapter 119. of the Revised Code to implement 1,066
this section. The rules shall specify circumstances under which 1,067
a hospice care program may hire EMPLOY a person who has been 1,068
convicted of or pleaded guilty to an offense listed OR DESCRIBED 1,070
in division (C)(1) of this section but meets personal character 1,071
standards set by the council.
(G) The chief administrator of a hospice care program 1,074
shall inform each individual, at the time of initial application 1,075
for a position that involves providing direct care to an older 1,076
adult, that the individual is required to provide a set of
fingerprint impressions and that a criminal records check is 1,077
required to be conducted if the individual comes under final 1,078
consideration for employment. 1,079
(H) In a tort or other civil action for damages that is 1,081
brought as the result of an injury, death, or loss to person or 1,082
26
property caused by an individual who a hospice care program 1,084
employs in a position that involves providing direct care to 1,085
older adults, the following shall apply: 1,086
(1) If the program employed the individual in good faith 1,088
and reasonable reliance on the report of a criminal records check 1,090
requested under this section, the program shall not be found 1,091
negligent solely because of its reliance on the report, even if 1,092
the information in the report is determined later to have been 1,093
incomplete or inaccurate;
(2) If the program employed the individual in good faith 1,095
on a conditional basis pursuant to division (C)(2) of this 1,097
section, the program shall not be found negligent solely because 1,098
it employed the individual prior to receiving the report of a 1,099
criminal records check requested under this section; 1,100
(3) If the program in good faith employed the individual 1,102
according to the personal character standards established in 1,104
rules adopted under division (F) of this section, the program 1,106
shall not be found negligent solely because the individual prior 1,107
to being employed had been convicted of or pleaded guilty to an 1,108
offense listed OR DESCRIBED in division (C)(1) of this section. 1,109
(I) The chief administrator is not required to request 1,112
that the superintendent of the bureau of criminal identification 1,113
and investigation conduct a criminal records check of an 1,114
applicant if the applicant has been referred to the hospice care 1,115
program by an employment service that supplies full-time, 1,116
part-time, or temporary staff for positions involving the direct 1,117
care of older adults and both of the following apply: 1,118
(1) The chief administrator receives from the employment 1,120
service or the applicant a report of the results of a criminal 1,121
records check regarding the applicant that has been conducted by 1,122
the superintendent within the one-year period immediately 1,123
preceding the applicant's referral; 1,124
(2) The report of the criminal records check demonstrates 1,126
that the person has not been convicted of or pleaded guilty to an 1,128
27
offense listed OR DESCRIBED in division (C)(1) of this section. 1,129
Sec. 3721.121. (A) As used in this section: 1,138
(1) "Adult day-care program" means a program operated 1,140
pursuant to rules adopted by the public health council under 1,141
section 3721.04 of the Revised Code and provided by and on the 1,143
same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final 1,145
consideration for employment with a home or adult day-care 1,146
program in a full-time, part-time, or temporary position that 1,147
involves providing direct care to an older adult. "Applicant" 1,150
does not include a person who provides direct care as a volunteer 1,152
without receiving or expecting to receive any form of
remuneration other than reimbursement for actual expenses. 1,153
(3) "Criminal records check" and "older adult" have the 1,155
same meanings as in section 109.572 of the Revised Code. 1,156
(4) "Home" means a home as defined in section 3721.10 of 1,158
the Revised Code. 1,159
(B)(1) Except as provided in division (I) of this section, 1,162
the chief administrator of a home or adult day-care program shall 1,163
request that the superintendent of the bureau of criminal 1,164
identification and investigation conduct a criminal records check 1,165
with respect to each applicant. If the applicant does not 1,166
present proof of having been a resident of this state for the 1,167
five-year period immediately prior to the date the criminal 1,168
records check is requested or provide evidence that within that 1,169
five-year period the superintendent has requested information 1,170
about the applicant from the federal bureau of investigation in a 1,171
criminal records check, the chief administrator shall request
that the superintendent obtain information from the federal 1,172
bureau of investigation as part of the criminal records check of 1,173
the applicant. Even if the applicant presents proof of having 1,174
been a resident of this state for the five-year period, the chief 1,175
administrator may request that the superintendent include 1,176
information from the federal bureau of investigation in the 1,177
28
criminal records check. 1,178
(2) A person required by division (B)(1) of this section 1,181
to request a criminal records check shall do both of the
following: 1,182
(a) Provide to each applicant a copy of the form 1,184
prescribed pursuant to division (C)(1) of section 109.572 of the 1,186
Revised Code and a standard fingerprint impression sheet 1,187
prescribed pursuant to division (C)(2) of that section, and 1,188
obtain the completed form and impression sheet from the 1,189
applicant;
(b) Forward the completed form and impression sheet to the 1,192
superintendent of the bureau of criminal identification and 1,193
investigation.
