As Passed by the House 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-CARNES- 9
OELSLAGER-DRAKE-LATTA-McLIN-SUHADOLNIK-WATTS-RAY- 10
REPRESENTATIVES THOMPSON-HODGES-LOGAN-CATES-PATTON-WACHTMANN- 11
MEAD-BRADING-CORE-CORBIN-REID-PERZ-GARCIA-VERICH-SULZER- 12
BOGGS-VESPER-LEWIS-GRENDELL-BRITTON-TERWILLEGER- 13
WILLIAMS-O'BRIEN-HARRIS-WOMER BENJAMIN-OPFER 14
16
A B I L L
To amend sections 109.572, 173.41, 3301.0711, 20
3701.881, 3712.09, 3721.121, 3722.151, 4753.08, 22
and 4753.12 and to enact sections 3319.223 and 23
3319.224 of the Revised Code to require studies 24
concerning the shortage of school speech-language 27
pathologists and audiologists, to permit the 28
State Board of Education to issue temporary 30
educator licenses in the specialty of school 31
speech-language pathology, to permit school 32
districts and educational service centers to 33
contract with speech-language pathologists and 35
audiologists who are licensed by the Board of 36
Speech-Language Pathology and Audiology, to 38
exempt certain handicapped students of nonpublic 39
schools from proficiency tests, to modify 40
provisions pertaining to the conditional 41
employment of individuals in positions that 42
involve providing direct care to older adults, to 44
eliminate issuance of the temporary educator 45
licenses in school speech-language pathology on 46
January 1, 2002, by repealing section 3319.223 of 47
the Revised Code on that date, and to declare an 49
2
emergency. 50
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 52
Section 1. That sections 109.572, 173.41, 3301.0711, 56
3701.881, 3712.09, 3721.121, 3722.151, 4753.08, and 4753.12 be 58
amended and sections 3319.223 and 3319.224 of the Revised Code be 59
enacted to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant 70
to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 71
5104.013, or 5153.111 of the Revised Code, a completed form 73
prescribed pursuant to division (C)(1) of this section, and a set 74
of fingerprint impressions obtained in the manner described in 75
division (C)(2) of this section, the superintendent of the bureau 76
of criminal identification and investigation shall conduct a 77
criminal records check in the manner described in division (B) of 78
this section to determine whether any information exists that 79
indicates that the person who is the subject of the request 80
previously has been convicted of or pleaded guilty to any of the 81
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 83
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 84
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 86
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 87
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 88
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 89
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 90
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised 91
Code, a violation of section 2905.04 of the Revised Code as it 92
existed prior to July 1, 1996, a violation of section 2919.23 of 93
the Revised Code that would have been a violation of section 95
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 96
violation of section 2925.11 of the Revised Code that is not a 97
3
minor drug possession offense; 98
(b) A violation of an existing or former law of this 100
state, any other state, or the United States that is 101
substantially equivalent to any of the offenses listed in 102
division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5126.28 of 105
the Revised Code with respect to an applicant for employment in 107
any position with a county board of mental retardation and 108
developmental disabilities or pursuant to section 5126.281 of the 109
Revised Code with respect to an applicant for employment in a 111
position with an entity contracting with a county board for 112
employment in a position that involves providing service directly 113
to individuals with mental retardation and developmental 114
disabilities, a completed form prescribed pursuant to division 115
(C)(1) of this section, and a set of fingerprint impressions 117
obtained in the manner described in division (C)(2) of this 118
section, the superintendent of the bureau of criminal 119
identification and investigation shall conduct a criminal records 121
check. The superintendent shall conduct the criminal records 122
check in the manner described in division (B) of this section to 123
determine whether any information exists that indicates that the 124
person who is the subject of the request has been convicted of or 126
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 129
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 130
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 131
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 132
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 133
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 134
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 135
or 3716.11 of the Revised Code; 136
(b) An existing or former law of this state, any other 139
state, or the United States that is substantially equivalent to 140
any of the offenses listed in division (A)(2)(a) of this section. 141
4
(3) On receipt of a request pursuant to section 173.41, 143
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 145
form prescribed pursuant to division (C)(1) of this section, and 146
a set of fingerprint impressions obtained in the manner described 147
in division (C)(2) of this section, the superintendent of the 149
bureau of criminal identification and investigation shall conduct 150
a criminal records check with respect to any person who has 151
applied for employment in a position that involves providing 152
direct care to an older adult. The superintendent shall conduct 153
the criminal records check in the manner described in division 154
(B) of this section to determine whether any information exists 156
that indicates that the person who is the subject of the request 157
previously has been convicted of or pleaded guilty to any of the 158
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 161
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 162
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, 163
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 165
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, 166
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 168
2925.22, 2925.23, or 3716.11 of the Revised Code; 169
(b) An existing or former law of this state, any other 172
state, or the United States that is substantially equivalent to 173
any of the offenses listed in division (A)(3)(a) of this section. 174
(4) On receipt of a request pursuant to section 3701.881 176
of the Revised Code with respect to an applicant for employment 178
with a home health agency as a person responsible for the care, 179
custody, or control of a child, a completed form prescribed 180
pursuant to division (C)(1) of this section, and a set of 181
fingerprint impressions obtained in the manner described in 182
division (C)(2) of this section, the superintendent of the bureau 183
of criminal identification and investigation shall conduct a 184
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criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 186
this section to determine whether any information exists that 187
indicates that the person who is the subject of the request 188
previously has been convicted of or pleaded guilty to any of the
following: 189
(a) A violation of section 2903.01, 2903.02, 2903.03, 191
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 192
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 193
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 194
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 195
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 196
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 197
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 199
violation of section 2925.11 of the Revised Code that is not a 200
minor drug possession offense; 201
(b) An existing or former law of this state, any other 203
state, or the United States that is substantially equivalent to 204
any of the offenses listed in division (A)(4)(a) of this section. 205
(5) On receipt of a request pursuant to section 3701.881 207
of the Revised Code with respect to an applicant for employment 208
with a home health agency in a position that involves providing 210
direct care to an older adult, a completed form prescribed 211
pursuant to division (C)(1) of this section, and a set of 212
fingerprint impressions obtained in the manner described in 213
division (C)(2) of this section, the superintendent of the bureau 214
of criminal identification and investigation shall conduct a 215
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 217
this section to determine whether any information exists that 218
indicates that the person who is the subject of the request 219
previously has been convicted of or pleaded guilty to any of the
following: 220
(a) A violation of section 2903.01, 2903.02, 2903.03, 223
6
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 224
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, 225
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 227
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, 228
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 230
2925.22, 2925.23, or 3716.11 of the Revised Code; 231
(b) An existing or former law of this state, any other 233
state, or the United States that is substantially equivalent to 234
any of the offenses listed in division (A)(5)(a) of this section. 235
(6) When conducting a criminal records check upon a 237
request pursuant to section 3319.39 of the Revised Code for an 238
applicant who is a teacher, the superintendent shall determine 239
whether any information exists that indicates that the person who 240
is the subject of the request previously has been convicted of or 241
pleaded guilty to any offense specified in section 3319.31 of the 242
Revised Code. 243
(7) Within NOT LATER THAN thirty days after the date the 245
superintendent receives the request, completed form, and 247
fingerprint impressions, the superintendent shall send the person 248
who made the request any information, other than information the 249
dissemination of which is prohibited by federal law, the 250
superintendent determines exists with respect to the person who 251
is the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to any offense 253
listed OR DESCRIBED in division (A)(1), (2), (3), (4), or (5) of 254
this section. The superintendent shall send the person who made 255
the request a copy of the list of offenses specified in division 257
(A)(1), (2), (3), (4), or (5) of this section. If the request 258
was made under section 3701.881 of the Revised Code with regard
to an applicant who may be both responsible for the care, 259
custody, or control of a child and involved in providing direct 260
care to an older adult, the superintendent shall provide a list 262
7
of THE offenses specified in divisions (A)(4) and (5) of this 263
section.
(B) The superintendent shall conduct any criminal records 265
check requested under section 173.41, 2151.86, 3301.32, 3301.541, 266
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 267
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code as 268
follows:
(1) The superintendent shall review or cause to be 270
reviewed any relevant information gathered and compiled by the 271
bureau under division (A) of section 109.57 of the Revised Code 272
that relates to the person who is the subject of the request, 273
including any relevant information contained in records that have 274
been sealed under section 2953.32 of the Revised Code; 275
(2) If the request received by the superintendent asks for 277
information from the federal bureau of investigation, the 279
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person 280
who is the subject of the request and shall review or cause to be 281
reviewed any information the superintendent receives from that 282
bureau.
(C)(1) The superintendent shall prescribe a form to obtain 284
the information necessary to conduct a criminal records check 285
from any person for whom a criminal records check is required by 286
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 287
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 288
5126.281, or 5153.111 of the Revised Code. 289
(2) The superintendent shall prescribe standard impression 291
sheets to obtain the fingerprint impressions of any person for 292
whom a criminal records check is required by section 173.41, 293
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 294
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of 295
the Revised Code. Any person for whom a records check is 296
required by any of those sections shall obtain the fingerprint 297
impressions at a county sheriff's office, municipal police 298
8
department, or any other entity with the ability to make 299
fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or 300
entity may charge the person a reasonable fee for making the 301
impressions. 302
(3) Subject to division (D) of this section, the 304
superintendent shall prescribe and charge a reasonable fee for 305
providing a criminal records check requested under section 306
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 307
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 308
5153.111 of the Revised Code. The person making a criminal 309
records request under section 178.41 173.41, 2151.86, 3301.32, 310
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 311
5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised 313
Code shall pay the fee prescribed pursuant to this division. A 314
person making a request under section 3701.881 of the Revised
Code for a criminal records check for an applicant who may be 315
both responsible for the care, custody, or control of a child and 316
involved in providing direct care to an older adult shall pay one 317
fee for the request.
