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          

                                                          5      

                                                                 
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.