(3) An applicant provided the form and fingerprint 1,195
impression sheet under division (B)(2)(a) of this section who 1,196
fails to complete the form or provide fingerprint impressions 1,198
shall not be employed in any position for which a criminal 1,199
records check is required by this section. 1,200
(C)(1) Except as provided in rules adopted by the director 1,203
of health in accordance with division (F) of this section, no 1,204
home or adult day-care program shall employ a person in a 1,205
position that involves providing direct care to an older adult if 1,207
the person has been convicted of or pleaded guilty to any of the 1,208
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,211
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,212
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, 1,214
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,216
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, 1,217
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,219
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,220
(b) An existing or former law of this state, any other 1,223
29
state, or the United States that is substantially equivalent to 1,224
any of the offenses or violations described LISTED in division 1,225
(C)(1)(a) of this section.
(2) A home or an adult day-care program may employ an 1,227
applicant conditionally prior to obtaining THE RESULTS OF a 1,229
criminal records check regarding the individual. The home or 1,230
program shall initiate the process of obtaining REQUEST a 1,231
criminal records check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS 1,232
SECTION not later than five business days after the individual 1,233
begins conditional employment. The home or program shall 1,234
terminate the individual's employment if the results of the 1,235
criminal records check, OTHER THAN THE RESULTS OF ANY REQUEST FOR 1,236
INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION, are not 1,239
obtained within the period ending sixty days after the date the
request is made. If REGARDLESS OF WHEN THE RESULTS OF THE 1,240
CRIMINAL RECORDS CHECK ARE OBTAINED, IF the results indicate that 1,242
the individual has been convicted of or pleaded guilty to any of 1,243
the offenses specified LISTED OR DESCRIBED in division (C)(1) of 1,245
this section, the home or program shall terminate the 1,246
individual's employment unless the home or program chooses to 1,247
employ the individual pursuant to division (F) of this section. 1,249
Termination of employment under this division shall be considered 1,250
just cause for discharge for purposes of division (D)(2) of 1,251
section 4141.29 of the Revised Code if the individual lied MAKES 1,253
ANY ATTEMPT to DECEIVE the home or program about the individual's 1,255
criminal record.
(D)(1) Each home or adult day-care program shall pay to 1,258
the bureau of criminal identification and investigation the fee 1,259
prescribed pursuant to division (C)(3) of section 109.572 of the 1,260
Revised Code for each criminal records check conducted pursuant 1,261
to this section.