(D) A determination whether any information exists that 319
indicates that a person previously has been convicted of or 320
pleaded guilty to any offense listed OR DESCRIBED in division 321
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) 322
or (b), or (A)(5)(a) or (b) of this section that is made by the 323
superintendent with respect to information considered in a 324
criminal records check in accordance with this section is valid 325
for the person who is the subject of the criminal records check 326
for a period of one year from the date upon which the 327
superintendent makes the determination. During the period in 328
which the determination in regard to a person is valid, if 329
another request under this section is made for a criminal records 330
check for that person, the superintendent shall provide the 331
information that is the basis for the superintendent's initial 332
9
determination at a lower fee than the fee prescribed for the 333
initial criminal records check.
(E) As used in this section: 335
(1) "Criminal records check" means any criminal records 337
check conducted by the superintendent of the bureau of criminal 339
identification and investigation in accordance with division (B) 340
of this section.
(2) "Minor drug possession offense" has the same meaning 342
as in section 2925.01 of the Revised Code. 343
(3) "Older adult" means a person age sixty or older. 345
Sec. 173.41. (A) As used in this section: 354
(1) "Applicant" means a person who is under final 356
consideration for employment with a PASSPORT agency in a 357
full-time, part-time, or temporary position that involves 359
providing direct care to an older adult. "Applicant" does not 361
include a person who provides direct care as a volunteer without 363
receiving or expecting to receive any form of remuneration other 364
than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the 366
same meanings as in section 109.572 of the Revised Code. 368
(3) "PASSPORT agency" means a public or private entity 370
that provides home and community-based services to older adults 371
through the PASSPORT program created under section 173.40 of the 373
Revised Code.
(B)(1) Except as provided in division (I) of this section, 376
the chief administrator of a PASSPORT agency shall request that 377
the superintendent of the bureau of criminal identification and 378
investigation conduct a criminal records check with respect to 379
each applicant. If the applicant does not present proof of 380
having been a resident of this state for the five-year period 381
immediately prior to the date the criminal records check is 382
requested or provide evidence that within that five-year period 383
the superintendent has requested information about the applicant 384
from the federal bureau of investigation in a criminal records 385
10
check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of 386
investigation as part of the criminal records check of the 387
applicant. Even if the applicant presents proof of having been a 389
resident of this state for the five-year period, the chief
administrator may request that the superintendent include 390
information from the federal bureau of investigation in the 391
criminal records check. 392
(2) A person required by division (B)(1) of this section 394
to request a criminal records check shall do both of the 395
following: 396
(a) Provide to each applicant a copy of the form 398
prescribed pursuant to division (C)(1) of section 109.572 of the 399
Revised Code and a standard fingerprint impression sheet 400
prescribed pursuant to division (C)(2) of that section, and 401
obtain the completed form and impression sheet from the 402
applicant;
(b) Forward the completed form and impression sheet to the 404
superintendent of the bureau of criminal identification and 405
investigation. 406
(3) An applicant provided the form and fingerprint 408
impression sheet under division (B)(2)(a) of this section who 409
fails to complete the form or provide fingerprint impressions 411
shall not be employed in any position for which a criminal 412
records check is required by this section. 413
(C)(1) Except as provided in rules adopted by the 415
department of aging in accordance with division (F) of this 416
section, no PASSPORT agency shall employ a person in a position 418
that involves providing direct care to an older adult if the 419
person has been convicted of or pleaded guilty to any of the 420
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 422
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 423
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 424
11
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 426
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 427
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 428
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 429
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 430
2925.22, 2925.23, or 3716.11 of the Revised Code. 431
(b) An existing or former law of this state, any other 433
state, or the United States that is substantially equivalent to 435
any of the offenses or violations described LISTED in division 436
(C)(1)(a) of this section.
(2) A PASSPORT agency may employ an applicant 438
conditionally prior to obtaining THE RESULTS OF a criminal 439
records check regarding the individual. The agency shall 440
initiate the process of obtaining REQUEST a criminal records 441
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 442
later than five business days after the individual begins 443
conditional employment. The agency shall terminate the 444
individual's employment if the results of the criminal records 445
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 446
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 448
period ending sixty days after the date the request is made. If 449
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 450
OBTAINED, IF the results indicate that the individual has been 454
convicted of or pleaded guilty to any of the offenses specified 455
LISTED OR DESCRIBED in division (C)(1) of this section, the 456
agency shall terminate the individual's employment unless the 458
agency chooses to employ the individual pursuant to division (F) 459
of this section. Termination of employment under this division 460
shall be considered just cause for discharge for purposes of 461
division (D)(2) of section 4141.29 of the Revised Code if the 463
individual lied MAKES ANY ATTEMPT to DECEIVE the agency about the 464
individual's criminal record.
(D)(1) Each PASSPORT agency shall pay to the bureau of 466
criminal identification and investigation the fee prescribed 467
12
pursuant to division (C)(3) of section 109.572 of the Revised 468
Code for each criminal records check conducted pursuant to this 469
section. 470
(2) A PASSPORT agency may charge an applicant a fee not 473
exceeding the amount the agency pays under division (D)(1) of 474
this section. An agency may collect a fee only if both of the 475
following apply:
(a) The agency notifies the person at the time of initial 477
application for employment of the amount of the fee and that, 479
unless the fee is paid, the person will not be considered for 480
employment;
(b) The medical assistance program established under 482
Chapter 5111. of the Revised Code does not reimburse the agency 485
the fee it pays under division (D)(1) of this section. 486
(E) The report of any criminal records check conducted 488
pursuant to a request made under this section is not a public 489
record for the purposes of section 149.43 of the Revised Code and 490
shall not be made available to any person other than the 491
following:
(1) The individual who is the subject of the criminal 493
records check or the individual's representative; 495
(2) The chief administrator of the agency requesting the 498
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 500
program that provides direct care to older adults that is owned 501
or operated by the same entity that owns or operates the PASSPORT 502
agency;
(4) A court, hearing officer, or other necessary 504
individual involved in a case dealing with a denial of employment 505
of the applicant.
(F) The department of aging shall adopt rules in 507
accordance with Chapter 119. of the Revised Code to implement 509
this section. The rules shall specify circumstances under which 511
a PASSPORT agency may hire EMPLOY a person who has been convicted 512
13
of or pleaded guilty to an offense listed OR DESCRIBED in 513
division (C)(1) of this section but meets personal character 514
standards set by the department. 515
(G) The chief administrator of a PASSPORT agency shall 518
inform each person, at the time of initial application for a 519
position that involves providing direct care to an older adult, 520
that the person is required to provide a set of fingerprint
impressions and that a criminal records check is required to be 521
conducted if the person comes under final consideration for 522
employment.
(H) In a tort or other civil action for damages that is 524
brought as the result of an injury, death, or loss to person or 525
property caused by an individual who a PASSPORT agency employs in 527
a position that involves providing direct care to older adults, 528
the following shall apply: 529
(1) If the agency employed the individual in good faith 531
and reasonable reliance on the report of a criminal records check 533
requested under this section, the agency shall not be found 534
negligent solely because of its reliance on the report, even if 535
the information in the report is determined later to have been 536
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 539
a conditional basis pursuant to division (C)(2) of this section, 540
the agency shall not be found negligent solely because it 541
employed the individual prior to receiving the report of a 542
criminal records check requested under this section; 543
(3) If the agency in good faith employed the individual 545
according to the personal character standards established in 547
rules adopted under division (F) of this section, the agency 549
shall not be found negligent solely because the individual prior 550
to being employed had been convicted of or pleaded guilty to an 551
offense listed OR DESCRIBED in division (C)(1) of this section. 552
(I) The chief administrator is not required to request 555
that the superintendent of the bureau of criminal identification 556
14
and investigation conduct a criminal records check of an 557
applicant if the applicant has been referred to the PASSPORT 558
agency by an employment service that supplies full-time, 559
part-time, or temporary staff for positions involving the direct 560
care of older adults and both of the following apply: 561
(1) The chief administrator receives from the employment 563
service or the applicant a report of the results of a criminal 564
records check regarding the applicant that has been conducted by 565
the superintendent within the one-year period immediately 566
preceding the applicant's referral; 567
(2) The report of the criminal records check demonstrates 569
that the person has not been convicted of or pleaded guilty to an 571
offense listed OR DESCRIBED in division (C)(1) of this section.
Sec. 3301.0711. (A) The department of education shall: 580
(1) Annually furnish, grade, and score all tests required 582
by section 3301.0710 of the Revised Code to city, local, and 583
exempted village school districts; 584
(2) Adopt rules for the ethical use of tests and 586
prescribing the manner in which the tests prescribed by section 587
3301.0710 of the Revised Code shall be administered to students. 588
(B) Except as provided in divisions (C) and (J)(2) of this 590
section, the board of education of each city, local, and exempted 591
village school district shall, in accordance with rules adopted 592
under division (A) of this section: 593
(1) Administer the tests prescribed under division (A)(1) 595
of section 3301.0710 of the Revised Code at least once annually 596
to all students in the fourth grade. 597
(2) Administer any tests prescribed under division (A)(2) 599
of section 3301.0710 of the Revised Code at least once annually 600
to all students in the grade designated under that division. 601
(3) Administer any tests prescribed under division (A)(3) 603
of section 3301.0710 of the Revised Code at least once annually 604
to any student in the twelfth grade who, on all the tests 605
prescribed under division (B) of that section, has attained the 606
15
applicable scores designated under such division prior to the 607
first day of January of that year. 608
(4) Administer any test prescribed under division (B) of 610
section 3301.0710 of the Revised Code at least twice annually to: 611
(a) All students in ninth, tenth, eleventh, or twelfth 613
grade who have not yet attained the score on that test designated 614
under that division; 615
(b) Any person who has successfully completed the 617
curriculum in any high school or the individualized education 618
program developed for the person by any high school pursuant to 619
section 3323.08 of the Revised Code but has not received a high 620
school diploma and who requests to take such test, at any time 621
such test is administered in the district. 622
(C)(1) Any student receiving special education SERVICES 624
under Chapter 3323. of the Revised Code shall be excused from 625
taking any particular test required to be administered under this 626
section if the individualized education program developed for the 627
student pursuant to section 3323.08 of the Revised Code excuses 628
the student from taking that test. In the case of any student so 629
excused from taking a test, the school district board of 630
education shall not prohibit him THE STUDENT from taking the 631
test. ANY STUDENT ENROLLED IN A CHARTERED NONPUBLIC SCHOOL WHO 633
HAS BEEN IDENTIFIED, BASED ON AN EVALUATION CONDUCTED IN 634
ACCORDANCE WITH SECTION 3323.03 OF THE REVISED CODE OR SECTION 637
504 OF THE "REHABILITATION ACT OF 1973," 87 STAT. 355, 29 641
U.S.C.A. 794, AS AMENDED, AS A CHILD WITH A DISABILITY SHALL BE 642
EXCUSED FROM TAKING ANY PARTICULAR TEST REQUIRED TO BE 643
ADMINISTERED UNDER THIS SECTION IF A PLAN DEVELOPED FOR THE 644
STUDENT PURSUANT TO RULES ADOPTED BY THE STATE BOARD EXCUSES THE 645
STUDENT FROM TAKING THAT TEST. IN THE CASE OF ANY STUDENT SO 646
EXCUSED FROM TAKING A TEST, THE CHARTERED NONPUBLIC SCHOOL SHALL 647
NOT PROHIBIT THE STUDENT FROM TAKING THE TEST. 648
(2) A district board may, for medical reasons or other 650
good cause, excuse a student from taking a test administered 651
16
under this section on the date scheduled, but any such test shall 652
be administered to such excused student not later than fifteen 653
days following the scheduled date. The board shall annually 654
report the number of students who have not taken one or more of 655
the tests required by this section to the state board of 656
education not later than the thirty-first day of May. 657
(D) In the school year next succeeding the school year in 659
which the tests prescribed by division (A)(1) of section 660
3301.0710 of the Revised Code are administered to any student, 661
the board of education of any school district in which the 662
student is enrolled in that year shall provide intervention 663
services to the student in any skill in which the student failed 664
on those tests to demonstrate at least fourth-grade levels of 665
literacy and basic competency. This division does not apply to 666
any student receiving services pursuant to an individualized 667
education program developed for the student pursuant to section 668
3323.08 of the Revised Code. 669
(E) No school district board of education shall permit any 671
student to be denied promotion to a higher grade level solely 672
because of the student's failure to attain a specified score on 673
any test administered under this section. 674
(F) No person shall be charged a fee for taking any test 676
administered under this section. 677
(G) Not later than sixty days after any administration of 679
any test prescribed by section 3301.0710 of the Revised Code, the 680
department shall send to each school district board a list of the 681
individual test scores of all persons taking the test. 682
(H) Individual test scores on any tests administered under 684
this section shall be released by a district board only in 685
accordance with section 3319.321 of the Revised Code and the 686
rules adopted under division (A) of this section. No district 687
board or its employees shall utilize individual or aggregate test 688
results in any manner that conflicts with rules for the ethical 689
use of tests adopted pursuant to division (A) of this section. 690
17
(I) Except as provided in division (G) of this section, 692
the department shall not release any individual test scores on 693
any test administered under this section and shall adopt rules to 694
ensure the protection of student confidentiality at all times. 695
(J) Notwithstanding division (D) of section 3311.19 and 697
division (D) of section 3311.52 of the Revised Code, this section 698
does not apply to the board of education of any joint vocational 699
or cooperative education school district except as provided under 700
rules adopted pursuant to this division. 701
(1) In accordance with rules that the state board of 703
education shall adopt, the board of education of any city, 704
exempted village, or local school district with territory in a 705
joint vocational school district or a cooperative education 706
school district established pursuant to divisions (A) to (C) of 707
section 3311.52 of the Revised Code may enter into an agreement 708
with the board of education of the joint vocational or 709
cooperative education school district for administering any test 710
prescribed under this section to students of the city, exempted 711
village, or local school district who are attending school in the 712
joint vocational or cooperative education school district. 713
(2) In accordance with rules that the state board of 715
education shall adopt, the board of education of any city, 716
exempted village, or local school district with territory in a 717
cooperative education school district established pursuant to 718
section 3311.521 of the Revised Code shall enter into an 719
agreement with the cooperative district that provides for the 720
administration of any test prescribed under this section to both 721
of the following: 722
(a) Students who are attending school in the cooperative 724
district and who, if the cooperative district were not 725
established, would be entitled to attend school in the city, 726
local, or exempted village school district pursuant to section 727
3313.64 or 3313.65 of the Revised Code; 728
(b) Persons described in division (B)(4)(b) of this 730
18
section. 731
Any testing of students pursuant to such an agreement shall 733
be in lieu of any testing of such students or persons pursuant to 734
this section. 735
(K)(1) Any chartered nonpublic school may participate in 737
the testing program by administering any of the tests prescribed 738
by section 3301.0710 of the Revised Code if the chief 739
administrator of the school specifies which tests the school 740
wishes to administer. Such specification shall be made in 741
writing to the superintendent of public instruction prior to the 742
first day of August of any school year in which tests are 743
administered and shall include a pledge that the nonpublic school 744
will administer the specified tests in the same manner as public 745
schools are required to do under this section and rules adopted 746
by the department. 747
(2) The department of education shall furnish the tests 749
prescribed by section 3301.0710 of the Revised Code to any 750
chartered nonpublic school electing to participate under this 751
division. 752
(L)(1) Except as provided in division (L)(3) of this 754
section, the superintendent of the state school for the blind and 755
the superintendent of the state school for the deaf shall 756
administer the tests described by section 3301.0710 of the 757
Revised Code. Each superintendent shall administer the tests in 758
the same manner as district boards are required to do under this 759
section and rules adopted by the department of education. 760
(2) The department of education shall furnish the tests 762
described by section 3301.0710 of the Revised Code to each 763
superintendent. 764
(3) Any student enrolled in the state school for the blind 766
or the state school for the deaf shall be excused from taking any 767
particular test required to be administered under division (L)(1) 768
of this section if the individualized education program developed 769
for the student pursuant to section 3323.08 of the Revised Code 770
19
excuses the student from taking that test. In the case of any 771
student so excused from taking a test, the superintendent of the 772
school shall not prohibit the student from taking the test. 773
(M) Notwithstanding division (B)(4) of this section and 775
division (C)(3) of section 3301.0710 of the Revised Code, upon 776
request of a district board of education, the department of 777
education shall provide for the district to administer the tests 778
prescribed under division (B) of section 3301.0710 of the Revised 779
Code to students in the eighth grade on a specified date during 780
the month of March. In such a district, tests shall be 781
administered either once or twice during the ninth grade year to 782
students who did not attain the designated scores on such tests 783
in the eighth grade. Such ninth grade test administration shall 784
be prior to the thirty-first day of December or subsequent to 785
that date but prior to the thirty-first day of March or during 787
both such time periods. The district board of education shall 788
determine whether to administer such tests once or twice during 789
the ninth grade year and during which time period to administer
the tests if they are only administered once during such year. 790
Sec. 3319.223. (A) ON REQUEST OF THE SUPERINTENDENT OF A 792
SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER, THE STATE BOARD OF 793
EDUCATION MAY ISSUE A TEMPORARY LICENSE TO AN INDIVIDUAL AS AN 795
EDUCATOR IN THE SPECIALTY OF SCHOOL SPEECH-LANGUAGE PATHOLOGY. 796
TO QUALIFY FOR A TEMPORARY LICENSE ISSUED UNDER THIS 798
SECTION, AN INDIVIDUAL MUST HAVE AT LEAST A BACHELOR'S DEGREE IN 799
SPEECH AND HEARING. THE BOARD SHALL EVALUATE EACH APPLICATION 800
RECEIVED AND ISSUE A TEMPORARY LICENSE TO EACH APPLICANT WHO 802
MEETS THE QUALIFICATIONS FOR LICENSURE.
(B) A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID 805
ONLY FOR TEACHING IN THE DISTRICT REPRESENTED BY THE
SUPERINTENDENT WHO REQUESTED ISSUANCE OF THE LICENSE OR, IF IT 806
WAS REQUESTED BY AN EDUCATIONAL SERVICE CENTER SUPERINTENDENT, 807
FOR TEACHING AS AN EMPLOYEE OF THE SERVICE CENTER. A TEMPORARY 808
LICENSE EXPIRES ONE YEAR AFTER THE DATE IT IS ISSUED. A 809
20
TEMPORARY LICENSE MAY BE RENEWED, BUT ONLY IF THE DISTRICT OR 810
SERVICE CENTER SUPERINTENDENT PRESENTS EVIDENCE SATISFACTORY TO 811
THE BOARD OF ONE OF THE FOLLOWING: 812
(1) THAT THE HOLDER IS ENROLLED IN A MASTER'S DEGREE 814
PROGRAM LEADING TO LICENSURE BY THE BOARD OF SPEECH-LANGUAGE 815
PATHOLOGY AND AUDIOLOGY UNDER CHAPTER 4753. OF THE REVISED CODE; 816
(2) THAT THE HOLDER HAS APPLIED WITHIN THE PAST YEAR TO A 818
MASTER'S DEGREE PROGRAM IN THIS STATE LEADING TO LICENSURE BY THE 819
BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY AND IS QUALIFIED 820
TO BE UNCONDITIONALLY ENROLLED IN THAT PROGRAM, BUT WAS DENIED 821
ENROLLMENT.