(2) A home or adult day-care program may charge an 1,263
applicant a fee not exceeding the amount the home or program pays 1,264
under division (D)(1) of this section. A home or program may 1,266
30
collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of 1,268
initial application for employment of the amount of the fee and 1,271
that, unless the fee is paid, the person will not be considered
for employment; 1,272
(b) The medical assistance program established under 1,274
Chapter 5111. of the Revised Code does not reimburse the home or 1,277
program the fee it pays under division (D)(1) of this section. 1,278
(E) The report of any criminal records check conducted 1,281
pursuant to a request made under this section is not a public 1,282
record for the purposes of section 149.43 of the Revised Code and 1,283
shall not be made available to any person other than the 1,284
following:
(1) The individual who is the subject of the criminal 1,287
records check or the individual's representative;
(2) The chief administrator of the home or program 1,290
requesting the criminal records check or the administrator's 1,291
representative;
(3) The administrator of any other facility, agency, or 1,293
program that provides direct care to older adults that is owned 1,294
or operated by the same entity that owns or operates the home or 1,295
program;
(4) A court, hearing officer, or other necessary 1,298
individual involved in a case dealing with a denial of employment 1,299
of the applicant.
(F) In accordance with section 3721.11 of the Revised 1,301
Code, the director of health shall adopt rules to implement this 1,302
section. The rules shall specify circumstances under which a 1,304
home or adult day-care program may hire EMPLOY a person who has 1,305
been convicted of or pleaded guilty to an offense listed OR 1,307
DESCRIBED in division (C)(1) of this section but meets personal 1,309
character standards set by the director. 1,310
(G) The chief administrator of a home or adult day-care 1,312
program shall inform each individual, at the time of initial 1,313
31
application for a position that involves providing direct care to 1,314
an older adult, that the individual is required to provide a set 1,315
of fingerprint impressions and that a criminal records check is 1,316
required to be conducted if the individual comes under final 1,317
consideration for employment.
(H) In a tort or other civil action for damages that is 1,319
brought as the result of an injury, death, or loss to person or 1,320
property caused by an individual who a home or adult day-care 1,322
program employs in a position that involves providing direct care 1,323
to older adults, the following shall apply: 1,324
(1) If the home or program employed the individual in good 1,326
faith and reasonable reliance on the report of a criminal records 1,328
check requested under this section, the home or program shall not 1,329
be found negligent solely because of its reliance on the report, 1,330
even if the information in the report is determined later to have 1,332
been incomplete or inaccurate;
(2) If the home or program employed the individual in good 1,334
faith on a conditional basis pursuant to division (C)(2) of this 1,336
section, the home or program shall not be found negligent solely 1,337
because it employed the individual prior to receiving the report 1,338
of a criminal records check requested under this section; 1,339
(3) If the home or program in good faith employed the 1,341
individual according to the personal character standards 1,343
established in rules adopted under division (F) of this section, 1,345
the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or 1,346
pleaded guilty to an offense listed OR DESCRIBED in division 1,347
(C)(1) of this section. 1,348
(I) The chief administrator is not required to request 1,351
that the superintendent of the bureau of criminal identification 1,352
and investigation conduct a criminal records check of an 1,353
applicant if the applicant has been referred to the home or adult 1,354
day-care program by an employment service that supplies 1,355
full-time, part-time, or temporary staff for positions involving 1,356
32
the direct care of older adults and both of the following apply: 1,357
(1) The chief administrator receives from the employment 1,359
service or the applicant a report of the results of a criminal 1,360
records check regarding the applicant that has been conducted by 1,361
the superintendent within the one-year period immediately 1,362
preceding the applicant's referral; 1,363
(2) The report of the criminal records check demonstrates 1,365
that the person has not been convicted of or pleaded guilty to an 1,367
offense listed OR DESCRIBED in division (C)(1) of this section.