Sec. 3319.224. NOTWITHSTANDING SECTION 3319.30 OF THE 824
REVISED CODE, A SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER MAY 825
CONTRACT WITH A PROVIDER LICENSED UNDER CHAPTER 4753. OF THE 827
REVISED CODE FOR SPEECH AND LANGUAGE SERVICES OR FOR AUDIOLOGY 828
SERVICES. THE CONTRACTED SERVICES SHALL BE RETAINED ONLY AFTER 829
THE DISTRICT OR SERVICE CENTER HAS DEMONSTRATED TO THE DEPARTMENT 830
OF EDUCATION THAT ATTEMPTS TO OBTAIN THE SERVICES OF A SPEECH AND 831
LANGUAGE OR AUDIOLOGY PROVIDER LICENSED UNDER THIS CHAPTER HAVE 832
BEEN UNSUCCESSFUL.
Sec. 3701.881. (A) As used in this section: 844
(1) "Applicant" means both of the following: 846
(a) A person who is under final consideration for 848
appointment or employment with a home health agency in a position 849
as a person responsible for the care, custody, or control of a 850
child;
(b) A person who is under final consideration for 853
employment with a home health agency in a full-time, part-time, 854
or temporary position THAT INVOLVES providing direct care to an 855
older adult. With regard to persons providing direct care to
older adults, "applicant" does not include a person who provides 856
direct care to an older adult as a volunteer without receiving or 857
expecting to receive a ANY form of remuneration other than 859
reimbursement for actual expenses.
21
(2) "Criminal records check" and "older adult" have the 861
same meanings as in section 109.572 of the Revised Code. 862
(3) "Home health agency" has the same meaning as in 864
section 3701.88 of the Revised Code. 865
(4) "Minor drug possession offense" has the same meaning 867
as in section 2925.01 of the Revised Code. 868
(B)(1) Except as provided in division (I) of this section, 871
the chief administrator of a home health agency shall request the 872
superintendent of the bureau of criminal identification and 873
investigation to conduct a criminal records check with respect to 874
each applicant. If the position may involve both responsibility 876
for the care, custody, or control of a child and provision of 877
direct care to an older adult, the chief administrator shall 878
request that the superintendent conduct a single criminal records 879
check for the applicant. If the applicant does not present proof 881
of having been a resident of this state for the five-year period 883
immediately prior to the date upon which the criminal records 884
check is requested or does not provide evidence that within that 885
five-year period the superintendent has requested information 886
about the applicant from the federal bureau of investigation in a 887
criminal records check, the chief administrator shall request 888
that the superintendent obtain information from the federal 889
bureau of investigation as a part of the criminal records check 890
for the applicant. If the applicant presents proof that the 891
applicant has been a resident of this state for that five-year 892
period, the chief administrator may request that the 893
superintendent include information from the federal bureau of 894
investigation in the criminal records check.
(2) Any person required by division (B)(1) of this section 896
to request a criminal records check shall provide to each 897
applicant a copy of the form prescribed pursuant to division 898
(C)(1) of section 109.572 of the Revised Code, provide to each 899
applicant a standard impression sheet to obtain fingerprint 900
impressions prescribed pursuant to division (C)(2) of section 901
22
109.572 of the Revised Code, obtain the completed form and 902
impression sheet from each applicant, and forward the completed 903
form and impression sheet to the superintendent of the bureau of 904
criminal identification and investigation at the time the chief 905
administrator requests a criminal records check pursuant to 906
division (B)(1) of this section. 907
(3) An applicant who receives pursuant to division (B)(2) 909
of this section a copy of the form prescribed pursuant to 910
division (C)(1) of section 109.572 of the Revised Code and a copy 911
of an impression sheet prescribed pursuant to division (C)(2) of 912
that section and who is requested to complete the form and 913
provide a set of fingerprint impressions shall complete the form 914
or provide all the information necessary to complete the form and 915
shall provide the impression sheets with the impressions of the 916
applicant's fingerprints. If an applicant, upon request, fails 918
to provide the information necessary to complete the form or 919
fails to provide fingerprint impressions the applicant's, the 920
home health agency shall not employ that applicant for any 923
position for which a criminal records check is required by 924
division (B)(1) of this section.
(C)(1) Except as provided in rules adopted by the 926
department of health in accordance with division (F) of this 928
section, no home health agency shall employ a person as a person 929
responsible for the care, custody, or control of a child if the 930
person previously has been convicted of or pleaded guilty to any 931
of the following: 932
(a) A violation of section 2903.01, 2903.02, 2903.03, 934
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 935
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 937
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 938
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 939
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 940
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 941
2925.06, or 3716.11 of the Revised Code, a violation of section 942
23
2905.04 of the Revised Code as it existed prior to July 1, 1996, 943
a violation of section 2919.23 of the Revised Code that would 944
have been a violation of section 2905.04 of the Revised Code as 945
it existed prior to July 1, 1996, had the violation been
committed prior to that date,, a violation of section 2925.11 of 946
the Revised Code that is not a minor drug possession offense, or 947
felonious sexual penetration in violation of former section 948
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 950
state, any other state, or the United States that is 951
substantially equivalent to any of the offenses or violations 952
described LISTED in division (C)(1)(a) of this section. 953
(2) Except as provided in rules adopted by the department 955
of health in accordance with division (F) of this section, no 957
home health agency shall employ a person in a position that 958
involves providing direct care to an older adult if the person 959
previously has been convicted of or pleaded guilty to any of the 960
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 963
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 964
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, 966
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 968
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, 969
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 971
2925.22, 2925.23, or 3716.11 of the Revised Code. 972
(b) An existing or former law of this state, any other 975
state, or the United States that is substantially equivalent to 976
any of the offenses or violations described LISTED in division 977
(C)(2)(a) of this section.
(3)(a) A home health agency may employ an applicant 979
conditionally as a person responsible for the care, custody, or 980
control of a child until the criminal records check required by 981
24
this section is completed and the agency receives the results of 982
the criminal records check. If the results of the criminal 983
records check indicate that, pursuant to division (C)(1) of this 984
section, the applicant does not qualify for employment, the 986
agency shall release the applicant from employment. 987
(b) A home health agency may employ an applicant 989
conditionally in a position THAT INVOLVES providing direct care 990
to an older adult prior to obtaining THE RESULTS OF a criminal 991
records check regarding the individual. The agency shall 992
initiate the process of obtaining REQUEST a criminal records 993
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 994
later than five business days after the individual begins 995
conditional employment. The agency shall terminate the 996
individual's employment if the results of the criminal records 997
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 998
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 1,004
convicted of or pleaded guilty to any of the offenses specified 1,006
LISTED OR DESCRIBED in division (C)(2) of this section, the 1,007
agency shall terminate the individual's employment unless the 1,009
agency chooses to employ the individual pursuant to division (F) 1,011
of this section. Termination of employment under this division 1,012
shall be considered just cause for discharge for purposes of 1,013
division (D)(2) of section 4141.29 of the Revised Code if the 1,014
individual lied MAKES ANY ATTEMPT to DECEIVE the agency about the 1,015
individual's criminal record. 1,016
(D)(1) Each home health agency shall pay to the bureau of 1,018
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 in accordance with 1,021
that section upon the request pursuant to division (B)(1) of this 1,023
section of the chief administrator of the home health agency.
25
(2) A home health agency may charge an applicant a fee for 1,025
the costs it incurs in obtaining a criminal records check under 1,026
this section, unless the medical assistance program established 1,028
under Chapter 5111. of the Revised Code reimburses the agency for 1,031
the costs. A fee charged under division (D)(2) of this section 1,033
shall not exceed the amount of fees the agency pays under 1,034
division (D)(1) of this section. If a fee is charged under 1,036
division (D)(2) of this section, the agency shall notify the 1,038
applicant at the time of the applicant's initial application for 1,039
employment of the amount of the fee and that, unless the fee is 1,042
paid, the agency will not consider the applicant for employment.
(E) The report of any criminal records check conducted by 1,044
the bureau of criminal identification and investigation in 1,045
accordance with section 109.572 of the Revised Code and pursuant 1,046
to a request made under division (B)(1) of this section is not a 1,048
public record for the purposes of section 149.43 of the Revised 1,049
Code and shall not be made available to any person other than the 1,050
following: 1,051
(1) The individual who is the subject of the criminal 1,053
records check or the individual's representative; 1,055
(2) The home health agency requesting the criminal records 1,058
check or its representative;
(3) The administrator of any other facility, agency, or 1,060
program that provides direct care to older adults that is owned 1,061
or operated by the same entity that owns or operates the home 1,062
health agency;
(4) Any court, hearing officer, or other necessary 1,064
individual involved in a case dealing with the denial of 1,065
employment of the applicant. 1,066
(F) The department of health shall adopt rules in 1,068
accordance with Chapter 119. of the Revised Code to implement 1,069
this section. The rules shall specify circumstances under which 1,071
the home health agency may hire EMPLOY a person who has been 1,072
convicted of OR PLEADED GUILTY TO an offense listed OR DESCRIBED 1,073
26
in division (C)(1) of this section but who meets standards in 1,075
regard to rehabilitation set by the department or hire EMPLOY a 1,076
person who has been convicted of OR PLEADED GUILTY TO an offense 1,078
listed OR DESCRIBED in division (C)(2) of this section but meets 1,079
personal character standards set by the department.
(G) Any person required by division (B)(1) of this section 1,081
to request a criminal records check shall inform each person, at 1,082
the time of initial application for employment that the person is 1,084
required to provide a set of fingerprint impressions and that a 1,086
criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of 1,087
the Revised Code if the person comes under final consideration 1,088
for appointment or employment as a precondition to employment for 1,089
that position. 1,090
(H) In a tort or other civil action for damages that is 1,092
brought as the result of an injury, death, or loss to person or 1,093
property caused by an individual who a home health agency employs 1,095
in a position that involves providing direct care to older 1,096
adults, the following shall apply: 1,097
(1) If the agency employed the individual in good faith 1,099
and reasonable reliance on the report of a criminal records check 1,101
requested under this section, the agency shall not be found 1,102
negligent solely because of its reliance on the report, even if 1,103
the information in the report is determined later to have been 1,104
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 1,107
a conditional basis pursuant to division (C)(2)(b) of this 1,108
section, the agency shall not be found negligent solely because 1,109
it employed the individual prior to receiving the report of a 1,110
criminal records check requested under this section; 1,111
(3) If the agency in good faith employed the individual 1,113
according to the personal character standards established in 1,115
rules adopted under division (F) of this section, the agency 1,117
shall not be found negligent solely because the individual prior 1,118
27
to being employed had been convicted of or pleaded guilty to an 1,119
offense listed OR DESCRIBED in division (C)(1) of this section. 1,120
(I) The chief administrator is not required to request 1,123
that the superintendent of the bureau of criminal identification 1,124
and investigation conduct a criminal records check of an 1,125
applicant if the applicant has been referred to the home health 1,126
agency by an employment service that supplies full-time, 1,127
part-time, or temporary staff for positions involving the direct 1,128
care of older adults and both of the following apply: 1,129
(1) The chief administrator receives from the employment 1,131
service or the applicant a report of the results of a criminal 1,132
records check regarding the applicant that has been conducted by 1,133
the superintendent within the one-year period immediately 1,134
preceding the applicant's referral; 1,135
(2) The report of the criminal records check demonstrates 1,137
that the person has not been convicted of or pleaded guilty to an 1,139
offense listed OR DESCRIBED in division (C)(2) of this section.
Sec. 3712.09. (A) As used in this section: 1,148
(1) "Applicant" means a person who is under final 1,150
consideration for employment with a hospice care program in a 1,151
full-time, part-time, or temporary position that involves 1,153
providing direct care to an older adult. "Applicant" does not 1,154
include a person who provides direct care as a volunteer without 1,155
receiving or expecting to receive any form of remuneration other
than reimbursement for actual expenses. 1,156
(2) "Criminal records check" and "older adult" have the 1,158
same meanings as in section 109.572 of the Revised Code. 1,160
(B)(1) Except as provided in division (I) of this section, 1,162
the chief administrator of a hospice care program shall request 1,164
that the superintendent of the bureau of criminal identification 1,165
and investigation conduct a criminal records check with respect 1,166
to each applicant. If the applicant does not present proof of 1,167
having been a resident of this state for the five-year period 1,168
immediately prior to the date the criminal records check is 1,169
28
requested or provide evidence that within that five-year period 1,170
the superintendent has requested information about the applicant 1,171
from the federal bureau of investigation in a criminal records 1,172
check, the chief administrator shall request that the 1,173
superintendent obtain information from the federal bureau of 1,174
investigation as part of the criminal records check of the 1,175
applicant. Even if the applicant presents proof of having been a 1,176
resident of this state for the five-year period, the chief
administrator may request that the superintendent include 1,177
information from the federal bureau of investigation in the 1,178
criminal records check. 1,179
(2) A person required by division (B)(1) of this section 1,182
to request a criminal records check shall do both of the
following: 1,183
(a) Provide to each applicant a copy of the form 1,185
prescribed pursuant to division (C)(1) of section 109.572 of the 1,187
Revised Code and a standard fingerprint impression sheet 1,188
prescribed pursuant to division (C)(2) of that section, and 1,189
obtain the completed form and impression sheet from the 1,190
applicant;
(b) Forward the completed form and impression sheet to the 1,193
superintendent of the bureau of criminal identification and 1,194
investigation.
(3) An applicant provided the form and fingerprint 1,196
impression sheet under division (B)(2)(a) of this section who 1,197
fails to complete the form or provide fingerprint impressions 1,199
shall not be employed in any position for which a criminal 1,200
records check is required by this section. 1,201
(C)(1) Except as provided in rules adopted by the public 1,204
health council in accordance with division (F) of this section, 1,205
no hospice care program shall employ a person in a position that 1,207
involves providing direct care to an older adult if the person 1,208
has been convicted of or pleaded guilty to any of the following: 1,209
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,212
29
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,213
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, 1,215
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,217
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, 1,218
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,221
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,222
(b) An existing or former law of this state, any other 1,225
state, or the United States that is substantially equivalent to 1,226
any of the offenses or violations described LISTED in division 1,227
(C)(1)(a) of this section.
(2) A hospice care program may employ an applicant 1,229
conditionally prior to obtaining THE RESULTS OF a criminal 1,231
records check regarding the individual. The program shall 1,232
initiate the process of obtaining REQUEST a criminal records 1,233
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 1,234
later than five business days after the individual begins 1,235
conditional employment. The program shall terminate the 1,236
individual's employment if the results of the criminal records 1,237
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 1,238
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 1,240
period ending sixty days after the date the request is made. If 1,241
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 1,242
OBTAINED, IF the results indicate that the individual has been 1,244
convicted of or pleaded guilty to any of the offenses specified 1,245
LISTED OR DESCRIBED in division (C)(1) of this section, the 1,246
program shall terminate the individual's employment unless the 1,248
program chooses to employ the individual pursuant to division (F) 1,249
of this section. Termination of employment under this division 1,250
shall be considered just cause for discharge for purposes of 1,251
division (D)(2) of section 4141.29 of the Revised Code if the 1,254
individual lied MAKES ANY ATTEMPT to DECEIVE the program about 1,255
the individual's criminal record. 1,256
30
(D)(1) Each hospice care program shall pay to the bureau 1,259
of criminal identification and investigation the fee prescribed 1,260
pursuant to division (C)(3) of section 109.572 of the Revised 1,261
Code for each criminal records check conducted pursuant to this 1,262
section.
(2) A hospice care program may charge an applicant a fee 1,264
not exceeding the amount the program pays under division (D)(1) 1,266
of this section. A program may collect a fee only if both of the 1,267
following apply:
(a) The program notifies the person at the time of initial 1,269
application for employment of the amount of the fee and that, 1,272
unless the fee is paid, the person will not be considered for 1,273
employment;
(b) The medical assistance program established under 1,275
Chapter 5111. of the Revised Code does not reimburse the program 1,278
the fee it pays under division (D)(1) of this section. 1,279
(E) The report of a criminal records check conducted 1,282
pursuant to a request made under this section is not a public 1,283
record for the purposes of section 149.43 of the Revised Code and 1,284
shall not be made available to any person other than the 1,285
following:
(1) The individual who is the subject of the criminal 1,288
records check or the individual's representative;
(2) The chief administrator of the program requesting the 1,291
criminal records check or the administrator's representative; 1,292
(3) The administrator of any other facility, agency, or 1,294
program that provides direct care to older adults that is owned 1,295
or operated by the same entity that owns or operates the hospice 1,296
care program;
(4) A court, hearing officer, or other necessary 1,300
individual involved in a case dealing with a denial of employment 1,301
of the applicant.
(F) The public health council shall adopt rules in 1,304
accordance with Chapter 119. of the Revised Code to implement 1,305
31
this section. The rules shall specify circumstances under which 1,306
a hospice care program may hire EMPLOY a person who has been 1,307
convicted of or pleaded guilty to an offense listed OR DESCRIBED 1,309
in division (C)(1) of this section but meets personal character 1,310
standards set by the council.