Sec. 3722.151. (A) As used in this section: 1,376
(1) "Adult care facility" has the same meaning as in 1,378
section 3722.01 of the Revised Code. 1,379
(2) "Applicant" means a person who is under final 1,381
consideration for employment with an adult care facility in a 1,382
full-time, part-time, or temporary position that involves 1,384
providing direct care to an older adult. "Applicant" does not
include a person who provides direct care as a volunteer without 1,387
receiving or expecting to receive any form of remuneration other 1,388
than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the 1,390
same meanings as in section 109.572 of the Revised Code. 1,392
(B)(1) Except as provided in division (I) of this section, 1,395
the chief administrator of an adult care facility shall request 1,396
that the superintendent of the bureau of criminal identification 1,397
and investigation conduct a criminal records check with respect 1,398
to each applicant. If the applicant does not present proof of 1,399
having been a resident of this state for the five-year period 1,400
immediately prior to the date the criminal records check is 1,401
requested or provide evidence that within that five-year period 1,402
the superintendent has requested information about the applicant 1,403
from the federal bureau of investigation in a criminal records 1,404
check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of 1,405
investigation as part of the criminal records check of the 1,406
33
applicant. Even if the applicant presents proof of having been a 1,408
resident of this state for the five-year period, the chief
administrator may request that the superintendent include 1,409
information from the federal bureau of investigation in the 1,410
criminal records check. 1,411
(2) A person required by division (B)(1) of this section 1,413
to request a criminal records check shall do both of the 1,414
following: 1,415
(a) Provide to each applicant a copy of the form 1,417
prescribed pursuant to division (C)(1) of section 109.572 of the 1,418
Revised Code and a standard fingerprint impression sheet 1,419
prescribed pursuant to division (C)(2) of that section, and 1,420
obtain the completed form and impression sheet from the 1,421
applicant;
(b) Forward the completed form and impression sheet to the 1,423
superintendent of the bureau of criminal identification and 1,424
investigation. 1,425
(3) An applicant provided the form and fingerprint 1,427
impression sheet under division (B)(2)(a) of this section who 1,428
fails to complete the form or provide fingerprint impressions 1,430
shall not be employed in any position for which a criminal 1,431
records check is required by this section. 1,432
(C)(1) Except as provided in rules adopted by the public 1,434
health council in accordance with division (F) of this section, 1,435
no adult care facility shall employ a person in a position that 1,437
involves providing direct care to an older adult if the person 1,438
has been convicted of or pleaded guilty to any of the following: 1,439
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,441
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,442
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1,443
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1,445
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,446
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1,447
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1,448
34
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,449
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,450
(b) An existing or former law of this state, any other 1,452
state, or the United States that is substantially equivalent to 1,453
any of the offenses or violations described LISTED in division 1,454
(C)(1)(a) of this section. 1,456
(2) An adult care facility may employ an applicant 1,458
conditionally prior to obtaining THE RESULTS OF a criminal 1,459
records check regarding the individual. The facility shall 1,460
initiate the process of obtaining REQUEST a criminal records 1,461
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 1,462
later than five business days after the individual begins 1,463
conditional employment. The facility shall terminate the 1,464
individual's employment if the results of the criminal records 1,465
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 1,466
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 1,468
period ending sixty days after the date the request is made. If 1,469
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 1,470
OBTAINED, IF the results indicate that the individual has been 1,473
convicted of or pleaded guilty to any of the offenses specified 1,474
LISTED OR DESCRIBED in division (C)(1) of this section, the 1,475
facility shall terminate the individual's employment unless the 1,477
facility chooses to employ the individual pursuant to division 1,478
(F) of this section. Termination of employment under this 1,479
division shall be considered just cause for discharge for 1,480
purposes of division (D)(2) of section 4141.29 of the Revised 1,482
Code if the individual lied MAKES ANY ATTEMPT to DECEIVE the 1,484
facility about the individual's criminal record. 1,485
(D)(1) Each adult care facility shall pay to the bureau of 1,487
criminal identification and investigation the fee prescribed 1,488
pursuant to division (C)(3) of section 109.572 of the Revised 1,489
Code for each criminal records check conducted pursuant to this 1,490
section. 1,491
(2) An adult care facility may charge an applicant a fee 1,493
35
not exceeding the amount the facility pays under division (D)(1) 1,494
of this section. A facility may collect a fee only if it 1,495
notifies the person at the time of initial application for 1,496
employment of the amount of the fee and that, unless the fee is 1,498
paid, the person will not be considered for employment. 1,499
(E) The report of any criminal records check conducted 1,501
pursuant to a request made under this section is not a public 1,502
record for the purposes of section 149.43 of the Revised Code and 1,503
shall not be made available to any person other than the 1,504
following:
(1) The individual who is the subject of the criminal 1,506
records check or the individual's representative; 1,508
(2) The chief administrator of the facility requesting the 1,511
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 1,513
program that provides direct care to older adults that is owned 1,514
or operated by the same entity that owns or operates the adult 1,515
care facility;
(4) A court, hearing officer, or other necessary 1,517
individual involved in a case dealing with a denial of employment 1,518
of the applicant.
(F) The public health council shall adopt rules in 1,520
accordance with Chapter 119. of the Revised Code to implement 1,522
this section. The rules shall specify circumstances under which 1,523
an adult care facility may hire EMPLOY a person who has been 1,524
convicted of or pleaded guilty to an offense listed OR DESCRIBED 1,526
in division (C)(1) of this section but meets personal character 1,528
standards set by the council. 1,529
(G) The chief administrator of an adult care facility 1,531
shall inform each individual, at the time of initial application 1,532
for a position that involves providing direct care to an older 1,533
adult, that the individual is required to provide a set of 1,534
fingerprint impressions and that a criminal records check is 1,535
required to be conducted if the individual comes under final 1,536
36
consideration for employment.
(H) In a tort or other civil action for damages that is 1,538
brought as the result of an injury, death, or loss to person or 1,539
property caused by an individual who an adult care facility 1,541
employs in a position that involves providing direct care to 1,542
older adults, the following shall apply: 1,543
(1) If the facility employed the individual in good faith 1,545
and reasonable reliance on the report of a criminal records check 1,547
requested under this section, the facility shall not be found 1,548
negligent solely because of its reliance on the report, even if 1,549
the information in the report is determined later to have been 1,550
incomplete or inaccurate;
(2) If the facility employed the individual in good faith 1,552
on a conditional basis pursuant to division (C)(2) of this 1,554
section, the facility shall not be found negligent solely because 1,555
it employed the individual prior to receiving the report of a 1,556
criminal records check requested under this section; 1,557
(3) If the facility in good faith employed the individual 1,559
according to the personal character standards established in 1,561
rules adopted under division (F) of this section, the facility 1,563
shall not be found negligent solely because the individual prior 1,564
to being employed had been convicted of or pleaded guilty to an 1,565
offense listed OR DESCRIBED in division (C)(1) of this section. 1,566
(I) The chief administrator is not required to request 1,569
that the superintendent of the bureau of criminal identification 1,570
and investigation conduct a criminal records check of an 1,571
applicant if the applicant has been referred to the adult care 1,572
facility by an employment service that supplies full-time, 1,573
part-time, or temporary staff for positions involving the direct 1,574
care of older adults and both of the following apply: 1,575
(1) The chief administrator receives from the employment 1,577
service or the applicant a report of the results of a criminal 1,578
records check regarding the applicant that has been conducted by 1,579
the superintendent within the one-year period immediately 1,580
37
preceding the applicant's referral; 1,581
(2) The report of the criminal records check demonstrates 1,583
that the person has not been convicted of or pleaded guilty to an 1,585
offense listed OR DESCRIBED in division (C)(1) of this section. 1,586
Sec. 4753.08. The board of speech-language pathology and 1,595
audiology shall waive the examination and educational 1,596
requirements for any applicant who: 1,597
(A) On September 26, 1975, has at least a bachelor's 1,599
degree with a major in speech-language pathology or audiology 1,600
from an accredited college or university, or who has been 1,601
employed as a speech-language pathologist or audiologist for at 1,602
least nine months at any time within the three years prior to 1,603
September 26, 1975, if an application providing bona fide proof 1,604
of such degree or employment is filed with the board within one 1,605
year after September 26, 1975, and is accompanied by the 1,606
application fee as prescribed in division (A) of section 4753.11 1,607
of the Revised Code; 1,608
(B) Presents proof of current certification or licensure 1,610
in good standing in the area in which licensure is sought in a 1,611
state which has standards at least equal to those for licensure 1,612
in this state; 1,613
(C) Presents proof of a current certificate of clinical 1,615
competence in speech-language pathology or audiology that is in 1,616
good standing and received from the American 1,617
speech-language-hearing association in the area in which 1,618
licensure is sought; 1,619
(D) On January 1, 2001, holds a current certificate, 1,622
except a temporary certificate, if the certificate is in good 1,623
standing, PURSUANT TO SECTION 3319.222 OF THE REVISED CODE, in 1,624
the area in which licensure is sought and if an application 1,625
providing bona fide proof of the certificate is filed with the 1,626