(G) The chief administrator of a hospice care program 1,313
shall inform each individual, at the time of initial application 1,314
for a position that involves providing direct care to an older 1,315
adult, that the individual is required to provide a set 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. 1,318
(H) In a tort or other civil action for damages that is 1,320
brought as the result of an injury, death, or loss to person or 1,321
property caused by an individual who a hospice care program 1,323
employs in a position that involves providing direct care to 1,324
older adults, the following shall apply: 1,325
(1) If the program employed the individual in good faith 1,327
and reasonable reliance on the report of a criminal records check 1,329
requested under this section, the program shall not be found 1,330
negligent solely because of its reliance on the report, even if 1,331
the information in the report is determined later to have been 1,332
incomplete or inaccurate;
(2) If the program employed the individual in good faith 1,334
on a conditional basis pursuant to division (C)(2) of this 1,336
section, the program shall not be found negligent solely because 1,337
it employed the individual prior to receiving the report of a 1,338
criminal records check requested under this section; 1,339
(3) If the program in good faith employed the individual 1,341
according to the personal character standards established in 1,343
rules adopted under division (F) of this section, the program 1,345
shall not be found negligent solely because the individual prior 1,346
to being employed had been convicted of or pleaded guilty to an 1,347
offense listed OR DESCRIBED in division (C)(1) of this section. 1,348
32
(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 hospice care 1,354
program by an employment service that supplies full-time, 1,355
part-time, or temporary staff for positions involving the direct 1,356
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. 1,368
Sec. 3721.121. (A) As used in this section: 1,377
(1) "Adult day-care program" means a program operated 1,379
pursuant to rules adopted by the public health council under 1,380
section 3721.04 of the Revised Code and provided by and on the 1,382
same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final 1,384
consideration for employment with a home or adult day-care 1,385
program in a full-time, part-time, or temporary position that 1,386
involves providing direct care to an older adult. "Applicant" 1,389
does not include a person who provides direct care as a volunteer 1,391
without receiving or expecting to receive any form of
remuneration other than reimbursement for actual expenses. 1,392
(3) "Criminal records check" and "older adult" have the 1,394
same meanings as in section 109.572 of the Revised Code. 1,395
(4) "Home" means a home as defined in section 3721.10 of 1,397
the Revised Code. 1,398
(B)(1) Except as provided in division (I) of this section, 1,401
the chief administrator of a home or adult day-care program shall 1,402
request that the superintendent of the bureau of criminal 1,403
33
identification and investigation conduct a criminal records check 1,404
with respect to each applicant. If the applicant does not 1,405
present proof of having been a resident of this state for the 1,406
five-year period immediately prior to the date the criminal 1,407
records check is requested or provide evidence that within that 1,408
five-year period the superintendent has requested information 1,409
about the applicant from the federal bureau of investigation in a 1,410
criminal records check, the chief administrator shall request
that the superintendent obtain information from the federal 1,411
bureau of investigation as part of the criminal records check of 1,412
the applicant. Even if the applicant presents proof of having 1,413
been a resident of this state for the five-year period, the chief 1,414
administrator may request that the superintendent include 1,415
information from the federal bureau of investigation in the 1,416
criminal records check. 1,417
(2) A person required by division (B)(1) of this section 1,420
to request a criminal records check shall do both of the
following: 1,421
(a) Provide to each applicant a copy of the form 1,423
prescribed pursuant to division (C)(1) of section 109.572 of the 1,425
Revised Code and a standard fingerprint impression sheet 1,426
prescribed pursuant to division (C)(2) of that section, and 1,427
obtain the completed form and impression sheet from the 1,428
applicant;
(b) Forward the completed form and impression sheet to the 1,431
superintendent of the bureau of criminal identification and 1,432
investigation.
(3) An applicant provided the form and fingerprint 1,434
impression sheet under division (B)(2)(a) of this section who 1,435
fails to complete the form or provide fingerprint impressions 1,437
shall not be employed in any position for which a criminal 1,438
records check is required by this section. 1,439
(C)(1) Except as provided in rules adopted by the director 1,442
of health in accordance with division (F) of this section, no 1,443
34
home or adult day-care program shall employ a person in a 1,444
position that involves providing direct care to an older adult if 1,446
the person has been convicted of or pleaded guilty to any of the 1,447
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,450
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,451
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, 1,453
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,455
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, 1,456
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,458
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,459
(b) An existing or former law of this state, any other 1,462
state, or the United States that is substantially equivalent to 1,463
any of the offenses or violations described LISTED in division 1,464
(C)(1)(a) of this section.
(2) A home or an adult day-care program may employ an 1,466
applicant conditionally prior to obtaining THE RESULTS OF a 1,468
criminal records check regarding the individual. The home or 1,469
program shall initiate the process of obtaining REQUEST a 1,470
criminal records check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS 1,471
SECTION not later than five business days after the individual 1,472
begins conditional employment. The home or program shall 1,473
terminate the individual's employment if the results of the 1,474
criminal records check, OTHER THAN THE RESULTS OF ANY REQUEST FOR 1,475
INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION, are not 1,478
obtained within the period ending sixty days after the date the
request is made. If REGARDLESS OF WHEN THE RESULTS OF THE 1,479
CRIMINAL RECORDS CHECK ARE OBTAINED, IF the results indicate that 1,481
the individual has been convicted of or pleaded guilty to any of 1,482
the offenses specified LISTED OR DESCRIBED in division (C)(1) of 1,484
this section, the home or program shall terminate the 1,485
individual's employment unless the home or program chooses to 1,486
35
employ the individual pursuant to division (F) of this section. 1,488
Termination of employment under this division shall be considered 1,489
just cause for discharge for purposes of division (D)(2) of 1,490
section 4141.29 of the Revised Code if the individual lied MAKES 1,492
ANY ATTEMPT to DECEIVE the home or program about the individual's 1,494
criminal record.
(D)(1) Each home or adult day-care program shall pay to 1,497
the bureau of criminal identification and investigation the fee 1,498
prescribed pursuant to division (C)(3) of section 109.572 of the 1,499
Revised Code for each criminal records check conducted pursuant 1,500
to this section.
(2) A home or adult day-care program may charge an 1,502
applicant a fee not exceeding the amount the home or program pays 1,503
under division (D)(1) of this section. A home or program may 1,505
collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of 1,507
initial application for employment of the amount of the fee and 1,510
that, unless the fee is paid, the person will not be considered
for employment; 1,511
(b) The medical assistance program established under 1,513
Chapter 5111. of the Revised Code does not reimburse the home or 1,516
program the fee it pays under division (D)(1) of this section. 1,517
(E) The report of any criminal records check conducted 1,520
pursuant to a request made under this section is not a public 1,521
record for the purposes of section 149.43 of the Revised Code and 1,522
shall not be made available to any person other than the 1,523
following:
(1) The individual who is the subject of the criminal 1,526
records check or the individual's representative;
(2) The chief administrator of the home or program 1,529
requesting the criminal records check or the administrator's 1,530
representative;
(3) The administrator of any other facility, agency, or 1,532
program that provides direct care to older adults that is owned 1,533
36
or operated by the same entity that owns or operates the home or 1,534
program;
(4) A court, hearing officer, or other necessary 1,537
individual involved in a case dealing with a denial of employment 1,538
of the applicant.
(F) In accordance with section 3721.11 of the Revised 1,540
Code, the director of health shall adopt rules to implement this 1,541
section. The rules shall specify circumstances under which a 1,543
home or adult day-care program may hire EMPLOY a person who has 1,544
been convicted of or pleaded guilty to an offense listed OR 1,546
DESCRIBED in division (C)(1) of this section but meets personal 1,548
character standards set by the director. 1,549
(G) The chief administrator of a home or adult day-care 1,551
program shall inform each individual, at the time of initial 1,552
application for a position that involves providing direct care to 1,553
an older adult, that the individual is required to provide a set 1,554
of fingerprint impressions and that a criminal records check is 1,555
required to be conducted if the individual comes under final 1,556
consideration for employment.
(H) In a tort or other civil action for damages that is 1,558
brought as the result of an injury, death, or loss to person or 1,559
property caused by an individual who a home or adult day-care 1,561
program employs in a position that involves providing direct care 1,562
to older adults, the following shall apply: 1,563
(1) If the home or program employed the individual in good 1,565
faith and reasonable reliance on the report of a criminal records 1,567
check requested under this section, the home or program shall not 1,568
be found negligent solely because of its reliance on the report, 1,569
even if the information in the report is determined later to have 1,571
been incomplete or inaccurate;
(2) If the home or program employed the individual in good 1,573
faith on a conditional basis pursuant to division (C)(2) of this 1,575
section, the home or program shall not be found negligent solely 1,576
because it employed the individual prior to receiving the report 1,577
37
of a criminal records check requested under this section; 1,578
(3) If the home or program in good faith employed the 1,580
individual according to the personal character standards 1,582
established in rules adopted under division (F) of this section, 1,584
the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or 1,585
pleaded guilty to an offense listed OR DESCRIBED in division 1,586
(C)(1) of this section. 1,587
(I) The chief administrator is not required to request 1,590
that the superintendent of the bureau of criminal identification 1,591
and investigation conduct a criminal records check of an 1,592
applicant if the applicant has been referred to the home or adult 1,593
day-care program by an employment service that supplies 1,594
full-time, part-time, or temporary staff for positions involving 1,595
the direct care of older adults and both of the following apply: 1,596
(1) The chief administrator receives from the employment 1,598
service or the applicant a report of the results of a criminal 1,599
records check regarding the applicant that has been conducted by 1,600
the superintendent within the one-year period immediately 1,601
preceding the applicant's referral; 1,602
(2) The report of the criminal records check demonstrates 1,604
that the person has not been convicted of or pleaded guilty to an 1,606
offense listed OR DESCRIBED in division (C)(1) of this section.