board on or after January 1, 2001, but before January 1, 2002. 1,627
Notwithstanding division (A) of section 4753.11 of the Revised 1,628
Code, the board shall not charge a licensure fee for a license 1,630
38
issued by waiver to the holder of such a certificate. As used in 1,631
this division, "certificate" means a certificate issued by the
Ohio department of education to an applicant PURSUANT TO SECTION 1,632
3319.222 OF THE REVISED CODE to serve as a SCHOOL speech and 1,633
hearing therapist, a school speech-language pathologist, a school 1,634
audiologist, or any equivalent position for which a certificate 1,635
is issued by the Ohio department of education. 1,636
(E) On January 1, 2001, is employed as a speech-language 1,639
pathologist or audiologist by any agency of this state, if an
application providing bona fide proof of the employment in the 1,640
area in which licensure is sought is filed with the board on or 1,641
after January 1, 2001, but before January 1, 2002. 1,642
Notwithstanding division (A) of section 4753.11 of the Revised 1,643
Code, the board shall not charge a licensure fee for a license 1,644
issued by waiver to a person so employed.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 1,646
Sec. 4753.12. Nothing in this chapter shall be construed 1,655
to:
(A) Prohibit a person other than an individual from 1,657
engaging in the business of speech-language pathology or 1,658
audiology without licensure if it employs a licensed individual 1,659
in the direct practice of speech-language pathology and 1,660
audiology. Such entity shall file a statement with the board, on 1,661
a form approved by the board for this purpose, swearing that it 1,662
submits itself to the rules of the board and the provisions of 1,663
this chapter which the board determines applicable. 1,664
(B) Prevent or restrict the practice of speech and hearing 1,666
therapy or the use of the official title of such practice by a 1,667
person who holds a valid and current license OR CERTIFICATE as a 1,668
speech and hearing therapist SCHOOL SPEECH-LANGUAGE PATHOLOGIST 1,669
OR SCHOOL AUDIOLOGIST issued by the state board of education 1,670
UNDER SECTION 3319.22, 3319.222, OR 3319.223 OF THE REVISED CODE, 1,671
to prevent or restrict the establishment of standards and courses 1,673
of study pursuant to Chapter 3319. of the Revised Code, to 1,674
39
prevent or restrict the licensure of teachers pursuant to Chapter 1,675
3319. of the Revised Code, or prevent any person assigned by or 1,676
under the control of the superintendent of or board of a city,
local, or exempted village school district or of an educational 1,677
service center from identification screening of speech or hearing 1,679
impairments of pupils enrolled in the district or educational 1,680
service center, provided such persons are performing activities 1,681
within the scope of their employment and do not offer to render 1,682
speech-language pathology or audiology services to the general 1,683
public outside of the institutions or organizations in which they 1,684
are employed. 1,685
(C) Prevent or restrict the practice of a person employed 1,687
as a speech-language pathologist or audiologist by any agency of 1,688
the state or the federal government. 1,689
(D) Restrict the activities and services of a student or 1,691
intern in speech-language pathology or audiology from pursuing a 1,692
course of study leading to a degree in these areas at a college 1,693
or university accredited by a recognized regional or national 1,694
accrediting body or in one of its cooperating clinical training 1,695
facilities, if these activities and services are supervised by a 1,696
person licensed in the area of study or certified by the American 1,698
speech-language-hearing association in the area of study and if 1,699
the student is designated by a title such as "speech-language 1,700
pathology intern," "audiology intern," "trainee," or other such 1,701
title clearly indicating the training status. 1,702
(E) Prevent a person from performing speech-language 1,704
pathology or audiology services when performing these services in 1,705
pursuit of the required supervised professional experience as 1,706
prescribed in section 4753.06 of the Revised Code and that person 1,707
has been issued a conditional license pursuant to section 1,708
4753.071 of the Revised Code. 1,709
(F) Restrict a speech-language pathologist or audiologist 1,711
who holds the certification of the American 1,712
speech-language-hearing association, or who is licensed as a 1,713
40
speech-language pathologist or audiologist in another state and 1,714
who has made application to the board for a license in this 1,715
state, from practicing speech-language pathology or audiology 1,716
without a valid license pending the disposition of the 1,717
application.
(G) Restrict a person not a resident of this state from 1,719
offering speech-language pathology or audiology services in this 1,720
state if such services are performed for not more than one period 1,721
of thirty consecutive calendar days in any year, if the person is 1,722
licensed in the state of the person's residence or certified by 1,724
the American speech-language-hearing association and files a
statement as prescribed by the board in advance of providing 1,725
these services. Such person shall be subject to the rules of the 1,726
board and the provisions of this chapter. 1,727
(H) Restrict a person licensed under Chapter 4747. of the 1,729
Revised Code from engaging in the duties as defined in that 1,730
chapter related to measuring, testing, and counseling for the 1,731
purpose of identifying or modifying hearing conditions in 1,732
connection with the fitting, dispensing, or servicing of a 1,733
hearing aid, or affect the authority of hearing aid dealers to 1,734
deal in hearing aids or advertise the practice of dealing in 1,735
hearing aids in accordance with Chapter 4747. of the Revised 1,736
Code. 1,737
(I) Restrict a physician from engaging in the practice of 1,739
medicine and surgery or osteopathic medicine and surgery or 1,740
prevent any individual from carrying out any properly delegated 1,741
responsibilities within the normal practice of medicine and 1,742
surgery or osteopathic medicine and surgery. 1,743
(J) Restrict a person registered or licensed under Chapter 1,745
4723. of the Revised Code from performing those acts and 1,746
utilizing those procedures that are within the scope of the 1,747
practice of professional or practical nursing as defined in 1,748
Chapter 4723. of the Revised Code and the ethics of the nursing 1,749
profession, provided such a person does not hold self out CLAIM 1,751
41
to the public as TO BE a speech-language pathologist or 1,752
audiologist.
(K) Restrict an individual licensed as an audiologist 1,754
under this chapter from fitting, selling, or dispensing hearing 1,755
aids. 1,756
(L) Authorize the practice of medicine and surgery or 1,758
entitle a person licensed pursuant to this chapter to engage in 1,759
the practice of medicine or surgery or any of its branches. 1,760
(M) Restrict a person licensed pursuant to Chapter 4755. 1,762
of the Revised Code from performing those acts and utilizing 1,763
those procedures that are within the scope of the practice of 1,764
occupational therapy or occupational therapy assistant as defined 1,765
in Chapter 4755. of the Revised Code, provided the person does 1,766
not hold oneself out CLAIM to the public as TO BE a 1,768
speech-language pathologist or audiologist.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 1,770
Section 2. That existing sections 109.572, 173.41, 1,772
3701.881, 3712.09, 3721.121, 3722.151, 4753.08, and 4753.12 of 1,773
the Revised Code are hereby repealed. 1,774
Section 3. Section 3319.223 of the Revised Code is hereby 1,776
repealed, effective January 1, 2002. 1,777
Section 4. The Legislative Office of Education Oversight 1,779
shall conduct a study of the shortage of speech-language 1,780
pathologists and audiologists available to treat students in 1,781
schools. The contents of the study and the methodology to be 1,782
used in conducting the study shall be determined by the Office.