Sec. 3722.151. (A) As used in this section: 1,615
(1) "Adult care facility" has the same meaning as in 1,617
section 3722.01 of the Revised Code. 1,618
(2) "Applicant" means a person who is under final 1,620
consideration for employment with an adult care facility in a 1,621
full-time, part-time, or temporary position that involves 1,623
providing direct care to an older adult. "Applicant" does not
include a person who provides direct care as a volunteer without 1,626
receiving or expecting to receive any form of remuneration other 1,627
than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the 1,629
38
same meanings as in section 109.572 of the Revised Code. 1,631
(B)(1) Except as provided in division (I) of this section, 1,634
the chief administrator of an adult care facility shall request 1,635
that the superintendent of the bureau of criminal identification 1,636
and investigation conduct a criminal records check with respect 1,637
to each applicant. If the applicant does not present proof of 1,638
having been a resident of this state for the five-year period 1,639
immediately prior to the date the criminal records check is 1,640
requested or provide evidence that within that five-year period 1,641
the superintendent has requested information about the applicant 1,642
from the federal bureau of investigation in a criminal records 1,643
check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of 1,644
investigation as part of the criminal records check of the 1,645
applicant. Even if the applicant presents proof of having been a 1,647
resident of this state for the five-year period, the chief
administrator may request that the superintendent include 1,648
information from the federal bureau of investigation in the 1,649
criminal records check. 1,650
(2) A person required by division (B)(1) of this section 1,652
to request a criminal records check shall do both of the 1,653
following: 1,654
(a) Provide to each applicant a copy of the form 1,656
prescribed pursuant to division (C)(1) of section 109.572 of the 1,657
Revised Code and a standard fingerprint impression sheet 1,658
prescribed pursuant to division (C)(2) of that section, and 1,659
obtain the completed form and impression sheet from the 1,660
applicant;
(b) Forward the completed form and impression sheet to the 1,662
superintendent of the bureau of criminal identification and 1,663
investigation. 1,664
(3) An applicant provided the form and fingerprint 1,666
impression sheet under division (B)(2)(a) of this section who 1,667
fails to complete the form or provide fingerprint impressions 1,669
39
shall not be employed in any position for which a criminal 1,670
records check is required by this section. 1,671
(C)(1) Except as provided in rules adopted by the public 1,673
health council in accordance with division (F) of this section, 1,674
no adult care facility shall employ a person in a position that 1,676
involves providing direct care to an older adult if the person 1,677
has been convicted of or pleaded guilty to any of the following: 1,678
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,680
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,681
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1,682
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1,684
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,685
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1,686
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1,687
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,688
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,689
(b) An existing or former law of this state, any other 1,691
state, or the United States that is substantially equivalent to 1,692
any of the offenses or violations described LISTED in division 1,693
(C)(1)(a) of this section. 1,695
(2) An adult care facility may employ an applicant 1,697
conditionally prior to obtaining THE RESULTS OF a criminal 1,698
records check regarding the individual. The facility shall 1,699
initiate the process of obtaining REQUEST a criminal records 1,700
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not 1,701
later than five business days after the individual begins 1,702
conditional employment. The facility shall terminate the 1,703
individual's employment if the results of the criminal records 1,704
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM 1,705
THE FEDERAL BUREAU OF INVESTIGATION, are not obtained within the 1,707
period ending sixty days after the date the request is made. If 1,708
REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE 1,709
OBTAINED, IF the results indicate that the individual has been 1,712
convicted of or pleaded guilty to any of the offenses specified 1,713
40
LISTED OR DESCRIBED in division (C)(1) of this section, the 1,714
facility shall terminate the individual's employment unless the 1,716
facility chooses to employ the individual pursuant to division 1,717
(F) of this section. Termination of employment under this 1,718
division shall be considered just cause for discharge for 1,719
purposes of division (D)(2) of section 4141.29 of the Revised 1,721
Code if the individual lied MAKES ANY ATTEMPT to DECEIVE the 1,723
facility about the individual's criminal record. 1,724
(D)(1) Each adult care facility shall pay to the bureau of 1,726
criminal identification and investigation the fee prescribed 1,727
pursuant to division (C)(3) of section 109.572 of the Revised 1,728
Code for each criminal records check conducted pursuant to this 1,729
section. 1,730
(2) An adult care facility may charge an applicant a fee 1,732
not exceeding the amount the facility pays under division (D)(1) 1,733
of this section. A facility may collect a fee only if it 1,734
notifies the person at the time of initial application for 1,735
employment of the amount of the fee and that, unless the fee is 1,737
paid, the person will not be considered for employment. 1,738
(E) The report of any criminal records check conducted 1,740
pursuant to a request made under this section is not a public 1,741
record for the purposes of section 149.43 of the Revised Code and 1,742
shall not be made available to any person other than the 1,743
following:
(1) The individual who is the subject of the criminal 1,745
records check or the individual's representative; 1,747
(2) The chief administrator of the facility requesting the 1,750
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 1,752
program that provides direct care to older adults that is owned 1,753
or operated by the same entity that owns or operates the adult 1,754
care facility;
(4) A court, hearing officer, or other necessary 1,756
individual involved in a case dealing with a denial of employment 1,757
41
of the applicant.
(F) The public health council shall adopt rules in 1,759
accordance with Chapter 119. of the Revised Code to implement 1,761
this section. The rules shall specify circumstances under which 1,762
an adult care facility may hire EMPLOY a person who has been 1,763
convicted of or pleaded guilty to an offense listed OR DESCRIBED 1,765
in division (C)(1) of this section but meets personal character 1,767
standards set by the council. 1,768
(G) The chief administrator of an adult care facility 1,770
shall inform each individual, at the time of initial application 1,771
for a position that involves providing direct care to an older 1,772
adult, that the individual is required to provide a set of 1,773
fingerprint impressions and that a criminal records check is 1,774
required to be conducted if the individual comes under final 1,775
consideration for employment.
(H) In a tort or other civil action for damages that is 1,777
brought as the result of an injury, death, or loss to person or 1,778
property caused by an individual who an adult care facility 1,780
employs in a position that involves providing direct care to 1,781
older adults, the following shall apply: 1,782
(1) If the facility employed the individual in good faith 1,784
and reasonable reliance on the report of a criminal records check 1,786
requested under this section, the facility shall not be found 1,787
negligent solely because of its reliance on the report, even if 1,788
the information in the report is determined later to have been 1,789
incomplete or inaccurate;
(2) If the facility employed the individual in good faith 1,791
on a conditional basis pursuant to division (C)(2) of this 1,793
section, the facility shall not be found negligent solely because 1,794
it employed the individual prior to receiving the report of a 1,795
criminal records check requested under this section; 1,796
(3) If the facility in good faith employed the individual 1,798
according to the personal character standards established in 1,800
rules adopted under division (F) of this section, the facility 1,802
42
shall not be found negligent solely because the individual prior 1,803
to being employed had been convicted of or pleaded guilty to an 1,804
offense listed OR DESCRIBED in division (C)(1) of this section. 1,805
(I) The chief administrator is not required to request 1,808
that the superintendent of the bureau of criminal identification 1,809
and investigation conduct a criminal records check of an 1,810
applicant if the applicant has been referred to the adult care 1,811
facility by an employment service that supplies full-time, 1,812
part-time, or temporary staff for positions involving the direct 1,813
care of older adults and both of the following apply: 1,814
(1) The chief administrator receives from the employment 1,816
service or the applicant a report of the results of a criminal 1,817
records check regarding the applicant that has been conducted by 1,818
the superintendent within the one-year period immediately 1,819
preceding the applicant's referral; 1,820
(2) The report of the criminal records check demonstrates 1,822
that the person has not been convicted of or pleaded guilty to an 1,824
offense listed OR DESCRIBED in division (C)(1) of this section. 1,825
Sec. 4753.08. The board of speech-language pathology and 1,834
audiology shall waive the examination and educational 1,835
requirements for any applicant who: 1,836
(A) On September 26, 1975, has at least a bachelor's 1,838
degree with a major in speech-language pathology or audiology 1,839
from an accredited college or university, or who has been 1,840
employed as a speech-language pathologist or audiologist for at 1,841
least nine months at any time within the three years prior to 1,842
September 26, 1975, if an application providing bona fide proof 1,843
of such degree or employment is filed with the board within one 1,844
year after September 26, 1975, and is accompanied by the 1,845
application fee as prescribed in division (A) of section 4753.11 1,846
of the Revised Code; 1,847
(B) Presents proof of current certification or licensure 1,849
in good standing in the area in which licensure is sought in a 1,850
state which has standards at least equal to those for licensure 1,851
43
in this state; 1,852
(C) Presents proof of a current certificate of clinical 1,854
competence in speech-language pathology or audiology that is in 1,855
good standing and received from the American 1,856
speech-language-hearing association in the area in which 1,857
licensure is sought; 1,858
(D) On January 1, 2001, holds a current certificate, 1,861
except a temporary certificate, if the certificate is in good 1,862
standing, PURSUANT TO SECTION 3319.222 OF THE REVISED CODE, in 1,863
the area in which licensure is sought and if an application 1,864
providing bona fide proof of the certificate is filed with the 1,865
board on or after January 1, 2001, but before January 1, 2002. 1,866
Notwithstanding division (A) of section 4753.11 of the Revised 1,867
Code, the board shall not charge a licensure fee for a license 1,869
issued by waiver to the holder of such a certificate. As used in 1,870
this division, "certificate" means a certificate issued by the
Ohio department of education to an applicant PURSUANT TO SECTION 1,871
3319.222 OF THE REVISED CODE to serve as a SCHOOL speech and 1,872
hearing therapist, a school speech-language pathologist, a school 1,873
audiologist, or any equivalent position for which a certificate 1,874
is issued by the Ohio department of education. 1,875
(E) On January 1, 2001, is employed as a speech-language 1,878
pathologist or audiologist by any agency of this state, if an
application providing bona fide proof of the employment in the 1,879
area in which licensure is sought is filed with the board on or 1,880
after January 1, 2001, but before January 1, 2002. 1,881
Notwithstanding division (A) of section 4753.11 of the Revised 1,882
Code, the board shall not charge a licensure fee for a license 1,883
issued by waiver to a person so employed.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 1,885
Sec. 4753.12. Nothing in this chapter shall be construed 1,894
to:
(A) Prohibit a person other than an individual from 1,896
engaging in the business of speech-language pathology or 1,897
44
audiology without licensure if it employs a licensed individual 1,898
in the direct practice of speech-language pathology and 1,899
audiology. Such entity shall file a statement with the board, on 1,900
a form approved by the board for this purpose, swearing that it 1,901
submits itself to the rules of the board and the provisions of 1,902
this chapter which the board determines applicable. 1,903
(B) Prevent or restrict the practice of speech and hearing 1,905
therapy or the use of the official title of such practice by a 1,906
person who holds a valid and current license OR CERTIFICATE as a 1,907
speech and hearing therapist SCHOOL SPEECH-LANGUAGE PATHOLOGIST 1,908
OR SCHOOL AUDIOLOGIST issued by the state board of education 1,909
UNDER SECTION 3319.22, 3319.222, OR 3319.223 OF THE REVISED CODE, 1,910
to prevent or restrict the establishment of standards and courses 1,912
of study pursuant to Chapter 3319. of the Revised Code, to 1,913
prevent or restrict the licensure of teachers pursuant to Chapter 1,914
3319. of the Revised Code, or prevent any person assigned by or 1,915
under the control of the superintendent of or board of a city,
local, or exempted village school district or of an educational 1,916
service center from identification screening of speech or hearing 1,918
impairments of pupils enrolled in the district or educational 1,919
service center, provided such persons are performing activities 1,920
within the scope of their employment and do not offer to render 1,921
speech-language pathology or audiology services to the general 1,922
public outside of the institutions or organizations in which they 1,923
are employed. 1,924
(C) Prevent or restrict the practice of a person employed 1,926
as a speech-language pathologist or audiologist by any agency of 1,927
the state or the federal government. 1,928
(D) Restrict the activities and services of a student or 1,930
intern in speech-language pathology or audiology from pursuing a 1,931
course of study leading to a degree in these areas at a college 1,932
or university accredited by a recognized regional or national 1,933
accrediting body or in one of its cooperating clinical training 1,934
facilities, if these activities and services are supervised by a 1,935
45
person licensed in the area of study or certified by the American 1,937
speech-language-hearing association in the area of study and if 1,938
the student is designated by a title such as "speech-language 1,939
pathology intern," "audiology intern," "trainee," or other such 1,940
title clearly indicating the training status. 1,941
(E) Prevent a person from performing speech-language 1,943
pathology or audiology services when performing these services in 1,944
pursuit of the required supervised professional experience as 1,945
prescribed in section 4753.06 of the Revised Code and that person 1,946
has been issued a conditional license pursuant to section 1,947
4753.071 of the Revised Code. 1,948
(F) Restrict a speech-language pathologist or audiologist 1,950
who holds the certification of the American 1,951
speech-language-hearing association, or who is licensed as a 1,952
speech-language pathologist or audiologist in another state and 1,953
who has made application to the board for a license in this 1,954
state, from practicing speech-language pathology or audiology 1,955
without a valid license pending the disposition of the 1,956
application.