The Office shall consult with the Department of Education, the 1,783
Ohio Board of Regents, and the Board of Speech-Language Pathology 1,784
and Audiology. Not later than December 31, 1998, the Office 1,785
shall submit to the Governor, Speaker of the House of 1,786
Representatives, and President of the Senate a report of its
findings and recommendations. 1,787
Section 5. The Ohio Board of Regents shall survey all 1,789
state universities listed in section 3345.011 of the Revised 1,792
42
Code, and all private colleges and universities issued a 1,793
certificate of authorization under Chapter 1713. of the Revised
Code, to (A) determine their current capacity to educate and 1,794
train speech-language pathologists and audiologists and (B) 1,795
develop strategies for increasing that capacity to meet the 1,797
state's need for school speech-language pathologists and
audiologists. Not later than December 31, 1998, the Board shall 1,799
submit to the Governor, the Speaker of the House of 1,800
Representatives, and the President of the Senate a report of its
findings and recommendations. 1,801
Section 6. The amendment of sections 4753.08 and 4753.12 1,803
of the Revised Code by this act is not intended to supersede the 1,804
earlier amendment of those sections by Am. Sub. S.B. 230 of the 1,805
121st General Assembly that takes effect January 1, 2002. 1,806
Section 7. Sections 109.572 and 3701.881 of the Revised 1,808
Code are presented in this act as composites of those sections as 1,810
amended by Am. Sub. H.B. 445, Am. Sub. H.B. 269, and Am. Sub. 1,811
S.B. 160 of the 121st General Assembly, with the new language of 1,812
none of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section 1,813
1.52 of the Revised Code that such amendments are to be 1,814
harmonized where not substantively irreconcilable and constitutes 1,815
a legislative finding that such is the resulting version in 1,816
effect prior to the effective date of this act. 1,817
Section 8. The amendments made by this act to sections 1,819
109.572, 173.41, 3701.881, 3712.09, 3721.121, and 3722.151 of the 1,820
Revised Code do not supersede Section 3 of Am. Sub. S.B. 160 of 1,821
the 121st General Assembly, which provides that those sections as 1,822
amended and enacted by Am. Sub. S.B. 160 apply only to persons 1,823
who apply for employment on or after January 27, 1997, the 1,824
effective date of Am. Sub. S.B. 160 of the 121st General 1,825
Assembly.
Section 9. This section applies only to school districts 1,827
that were unable to meet the requirements of sections 3313.48, 1,828
43
3313.481, and 3317.01 of the Revised Code respecting the number 1,829
of days schools must be open for instruction because of a fire in 1,830
the district that rendered one or more buildings unfit for use. 1,831
Notwithstanding sections 3317.01, 3313.48, and 3313.481 of the 1,832
Revised Code, a school district described in this section shall 1,833
be deemed to have complied with the requirements of those
sections if it increases the length of the school day by one hour 1,834
each day for the number of days equal to the number of days that 1,835
the district was closed in excess of the number permitted by 1,836
sections 3313.48, 3313.481, and 3317.01 of the Revised Code 1,837
multiplied by the number of hours required by the Department of
Education in the state minimum standards for the school day. 1,838
Section 10. This act is hereby declared to be an emergency 1,840
measure necessary for the immediate preservation of the public 1,842
peace, health, and safety. The first reason for such necessity 1,843
is that the current supply of licensed speech-language 1,844
pathologists and audiologists is inadequate to meet the needs of 1,845
the state's school children. The second reason is that certain 1,847
individuals are being denied employment in positions that involve 1,849
providing direct care to older adults because information from 1,850
the Federal Bureau of Investigation at times is not available 1,851
before the end of the 60-day period during which an individual 1,852
may be employed conditionally prior to obtaining the results of a 1,853
criminal records check. Therefore, this act shall go into 1,854
immediate effect.