(G) Restrict a person not a resident of this state from 1,958
offering speech-language pathology or audiology services in this 1,959
state if such services are performed for not more than one period 1,960
of thirty consecutive calendar days in any year, if the person is 1,961
licensed in the state of the person's residence or certified by 1,963
the American speech-language-hearing association and files a
statement as prescribed by the board in advance of providing 1,964
these services. Such person shall be subject to the rules of the 1,965
board and the provisions of this chapter. 1,966
(H) Restrict a person licensed under Chapter 4747. of the 1,968
Revised Code from engaging in the duties as defined in that 1,969
chapter related to measuring, testing, and counseling for the 1,970
purpose of identifying or modifying hearing conditions in 1,971
connection with the fitting, dispensing, or servicing of a 1,972
hearing aid, or affect the authority of hearing aid dealers to 1,973
46
deal in hearing aids or advertise the practice of dealing in 1,974
hearing aids in accordance with Chapter 4747. of the Revised 1,975
Code. 1,976
(I) Restrict a physician from engaging in the practice of 1,978
medicine and surgery or osteopathic medicine and surgery or 1,979
prevent any individual from carrying out any properly delegated 1,980
responsibilities within the normal practice of medicine and 1,981
surgery or osteopathic medicine and surgery. 1,982
(J) Restrict a person registered or licensed under Chapter 1,984
4723. of the Revised Code from performing those acts and 1,985
utilizing those procedures that are within the scope of the 1,986
practice of professional or practical nursing as defined in 1,987
Chapter 4723. of the Revised Code and the ethics of the nursing 1,988
profession, provided such a person does not hold self out CLAIM 1,990
to the public as TO BE a speech-language pathologist or 1,991
audiologist.
(K) Restrict an individual licensed as an audiologist 1,993
under this chapter from fitting, selling, or dispensing hearing 1,994
aids. 1,995
(L) Authorize the practice of medicine and surgery or 1,997
entitle a person licensed pursuant to this chapter to engage in 1,998
the practice of medicine or surgery or any of its branches. 1,999
(M) Restrict a person licensed pursuant to Chapter 4755. 2,001
of the Revised Code from performing those acts and utilizing 2,002
those procedures that are within the scope of the practice of 2,003
occupational therapy or occupational therapy assistant as defined 2,004
in Chapter 4755. of the Revised Code, provided the person does 2,005
not hold oneself out CLAIM to the public as TO BE a 2,007
speech-language pathologist or audiologist.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 2,009
Section 2. That existing sections 109.572, 173.41, 2,011
3301.0711, 3701.881, 3712.09, 3721.121, 3722.151, 4753.08, and 2,013
4753.12 of the Revised Code are hereby repealed. 2,014
Section 3. Section 3319.223 of the Revised Code is hereby 2,016
47
repealed, effective January 1, 2002. 2,017
Section 4. The Legislative Office of Education Oversight 2,019
shall conduct a study of the shortage of speech-language 2,020
pathologists, audiologists, occupational therapists, and physical 2,021
therapists available to treat students in schools. The contents 2,022
of the study and the methodology to be used in conducting the 2,023
study shall be determined by the Office. The Office shall 2,024
consult with the Department of Education, the Ohio Board of
Regents, the Board of Speech-Language Pathology and Audiology, 2,025
and the appropriate sections of the Ohio Occupational Therapy, 2,026
Physical Therapy, and Athletic Trainers Board. Not later than 2,028
December 31, 1998, the Office shall submit to the Governor,
Speaker of the House of Representatives, MINORITY LEADER OF THE 2,029
HOUSE OF REPRESENTATIVES, President of the Senate, AND MINORITY 2,030
LEADER OF THE SENATE a report of its findings and 2,031
recommendations.
Section 5. The Ohio Board of Regents shall survey all 2,033
state universities listed in section 3345.011 of the Revised 2,036
Code, and all private colleges and universities issued a 2,037
certificate of authorization under Chapter 1713. of the Revised
Code, to (A) determine their current capacity to educate and 2,038
train speech-language pathologists, audiologists, occupational 2,039
therapists, and physical therapists and (B) develop strategies 2,040
for increasing that capacity to meet the state's need for school 2,042
speech-language pathologists, audiologists, occupational 2,043
therapists, and physical therapists. Not later than December 31, 2,044
1998, the Board shall submit to the Governor, the Speaker of the
House of Representatives, and the President of the Senate a 2,045
report of its findings and recommendations. 2,046
Section 6. The amendment of sections 4753.08 and 4753.12 2,048
of the Revised Code by this act is not intended to supersede the 2,049
earlier amendment of those sections by Am. Sub. S.B. 230 of the 2,050
121st General Assembly that takes effect January 1, 2002. 2,051
Section 7. Sections 109.572 and 3701.881 of the Revised 2,053
48
Code are presented in this act as composites of those sections as 2,055
amended by Am. Sub. H.B. 445, Am. Sub. H.B. 269, and Am. Sub. 2,056
S.B. 160 of the 121st General Assembly, with the new language of 2,057
none of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section 2,058
1.52 of the Revised Code that such amendments are to be 2,059
harmonized where not substantively irreconcilable and constitutes 2,060
a legislative finding that such is the resulting version in 2,061
effect prior to the effective date of this act. 2,062
Section 8. The amendments made by this act to sections 2,064
109.572, 173.41, 3701.881, 3712.09, 3721.121, and 3722.151 of the 2,065
Revised Code do not supersede Section 3 of Am. Sub. S.B. 160 of 2,066
the 121st General Assembly, which provides that those sections as 2,067
amended and enacted by Am. Sub. S.B. 160 apply only to persons 2,068
who apply for employment on or after January 27, 1997, the 2,069
effective date of Am. Sub. S.B. 160 of the 121st General 2,070
Assembly.
Section 9. This section applies only to school districts 2,072
that were unable to meet the requirements of sections 3313.48, 2,073
3313.481, and 3317.01 of the Revised Code respecting the number 2,074
of days schools must be open for instruction because of a fire in 2,075
the district that rendered one or more buildings unfit for use. 2,076
Notwithstanding sections 3313.48, 3313.481, and 3317.01 of the 2,077
Revised Code, a school district described in this section shall 2,079
be deemed to have complied with the requirements of those
sections if it increases the length of the school day by one hour 2,080
each day for the number of days equal to the number of days that 2,081
the district was closed in excess of the number permitted by 2,082
sections 3313.48, 3313.481, and 3317.01 of the Revised Code 2,083
multiplied by the number of hours required by the Department of
Education in the state minimum standards for the school day. 2,084
Section 10. This act is hereby declared to be an emergency 2,086
measure necessary for the immediate preservation of the public 2,088
peace, health, and safety. The reasons for such necessity are 2,089
49
that the current supply of licensed speech-language pathologists 2,090
and audiologists is inadequate to meet the needs of the state's 2,091
school children; nonpublic school students with disabilities who 2,092
would be exempt from proficiency tests if attending public 2,093
schools currently are not exempt from taking proficiency tests in 2,094
the 1997-1998 academic year; and certain individuals are being 2,097
denied employment in positions that involve providing direct care 2,098
to older adults because information from the Federal Bureau of 2,099
Investigation at times is not available before the end of the 2,100
60-day period during which an individual may be employed 2,101
conditionally prior to obtaining the results of a criminal 2,102
records check. Therefore, this act shall go into immediate 2,103
effect.